Public Service Alliance of Canada BC

Bargaining proposal calls for protections for all Union members at CBSA through arming implementation

Our FB Bargaining Team met with Treasury Board/CBSA for four days the week of October 9 in an effort to bring us closer to a new collective agreement. At the outset, our team expressed disappointment and frustration over CBSA’s communications to Union members over the summer regarding the Arming Initiative, including management’s Intranet postings and direct discussions with our members. We reminded the Employer that these actions on the part of CBSA represent both a violation of labour law and a barrier to constructive negotiations. In response to CBSA’s position, our team tabled a bargaining demand calling for full job security for every member of our union at CBSA. Treasury Board/CBSA refused to make any job security commitments at the bargaining table. We are holding to our demand.

CBSA is being reckless and irresponsible in threatening potential job loss over the implementation of the Arming Initiative. Our hope is that the Employer will do the right thing, return to the bargaining table next month and work with our team to ensure that all PSAC members at CBSA are guaranteed full job security under our new contract as firearms are introduced.

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Postponement of our December Treasury Board bargaining sessions has become necessary, due to delays with the Essential Service Agreements (ESAs) and the compensation studies.

Essential Service Agreements

To date, many Departments have not met their legal obligations to provide the most basic information in regards to essential services agreements. This has resulted in PSAC filing complaints with the Public Service Labour Relations Board (PSLRB), in order to force Departments to provide the necessary information to conclude the ESAs. While we are pushing the PSLRB to act on our complaints, we are also continuing to seek the information from the Departments.

Previously known as designations, these agreements identify essential tasks that must continue in the event of a strike between the parties. The completion of ESAs is an integral part of the negotiations process; this employer inaction is therefore causing delays in bargaining.

Compensation Studies

At the request of PSAC and Treasury Board, the PSLRB is conducting two compensation studies; one examining Treasury Board employees performing enforcement work, and another for members of the Technical Services (TC) bargaining unit. These compensation studies were expected to be completed by December 2007. Unfortunately, due to a number of circumstances, both compensation studies will be delayed into the new year. Your bargaining teams need to have access to the studies’ outcomes in order to proceed at the bargaining table. The results of the studies are critical to the negotiation of economic increases.

We expect most, if not all tables to complete work on demands that can be negotiated without the completion of the pay studies during the October/November bargaining sessions. Given this, we have postponed the December 2007 negotiations sessions. During December, negotiating team members will be engaged in mobilization activities in the field. We encourage members to participate in these activities, and remain involved in the negotiation of their next collective agreement.

After the summer break, the members of the PSAC Program and Administrative Services (PA) negotiating team returned ready and eager to get down to bargaining with Treasury Board. We are united in our goal of achieving the best possible agreement for our members.

The two parties met every day from October 2 to 5. During that time, the union made presentations to the employer on the following issues:

• changes to the grievance procedure,
• union leave, and
• the Joint Learning Program.

The union also tabled a proposed Memorandum of Understanding on the issue of language training.

During the week, the two teams spent time negotiating several non-monetary operational demands and while progress at the table is slow, it has been steady.

Your PA team is looking forward to being back at the bargaining table on October 30. Negotiations are scheduled to continue up to and including November 2.

Our proposal: a fair, objective standard for assigning shift work

During the lead-up to bargaining, members across the country raised concerns about the lack of clear, objective standards with respect to how employees are assigned work hours. In some parts of the country, who works when is mutually agreed upon. In other cases, management assigns the shifts.

To deal with the issue our team has brought a bargaining demand to the table that proposes a clear, transparent and fair standard for the allocation of shifts. While VSSA’s and the hours for shifts would remain the same as under our current contract, under our proposal individuals would bid on the shift or line they wish to work for all shift-based work schedules at CBSA. The shift or line would be assigned by seniority, rather than management making the decision unilaterally.

Recent problems at Pearson and P.E. Trudeau airports in Toronto and Montreal have only served to reinforce the fact that we need a fair system around the allocation of shifts. Seniority is recognized in worksites around the world as the only way to ensure fairness and objectivity. Our years of service with our employer should be respected.

