News release

February 6, 2003

PSAC gives new Public Service legislation a mixed review

OTTAWA - The Public Service Alliance of Canada (PSAC) is not ready to give a passing grade to the Liberal government’s legislation to Modernize the Public Service of Canada.

“The legislation needs significant amendments,” according to PSAC National President Nycole Turmel. “While it does contain some positive aspects, in its current form it will do little to support more constructive and cooperative labour management relations and ultimately a better workplace.”

Turmel indicates that “the proposed legislation leaves pensions, staffing and classification, which are of major concern to our members, outside the scope of negotiations and totally in the hands of the government. Much of the legislation is geared to enhancing management’s rights.

“Other key areas such as whistleblowing protection are also ignored. In fact, whistleblowers may find themselves with even less protection if the government’s changes to recourse procedures on demotion or release are adopted.”

“The government’s approach to employees’ rights is mixed,” says Turmel. “A major improvement will allow the new Public Service Staffing Tribunal (PSST) to interpret and apply the Canadian Human Rights Act if a discrimination issue arises. This is a significant step forward from the current situation. In addition, the appointment of workers in designated groups will be made easier and employment equity programs reinforced.”

On the negative side, the government is establishing prohibitions on political activities in the new Act. The Supreme Court struck down earlier prohibitions over 10 years ago. In addition, federal public sector workers will now even have to obtain permission to seek nomination for municipal office.

Some other positive changes include:

• the automatic conversion of term employees to indeterminate status at the end of a specific period will now be law;
  
  
• casual employment will be limited to a maximum of 90 days in any calendar year.

“Treasury Board President Robillard has said that she is open to to amendments,” explains Turmel. “There needs to be a significant amount of consultation, particularly with federal bargaining agents, if this new legislation is to achieve a truly revitalized public sector. PSAC will be reviewing the legislation thoroughly and will take any action necessary to improve it.”

For information:
Nycole Turmel, PSAC National President, (613) 560-4330
John Gordon, PSAC National Executive Vice-President, (613) 560-4310

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