EPLP Presentation for September 29, 2015 Board · 2015. 9. 30. · EPLP Presentation for September...
Transcript of EPLP Presentation for September 29, 2015 Board · 2015. 9. 30. · EPLP Presentation for September...
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Board of Education September 29, 2015
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Employment Practices Liability Program
� The Program is modeled after the School Protection Program (SPP)
� A litigation pool with a coverage agreement to determine access to the pool
� BCPSEA will administer the Program and provide services directly to school districts on behalf of the SPP and the Ministry of Education
� Effective July 1, 2015
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Coverage � The coverage agreement is designed to protect the school districts from legal expenses arising from losses in four different areas: � Employment Practices Wrongful Acts� Grievance Management� Exempt Employee Litigation � Legal Action (initiated by BCPSEA)
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Coverage – Employment Practices Wrongful Acts� Wrongful termination of employment� Harassment� Discrimination� Violation of Human Rights Statutes� Wrongful deprivation of career opportunity (failure to promote)
� Invasion of privacy, employment related defamation� Failure to create, apply or enforce employment related policies or procedures at work
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Coverage – Grievance Management� Defense costs arising from any grievance where the district has provided written notice to BCPSEA of � The step in the process immediately preceding referral to arbitration
� Or the actual referral to arbitration if the matter proceeds directly to arbitration
� For all employees subject to a collective agreement� Legal services to manage provincial or local grievances
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Coverage – Exempt Employee Litigation� Covers any civil action pertaining to the terms and conditions of employment with any school district by any employee who is not governed by a collective agreement
� Does not include wrongful dismissal of employment
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Legal Action� Program covers legal costs related to any grievance once BCPSEA or a District initiates written notice of� The step in the process immediately preceding referral to arbitration
� Or the actual referral to arbitration if the matter proceeds directly to arbitration
� Legal costs for any civil action or Labour Relation Board application filed by BCPSEA in response to actions or inactions by a bargaining unit which threatens management rights
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District submits web form, litigation anticipated
(trigger event)
District Liaison Activity
BCPSEA district liaison triages activity (e.g. urgent)
General Counsel manages and coordinates human rights, excluded litigation and all outside legal advice
Litigation Activity
Litigation proceeds
Employment Practices Liability Program Labour Relations Process
for Human Rights and Excluded Litigation
* This can occur anytime through the current BCPSEA / School District Labour Relations Process
Resolve or decision
As per current practice, email/phone from school district to district liaison*
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District submits web form, grievance anticipated
(trigger event)
District Liaison Activity
Employment Practices Liability Program Labour Relations Process
for Grievances and Arbitrations
General Counsel manages and coordinates referrals to arbitrations and
all outside legal adviceLitigation Activity
District liaison assists school district
Grievance withdrawn or arbitration settled
Arbitration proceeds; district liaison may/may not attend hearing; General Counsel attends
provincially significant arbitrations
Grievance not resolved, referred to arbitration
Grievance identified to
require legal advice
Grievance resolved in grievance procedure
Decision
* This can occur anytime through the current BCPSEA / School District Labour Relations Process
BCPSEA district liaison triages activity (e.g. urgent, not urgent)
As per current practice, email/phone from district to district
liaison*
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Proposed Work Flow -‐ Grievance � District continues normal work with their employees prior to any legal issue or grievance arising -‐ this may include accessing legal services for advice
� Districts in consultation with BCPSEA (as is current practice) are in charge of their own labour relations
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Proposed Work Flow -‐ Grievance
� When a step 3 is advanced, an incident form is submitted online similar to the SPP form
� The incident form reserves rights to coverage under the Program
� Contact BCPSEA if labour relations assistance is needed (as is current practice) -‐ BCPSEA will coordinate the claim through the Program
� Work through the process to conclusion
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Benefits � Co-‐ordinated approach to manage employment-‐related litigation matters and arbitrations
� Enhanced support for all districts to see through collective agreement issues on principle that would set precedent
� All arbitration covered –provincially significant, as well as those not deemedprovincially significant
� Savings to system through aggregation of experience / knowledge and reduced rates
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Benefits� Develop a knowledge base
and inventory of labour and employment matters, including legal opinions
� Continued development of a sector expertise lawyer pool
� Labour costs shared and actuarially determined
� Improved predictability when budgeting cost for dealing with employment practices for the long term
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Financial Impact on Districts� No cost for 2015/2016� Expect reduced legal fees -‐ $40,000 put into admin savings plan
� Future premiums� Based on covered losses and administrative costs� Factors
� Size of District� Number of collective agreements, employees or students� Historical cost of labour litigation� Number of losses reported
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Program Exclusions – losses arising from� Fraudulent, criminal, malicious and dishonest acts� An occurrence prior to July 1, 2015� Any actual or alleged failure or refusal of a district to:
� Collect and pay employee benefit contributions� Pay any form of remuneration
� Punitive or other damages, fines, taxes or penalties� Provincial Government initiatives, policies, practices or legislation which result in grievances between parties to collective agreements
� Legal costs or defense costs incurred by BCPSEA relating to collective bargaining