Public Service Alliance of Canada BC

OTTAWA – The union representing about 5,000 workers at Parks Canada denounces the employer’s attempt at undermining contract negotiations when the Agency’s negotiators walked away from the table.

The union adds that the employer’s inflexibility on its meagre wage offer, on the elimination of pay zones and on closing the pay gap for Parks trade workers is a strong indication that the Agency is not taking negotiations seriously.

“After we reached impasse last February, the employer contacted us and asked us to return to the table because they said they were ready to respond seriously to our demands,” said the Public Service Alliance of Canada Regional Executive Vice-President for Atlantic, Jeannie Baldwin. “We came back to the table last week. After seven days of talks where they refused to budge from their positions, they walked away from bargaining and are now proposing mediation to which we don’t agree.”

Baldwin says in order for mediation to work, the two parties have to be close to an agreement, but this is not the case given that the employer refuses to deal with the major issues. “We want the employer to come back to the table and negotiate,” Baldwin says.

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Parks Canada contacted PSAC asking for a return to the bargaining table, stating that they are focused on negotiating the substantive issues of the bargaining unit. These issues include, but are not limited to, work of the bargaining unit presently being performed by persons outside the unit, seasonal and term employment, Parks Canada’s announcement that they intend to privatize and downsize, a wage package including No Zones, and a renegotiated WorkForce Adjustment Agreement.

After 23 days of negotiations it had become apparent to your Bargaining Team that the Agency would not address the important issues. Your Team broke off negotiations informing the Employer that the Team would begin the process of applying for Conciliation. Immediately the Agency claimed that your Bargaining Team walked away from the table before it had a chance to address the bargaining unit’s critical issues.

In an effort to secure the bargaining unit a fair and just collective agreement, your Team has agreed to return to the bargaining table to again offer the Employer the opportunity to negotiate the issues that are important to the bargaining unit. Your Team is cautiously hopeful that Parks Canada Agency intends to negotiate in good faith and to address the bargaining unit’s major concerns. The return to the bargaining table will not change your Bargaining Team’s decision to apply for Conciliation or any other actions that are necessary to move the Employer to deal with the critical issues.

Your Bargaining Team is determined to achieve a new collective agreement with the Agency. To find out how you can show your support for your Bargaining Team, contact your Local Union Executive, or any of the Regional Offices.

Your Bargaining Team was disappointed, in this week of negotiations, by the employer’s lack of understanding of the need to have meaningful negotiation on the priority issues. It is clear that the employer is not ready or willing to negotiate a collective agreement after their statement that all demands carry equal weight in terms of importance.

Your Team was also frustrated as the employer continuously focused on grammatical changes instead of the key issues such as:

* Seasonal and term employment
* No contracting out
* Wages
* The return to the National Joint Council
* No Zones
* Misuse of student program

The Bargaining Team unanimously agreed that it is left with no choice but to apply for conciliation to get the process back on track, with the goal of achieving a fair and just collective agreement that addresses all of the bargaining unit’s priority issues.

For more information on Parks collective bargaining and to find out how you can participate in mobilization activities, please contact your Bargaining Team member, your local executive, or the PSAC local regional office, or visit our website.

We’ll be sure to update as things progress.

The Issues: Quality jobs, quality public service

Parks Canada Agency’s mandate is to protect and present nationally significant examples of Canada’s natural and cultural heritage on behalf of all Canadians. The Agency meets this mandate through the work of PSAC members. Parks workers are committed to preserving an important part of Canada’s heritage and to keeping visitors to national parks, canals and historic sites safe and well informed.

However, many of our jobs have been or are under threat of being contracted out. The quality of our jobs is deteriorating as the Employer takes advantage of our most vulnerable members: the term and seasonal work-ers. The work of our members is a valuable public service to Canadians. To defend the quality of this service means to defend the quality of our jobs.

