PSAC will go to arbitration over a Treasury Board directive to managers aimed at silencing the union’s pension campaign.

• Did your employer take down PSAC petitions or otherwise interfere in the pension campaign? Let us know.

The Feb. 26, 2010 directive told managers:

• all requests to post petition sheets should be denied;
• all requests to distribute petitions via the Employer’s electronic networks should be denied;
• other than the actual petition, requests to post literature, such as general information on pensions, should not be unreasonably denied;
• the wearing of stickers should be permitted as long as the employee is not directly serving the public;
• the placing of stickers on the Employer’s property or equipment should not be permitted.

On March 10, 2010 the PSAC filed a policy grievance against the directive.

Continue reading at the national website.

source: Lancaster House

In a decision that establishes important new precedents, Arbitrator Owen Shime has awarded damages totaling more than $500,000 to a long-serving employee who was fired while recuperating from surgery. In a scathing 136-page decision, Arbitrator Shime found that the grievor was “an honest and diligent employee” who “at no time malingered or attempted to wrongfully obtain sick benefits” and that the employer’s conduct was “so egregious that I determine it acted in bad faith.”

• Read more at lawnewstimes.com
• Read the full text of the decision: Public Service Alliance of Canada, Local 0004 v. Greater Toronto Airports Authority

In addition to awarding the grievor damages of $50,000 a year for lost income for the period that had elapsed since her discharge, Shime awarded damages for loss of future earnings until retirement, since the employer had destroyed the relationship of trust to an extent that precluded reinstatement. In this regard, Shime broke new ground by adopting the doctrine that, in his words, there is an “obligation on the employer not to conduct itself, without reasonable and proper cause, in a manner calculated and likely to destroy or seriously damage the relationship of trust and confidence between employer and employee.”

Shime also awarded $50,000 in damages for mental distress, as well as an equal amount in punitive damages. The total award of damages for past and future loss of income, mental distress and extended physical pain, and punitive damages amounted to more than $500,000.

Union Activity in the Workplace:  Know Your Rights

As a PSAC member you have the right to promote and build your union in the workplace. You also have the right to be kept informed on the employer’s premises during non-work time, before or after your shift and during paid or unpaid breaks and lunch periods. This is the law.

You have the right to:

Read union literature. You can also sign petitions and share information about the union’s campaigns during non-working time. Talk to co-workers about the union at work as you would any other subject – help keep everyone informed about PSAC activities.

Hand out leaflets before and after work. You can distribute materials outside or inside the workplace to connect with members. Even if the entrance is in a commercial area, you have a legal right to engage in this activity. The employer is prohibited from interfering with these lawful union activities.

Desk drops. Participate in “desk drops” at members’ work stations. You are absolutely allowed to distribute publications that reflect the union’s perspective on workplace issues, as long as the information is accurate and non-defamatory. This is a great way to invite members to information sessions, provide updates on union business and recruit new volunteers.

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Finally the program is open. For those who are new in applying for a PSAC scholarship – greetings! And for those who have applied before – welcome back!

We have made significant changes to the program this year:

• there is a new deadline – June 30, 2010
• there are more awards for PSAC members who are returning to school
• and there is new way of applying – directly on-line

This year’s scholarship question is a little different – contact your nearest RO for some assistance getting in touch with a PSAC steward, look for one in your workplace, or consider becoming one yourself.

Union stewards are the front-line heroes of the labour movement. In addition to their regular jobs, they also volunteer to represent their union in the workplace. They help members file grievances, they sit on union-management committees, and they share information about PSAC’s campaigns and actions in the workplace.

PSAC will be spending the next year highlighting the amazing – and often unrecognized – work that union stewards do every day.

Applicants to the PSAC Scholarship Program are asked to

• Find a PSAC union steward (call the regional office nearest to you for some suggestions).
• Interview a steward about the work they do.
• Write a profile of no more than 750 words, highlighting the steward’s achievements and the import role they play in the workplace and within PSAC

For more information, and to apply online, visit the national website.

The Public Service Labour Relations Act (PSLRA) allows adjudicators to interpret and apply the Canadian Human Rights Act (CHRA) and can give a damages award for pain and suffering or punitive damages, each being no more than $20,000. Public Service Labour Relations Board adjudicators did just that in two recent cases.

