TFEU updates, November 2007

Member input needed on staffing

TFEU's submission to the liaison committee on staffing issues will be next Wednesday. Dan Penner and Dale Costanzo will be coordinating the presentation. This is our input into Ken's report to the BCTF Executive. We will also have an opportunity to make a presentation to the full executive, once we know what Ken's recommendations are. Please e-mail Dan and Dale and let them know of staffing issues in your area. Are there workload problems? Are there positions that aren't being filled? Are their rumours that need to be answered? Quick action on this would be helpful.

Information re benefit plans

We have received a letter from the employer stating that TFEU members should not be concerned if they receive letters from Pacific Blue Cross saying that they are imposing limits on benefits identified as "unlimited". This policy does not apply to TFEU members and our benefit plans.

Arbitration win

We won another important arbitration on posting and filling, situation where the senior applicant was denied a position on the basis of a "deemed" qualification that hadn't been stated in the job description. The arbitrator ruled that our language means that "any qualification that the employer was going to rely upon would have to be specified in the job description." He further ruled that "a blanket prohibition against outstide employment would not be reasonable and enforceable either in respect of filling a vacant position or as a basis for disciplinary action." In relation to the language that says the senior applicant gets the job if there is "a reasonable expectation ... that the employee will be able to perform the duties of the position in a satisfactory manner ..." the decision says the applicant "had performed this job in similar circumstances in previous years without any problems or difficulties." The arbitrator said that the senior applicant should have been awarded the position, and directed that he be compensated for the wages and benefits he lost ..."

Once again, this decision should make it easier to settle future grievances at an early stage.

EFAP reminder

TFEU members are reminded that the EFAP services ( could be useful for dealing with many situations and if you have concerns or suggestions you want us to raise with the employer, or act on as the union, please let us know.