Welcome to the new HCCSS bi-monthly newsletter: your one-stop shop for HCCSS updates that matter most.
Dear members,
As we continue to combat changes in Ontario’s health care sector, the Health Care Workers’ Coordinating Committee is introducing our new, bi-monthly newsletter in an effort to communicate with our members in the health care sector more effectively and frequently.
We know that there are many challenges affecting health care workers today, including Bill 135, PSLRTA and the merging of all 14 LIHNs/HCCSSs to create Ontario Health atHome. During this process of change, it is important for all CUPE members working in home care to stay strong and united as a union.
Your representatives are working diligently to ensure that you and your coworkers in home and community care continue to provide the excellent service that you give day in and day out.
Keep an eye out in your inboxes for your next HCCSS newsletter in January, 2024.
A message from the LHINs/HCCSS Representative
My name is Brett Geneau and I represent Home and Community Care Support Services across Ontario on the Health Care Workers’ Coordinating Committee. Our goal is to build better health care and work environments for health care workers and CUPE members in Ontario. Right now, there is a LOT happening in our sector. Bill 135 is about to pass and will be initiated in January 2024. We’re also ramping up for wage reopeners and bargaining in the new year, as well as 14 HCCSSs amalgamating into one organization.
Now more than ever, we need to stay united and strong, and as your representative, it is my responsibility to collaborate with this team and health care workers across the province to create a better, more equitable health care system for us all. I cannot do that without the cooperation and support from members across the HCCSS, like you.
To start, please click the button at the side or bottom of this newsletter to receive up to date information on all future actions and collaborations coordinated by the HCWCC. Going forward, we’ll be focusing on building communication, engagement and knowledge of key issues affecting members in health care.
Over the next year I look forward to working diligently with all our HCCSS areas during this transition period. If you have any questions or concerns, or if you feel you need to share something that has taken place in your workplace, please reach out to me via email at brettgeneau@hotmail.com.
I look forward to working with you all.
What is Bill 135?
The Ontario government has introduced Bill 135, Convenient Care at Home Act.
The Bill would merge all fourteen LHINs/HCCSSs to create OH atHome. The objective of this organization will include the provision of home and community care services to patients, the provision of placement management services and the provision of operational supports, including care co-ordination services, to health service providers and Ontario Health Teams.
New regulation-making powers are contemplated that will govern aspects of OH atHome and the amalgamation of the HCCSSs. These regulations will not likely be made public until after the legislation passes.
HCCSS employees will transfer to OH atHome and collective agreements will transfer with the employees.
The merger, however, will likely require the restructuring of bargaining units. The legislation indicates that the Public Sector Labour Relations Transition Act [PSLRTA] will be used for this merger. It is not yet clear what bargaining unit structure the government, OH or the HCCSSs favour regarding this restructuring, but the merger may well result in representation votes.
KEEP AN EYE ON YOUR INBOX FOR A COORDINATING BARGAINING SURVEY!
As we gear up for bargaining in 2024, we want to hear about what issues matter most to you in your workplace
The government has indicated that they are aiming to implement the merger in 2024.
The Bill contemplates the possibility of OH atHome entering into contracts with home care service providers for the assignment of employees to work under the direction of the service provider.
Under this Bill, such employees, however, can remain employees at OH atHome.
While maintaining employment with OH atHome is positive, this does raise some concerns about potential interference by the service providers. The ministry has promised further discussions on this issue.
This reform will create uncertainty for HCCSS workers and fails to address the key problems in the home care sector. Unfortunately, the government indicates that they intend to maintain contracting out as the predominant form of home care delivery.
However, this reform does not directly privatize or cut HCCSS services further. That modest step is a victory given the current government’s orientation. But many problems remain and the uncertainty about where this government will ultimately take home care remains.
Together we will continue advocating for a fully public home care system that provides fair wages and working conditions for all home care workers while providing the best home care to the people of Ontario.
What is PSLRTA?
The Public Sector Labour Relations act is the legislation that provides a mechanism to deal with mergers, amalgamations and restructurings in the municipal, school board, hospital sectors and LIHN-initiated health services.
PSLRTA establishes certain rights for affected workers and sets a framework to determine the appropriate bargaining units in an amalgamated workplace and which union should represent the workers.
When workplaces covered by PSLRTA amalgamate, merge or restructure, the Ontario Labour Relations Board (“OLRB”) will, in consultation with the affected unions and employers, determine what bargaining units are appropriate in the new workplace and the voting process if no one union represents 80% of workers in the post merger bargaining unit and representation votes are to take place.
When we have more information about what the post-merger bargaining unit will look like we will share it.
What happens to my Collective Agreement during a restructuring/merger?
During a restructuring/merger process under PSLRTA, workers covered by a collective agreement continue to be covered by that collective agreement. Rates of pay, benefits and working conditions continue to apply as they did prior to the vote. That’s the law.
When two or more unions represent employees before the representation vote, the collective agreements from these unions form a composite collective agreement after the vote. The composite collective agreement, along with the successful union’s seniority, grievance procedure, job posting, and layoff and recall language remain in effect until a new first collective agreement is negotiated between the employer and the successful union.
CUPE has a great track record of negotiating the best language from each union’s collective agreement into the new collective agreement as well as harmonizing wages to the highest rates.
Over the next few weeks and months more information will be shared about the restructuring process. Throughout this process, it will be important to stay focused on preparation for bargaining to improve wages and working conditions and protect jobs and services.