The Public Service Labour Relations Act

The Public Service Labour Relations Act is new labour relations legislation. It came into effect April 1, 2005 and replaces the Public Service Staff Relations Act (PSSRA). This legislation is enforced by a new labour board, the Public Service Labour Relations Board (PSLRB).

Labour legislation generally sets out the parameters of the relationship between the parties. It establishes how that relationship is created, what that relationship does, how it is maintained and it provides general rules around how the parties treat each other. This particular labour law creates collective bargaining and governs staff relations on behalf of some 130,000 PSAC members. It also encourages consultation and co-development, sets up the Public Service Labour Relations Board and defines the mediation services offered by the Board.

Bargaining Rights

The PSLRA defines the process for achieving certification, for the determination of appropriate bargaining units and it describes successor rights and obligations. It also offers the union a choice for resolution of disputes in collective bargaining. The union must have made its choice and must notify the Board before notice to begin collective bargaining is served.

Collective Bargaining and Collective Agreements

The legislation confers collective bargaining rights on the parties and governs, in some detail, how that process takes place. The legislation directs the parties in a number of areas, including:

• The time frame for serving notice to bargain collectively

• Two-tier bargaining

• Negotiation of collective agreements

• Essential Services

• Arbitration and the establishment of Arbitration Boards

• Request for Conciliation and the establishment of Public Interest Commissions (PICs)

• The conduct of strike votes and prohibitions related to strikes

Unfair Practices and Prohibitions

Like most labour law, the PSLRA defines what constitutes an unfair labour practice on the part of both the employer and the union. In establishing how the parties should treat each other, the legislation describes what does not constitute an unfair practice. It further describes in some detail prohibitions related to strikes.

Grievances

A significant part of the ongoing relationship between the employer and the union is the right to a grievance procedure. The PSLRA details the right to present individual, group and policy grievances and the right to proceed, in some cases, to adjudication. Access to group and policy grievances is a new right for PSAC members in this jurisdiction.

Grievances –including new access to group and policy grievances

Stay tuned for more information and more links in the weeks and months ahead. The new PSLRA is extremely relevant to PSAC members in the near future as we gear up for collective bargaining for our Treasury Board and large Agency membership.