Canadian Union of Public Employees

Canadian Union of Public Employees

Founded	1963
Members	700,000 (October 2017)
Affiliations	CLC, ITF, PSI
Website	cupe.ca

The Canadian Union of Public Employees (CUPE, French: Syndicat canadien de la fonction publique) is a Canadian trade union serving the public sector – although it has in recent years organized workplaces in the non-profit and para-public sector as well. CUPE is the largest union in Canada, representing some 700,000 workers in health care, education, municipalities, libraries, universities, social services, public utilities, transportation, emergency services and airlines. Over 60% of CUPE's members are women, and almost a third are part-time workers. CUPE is affiliated with the Canadian Labour Congress and is its greatest financial contributor.

History

CUPE was formed in 1963 in a fashion resembling industrial unionism by merging the National Union of Public Employees (NUPE) and the National Union of Public Service Employees (NUPSE). The first national president was Stan Little, who had previously been the president of NUPSE. Having led public sector unionism through a period where almost no workers had the right to strike, Little has been credited with bringing public sector unions "from collective begging to collective bargaining." By the time of Little's retirement, CUPE had already grown to 210,000 members and had eclipsed United Steelworkers as the largest affiliate to the Canadian Labour Congress.

Little was followed in 1975 by Grace Hartman, a feminist activist who was the first woman to lead a major labour union in North America. Hartman led CUPE to involve itself in broader struggles for social justice and equality, and emphasized the role of social unionism, as opposed to the more conservative business unionism practised by many North American unions. She was arrested for leading Ontario hospital workers in defying a back-to-work order from the Ontario Supreme Court in 1981 and sentenced to 45 days in jail. She retired in 1983.

Hartman's successor as president was Jeff Rose, a Toronto city worker. Rose's time as the defining face of CUPE was marked by membership growth from 294,000 to 407,000 members (largely through organizing), a strengthening of CUPE's infrastructure and rank-and-file skills, and his outspoken opposition to Brian Mulroney-era wage restraint, free trade, the GST, privatization, deregulation, and cuts to public services. Under Rose's leadership, CUPE was particularly effective in improving pay and working conditions for women. He stepped down in 1991 after eight years, becoming deputy minister of intergovernmental affairs for the Ontario NDP government.

In 1991, Judy Darcy followed Rose and became the defining face of CUPE. One of Canada's most visible and colourful labour leaders, Darcy was a vigorous opponent of privatization, two-tier health care, and free trade agreements. Darcy was firmly committed to the union's involvement in broader social issues, and under her tenure CUPE strongly attacked the invasion of Iraq, condemned Canada's involvement in ballistic missile defense, and spoke out loudly in favour of same-sex marriage. Darcy stepped down in 2003 after 12 years as president, and was replaced by Paul Moist.

Internal organization

CUPE has an extremely decentralized structure, in which each local elects its own executive, sets its own dues structure, conducts its own bargaining and strike votes, and sends delegates to division and national conventions to form overarching policy. Advocates of this system claim that it places the power in the grassroots where it belongs; critics believe that it makes it difficult for it to organize concerted action and leaves the union highly balkanized with policies and strategies varying widely from local to local and sector to sector. This decentralized structure is often described as "CUPE's greatest strength and its greatest weakness." This political decentralization is mirrored by an organizational decentralization. Although CUPE has a national headquarters in Ottawa, it is relatively small—the vast majority of its staff are scattered across over 70 offices across the country.

CUPE locals are affiliated directly to the National body, and affiliation in Provincial CUPE bodies is optional. CUPE National provides locals with support and assistance through National Representatives, who are employees of CUPE National. National Representatives are assigned to specific locals to assist the democratically elected officers of CUPE locals in various aspects of the operation and functioning of the local union. They primarily assist in more complex issues, such as conducting Grievance Arbitrations, bargaining, disability/accommodation issues, human rights, preparation of legal documents, local elections and education. National Representatives also have authority to place a CUPE local under administration, pursuant to the CUPE Constitution, which effectively means that the Representative runs the local for a brief period of time in an extraordinary circumstance and suspends the locally elected officers, usually only in very serious cases of fraud or gross incompetence or misconduct. In addition to servicing National Representatives, CUPE National employs Research Representatives and Legal & Legislative Representatives, who provide research and legal support to locals through their servicing representatives.

Nationally there are two full-time political positions—the National President (currently Mark Hancock), and the National Secretary-Treasurer (currently Charles Fleury).

Financials

The Canadian Union of Public Employees (CUPE) is an extremely privileged and financially rich Canadian Union.

2019 Financials

Total Assets - $428,027,648

Total Donations - $55,672

CUPE Salary Schedules

Year 2018

2018 Canadian Union Of Public Employees CUPE salary schedule covering exempt non-union staff.

Note: These CUPE salaries do not include expenses, benefits, travel, gifts, bonuses, etc.

