Published: May 17th 2012
Source: TCRC General Committees of Adjustment
Printer friendly version
Brothers and Sisters,
RE: BENEFITS AND ANNUAL VACATION DURING A STRIKE or LOCK-OUT
This letter is to inform the membership that, during a legal strike, your day to day benefits are not covered by the Company’s benefit plans. Should it be necessary, the TCRC has purchased emergency coverage from an outside source to cover any unexpected emergency claims during this period.
It is your responsibility to ensure that any expected cost such as; maintenance drugs, health, dental, vision care, massage therapy or other benefits should not be purchased during the time of a legal strike or lockout.
Any unexpected emergency claims can be handled by filling out the prescribed Canadian Benefits Consulting Group form which we will make available once we have been locked out or declare a strike.
Members receiving Workers Compensation benefits
There are three different circumstances concerning the application of Provincial Workers Compensation, when dealing with work disruptions. Each case would have to be dealt with differently depending on the circumstances.
1) Someone that is total disabled at the time of the work disruption would continue to receive full benefits during a strike/lockout.
2) Someone that is in a gradual return to work plan would only receive the partial benefits they are receiving from the WSIB if the Company is not paying full wages.
3) Members that are accommodated with permanent restrictions and not receiving any wage loss benefits would not be entitled to have their benefits restored in the case of a strike/lockout unless it could be determined they are accommodated as such they would be competitively unemployable in the general labour market.
Members on EI
With regards to EI benefits; a person is disentitled to benefits as a result of a labour dispute with the exception of special benefits (sick, maternity, parental, compassionate care) unless they had begun making arrangements for the special benefits prior to the work stoppage.
Members on Weekly Indemnity Benefits (WIB)
Members currently on Weekly Indemnity Benefits (WIB) prior to the commencement of a work place disruption would continue to receive benefits.
During a strike or lock-out, members, who become injured or sick, will only commence receiving benefits once any work stoppage has ceased.
If employees have booked their annual vacation in advance of the strike, and if the vacation was approved by the Company, then the employees are entitled to their vacation even in the event of a strike providing they have started their AV prior to the work stoppage. If the work stoppage happens prior to your AV starting then you WILL NOT begin AV.
have any further questions regarding your benefits
or annual vacation during a time of Labour
disruption, please contact your Local Chair.
Your Bargaining Committee will keep you informed on any further developments.
General Chairman, LE West
General Chairman, CTY West
General Chairman, LE East
General Chairman, CTY East