The 1st case involved a Canada Revenue Agency employee who was diagnosed with fibromyalgia. She filed a grievance which stated that the employer had failed to provide adequate and timely accommodation of her disability. The adjudicator allowed the grievance and ordered the employer to pay $6,000 for pain and suffering as per section 53-2(e) of the CHRA. Read the full decision at pslrb-crtfp.gc.ca.

The 2nd case involved a National Defense employee who was terminated by the employer due to his inability to attend work for medical reasons. The adjudicator allowed the grievance on two grounds. The first was that the termination was invalid because it was based on confidential information obtained during mediation. The second was that the respondent had not fulfilled its duty to accommodate the grievor. The employee was reinstated as of the date of termination. In addition, the adjudicator ordered the employer to pay $9,000 for pain and suffering and $8,000 as additional compensation (sections 228-2 of PSLRA and 53-3 of CHRA). The employer was also ordered to pay 4.32% interest on both of these monetary amounts as per section 226-1(i) of the PSLRA. Read the full decision at pslrb-crtfp.gc.ca.

Here’s an interesting article relating to workplace bullying which was posted in the Toronto Star last November. The reporter is Janis Foord Kirk.

Getting stepped on at work

“She loved the work at first, ” a worried husband confides. “But now she drags herself in every day. A couple of people who’ve worked there for years seem to have it in for her. I can’t believe some of their antics. “Is this workplace bullying?” he asks. “And if it is, what can she do about it?”

Bullying is one of the fastest-growing complaints of workplace violence, according to the International Labour Office. It runs the gamut from extreme violence, even murder, to intimidation and snide remarks.

The psychological harassment of a co-worker tends to fall into the latter category. And when two or more people join forces to lie, gossip, criticize and socially isolate a specific employee, the ILO says, it’s called “mobbing” or “ganging up.”

Valerie Cade is a workplace bully expert based in Calgary who consults internationally on the issue. “It’s important to distinguish between workplace bullying and difficult behaviours, ” she cautions. “Bullying is deliberate, disrespectful, repeated malicious behaviour. Bullies really do know what they’re doing. This is the difference. A difficult person is just grouchy and steps on other boundaries in order to get their own needs met. But a bully will actually calculate how to embarrass and demean someone else.

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2010 Olympics – Is Your Employer Ready?

The following information is not meant to replace the discussions which should be taking place at your workplace regarding the Employer’s state of readiness. Specifically, how will employees be treated if they are unable to access their place of work due to the 2010 Olympics.

Most collective agreements covering PSAC members contain a provision similar, if not identical, to the following:

At its discretion, the employer may grant:

(a) leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty; such leave shall not be unreasonably withheld;

The following principles outline what we have learned from arbitrators’ decisions on the many grievances on denial of “special leave”.

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updated Nov 20th with the Victoria Airport flowchart!

Grievance time lines are one of the most important elements of problem solving. If we miss the initial filing of a grievance or the transmittal of grievances between levels we shortchange one or more of our members. In order to avoid this happening we have updated and posted several grievance time line flowcharts, more will follow for other bargaining units.

• Purolator Courier grievance flowchart (pdf)
• CRA grievance flowchart (pdf)
• CFIA grievance flowchart (pdf)
• Canada Post grievance flowchart (pdf)
• YVR grievance flowchart (pdf)
• Treasury Board grievance flowchart (pdf)
• Stats Canada grievance flowchart (pdf)
• YYJ grievance flowchart (pdf)

It is an accepted principle, enshrined in law, that the “duty of fair representation” relates to representation in matters or disputes covered by the Public Service Labour Relations Act (PSLRA) or a collective agreement. Does it also cover services offered voluntarily by a union in relations to claims before workers’ compensation tribunals, disciplinary matters before professional organizations, claims relating to the Canada Pension Plan, matters before transportation tribunals, actions before courts of law etc.?

Read the following PSLRB decision and find out what an arbitrator said.

Are you considering or in the process of dealing with a staffing complaint? Robert Strang, CEIU National Union Representative (and ex-CEIU 20944 Local President), who works out of the Edmonton CEIU Regional Office, has put together the following information which includes an impressive list of jurisprudence.