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Parks Canada Agency puts up wall at bargaining, union ready to tear it down

From January 28 to February 1, 2008, your bargaining team faced an inflexible Employer across the table as the last of our demands were tabled. Important issues, such as “no contracting out,” the elimination of pay zones and pay increases, among others, either got a “No” from the Employer or a “We’ll get back to you on that in the next round.”

• Sign up for BC Parks Negotiations email bulletins

Your team was also encouraged and felt they had the members’ full support as it heard reports of the success of the plantgating by members across the country. The flyer on the “Student Hiring” issue elicited a response from the Employer entitled “Setting the Record Straight.” Our members, however, were not fooled by the so-called “facts” that the Employer claims, knowing full well that what we experience in the field and what we hear them say at the negotiating table fully contradict what they say in this paper. Our members know that the Employer is hiring students as flexible and cheap labour to do bargaining unit work.

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The Parks Agency was caught bargaining in bad faith last week, giving an example of their arrogance and lack of respect toward the bargaining process.

On Tuesday, October 23, near the end of the day, the Employer approached one of your bargaining-team members and began to talk about setting up private discussions the following week about changing the terms and conditions of employment for some canal workers, a discussion that would take place away from the bargaining table. The bargaining team member reported the incident to the rest of the team in caucus. On Thursday morning, the negotiator raised the issue at the bargaining table with the Employer, stating that this was a clear text-book case of bargaining in bad faith.
However, as it is the mandate of your bargaining team to reach a fair and just agreement with the Employer, we intend to continue negotiating in spite of the Employer’s complete lack of respect for your right to be represented by your union, for your bargaining team, for your union, and for the bargaining process.

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Union Bargaining Team Brings Student Work Issue to the Table - PSAC bargaining team proposes union wages for students doing union work

In the workplace and by submitting contract demands, union members across the country have expressed concerns about Parks Canada practices regarding student employment at our worksites.

• Visit www.psacbc.com/parks-bulletins/ and enter your email address to automatically receive negotiation updates as they are issued.

In response to these concerns, and as an important part of PSAC’s Defending Quality Public Services campaign, this past spring your elected bargaining team submitted proposals in nego-tiations with Parks Canada concerning student workers.

Your bargaining team has taken the following positions at the bargaining table:

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First meetings held with Parks Canada

The first meetings with the employer for this round of negotiations took place on May 24 and 25. The first day, the union reviewed and explained its demands for the employer. On the second day, Parks Canada did the same. Both parties had an opportunity to ask questions and get clarification about each other’s demands.

• Keep up to date with Parks Canada Agency bargaining: visit this page and sign up for the BC regional Parks Negotiations updates!

Negotiations will continue at the next set of negotiations that are scheduled to take place from June 18-22. An update on the progress of bargaining will be published soon after these meetings.

Regional Mobilization Committee Meeting

PSAC/PCA Local representatives met in Richmond BC on May 9 to strategize around this round of negotiations. Specifically, the group discussed collective bargaining under the new Public Service Labour Relations Act; building our communication networks both inside and outside our Locals and mobilizing the membership during negotiations and at an impasse. Lastly, we discussed how we will assess our effectiveness as a committee.
The participants at this important meeting were: Amandeep Johal, Jon Barss, Dawn Kelly, Alistair Crawford, Lonnie Young, Steve Houston, Lise Edwards, Jeanne Freer, Blandine Baritaud and Mas Matsushita. The meeting was chaired by both Dave Jackson and James Little from the PSAC Victoria Regional Office.

This round of bargaining with the Parks Canada Agency began in the summer of 2006, with a call to Local members for bargaining input. A comprehensive Program of Demands package was sent to all Local Executives. The bargaining input you forwarded to your Component was reviewed, reduced to wage demands and 30 non-wage proposals and sent to the union’s national bargaining conference held in February. At this conference, members elected your negotiating team and debated and decided upon the bargaining proposals that would be presented to the Agency.  The proposals from both sides were exchanged electronically on May 3, 2007.  Your collective agreement expires on August 4, 2007.

