Employer Misinterpretation: Records of Employment

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There is currently a divergence of interpretation in regards to post-strike Records of Employment (ROEs).

The Employer’s position regarding post-strike ROEs:

  • is that work not directly tied to a workload form should not be counted in the total hours worked.
    • This means that the Employer has not included in members’ ROEs the hours covered by the 90% automatically paid out to anyone who returned to work after the strike.

For the purpose of ROEs, the Employer had counted only the hours covered by the remaining 10% (which was linked to a workload form). Once insurable hours completed before the strike are included, the Employer’s position results in excluding from ROEs 15% of Fall/Winter and 40% of Winter contract hours.

The Union’s position regarding post-strike ROEs:

  • is that this formula and calculation make no sense since, in order to be eligible for the 10%, members needed to first complete the other 90% of their work.

If members completed 100% of their contract, they should receive 100% of all pay and insurable hours for completing that work.

What CUPE 3903 is doing about this:

  • We will continue to demand that the Employer amend ROEs to reflect the EI insurable hours mandated by our Collective Agreements.
  • We will be persistently following up with Service Ontario regarding the misclassification of 90% of remediation work as non-work hours.
  • Members are urged to complete the ROE issues jotform (linked here) so that we have as much evidence as possible of this problem, in order to better collectively address it.
  • We will be potentially filing grievances for the Employer’s misrepresentation of what was obviously work for pay in the ROE.

For any questions, please contact: Joseph Tohill, Vice-President Unit 2, at cupe3903vpu2@gmail.com.