National President $170,373

National Secretary-Treasurer $164,089

Managing Director of Human Resources $134,595

Director of Labour Relations $124,012

Senior Labour Relations Officer, Senior Advisor, Occupational Health and Safety $102,546

PIus 7% over the rate for bilingualism January 2017 rate of pay.

2018 salaries were over budget by $397,000

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2018 Canadian Union Of Public Employees salary schedule for unionized employees and the Union which represents them.

Note: These CUPE salaries do not include expenses, benefits, travel, etc. That information must be located in the Unions collective agreement with the Canadian Union Of Public Employees CUPE.

Canadian Directors Union CDU/SCD (The Canadian Directors Union CDU/SCD is an unknown organization)

Canadian Union Of Public Employee (CUPE) Staff Represented by CDU/SCD

Regional Director $124,012

National Director $120,532

Assistant Regional Director, Assistant National Director $115,899

PIus 7% over the rate for bilingualism January 2017 rate of pay.

2018 CUPE National Directors and Representatives salaries were over budget by $173,000

CEU (The CEU is an unknown organization)

Canadian Union Of Public Employee (CUPE) Staff Represented by CEU

Managing Director $134,595

Executive Assistant $132,976

Administrative Officer $102,546

Administrative Assistant (NPO, NSTO and HER) $71,097

Canadian Staff Union/Syndicat Canadien du Personnel (CSU/CDP) National Office Component NOC

Canadian Union Of Public Employee (CUPE) Staff Represented by CEU/CDP NOC

National Coordinator $114,506

Senior Economist $108,582

Senior Officer $102,546

Administrative Officer, Accountant $101,456

Assistant Accountant, Systems Analyst. Systems Support Specialist $91,907 93,185

PIus 7% over the rate for bilingualism January 2017 rate of pay.

Canadian Staff Union/Syndicat Canadien du Personnel (CSU/CDP) Local 1 - British Columbia

Canadian Union Of Public Employee (CUPE) Staff Represented by CSU Local 1 - BC

Representative $102,546

PIus 7% over the rate for bilingualism January 2017 rate of pay.

Canadian Staff Union/Syndicat Canadien du Personnel (CSU/CDP) CSU Local 1 - Newfoundland

Canadian Union Of Public Employee (CUPE) Staff Represented by CSU Local 1 - Newfoundland

Representative $102,546

PIus 7% over the rate for bilingualism January 2017 rate of pay.

The Canadian Staff Union/Syndicat Canadien du Personnel (CSU/CDP) registered address is 1375 St-Laurent Blvd. Ottawa, Ontario Canada K1G 0Z7.That’s the registered address of the Canadian Union Of Public Employees National office.

Unity and Solidarity, Strength and Determination Union/Syndicat (UNIFOR) Local 2013

Canadian Union Of Public Employee (CUPE) Staff Represented by UNIFOR Local 2013

Representative, Administrative Officer $102,550

Plus 7% over the rate for bilingualism January 2017 rate of pay.

Unity and Solidarity, Strength and Determination Union/Syndicat (UNIFOR) Local 2023

Canadian Union Of Public Employee (CUPE) Staff Represented by UNIFOR Local 2023

Administrative Assistant $71,100

Information Clerk I $66880

Bookkeeper II $65,892

Information Clerk II $65,494

Secretary (one clerical office) $65,161

Secretary $64,107

Clerk-Typist, Receptionist/Clerk-Typist, Machine Operator $62,046

Part-Time Secretary (one clerical office) (hourly rate) $41.77

Part-Time Secretary (hourly rate) $41.09

Part-Time Clerk-Typist (hourly rate) $39.77

PIus 7% over the rate for bilingualism January 2017 rate of pay.

The Canadian Office and Professional Employees Union (COPE/SEPB) Local 491

Canadian Union Of Public Employee (CUPE) Staff Represented by COPE/SEPB Local 491

Fleet Manager $103,484

Regional Administrative Officer $103,484

Administrative Assistant, Research Assistant, Technology Assistant, Job Evaluation Assistant, Health and Safety Assistant, Legal Analyst, Wage and Salary Analyst, Senior Collective Agreement Analyst $71,097

Bookkeeper I $68,365

Facilities Coordinator $69,107

Executive Secretary, Senior Secretary, Technology Analyst, Collective Agreement Analyst, Information Clerk I $66,878

Personnel Clerk, Bookkeeper II $65,690

Information Clerk Il $65,492

Secretary (one clerical office) $65,159

Purchasing and Receiving Clerk $65,071

Secretary $64,104

Statistical Clerk Typist $63,093

Clerk-Typist, Receptionist/Clerk-Typist, Receptionist, Machine Operator, Maintenance Stockroom Clerk $62,044

Part-Time Secretary (one clerical office) (hourly rate) $41.77

Part-Time Secretary (hourly rate) $41.09

Part-Time Clerk-Typist (hourly rate) $39.77

PIus 7% over the rate for bilingualism January 2017 rate of pay.

