The 'Contracting Out' Clause

The 'Contracting Out' Clause

Many people have written in and have questions about the company's offer in the 'contracting out' area of the 'offer'. They want to know how it affects them.

Below is the answer (and the questions) many want and need to hear. And, they need to be asked! Propaganda and misinformation that the company is spreading to get people to cross the line, is just that. iPOD's, DVD players and the ice cream are meant to win you over...There is no free lunch! It's much like the abuser who say's 'I'm sorry, it'll never happen again...'. That is, until the NEXT time it happens.

Educate yourself. Ask the hard questions! Managers refuse to sign documents saying 'You'll have your job'. How can they guarantee that when they are subject to dismissal faster than you are! They have to tow the corporate line or are gone. Why do you think they're still at work even with protection? (Refer to Arb.94.3.C - Grundy Decisions - 1981-12-09, 1983-07-19) They're afraid!

*excerpt of the Company’s offer dated April 25, 2005

29.01 "No Regular employee will be laid off as a direct result of the Company contracting out work that is normally performed and currently performed by bargaining unit employees. The Company further agrees that it will not contract out any bargaining unit work in the job classification and headquarters area where there are employees on lay-off who are capable of doing the work, providing the necessary tools and equipment are available."

1. ‘Regular’ employee – to understand the definition of “Regular” refer to 2.01 and 2.02 “whose employment is reasonably expected to be ongoing” – our current language in the CEP agreement is “whose employment is expected to continue indefinitely” – honestly, which makes you feel more secure?

Also, what about our provisional & temporary Employees? There is NO security for them in this article. For those Provisionals who have crossed the line, demand of management they answer this question! “As a Provisional and not a Regular Employee, am I guaranteed NOT to be laid off per Article 29.01?”

2. “As a direct result”. What about indirectly? Meaning… if someone else’s job is contracted out, they wont be laid off – we understand that. However what happens if he/she doesn’t want to leave the employ of the Company and wishes to be retrained and redeployed… for example… bumping someone out of a call centre position – in effect laying that call centre rep off… seeing as Mobility call centres wont be contracted out first necessarily… call centre reps CAN be laid off.

3. What do they mean by “normally and currently performed”?

4. “Providing the necessary tools and equipment are available” – what happens when they contract out the work and sell the tools and equipment? Those laid off employees WON'T be recalled. Their jobs are permanently contracted out because the contractors would have the tools and equipment.

29.02 "The Company will give notice in writing to the Union before contracting out any work that has been historically done by the employees in the bargaining unit. Such notice will state the reasons for the contracting out."

This sub-paragraph supercedes 29.01. It gives TELUS full reign to contract out any work at any time regardless of 29.01.

For those who feel secure with this Article and by the assurances of management, we ask that you keep an open mind and demand answers from management when they begin to quote this article in the workplace. This offer is a contract and anyone about to sign a contract should fully and completely understand it.

For the rest of us outside, this is our fight! It has always been about Job Security and remains such.

For those members that have crossed, its not too late… Don’t feel pressured to remaining inside. We welcome you back to our cause to bring about a revised and respectful collective agreement we all have earned.

Yours respectfully,

John Bass, President of TWU 213