The Best way to fight Contracting out in the workplace is to have great Collective Agreement language.
Does your local have contracting out language in its CA? send your language to us and we will post it here so other locals can see the kind of articles they should strive for in their next session of bargaining.
The Employer agrees that normal work or services preformed by the employees shall not be assigned to persons outside the bargaining unit except in the case of emergency. In the event such an emergency should happen, no employee shall be laid off or displaced during this period.
No employee shall be laid off or suffer a loss of regular earnings as a result of contracting out of work preformed by employees in the bargaining unit.
Letter Of Understanding
The Department of Transportation & Infrastructure Renewal (the “Employer”) And
The Canadian Union of Public Employees Local 1867 (the “Union”)
The Employer acknowledges the Union’s concern regarding job security for long term employees.
However, it is understood by both Parties that, due to fluctuating resources, the Employer may be required to supplement its own winter fleet complement with the use of privately owned snow removal and ice control equipment in order to ensure the timely and cost-efficient maintenance of our highway system, with public safety being of utmost importance.
To that end, the Parties hereby agree that as of the signing date of this letter of understanding that:
- The Employer will have not more than forty-one (41) pieces of privately owned snow removal and ice control equipment under contract during each winter season for the life of Collective Agreement #13, excluding temporary use of non-departmental machinery during an emergency;
- The location of the pieces of contracted equipment may vary throughout the province and throughout each winter season;
- The parties agree that the terms of this letter of understanding are subject to the grievance and adjudication procedures as set out in the collective agreement.
Local 3008 B
Article 28 Restrictions of Contracting Out
In order to provide job security for the members of the bargaining unit, the Employer agrees that all work or services performed by the employees shall not be subcontracted, transferred, leased, assigned , or conveyed, in whole or part, to any other plant, person, company or non-unit employee.
Article 37 – Contracting Out
37.01 The parties hereto agree that for the term of this Agreement there shall be no restriction on contracting-out by the EMPLOYER of the work or services of a kind now performed by employees herein represented; provided, however, that no permanent employee of the EMPLOYER shall, as a result of such contracting out thereby lose employment, be demoted or suffer a loss of negotiated basic wages and benefits. The EMPLOYER shall give thirty (30) calendar days, prior notice to the UNION of its intention to contract out work. No notice of contracting out is required where:
a) The work is not currently performed by members of the bargaining unit, or:
b) The work is currently contracted out, or;
c) The work involves the rental of operated or non-operated equipment for periods of thirty (30) days or less.