How can designated members participate in strike action?
Being designated doesn’t mean that members can’t participate in strike activity. As many of these members have demonstrated in the past, designated members can support strikes in many very effective ways. In fact, the more designated members who are actively engaged in the strike structure, the more effective any strike activity will be in disrupting the employer’s operations.
Designated members should attend regular membership meetings where the Strike Captain will explain how they can support the strike. Some examples include reducing productivity at the worksite and monitoring management’s activities.
The PSAC Constitution (Section 24, Sub-Section 7) identifies one way for designated members to support striking members who will not be receiving a salary during legal strike action. The Sub-Section says: members who receive remuneration during a legal strike of their bargaining unit, shall be required to remit 25% of the remuneration they receive from the employer for each day worked during the legal strike to the PSAC.
The monies received from designated members are set aside in a Hardship Fund, which is governed by Regulations adopted by the union’s National Board of Directors. Monies received in a particular region remain in the region to assist striking members in that region.
Contributing 25% of your net pay during a general strike (not strategic strike) to the union’s Hardship Fund will help support striking members who are in a financial crisis, thus strengthening the strike and our picket lines.
Contributing to the Hardship Fund in a timely way is the right thing to do because it will help ensure a good collective agreement.
What is the ‘designation process’?
The Public Service Staff Relations Act (PSSRA) provides for a process that allows for the designation of positions so that certain functions continue “in the interest of the safety or security of the public” in the event of a work stoppage.
Workers occupying these positions possessing these “safety or security” duties are prohibited from going on strike. Examples include Ships Crews members who work on Search & Rescue vessels.
Internally the process starts with the individual Components meeting with their respective Departments. Any positions in dispute are then referred to the PSAC for discussion with Treasury Board. If the parties still cannot reach an agreement, the disputed positions are then referred to a Designation Review Panel that makes a determination. The PSSRA states that the determination is strictly a recommendation. However, PSAC and Treasury Board have agreed that they will accept the recommendations as binding.
What triggers the designation process?
The beginning of the collective bargaining process triggers the designation process. The Tables cannot apply for the establishment of a Conciliation Board until the designation process is complete, unless otherwise agreed to by the parties.
In this round of bargaining, Tables 1, 2 and 3 are on the Conciliation/Strike route. The designation process does not apply to Table 5 which has chosen Arbitration as its dispute settlement route in this round of bargaining.
At what stage is the designation process?
The designation process started in April 2003, and agreement has been reached in most cases. Disputed positions have been identified and the PSAC is proceeding to mediation with Treasury Board and the Public Service Staff Relations Board. If there are still positions in dispute after the mediation stage, PSAC will refer the disputed positions to a Designations Review Panel.
Are workers designated?
No. The PSSRA requires that positions be designated, not workers.
What types of positions are designated?
Some examples include: Income security and immigration positions, firefighter positions at National Defence bases, positions involving search and rescue, lightkeeper positions.
Are there any different types of designations?
Yes. There are three types of designations.
Designation 1 – a fully-designated employee
Designation 2 – alternate to a specific position
Designation 3 – conditional designation
Alternate designations apply if an individual in a designated position is off work because of illness or leave and cannot report to work. The alternate would be “essential” until that person returns.
Conditional designations apply if there is a condition tied to your designation. The condition must be fully explained to you. That condition must occur before you would be required to work.
Why do we have alternates?
Alternate designations minimize the number of people who are fully designated.
Who gets copies of the designation lists?
The Alliance Centre has copies of the agreements as do the Components. Components are asked to provide Locals with this information for distribution to the various picket captains.
Who issues the designation forms?
The Public Service Staff Relations Board produces and signs the Form 13. They send them to Treasury Board for distribution to the Departments. They must be original forms. No copies are to be accepted.
How do you know if you are occupying a designated position?
Employees occupying a designated position will be advised of their status by a manager or other Employer representative
and provided with their official Form 13. If a condition is attached to the designation, the employee should be informed at the time they receive the Form.
Is the union involved when these Notices are handed out?
Yes. The manager should be accompanied by a union representative and all three should initial the registry form. Once the form is completed a copy is to be provided to the union representative.
Is the notice valid if a union representative is not in attendance?
Yes, as long as it is the official Form 13.
Who should receive a copy of Form 13 when the union representative is not available?
The employer will send the union representative’s copy of the form to the appropriate Component National Office.
Do they deliver original copies or can they be a duplicate copy?
The Form 13, Notice of Designation, must be the original from the Public Service Staff Relations Board. It contains the signature of Pierre Hamel and has the watermark insignia of the PSSRB in the middle of the Form. The Form must contain the position number and geographical location of the position.
What if the employee named on the form is not in that position?
A line must be drawn through the original name and the new name written beside it. You must be able to read the previous name.
Can the position number be changed?
No, once the position is designated that number must stay the same. Only the name of the employee can change.
Can members of the Local Executive be designated?
In most cases, agreements have been reached to avoid designating members of the Local Executive. However, if a member of the Local Executive does receive a Form 13 she/he must respect the notice.
If there is strike action, what terms and conditions of employment apply to designated employees?
The current collective agreement is still in effect for all designated employees. Therefore, all the current terms and conditions apply.
I am likely to be designated; if a strike vote is conducted why should I vote in favour of a strike?
Like all members, you have a right to participate in the strike vote. You will benefit from any collective agreement improvements that your negotiating team negotiates.