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Keep up to date with Parks Canada Agency bargaining: visit this page and sign up for the BC regional Parks Negotiations updates! Update #1 is scheduled to go out next week!

OTTAWA, May 10 /CNW Telbec/ - An Appeals Officer has ordered Parks Canada to protect its park wardens who are responsible for law enforcement in Canada’s national parks.

The Public Service Alliance of Canada (PSAC), the union representing the park wardens, has been fighting this issue since June 2000, when Douglas Martin, one of the wardens, filed a complaint that he was being placed in situations of potential danger on the job without the necessary protective equipment.

“The ruling from Appeals Officer Douglas Malanka has confirmed the original direction from the health and safety officer who investigated the complaint,” says PSAC National Executive Vice-President Patty Ducharme. “Malanka has ordered Parks Canada, after seven years of delay, to finally correct the situation and to protect the wardens from danger.”

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This round of bargaining with the Parks Canada Agency began in the summer of 2006, with a call to Local members for bargaining input. A comprehensive Program of Demands package was sent to all Local Executives. The bargaining input you forwarded to your Component was reviewed, reduced to wage demands and 30 non-wage proposals and sent to the union’s national bargaining conference held in February. At this conference, members elected your negotiating team and debated and decided upon the bargaining proposals that would be presented to the Agency.

The demands are a result of broad-based input and debate by members and we thank you for your participation in the process.

Read more and download the demands package at the national website.

The delegates to the National Bargaining Conference (NBC) represent over 95,000 workers at Treasury Board and Parks Canada. They were elected and/or selcted from amongst those attending Regional Bargaining Conferences held late last year in Montreal and Vancouver.

Hundreds of members from the PA (Table 1), SV (Table 2), TC (Table 3), EB (Table 5) and FB bargaining units throughout Canada submitted bargaining proposals to their Locals. Following a review by the Components, these proposals were sorted by bargaining unit for analysis by the National Bargaining Conference TB delegates.

One of the final steps in preparation towards the next round of bargaining with the government of Canada, the National Bargaining Conference for Treasury Board and Parks Canada units will start next Thursday, February 1, in Ottawa.

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As soon as the Western Regional Bargaining Conference came to an end in Vancouver on December 3, the PSAC began to focus its efforts on the National Conference to be held in Ottawa in February 2007.

Much like their sisters and brothers had done in Montreal in November, some 175 delegates gathered in Vancouver to discuss, on December 2 and 3, strategies that will guide the next round of bargaining affecting 90 000 members at Treasury Board and 5 000 members at Parks Canada. They were also given an overview of the impact of the PSLRA on the upcoming round.

Delegates from BC chosen at the Conference to represent members at the National Bargaining Conference:

• PA: Megan Adam, Virginia Vaillancourt, Sargy Chima, alternate
• SV: Randy Sanderson, Melvin Dureen, Gino Chicorelli, alternate
• EB: Gord Miller, Céline Bélanger
• TC: Darrell-Lee McKenzie, Peter Wills, Todd Genereux, alternate
• FB: Carolyn McGillivray, Alex Bishop, Sean McGovern, Karim Lawji, and Dan Sullivan alternate. (corrected)
• Parks Canada (Western Region): Kevin King, Omar Murray, Carrie Docken, Andre Paul, Patrick Harvey, Jeanne Freer, Lisbeth Edwards and Susan Kjartanson, alternates

More details and photos at the national website.

The PSAC has advised its Components with members in Treasury Board bargaining units and/or in the Parks Canada unit that November 30, 2006 is the deadline for providing proposals for bargaining demands for the next round of negotiations.

The union has also mailed a copy of a new Program of Demands document to each Local/Branch President in these bargaining units. It is also available on this web site. The document has been developed to facilitate the work of the Locals/Branches. It includes a general list of wage and non-wage bargaining demands for consideration.

