Wednesday, November 22, 2023
In July 2023, an arbitrator awarded in favour of a coalition of five OPS employee unions, led by AMAPCEO, in a dispute over the Ontario government’s refusal to recognize the National Day for Truth and Reconciliation, September 30, in 2022.
The arbitrator ordered that, going forward, the day must be treated as a paid holiday and further, that it should have been observed as a paid holiday in 2022.
Providing a remedy for the 2022 holiday was referred back to the parties for resolution. AMAPCEO has begun preliminary discussions with the employer and is confident that both parties will arrive at a fair general remedy that provides compensation to all members of the bargaining unit who should have been entitled to a holiday.
There are, however, some members who may have been uniquely impacted in 2022. Indigenous employees, in particular, were encouraged by the employer to request the use of special and compassionate leave in order to take the day off of work. Members may have also had to make alternative arrangements (for example, through the use of unpaid leave) to observe the day.
These members must be fully considered in any remedy negotiated with the Employer.
To this end, AMAPCEO is asking to hear from any individuals who feel they may have been unfairly impacted beyond not receiving credit for time worked on a holiday. Some examples of these impacts may include:
- Members using special and compassionate leave days that could have been used for other purposes in 2022.
- Fixed-term employee members who took unpaid leave on September 30, 2022, and had attendance and/or vacation credits deducted as a result.
- Members who used other leave entitlements or credits, which may require reimbursement, to observe the day.
If you feel you were unfairly impacted regarding the September 30, 2022 holiday and would like AMAPCEO to raise your concerns during our remedy discussions with the employer, we encourage you to contact us.
Please email Benjamin Rossiter, Team Lead, Labour Relations and Bargaining, at rossiter@amapceo.on.ca by Friday, December 8, 2023, with the details of how you were affected.
AMAPCEO cannot guarantee any specific results at this time, but we are committed to raising with the employer all concerns brought to our attention.