This information is meant for PSAC members covered by the Public Service Employment Act (PSEA).

What can complaints be filed over?

• Internal appointments
• Abuse of authority in:
  • Application of merit (ex: something wrong with how you were assessed, bias, bad faith, discrimination and other reasons)
  • Choice of Process (choosing a non-advertised process when they should have used an advertised process)
  • Choice of language (not allowing you be assessed in your choice of English or French)
• The Deputy Head’s decision to layoff an employee
• The decision by a DH or the PSC to revoke an appointment
• Failure of corrective action following a complaint against an internal appointment that was substantiated

A few things to keep in mind about staffing complaints

• You must have a “personal interest” in a complaint you file. In other words, you must be, for example, one of the people who missed out on an opportunity because a non-advertised process was improperly used when there should have been an advertised process or something went seriously wrong with their assessment of you as a candidate. You cannot file a complaint on behalf of someone else who may be too timid to file a complaint.
• You must file a complaint within the timeframes outlined on the Notice of Appointment, not on the previously issued Notice of Consideration for Appointment. Missing the timeframes because of vacation, for example, is not considered a valid reason to extend the complaint period.
• You must send your alllegations in writing by email or fax to the Director of the PSST (Public Service Staffing Tribunal) in Ottawa. These need not be perfect as I will finalise formal allegations at a later date, but should be detailed enough so that the PSST can determine if it is a legitimate complaint. A few simple paragraphs is usually sufficient. The instructions and contact information can be found here.

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An ongoing series of articles and information of interest to PSAC stewards. See more at the stewards network pages.

Two members of the Union of Taxation Employees, a Component of the PSAC, alleged that because the PSAC failed to invite them to the grievance hearings, keep in touch with them as to the grievance, or consult their witnesses to the grievance, the PSAC committed an unfair labour practice as described in the Public Service Labour Relations Act.  Find out what Adjudicator Paquet had to say about these circumstances by reading the decision at the PSLRB website.

An ongoing series of articles and information of interest to PSAC stewards. See more at the stewards network pages.

During a severe winter storm a few years ago two UTE members were unable to make it to work. They applied for leave with pay under Article 54.01 (a) of the collective agreement between the PSAC and the Canada Revenue Agency (CRA).

The employer denied their request and instead granted them annual leave. They felt that the grievors did not make a reasonable effort to get to work, further that other employees at the grievors work location either made it to work or requested annual leave.

In a decision issued June 30, 2009 Adjudicator Paquet allowed the grievances. He also indicated in his decision that the grievors should not have their rights restricted by other employees’ interpretations of the collective agreement.

To read the complete decision and reasons visit the PSLRB website.

If you work for the Canadian Food Inspection Agency (CFIA) or have the same �meal break when working overtime� language in your collective agreement this decision from the Public Service Labour Relations Board (PSLRB) will be of interest to you.

Two employees of the CFIA working in Edmonton, Alberta worked three (3) hours overtime following the end of their normal shift.� The employer paid them overtime at the applicable rate as well as the ten ($10.00) dollars meal allowance.� The grievors were not provided their meal break and grieved this violation by the employer.

Were the grievors correct?� Read the full decision to determine whether they were right.

� an ongoing series of articles and information of interest to PSAC stewards. See more at the stewards network pages.

For PSAC members who are covered by the Public Service Labour Relations Act (PSLRA), you will be interested in changes made to the process for classification grievances. The PSAC is recommending that “statement of duties” and “effective date” grievances be handled through the Informal Conflict Management System (ICMS). For a complete overview of the classification grievance process please visit the national website.

On behalf of the Youth Caucus we are happy to share a tool recently developed from the results of the young worker course held last March 2009.

One of the exercises in the course gave us the opportunity as young workers to talk about some of our suggested “do’s and don’ts” and transformed it into checklist form (pdf). We hope that you will find it helpful to make young workers feel welcome in the workplace and in the union.

Please continue outreaching to young workers and encouraging them to self-identify so that we can contact them and also encourage their involvement.

In Solidarity,

James Painter, Regional Council Youth Representative and Nicole Jacobson, Regional Council Youth Representative – Alternate

On behalf of the PSAC, I would like to invite you, your staff and your activists in the field who represent on grievances to participate in our first Representation Conference tentatively scheduled for spring 2010. This letter is the start of our process to develop conference content that will speak to the needs of those who do representation on behalf of our members.

