July 7, 2008
Negotiating Essential Services with Parks Canada:
What PSAC members need to know
Where are we at in negotiating an Essential Services Agreement with Parks Canada?
Under the new Public Service Labour Relations Act (PSLRA) the union and the employer must determine which positions will be considered “essential services” in the event of a strike. Right now, your union and the employer are disputing the very definition of essential services. Basically, the two parties are in disagreement over this fundamental issue: whether recreational services, facilities and activities at Parks Canada Agency constitute essential services as defined by the PSLRA. They need a ruling on this issue from the Public Service Labour Relations Board (the Board) before they can finalize the Essential Services Agreement.
Hearings before the Board are scheduled for the week of August 11, 2008.
Why is this important?
Essential Service Agreements (ESAs) play a critical role in the bargaining process because they directly affect what we can do next. While the goal of our bargaining team is to negotiate a fair settlement at the table, there is no guarantee that they can do so.
For example, it might be necessary to conduct a strike in order to obtain a fair settlement. Under the new rules, no bargaining unit may conduct a legal strike until 30 clear days have passed after the ESA for that bargaining unit has been signed off.
PSAC is negotiating ESAs for the first time under the PSLRA. This new scheme replaces the old designation process and it means that we have to negotiate all the ESAs one position at a time.
Under the new rules we have one chance to negotiate ESAs that will stay in place for future rounds of negotiations so we need to get it right the first time.
All of our members' work is valuable
The PSAC recognizes and respects that all of our members, including those at Parks Canada, perform valuable work for the people of Canada. At the same time, we recognize that some of our members provide services that are necessary to ensure the safety and security of the public and of our members themselves. However, we also recognize that our members have the legal right to take strike action.
Not every function qualifies as essential
The legislation defines an "essential service" as "a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public".
While the PSLRA is new, the principles of essential services are similar to the former legislation under which we negotiated. From our previous experience with the former Staff Relations Board, we expect some similar decisions on essential services, such as:
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Inconvenience to the public" is not a valid consideration for determining essential services.
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Technically, duties that would protect the employer or the public from economic hardship are not considered essential to safety or security. However, there have been some cases where the provision of income maintenance, such as CPP or OAS, has been considered an essential service.
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The mental, psychological or emotional state of individuals is not covered by safety/security to the public.
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"Safety or security" can also relate to future situations.
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The term "public" is to be given a broad meaning. It includes employees and inmates.
Parks Canada Agency has proposed over 1,300 positions to be considered essential. We believe that they are basing these proposals on the assumption that recreational services provided by Parks Canada, such as maintaining and operating camp grounds or interpreting natural and historic sites to visitors, would continue to be provided to the public in the event of a strike.
However, your union takes the position that these recreational services are not essential services and may be suspended during a strike without jeopardizing the safety and security of the public. Accordingly, the union is disputing a majority of the positions proposed by Parks Canada and including only those positions necessary to ensure the safety and security of the public. The union's position is that this fundamental issue has to be resolved before the parties can move forward in negotiating the ESA.
Updates on the progress of the ESA negotiations will be posted on the PSAC website.
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Date Modified : 2008/07/30
Public Service Alliance of Canada | 233, Gilmour Street, Ottawa, ONTARIO CANADA, K2P 0P1, Tel.: 1 888 604-7722 (PSAC)