• Download the Program of Demands documents at the national website.

Each Component will be sending an input call to its Locals/Branches giving them a deadline to provide their proposals. The Program of Demands document provides instructions about how to respond to this input call, as well as information about using the input forms and what makes a good bargaining demand.

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In response to some questions we’ve received lately, here is a brief overview of the changes to the Public Service Labour Relations Act (PSLRA) and the Public Service Employment Act (PSEA) under the Public Service Modernization Act along with links to the relevant sections of the legislation.

Click to jump to

• Grievances
• Alternate Dispute Resolution/Informal Conflict Management Systems (ICMS)
• Consultation and Co-development
• Essential Services
• Strikes
• Unfair Labour Practices
• Staffing

Click the ^ to follow a link to the relevant piece of legislation or website.

Labour Relations - Grievances (Part 2 of the PSLRA)

There are now three types of grievances: individual^, group^ and policy^. Individual grievances are much like the past; group grievances are filed by the Union and must relate to the interpretation or application of the collective agreement - but individuals sign onto a consent form, thereby allowing the issue to move forward more efficiently and giving a remedy to those individuals who sign on; policy grievances are union grievances that also must relate to the interpretation or application of the collective agreement - they are filed at the final level with PSAC approval as the bargaining agent [similar to the way section 99 references were processed]. Policy grievances are “new” because the Union can file a policy grievance whether an individual could also grieve the issue or not [the limitation that existed for section 99 references];

Issues relating to deployments will be grievable once the new Public Service Employment Act is in force. However, the only issue that can be referred to adjudication is whether the individual deployed had given consent to the deployment; this includes persons who are deployed as a result of a finding that he or she harassed and is deployed out of the work unit. The Adjudicator will be entitled to inquire into whether there actually was harassment as part of the consent issue;^

Adjudicators can award interest in cases of termination, demotion, suspension or financial penalty;^

Adjudicators can now interpret and apply the Canadian Human Rights Act, and they can award the damages set out in that Act for pain and suffering (maximum of $20,000) and punitive damages (maximum of $20,000);^

The Canadian Human Rights Commission must be given notice of any adjudication that deals with a human rights-related issue and it can intervene in the hearing;

Subject to general policies set by Treasury Board, each Department’s deputy head now has the direct statutory power to set standards of discipline and set penalties (including termination, suspension and demotion), to provide for termination or demotion for unsatisfactory performance or non-disciplinary reasons, or provide for the termination of employment of persons to whom an offer of employment is made as a result of a transfer of work outside the core public administration; and

In cases of termination or demotion for unsatisfactory performance, an adjudicator can now only rule on whether the deputy head’s decision relating to performance was “reasonable”.^

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Labour Relations - Alternate Dispute Resolution/Informal Conflict Management Systems (ICMS)

Deputy heads must, in consultation with the union, establish an information conflict management system;^

Minimum binding guidelines for all ICM Systems have been issued by Treasury Board and are available on its website;^

ICMS can apply to any workplace conflict but does not override the grievance process;

It is strictly voluntary and individuals have a right to have a union or other representative present;^

The Union must be notified if the subject-matter of the ICMS involves the interpretation or application of the collective agreement;^

Opting into ICMS will not prejudice time limits under the grievance process; they’ll start ticking again once you opt out of ICMS if it isn’t working.

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Labour Relations - Consultation and Co-development (Part 1, Division 3 of the PSLRA)

It’s now mandatory for each deputy head to establish a union-management consultation committee. This includes all Treasury Board departments and separate employers. For many workplaces, UMCC or similar committees are already in place and functioning;

Employers and/or deputy heads and bargaining agents may also engage in co-development; this means the identification of workplace problems and the development and analysis of solutions to those problems;

Co-development is a joint analysis and decision-making process that is much more involved than consultation and will generally take place at a higher / national level. Any initiative must have bargaining agent approval;

Many employer/department representatives don’t understand the distinction between co-development and consultation. They ask to “co-develop” issues such as overtime distribution agreements. This is not co-development; so when in doubt, call it consultation.

