Representing 1,300 Manitoba Workers

Right to Choose Employer Upheld

CEP Local 7 has been successful at arbitration on the issue of a union member's right to choose their employer. In the summer of 2006, MTS management advised CEP members of the impending sale of MTS Media and told affected workers that under the collective agreement, they would have a number of choices they could exercise once the sale was finalized. Days before the sale was completed and Yellow Pages Group (YPG) became most of the affected workers' new employer, MTS reneged on the offer to permit them to bump back into MTS or to take a Voluntary Retirement Incentive Program (VRIP)/Voluntary Termination Incentive Program (VTIP).

CEP Local 7 filed a grievance on behalf of all former employees of MTS Media, including those who were provided with a severance package from YPG after the sale. The matter was heard before the arbitrator, Mr. Peltz, on an expedited basis, on December 11 and 12. His interim award was issued on January 19.

In his decision, Mr. Peltz stated "By virtue of the sale, the employees did not become employed by YPG. As submitted by the union, the employees were entitled to elect between their collective agreement rights against MTS (if any) and accepting employment with YPG."

As a result of this decision, Local 7 is going back into discussions with MTS about the next step which, in the union's view, involves sorting out bumping rights and VR/TIP opportunities. Obviously, the choice of remaining in the employment of YPG exists as an option but clearly, the arbitrator has determined that the choice lies with each individual and that the sale of MTS Media did not include a "sale" of the employees who have made the business successful.

It is possible that the union will be faced with additional legal challenges as a result of this grievance and if that happens, members will be kept informed. However, Local 7's intention at this point is to move as quickly as possible to ensure that those who wish to exercise options, such as bumping or accepting a severance package, can finally make that happen.

This information has also been mailed out to those YPG members terminated by YPG and has been handed out in the workplace to all current YPG members. For further information, please contact Diane Shaver at the CEP Local 7 office, 988-1408.