Canada’s 18 federal public service unions met earlier this week to decide their next move in response to the tabling of Division 20 of Bill C-59, the Budget Implementation Act (BIA), which gives the government the authority to unilaterally amend the sick leave provisions of the collective agreements covering employees of the core public service. Today, the unions are also jointly filing a complaint with the Geneva-based ILO asserting that the measures included in the December 2013 omnibus BIA – Bill C-4 – contravene ILO conventions that protect free collective bargaining and the right to strike.

“Our solidarity pact remains in place. We are united and even more determined to defend the constitutional rights of our members,” said Ron Cochrane, the union Co-Chair of the National Joint Council. “We are taking all steps at our disposal including appealing to the body that enforces international conventions on labour rights.”

The unions emerged from their meeting with a comprehensive coordinated legal plan to respond to bills C-4 and C-59 and stop the continuing attack on the fundamental constitutional right to fair collective bargaining, and a common approach to bargaining to push back the federal government’s latest move to impose a predetermined outcome on negotiations.

“Bill C-59 is all about trying to force us to accept a “go to work sick” plan by threatening to impose it if we do not agree,” Cochrane said. “It runs completely contrary to the Public Service Labour Relations Act (PSLRA) and it’s a violation of the collective bargaining rights that citizens have under the Charter of Rights and Freedoms. And, like Bill C-4, it contravenes international conventions. We will not be intimidated by the federal government’s bully tactics.”

The 18 federal public service unions have also agreed to plan coordinated actions to mobilize federal public service employees in the face of the assault on collective bargaining rights.

The Federal Bargaining Agents of the National Joint Council are:

• Association of Canadian Financial Officers
• Association of Justice Counsel
• Canadian Air Traffic Control Association, Unifor Local 5454
• Canadian Association of Professional Employees
• Canadian Federal Pilots Association
• Canadian Merchant Service Guild
• Canadian Military Colleges Faculty Association
• Coast Guard Marine Communications Officers Unifor Local 2182
• Unifor, Local 87-M
• Federal Government Dockyard Chargehands Association
• Federal Government Dockyard Trades and Labour Council (East)
• Federal Government Dockyard Trades and Labour Council (West)
• International Brotherhood of Electrical Workers, Local 2228
• Professional Association of Foreign Service Officers
• Professional Institute of the Public Service of Canada
• Public Service Alliance of Canada
• Research Council Employees’ Association
• Union of Canadian Correctional Officers – CSN

CBSA is a Law Enforcement agency. Officers working at CBSA should be afforded the same pension benefit as other enforcement workers.

In negotiations this week with Treasury Board/CBSA our FB Bargaining Team reiterated that we are seeking a commitment from CBSA and Treasury Board that will support an early retirement plan similar to what is in place for other federal law enforcement personnel. In light of the work that we do, and in light of the employer’s legal obligation to place officers that require accommodation, we believe that such a retirement arrangement is not only in the interest of employees in the FB bargaining unit, but is also in fact in the interest of the Agency.

Day Workers
There are a number of locations across the country where CBSA management has been revoking or canceling compressed work weeks and flexible working arrangements – from Inland Enforcement to Trade Compliance to Hearings Officers. Our Team discussed again the need for our new contract to provide new protections in this area.

VACIS and HCVM
This week our Team reminded management that the employer cannot make unilateral changes without first gaining the union’s consent. Consequently we notified the employer that should the Agency attempt to contract out work associated with VACIS and HCVM, we will contact our legal counsel.

Student Work
We made proposals that would require the union to be involved in the assigning of student work, and would protect union jobs from being held by students.

Sick Leave
We addressed the ongoing sick leave issue this week by stating that we continue to seek either a renewal or improvements to the current sick leave regime. We made it clear that any improvements would need to be contained in the collective agreement. We reiterated that the underlying purpose of a sick leave system is to ensure that workers are not forced to choose between going to work sick or collecting a pay cheque.

WFA
We reiterated to the employer that we are seeking significant changes to the Workforce Adjustment Appendix. Our demands seek to preserve and improve public services, enhance protections against involuntary departures and ensure that our seniority be recognized.

We are next scheduled to meet in bargaining the week of April 11th. We’ll be sure to update as things progress.

Our PA bargaining team met Treasury Board at the bargaining table this week with renewed determination. Unfortunately, the employer continued to display minimal interest in responding to our proposals.

Treasury Board did signal it is considering some very small movements in response to union demands in certain leave provisions, as well as improved notice provisions in the discipline article. But mostly, the Employer remained focused on sick leave concessions and complained that we had too many demands at the bargaining table.

Our bargaining team reiterated the objective to come to the table every three years or so to improve wages and working conditions and resolve problems. We tabled new language on student employment and reviewed with the employer our proposals on maternity and parental leave.

Treasury Board withdrew its demand to remove the PM-7 wage grid from the collective agreement. Our team understands there are currently no PA members at the PM-7 level, but we cannot be sure that this classification will not be populated in the future.

Work Force Adjustment: We reiterated the need for significant changes to the Workforce Adjustment Appendix in this round of bargaining. Our demands seek to make the rules more transparent and reduce the significant anxiety the process causes workers. We are also looking to preserve and improve public services, enhance protections against involuntary departures and ensure that seniority is recognized.

Sick Leave: We addressed the ongoing sick leave issue this week by stating that we continue to seek either a renewal or improvements to the current sick leave regime. We made it clear that any improvements would need to be contained in the collective agreement. We reiterated that the underlying purpose of a sick leave system is to ensure that workers are not forced to choose between going to work sick or collecting a pay cheque.

We will be back at the table the week of April 11, 2016. Stay informed by visiting psacunion.ca/pa

The PA bargaining team came back to Ottawa with high hopes for a more productive bargaining relationship with the new Liberal government. Sadly, the Liberals’ new mandate for negotiations does not seem to be fully developed.
In three days of bargaining with the employer, our bargaining team discussed the definition of contact centres with the employer, as well as PSAC’s proposals for better working conditions in these centres.
We also stressed the importance of creating a joint union-management committee to review, recommend and implement minimum standards for working conditions in these contact centres.
Our union’s proposals for Article 25 – hours of work, and particularly the demand for shift scheduling by seniority, was another focus of discussion.

We will not trade away sick leave’
Treasury Board negotiators tabled a proposal similar to that of the previous Conservative government, that would replace our existing sick leave plan. It takes away existing rights and leaves members worse off. The proposed short term disability plan would fall outside of the collective agreement and allow the government to make unilateral changes any time.
We remain open to improvements on sick leave but we will not negotiate concessions or agree to any proposal that forces members to choose between losing pay or going to work sick.

Fair bargaining and Bill C4
We are pleased to see the government move to repeal Bill C-59 (division 20), but there is still another unfair labour law on the books. The unconstitutional changes to labour laws governing the collective bargaining process under C-4 remain a key issue.
It is a mystery why the government is not repealing this legislation in light of the clear pronouncements made by the Supreme Court in the Saskatchewan Federation of Labour case. We will continue to move forward with our litigation and take all necessary steps to ensure that there is free and fair collective bargaining for the federal public service.
At the bargaining table, PSAC will continue to focus on measures to improve the delivery and quality of public services and make the federal public service an efficient and healthy place to work. This benefits all Canadians.

Bargaining schedule
The bargaining schedule has increased in frequency from every two months to approximately every five weeks. We will be back at the table the week of March 7 and again the week of April 11.
Visit psacunion.ca/pa for updates.