Neither of these processes can serve to circumvent the collective bargaining process, or take away rights under a collective agreement.

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Labour Relations - Essential Services (Part 1, Division 8 of the PSLRA)

There has been a change in the way essential services are defined – it now includes “facilities” and refers to “a segment of the public” as well as the general public;^

The bargaining agent and the employer must negotiate an “essential services agreement”;^

Each agreement will deal with three issues: (1) identify the services that are essential; (2) what level of essential service is being provided (i.e. EI or CPP cheques must go out every two weeks); and (3) how many employees are required to maintain that level of service;

(3) is a change from the current process. Under the old system, if a job description even involved a small percent of the essential service, the position was designated. Under the new law, if there are 100 jobs that involve duties deemed “essential”, but only about 25% of the job relates to these essential duties, then only 25 positions will be deemed “essential”. The persons who are in those positions will only do the essential duties for 100% of their time (and therefore will not perform the other 75% of the “normal” work). This leaves 75 employees who can exercise the right to strike. Under the old system, all 100 of these positions would have been designated regardless of how much of the job was essential;

The Union and Employer must negotiate issues (1) and (3). The employer unilaterally decides (2) – the level of service that must be provided; If we can’t agree on (1) and (3), the labour board will hold a hearing and render a decision.^

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Labour Relations - Strikes (Prohibitions regarding strike activity are covered under Part 1, Division 14 of the PSLRA)

The Union is now required to hold a strike vote among all employees in the bargaining unit – not just Union members;^

Excluded employees are not covered by this, but members who have been suspended or had their membership revoked are;

Every employee must be given a reasonable opportunity to vote and to be informed of the result of the vote;^

An employee can complain to the PSLRB that there was an irregularity in the vote; the PSLRB can dismiss the complaint outright if the irregularity could not have affected the outcome;^

The Union must initiate strike action within 60 days of the date the vote is held;

The timing of strikes must not only take into account this 60 day “window”, but is subject to a range of other requirements including a prohibition on strike activity until 30 clear days have elapsed since singing off on an essential services agreement;

There is a new prohibition that says that no person can impede or attempt to impede essential service workers from entering or leaving the workplace;

There are new fines for both the union and individual members relating to strike activity.

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Labour Relations - Unfair Labour Practices (Part 1, Division 12 of the PSLRA)

The PSLRA now says that a Union cannot expel, suspend, discipline, deny membership, or apply its rules, in a discriminatory manner; after having exhausted the appeals under the Union constitution(s), an individual may also file a complaint with the Board alleging a violation of this provision;^

The employer now has a right to “free speech” and does not commit an unfair labour practice where it offers an opinion as long as it doesn’t use intimidation, threats, coercion, promises or undue influence.^

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Staffing (Covered by the Public Service Employment Act)

There’s a new definition of merit that radically changes the basis for appointments;^

• The PSAC Education department has produced an “e-tutorial” that explains how staffing works under the PSMA.

Relative merit is gone, merit now only means that the person meets the essential qualifications of the position and has certain other “assets” that the department considers important for its current or future needs;

The Act actually says that it is not inconsistent with merit to only consider one person for a job;

The changes to the definition of merit have an impact on lay-offs since reverse order of merit no longer applies.

There are new rules that apply to how candidates are notified of job opportunities, selected and assessed;

The Act no longer favours appointments from within the public service so there will likely be an increase in open (“external”) appointment processes instead of closed (“internal”) appointment processes;

The power to appoint, and the decision on whether to even advertise a job opportunity, is to be delegated to the lowest possible management level;

Extensions to a term are no longer considered new appointments;

Appeals (and Public Service Commission Appeal Boards) are gone;

Complaints for internal selection processes can only be made, on limited grounds, to a new Public Service Staffing Tribunal;

The Tribunal has the power to interpret and apply the Canadian Human Rights Act in relation to a complaint;

The role of the Public Service Commission is, largely, to audit departments and how they administer the Act.

