Public Service Alliance of Canada BC

Please see the document below (jpg), which outlines the bargaining process for CFIA under the Public Service Labour Relations Act: Conciliation/Strike route.

Download this document as a pdf: CFIA bargaining process under the PSLRA

This round of bargaining is taking place under the new Public Service Labour Relations Act, here are 10 things you ought to know about the law …

1. The basic framework remains unchanged
2. The new Act emphasizes “the public interest”
3. There are new factors which Arbitration Boards must consider, including an “ability to pay” clause.
4. Conciliation Boards are replaced by Public Interest Commissions, which also must consider the same factors.
5. The conduct of strike votes is now governed by the law.
6. The strike vote has a “best before” date (60 days).
7. The Employer has a “free speech” clause.
8. Designations are gone, replaced by “Essential Services Agreements”.
9. There are prohibitions against impeding ESA workers.
10. Planning strike vote timing and strike vote commencement has become more complex.

There was a preliminary statement by the Union negotiating team addressing the issue of Pay Parity with other sectors of the Public Service. We have put the employer on notice that this will be a priority for the union when we table our full pay position.

We encourage the membership to read both the Union and The CFIA bargaining proposals and to provide feedback to the team member in BC - email Bob Jackson.

A quick update:

The initial meeting between the PSAC/CFIA negotiating team and the employer are scheduled to take place on January 15th and 16th in Ottawa. Notice to bargain was served on the employer on September 28, 2007.

CFIA members can expect to receive their new pay increments in this upcoming pay period. Back pay will also be processed and should follow in the next little while. It was our intent to commence negotiations before our contract expired but we were unable to do so. Our bargaining team expects to be back at the table by mid January.

PSAC members with the Canadian Food Inspection Agency have ratified their tentative agreement. Arrangements will now be made to sign the new collective agreement which expires on December 31, 2007. Preparation for the next round of bargaining will begin soon. Discussions are underway to begin negotiations with the employer early in the fall.

For more information visit the national website.

Meetings are taking place across the Country starting the week of July 9 and continuing until the end of July to conduct a ratification vote on the tentative agreement with the Canadian Food Inspection Agency.

Bargaining Team member Bob Jackson will be in attendance at all the meetings. For more information please contact the Victoria Regional Office.

These meetings are your opportunity to cast your vote on the tentative agreement. The ratification kit document will be available at the meetings and is also available on-line at the national website.

Your PSAC negotiating team reached a tentative agreement on June 20th for our members working at the Canadian Food Inspection Agency. This is a one-year agreement that includes a salary increase of 2.5% effective January 1, 2007. The agreement would expire at the end of 2007.

The tentative agreement contains changes to reflect new provisions in the Public Service Modernization Act regarding union leave (the replacement of Conciliation Boards with Public Interest Commissions) and a Grievance Article to reflect our ability to file Group and Policy grievances.

The Maternity and Parental Articles were also updated to reflect the improvements gained as a result of the introduction of the changes made in the Quebec Parental Insurance Plan.

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A key issue: eliminating regional rates of pay

OTTAWA – Bargaining for over 100,000 federal public sector workers is beginning as the Public Service Alliance of Canada (PSAC) meets today in Ottawa with the federal government.

According to PSAC National President John Gordon, delegates to the PSAC convention in 2006 adopted a comprehensive policy to defend quality public services. “The union has tabled a number of bargaining demands that are designed to maintain and enhance federal public services in response to a Conservative government whose ideology is one of smaller government and by extension, fewer and less effective services for Canadians.”

PSAC started getting ready for this round of negotiations in the summer of 2006 when it sent out its input call to union Locals and Branches for bargaining proposals. Members participated in two regional bargaining conferences and a national bargaining conference where delegates finalized bargaining demands and chose the members of the negotiating teams.

“The union served notice to bargain at the earliest possible date before the expiry date of each of the five agreements,” says Gordon. “The parties exchanged demands on April 27 and for the first time we’re starting negotiations before any of these agreements expire. We’re ready and eager to negotiate.”

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The PSAC held a National Bargaining Conference in Ottawa September 12 to 15, 2006, to prepare the next round of negotiations with the Canadian Food Inspection Agency. The PSAC negotiates on behalf of nearly 4,000 members at the CFIA.

The process of renewing the collective agreement at the CFIA began on June 23, 2006, when the PSAC issued the Input Call for Bargaining Demands for the 2007 Round of Negotiations.

Download the first CFIA Negotiations Bulletin (pdf) to continue reading a report on the National Bargaining Conference, as well as a backgrounder on how bargaining works at the CFIA & how we choose our bargaining demands.

CFIA National Bargaining Conference 2006 - Day 1

The conference began with a keynote speech delivered by Robyn Benson, AEC officer assigned to the CFIA bargaining unit.  Sister Benson provided an overview of our last bargaining cycle and the changes implemented to improve the process in this round.  She outlined the activities for the next two and one-half days, highlighting the fact that conference participants are expected to discuss the bargaining demands package and bargaining priorities, elect a negotiating team, and develop communication and mobilization plans.  She further emphasized that preparation and planning are key elements to successful negotiations.  Her role and responsibilities were also clearly outlined to the group.

The 21 participants in attendance received a presentation about the challenges we face with the new Public Service Modernization Act. They were also told that the PSAC is willing and ready to rise to the challenge in order to reach a fair collective agreement for its members at the CFIA.

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To Canadian Food Inspection Agency (CFIA) Members,

The deadline of August 14^th 2006 for the submission of bargaining demands for the next round of negotiations for the Canadian Food Inspection Agency is fast approaching.

The agreement expires December 31^st, 2006 and we anticipate serving notice to bargain in September.

Please be reminded that your bargaining demands must be accompanied by complete rationales and justifications: for more information please contact your local Executive.

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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PSAC is going to be surveying members in preparation for the next round of bargaining with Treasury Board, the Canadian Food Inspection Agency, Parks Canada and the Canada Revenue Agency.

Environics Research Group, a well-known and respected polling firm will be conducting the survey for PSAC, asking questions about bargaining issues and priorities.

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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 .

Older news and information pertaining to CFIA bargaining is archived in our old webspace. This section will be updated as time goes on.