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All of the PSAC negotiating teams for our Treasury Board units met with the employer in bargaining sessions in May and June. During those sessions, the five teams tabled our bargaining demands reflecting the improvements we are trying to achieve. However, Treasury Board also has come to the bargaining table with their demands, many of which require an immense amount of interpretation.

For instance, the Employer wishes to discuss a new approach to pay. Since our initial discussions at the bargaining table focus on non-monetary demands, it will be some time down the road before the employer’s position on any monetary issue is known.

Treasury Board wants:

• the elimination of additional sick leave for shift workers,
• the elimination of the right to have a complete and current job description,
• the elimination of vacation advance payments

The employer is also asking for:

• a reduction in the amount of vacation leave members can carry over,
• a reduction in the amount of overtime part time workers can claim,
• reductions to call back and reporting pay entitlements,
• a reduction in the number of situations where double time for overtime work would apply,
• a reduction in the notice period for changes to shift schedule from 7 days to 48 hours.

The employer also wants to increase and/or adjust core working hours for some groups and have indicated they intend to table demands on severance pay and Work Force Adjustment.

Although some Employer demands are unclear at this point, many are perfectly clear. Your bargaining teams are committed to saying NO to any demand calling for a roll-back in current terms and conditions of employment.

The negotiating teams are back at the bargaining table in October. Check back for regular bargaining updates.

The negotiating teams for all five PSAC Treasury Board bargaining units were in negotiations this month. In addition to bargaining, the teams held a joint meeting on June 9 to share information. Here’s what happened at each bargaining table.

Our Program and Administrative Services (PA) negotiating team met with Treasury Board from June 5th to 7th/8th. They made a presentation to the employer on language training and will be tabling language on this issue during the next set of meetings. A number of articles currently in the collective agreement were signed off as renewed. These were articles for which neither side had any demands. Every member of the team had the opportunity to speak to one or more of our demands at the table and to engage with the employer on issues specific to this bargaining unit.

Our Operational Services (SV) team also met with Treasury Board on June 5th to 7th. The Union responded to and asked a number of questions of clarification on several items, and the parties traded preliminary thoughts on outstanding classification and apprenticeship issues. The parties also signed off on 19 renewable articles on which no demands had been made by either side, and which are not impacted by any new proposals, and a handful of editorial changes required as a result of the Public Service Modernization Act (PSMA).

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The PSAC negotiating teams for all five Treasury Board bargaining units were in Ottawa during the week of May 14 for their first face-to-face meetings with the employer teams. The purpose of these meetings was to formally introduce the members of both teams and review the demands exchanged electronically last month. The chief negotiator for each team read through the demands and entertained preliminary questions to clarify the intent of each demand.

During the week, all five PSAC teams took time to meet and exchange information and share their perspectives on the initial negotiating sessions.

On May 14, members of the teams joined in a demonstration in support of the elimination of regional rates of pay. They joined thousands of other members who participated in similar activities across the country.

• More about the No Zones campaign.

The Technical Services unit negotiating team greatly appreciated the support of the Transportation Safety Board members of PSAC’s Union of Canadian Transportation Employees component who sent them a balloon-o-gram that really lifted their spirits. Thank you!

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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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Treasury Board units have exchanged bargaining demands with the employer. You can download the demands at the national website.

The first meetings with the employer will take place next week!

May 14 and 15 for the PA and SV units and on May 17 and 18 for the TC, EB and FB units. At these meetings, the union and employer negotiating teams will review and explain demands and answer any questions about them. Negotiations will start in earnest at the next set of meetings. The PA and SV teams will meet with the employer from June 5 to 8, the TC, EB and FB teams from June 12-15.

Connect with team members…

The following is a list of member negotiators from the different bargaining units who are from B.C., feel free to connect with them regarding your thoughts on the demands and to express your support for their efforts on your behalf!