• Download the Representation Conference survey here (pdf)

The Representation Section has been evaluating the current backlog of grievances waiting to be heard at adjudication or arbitration. Looking at the recurring and often complex grievance issues the Section sees, it is clear to us that many of those involved in the handling of grievances want an opportunity to share experiences and enhance skills around the representation work that we are all doing for the benefit of our membership. For this reason, as part of the plan to deal with the backlog that was approved by the National Board of Directors in December, a commitment was made to establish a conference/symposium that will bring union representatives and activists together to deal with some of the issues that we all face representing PSAC members.

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� an ongoing series of articles and information of interest to PSAC stewards. See more at the stewards network pages.

In February 2005 the Canada Revenue Agency (CRA) re-organized their Client Services area. Specifically, they wanted to eliminate both the “cash counters” and the “client service counters”. At the request of their Local, PSAC/UTE members working in those areas wore buttons which read “You’ll miss us when we’re gone! 2006″.

The Employer believed the wearing of this button gave the public a false image of the Agency and ordered the employee’s to remove their buttons.

Was the participation by UTE members a “lawful activity of an employee organization”?

Visit the Public Service Labour Relations Board website to read the complete decision which was issued March 20, 2009.

The Public Service Alliance of Canada is committed to ensuring that workplaces are equitable and fair. This means that we view human rights in the workplace as an essential element in our mandate to represent our members.

The duty to accommodate is an essential principle in our approach to human rights. Due to a Supreme Court of Canada decision (Meiorin, September 1999) this concept has been radically changed in a very positive way. Previously, the duty to accommodate meant the right of a group or individual to have a specific situation modified in a manner that did not change the basic elements of the situation, but did allow the group or individual to fully operate within that situation. In the workplace, reasonable accommodation involved specific legal rights and responsibilities and was a reactive response to individual or group discrimination.

Employers, and Unions, were legally required to take reasonable actions to eliminate the effects of employment practices or rules that discriminated against individuals or groups on the basis of a prohibited ground, such as race, sex, age, disability, sexual orientation and so on.

The Duty to accommodate: A PSAC guide for Local Representatives is available for download here (pdf).

The DTA is usually thought of in relation to disability, but it relates to all grounds of discrimination found under human rights legislation, including culture, religion, family status and so on. The Guide is set up as a Question and Answer document. Laws change at a rapid pace and the document will be updated from time to time.

Can an employer policy that does not form part of my collective agreement be grieved and eventually be heard in front of the Public Service Labour Relations Board (PSLRB)? Recently, the PSLRB issued a decision on that matter. It involved the Canada Border Services Agency specifically their Accommodation Policy.

The PSAC filed a �policy grievance� alleging that the CBSA Accommodation Policy as it was being applied to employees who failed the current �arms training� was a violation of Article 19 (No Discrimination) of the PA collective agreement. The Employer raised a preliminary objection on two grounds which the PSLRB did not accept.

This is an important decision because it sets out the parameters of, what can be a policy grievance and also confirms that an adjudicator can decide whether an employer policy is contrary to the collective agreement even if the policy is not incorporated into the collective agreement.

Read the complete decision here (pdf): 569-02-39-arming-control-cbsa

Nominate the exceptional work that is bringing PSAC locals in BC together!

Local Development has been a successful initiative that has been with us for many years. This year, we in BC want to get even more creative with developing strong and vibrant Locals in the workplace and as a result we have created the PSAC Local Achievement Awards. We want to recognize and honor Locals who have achieved workplace victories on behalf of Sisters and Brothers in a variety of categories.

Building strong Locals, one steward at a time.

This is an initiative of the BC Stewards Network, for more information, contact Dave Jackson at the Victoria RO at (250) 950 1050 | 1 (866) 953 1050 | email jacksod@psac.com and download the …

• Local Achievement Awards poster
• Local Achievement Awards background information
• Local Achievement Awards nomination form

A nomination form is available, to be used by Locals and/or members to nominate a Local whose victory at the Local level deserves recognition. Watch for more information coming soon in the mail.