Compressed Hours of Work and 40-Hour Work Week
Ratification Vote Results
Posted on 10/1/2021
Updated on 10/6/2021
Thank you to everyone who took the time to vote on the proposed "Amended Hours of Work and Compressed Hours of Work Options (36.9)” Letter of Understanding (LOU).
Of those who voted, the majority voted in favour of accepting the LOU.
- 2,264 out of 4,373 eligible members voted (51.77%):
- 1,607 members voted "Yes, I accept the LOU" (70.98%)
- 657 members voted "No, I reject the LOU" (29.02%)
4,373 members received the initial email, and those who had not voted by 8:00 a.m. of October 1, 2021 (deadline day) were sent a reminder email to vote.
The Union will sign the LOU so that it becomes part of the Collective Agreement. Implementation updates will be provided as information is available to share.
Posted on 9/17/2021
On June 11, 2021, acting on language contained in Article 6.01.15 of the Collective Agreement (Changes to Bi-weekly hours of Work or Compressed Hours of Work Program) the City of Edmonton (COE) announced that they were doing a branch-by-branch review to determine which CSU 52 positions with 33.75 hours weekly could be moved to 40 hours weekly. As part of this review, they also wanted to determine whether or not an Earned Day Off (EDO) program would be available, and if personnel reductions were required to offset costs. The original announcement sounded as though only some positions would be affected; however, the Union was subsequently informed that the COE’s intention was to move all positions to 40 hours over time and on a cost-neutral basis.
To try and mitigate the impact on our members with this change to hours of work, CSU 52 entered into discussions with the COE on a 36.9 weekly hours of work option. Shortly after discussions began, the Union held a virtual meeting with our members to explain concerns regarding the COE’s hours of work proposal and to gather feedback from our members. Some of the Union’s concerns included the hourly rate of pay, removal of the 33.75 hourly rate paid on overtime for 40 hour employees, that the hours of work arrangement would affect Edmonton Police Service employees who had not been subject to the COE’s announcement, and that there were no guarantees on employee choice of EDO options or that the COE would not move employees to 40 hours later on. After gathering feedback from our members, the Union continued discussions with the COE.
Resulting from the discussions with the COE is a Letter of Understanding (LOU) that provides a new 36.9 hours of work option, which addresses some of the Union’s concerns, but not all of them. Please note that the Union has not signed this LOU; however, given the impact of the COE’s decision around hours of work and the fact that we’ve heard from some of our members that they would welcome a 36.9 hours of work option, CSU 52’s Board of Directors made the decision to have our members vote on the proposed LOU. If the majority vote yes, the Union will sign the LOU, and it will be added to the Collective Agreement. Please note that while members in the Edmonton Police Service are exempt from this proposed LOU, as bargaining unit members, they are entitled to vote.
Here is a breakdown of the LOU:
- Through the COE’s 40-hour work week initiative, some positions will move from 33.75 hours per week to 40 hours and some will move from 33.75 to 36.9 hours.
- A new 36.9 hours of work option is being added to the Collective Agreement. The 33.75 and 40 hours of work options will both continue to exist.
- The hourly rate of pay for 36.9 hours will be calculated as a wage adjustment of 6% on the annual salary assigned from the 33.75 schedule of wages.
- Overtime, pay for work on STAT holidays and pay for work on off-days for 36.9 hour employees will be paid at the 36.9 hourly rate.
- Two new EDO options are being added to the Collective Agreement for both 36.9 and 40 hours: 12 or 19 EDOs. Please note that the current 40 hour EDO option remains available (25 EDOs). For both the 12 and 19 EDO options, there is no requirement to work the first full pay period of the year without an EDO.
- If members currently have an EDO, they will likely be allowed an EDO option going forward. Where continuation of an EDO option is not feasible, the COE will notify the Union of the business rationale and meet to consider alternatives before a final decision is made.
- Employee choice for the number of EDOs will be considered, but Management will make the final decision.
- There is the potential for work areas without EDOs to allow employees to have an EDO option.
- Since the change to hours of work will happen gradually, employees currently working 33.75 hours with an EDO will continue to have 25 EDOs per year, until they are provided with as much notice as possible, but not less than the amount of time required in Article 6.01.15 of the Collective Agreement, of their move to a different hours of work option.
- The COE has confirmed that there are no plans to move large employee groups who are moved to 36.9 hours to then be moved to 40 hours; however, changes to hours of work can still occur as per Article 6.01.15 of the Collective Agreement and will require that the Union be notified of the business rationale in advance. The COE and Union will also be required to meet to consider alternatives before a final decision is made.
- Employees at the Edmonton Police Service are exempt from this LOU.
As mentioned previously, the Union had some concerns while negotiating this LOU and here is a breakdown of what has been resolved, and what has not:
Resolved:
- A new option of 36.9 hours instead of 40 hours lessens the impact to the change in hours of work. It also reduces the potential for position eliminations, which the COE previously notified the Union may be required to recover the costs of increasing staff to 40 hours.
- Members currently in an EDO program will likely continue with an EDO under the proposed LOU, either 12 or 19 EDOs.
- 40-hour workers will continue to be paid overtime based on the 33.75-hour wage schedule.
- Edmonton Police Service employees are exempt.
Unresolved:
- No language guaranteeing the 36.9 hour schedule; the employer retains the right to move members to a 40 hour schedule. The employer insists that 36.9 is the new normal base hours of work, but refused to provide language to effect that statement.
- Reduced number of EDOs with the 36.9 option. EDOs will continue to be at the discretion of the employer. While employee preference will be considered, CSU 52 wanted language in the LOU guaranteeing member choice between 12 or 19 EDOs.
- Multiple salary schedules. The issue of members doing identical work for different hourly rates continues.