November 2, 2006

Message from the National President

Dear TC/Table 3 Sisters and Brothers:

The selection of your dispute mechanism process is an important decision, as it directly impacts the negotiation of your next collective agreement. I encourage you to exercise your democratic right and participate in this vote; please read the enclosed information carefully before casting your ballot.

I wish to make clear that PSAC does support the conciliation/strike route, as we feel we can negotiate a better collective agreement when the collective power of the membership is engaged and supporting their bargaining team throughout the negotiation process. The conciliation/strike route is more democratic and participatory, as it involves the membership in the negotiation of their next collective agreement right through to the end of the bargaining process.

This is not true of the arbitration route, which hands over our collective decision-making power to a third party.  There will be no vote on the arbitral award; you will be forced to accept the decision whether you like it or not. The arbitral award will become your new collective agreement, and if we are not satisfied, we will have no power to do anything about it.

Some other reasons for supporting the conciliation/strike route are:

• Arbitration boards generally tend to be conservative in their approach to settling disputes.  They follow trends rather than set them, and are greatly influenced by existing collective agreements.  It is very difficult to break new ground.  It is doubtful we would have made many of the gains achieved over the previous rounds of bargaining had we taken the arbitration route. 

• It is highly unlikely that an arbitrator would have given the TC/Table 3 anything on Captive Time, since it is a new benefit for which there was no precedent in any Canadian collective agreement.  We might not have achieved the allowance for Fisheries Officers, the Personal and Volunteer Leave days, the Joint Learning Program or the ground-breaking Joint Study on Term Employees.  

• There is a belief amongst some members that the TC/Table 3 Group will achieve a better monetary settlement under arbitration. There is no way we can know that for certain, so it’s a real gamble as to what your economic increases will be. As arbitration boards follow existing settlement trends, it is likely that TC/Table 3 members would receive a pattern economic settlement. No matter the economic settlement, there’s no way to challenge the decision of the arbitration board.

• A vote in favour of the conciliation/strike route is not the same as a strike vote. Selecting this route does not mean that you are automatically going on strike; it just means that you reserve the right to use that option should it be required.

Ultimately, the decision is up to you, the members of the TC/Table 3 Group.  But I want to stress the point that the choice you are about to make comes down to a question of control and democracy.  Arbitration removes bargaining power from the Union and places it in the hands of a third party who is not accountable for their award. 

The conciliation/strike route is the hallmark of free collective bargaining.  The threat of members taking collective action is the only effective counter-balance to the employer’s power. Collective action, including strike, provides leverage during negotiations and is power in your hands.  We encourage you not to hand that power to a third party that will not be affected one way or another by the outcome of negotiations. It is you and your fellow TC/Table 3 members that have to live with the new collective agreement; shouldn’t you do all that you can to ensure that it meets the needs of the TC/Table 3 membership?

I hope that TC/Table 3 members participate in this important decision. No matter the outcome, it will remain essential for all TC/Table 3 members to be engaged throughout the negotiations process. Communication and mobilization will still play a major role, and TC/Table 3 members will be involved in lobbying and other activities to ensure that the collective agreements reached for TC/Table 3, and other members at Treasury Board, Parks Canada, CRA and CFIA, are the best contracts possible. 

The recent actions by the Harper government make it clear that negotiations will not be easy, and it will take the hard work and dedication of everyone if we are going to make significant gains at the bargaining table. I hope that we can all work together in this endeavour, no matter the dispute mechanism route selected.

In Solidarity,

John Gordon
National President