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To: Alliance Executive Committee, PSAC Components with T.B./Agency members, PSAC Regional Offices

From: Patty Ducharme and Gerry Halabecki, Collective Bargaining Committee Co-Chairs

Re: 2007 Round of TB/Agency Collective Bargaining

We write to inform you of the upcoming steps being taken in preparation for the next round of TB/Agency bargaining. A number of actions have been taken that affect all five Treasury Board bargaining units and the three major Agency units.

• The Collective Bargaining Committee of the National Board of Directors and the Alliance Executive Committee have been preparing a revised approach to the Program of Demands, input calls for bargaining demands, and a framework for the coming round of bargaining conferences.
• PSAC has developed a new collective bargaining course for members that will be delivered in the regions in the coming months. This course is intended to inform members on negotiations and how to organize to support the bargaining process. Information on course availability and other details will be available from the Regional Offices.
• Later this summer, Environics Research Group will be conducting a membership telephone survey among almost 5,000 PSAC members in the TB and Agency units. The information from this survey will be used to prepare for the upcoming round of bargaining.
• Our timelines are being scheduled so that we are in a position to be at the table prior to the expiry of the collective agreements.

We are beginning to receive inquires about the upcoming round of bargaining, and in particular, questions about the TB and Agency bargaining conferences. In order to address many of these questions, we felt it important to provide you with information about the decisions that have been made to date regarding Treasury Board and Agency negotiations.

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Collective Bargaining: How It Works And How To Make It Work!

We have a collective agreement but how did it come about? This 1 day course is for those who wonder about the “who”, “what”, “why”, “when”, “where” and “what” of the process. Who is at the bargaining table? Why does it take so long? What is conciliation? Why do we need to take a strike vote? What happens at the expiry date of our collective agreement? These questions and more will be answered during this short primer on collective bargaining. But more importantly, we will look at ways individual members can be involved, and things our union locals can do to increase membership interest and participation in collective bargaining.

Note that this course is geared towards members in the following bargaining units: Treasury Board, Agencies and other federal separate employers. Members in non-federal government bargaining units are encouraged to apply for the Bargaining From Strength: Strategies for Getting Better Collective Agreements course being offered at the Union School from November 17th-19th. Here are more details about the Union School. Click below for the course schedule.

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Important changes to the PSHCP!

This issue of the bulletin outlines important changes to the PSHCP that take effect April 1, 2006. These changes to the plan are the result of a two year collaborative effort between the Treasury Board Secretariat, Bargaining Agents and the Federal Superannuates National Association under the auspices of the National Joint Council.

The changes include

• the introduction of some brand new benefits,
• a number of upgrades,
• some changes to plan provisions to increase flexibility, and
• new contribution rates for pensioners.

Contents of the bulletin include

• Introducing new benefits
• Introducing benefit upgrades
• Introducing changes to plan provisions
• A few words on Pay Direct Drug Cards (PDDC)
• Questions and Answers

A copy will be mailed to all members covered by the plan, it is also available for download here .

OTTAWA — The National Joint Council is pleased to announce that an agreement on the Public Service Health Care Plan (PSHCP) has been reached between representatives of the bargaining agents of the National Joint Council, the Federal Superannuates National Association and the Treasury Board Secretariat. The Public Service Health Care Plan is an important program providing health care benefits and services to over 500,000 members and their dependants.

The agreement is the product of a collaborative process that began in 2004. The terms of the new five-year agreement will improve benefits and ensure that the PSHCP continues on a sound financial foundation for the future. The new terms of the PSHCP will come into effect April 1, 2006 and will mark the first major changes in benefits under the Plan in over a decade.

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