• FB - Lawji, Karim - klawji@shaw.ca
• FB - McGillivray, Carolyn - cmcg@telus.net
• PA - Adam, Megan - pa.bargaining@psacbc.com
• PA (1st Alternate) - Vaillancourt, Virginia - uvaevictoria@shaw.ca
• SV - Dureen, Melvin - mdureen@uniserve.com
• SV - Sanderson, Randy - sandersonr@telus.net
• TC - McKenzie, Darrell-Lee - starshine@telus.net
• TC - Robinson, Phil - nosnibor_york@yahoo.ca
• EB - no member negotiators in B.C. Please contact urrutim@psac.com for more information.

In Solidarity, Monica Urrutia, TB - Regional Strike Coordinator (BC Mainland)

This round of Treasury Board bargaining began in the summer of 2006, with a call to Local/Branch members for bargaining input. A comprehensive Program of Demands package was sent to all Local/Branch Executives. The bargaining input you forwarded to your Component was reviewed by bargaining unit. That input was 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 negotiating team members and debated and decided upon the bargaining proposals that would be presented to the employer.

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

Download the demands at the national website.

PSAC Bargaining Units with Treasury Board (PA, SV, TC, EB, FB) - It’s time to begin bargaining!

PSAC has already started to put the Treasury Board on notice that we’re getting ready to bargain. The union had committed that, in this round of bargaining, notice to bargain would be served at the earliest possible legal date – four months before the expiry dates of each of the agreements – and that bargaining would begin before these agreements expire.

Notice to bargain for the Program and Administrative Services (PA) and Frontière/Border Services (FB) units was served on February 21, 2007 and the notice for Technical Services (TC) sent on February 22.

Notice to bargain for the Education and Library Science (EB) unit was served on March 1, 2007 while the notice for the Operational Services (SV) unit will be served on April 5, 2007.

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The Public Service Alliance of Canada (PSAC), and the Public Service Human Resources Management Agency of Canada (PSHRMAC) invite you to apply to join our team of facilitators for the PSAC-PSHRMAC Joint Learning Program (JLP).

Selection criteria include:

• skills (or potential) to facilitate experiential learning activities;
• commitment to the JLP goal of effective union-management relations through joint learning;
• credibility with the PSAC and the employer;
• commitment and availability to prepare and deliver a minimum of five JLP workshops.

For more information, and an online application, visit the JLP 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.

On October 3^rd, 2006 the PSAC National Board of Directors adopted a motion allowing a vote to be conducted by the 10,000 members of the Technical Services Group at Treasury Board. This vote will determine whether this group chooses the conciliation/strike or the arbitration route for its next round of bargaining.

The vote will be conducted by mail ballot. Members will be receiving their mailing kits at home by mid-November and will have until December 11^th, 2006, to return their ballot to the PSAC. 

Once the ballots are counted and verified, the results will be announced by the PSAC. Under the Public Service Labour Relations Act, the members have to choose between conciliation/strike or arbitration before the PSAC serves the notice to bargain to Treasury Board. This is why this vote has to take place at this time.

• Visit the national website for letter by National President John Gordon explaining why PSAC favours the conciliation/strike route.
• Visit the national website to read a leaflet that gives an outlook of each option.

For any question about the vote process, please send an e-mail to bargaining@psac.com.

PSAC members from Treasury Board locals who are interested in facilitating workshops for the PSAC-PSHRMAC Joint Learning Program (JLP) can apply on-line to become program facilitators.

The next JLP Facilitator Orientation course in the BC region will be in Vancouver from November 6 – 10, 2006. The deadline date for applications is September 29, 2006. For more information, visit the JLP web site.

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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PSAC members from Treasury Board locals who are interested in facilitating workshops for the PSAC-PSHRMAC Joint Learning Program (JLP) can apply on-line to become program facilitators.

The next JLP Facilitator Orientation course in the BC region will be in Vancouver from November 6 – 10, 2006. The deadline date for applications is September 25, 2006. For more information, visit the JLP web site.

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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