Service Employees International Union (SEIU) Local 2 BGPWU

Canadian Union Of Public Employee (CUPE) Staff Represented by SEIU Local 2 BGPWU

Cleaner (hourly rate) $20.61

PIus 7% over the rate for bilingualism January 2017 rate of pay.

Provincial divisions

CUPE divisions are the political voice of members in their respective provinces, and an integral part of CUPE. Chartered through the national union, each division advocates and campaigns at the provincial level for legislative, policy and political change in the interests of CUPE members and the communities they serve. Each provincial division is led by a democratically elected president, secretary-treasurer and executive board, who are directed by members at annual conventions (biennial in Quebec). Provincial organizations do not provide any servicing or support to the locals on specific operational items, focusing primarily on provincial lobbying, policy development and union education.

Controversy

In 2015 Mark Hancock’s friend and fellow unionist, Charles Fleury (Secretary-Treasurer CUPE National), aided in the contracting out of IT bargaining unit work at the CUPE National office in Ontario. A direct violation of the collective agreement between CUPE National (employer) and the Canadian Staff Union (union).

Mark Hancock, though five years have passed, has not come forward to explain Charles Fleury’s decision to go against the anti-contracting out beliefs of the Canadian Union Of Public Employees (CUPE).

Internal labour relations

CUPE's employees have organized into two main bargaining units. The Canadian Staff Union (CSU) is the larger of the groups. It represents National Representatives and specialist staff in Area and Region Offices across the 10 Regions of CUPE. In 2008 CSU absorbed the Administrative and Technical Staff Union which represented about 60 administrative and technical staff at the Ottawa National Office. The Canadian Office and Professional Employees union (COPE) Local 491 represents support staff workers in the National, regional and area offices of CUPE. Additionally, a handful of CUPE Locals have dedicated CUPE staff working in their own offices.

The Court And The Canadian Union Of Public Employees

2019

The recent case of Calgary (City) v Canadian Union of Public Employees Local 37, 2019 ABCA 388 from the Alberta Court of Appeal marks an important decision on sexual misconduct in the workplace.

The City of Calgary (the “City”) terminated the grievor after investigating a complaint that the grievor had grabbed and squeezed the complainant’s breast without her consent. The City determined that the allegation was substantiated and the grievor’s conduct constituted a serious breach of its Respectful Workplace Policy and therefore terminated the grievor. CUPE* grieved the termination, which proceeded to arbitration. * The Canadian Union of Public Employees claim they won’t stand for violence against women.

The grievance ended up in arbitration and for some reason the arbitrotor ruled in the grievors favour.

The City applied for judicial review of the arbitrator’s decision to the Alberta Court of Queen’s Bench; the reviewing judge upheld the arbitrator’s decision. The City then appealed to the Alberta Court of Appeal. The majority of Court of Appeal allowed the appeal and sent the matter to be re-heard before a new arbitrator.

Ultimately, the Court determined that, having found the assault occurred as alleged it was unreasonable for the arbitrator to conclude that the decision to dismiss the grievor was excessive given the circumstances of the case.

In coming to this conclusion, the majority engaged in an extensive discussion regarding sexual harassment in the workplace. The majority held that sexual harassment with a physical element is a form of sexual assault and constitutes “sexual harassment in its most serious form”. The majority of the court of Appeal concluded that this was most certainly the case with the misconduct at hand. The arbitrator’s failure to find that the grievor’s conduct constituted sexual assault and therefore the most serious sexual harassment, as well as the use of minimizing language (e.g. “personal assault” or “incident”) represented errors that undermined the decision.

2003

City of Toronto v. Canadian Union of Public Employees, Local 79

The case involved the grievance of CUPE Local 79 member Glenn Oliver, a Recreationalist with 26 years’ seniority at Toronto’s Parks Department. Oliver was arrested, charged and convicted with sexual assault of a minor following a complaint by a minor and a participant in Oliver’s drama programs.

Following Glenn Olivers conviction for sexual assault of a minor The City of Toronto terminated Glenn Olivers employment. An arbitrator reinstated CUPE Local 79 member Glenn Oliver. That award was then quashed by the Divisional Court, which characterized the Canadian Union of Public Employees attempt to grieve the dismissal as a collateral attack on a valid judgment. The Divisional Court’s decision was upheld by the Ontario Court of Appeal.

In this case the Canadian Union of Public Employees was attempting to relitigate a criminal conviction of sexual assault of a minor.

National Presidents

• Stan Little 1963–1975
• Grace Hartman 1975–1983
• Jeff Rose 1983–1991
• Judy Darcy 1991–2003
• Paul Moist 2003–2015
• Mark Hancock 2015–present

Archives

There is a Canadian Union of Public Employees fond at Library and Archives Canada. The archival reference number is R5440, former archival reference number MG28-I234. The fond covers the date range 1919 to 2009. It contains 105.46 meters of textual records, along with a number of other media records.

External links

• Official website
• Canadian Union of Public Employees – Web Archive created by the University of Toronto Libraries