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Welcome to the PSAC e-mail news for the period of August
4 to 22, 2003.
In this issue:
Turmel challenges Minister
PSAC President Nycole Turmel takes issue with a number of statements
made by Lucienne Robillard, the Minister responsible for Treasury
Board, in a bulletin about Bill C-25, the Public
Service Modernization Act.
In a letter to the Minister, Turmel begins by saying that, contrary
to what the Minister has said, it is not true that Bill C-25 has been
well received. For Turmel, such a statement cannot possibly take into
account the reaction of those who are likely to be most affected by
the Bill that is, the workers. The more PSAC members learn about
the Bill, the more concerned they become. According to Turmel, PSAC members are concerned that the legislation
tips the balance of power in favour of the employer much more than
is the case now. For example, the broadening of the definition of
the essential services and the union's inability to challenge the
level of service to be provided during a strike effectively remove
the right of PSAC members to strike. Similarly, the extension of personal
liability to individual union officers under the Offences and Punishment
provisions is an unnecessarily extreme and punitive measure which
will discourage union members from aking an active role in their union.
Turmel also challenges the Minister's view that the proposed changes
with respect to staffing will not "water down merit in the staffing
system or open the door to bureaucratic patronage." As a case in point,
Turmel refers to a recent audit of the Federal Student Work Experience
Program (FSWEP) which found that "there were a significant number
of cases where managers improperly circumvented the safeguards in
place in order to hire someone they had in mind before making the
request." The PSAC President wonders what will happen once the new
Public Service Employment Act is in place.
Turmel also questions the reasoning behind a statement made by the Minister
concerning "the protection of employees who disclose wrongdoing in
the workplace." According to the Minister, Bill C-25 is meant to strengthen
this protection. However, the Bill only provides that Treasury Board
may develop guidelines or policies in this area. Turmel concludes her letter to the Minister by saying that it would
have been better to engage in a constructive dialogue with the Public
Service Alliance of Canada before initiating an in-depth reform of
the public service. To read Nycole Turmel's letter in its entirety, please visit the
Web site at ww.psac-afpc.com.
Picnic lunch at Nordion
Some fifty PSAC members working at Nordion International in Ottawa
held a picnic lunch to prepare picket signs for a possible strike.
A large majority of these workers, about 82%, have already voted for
the use of strike action to force their employer to negotiate a fair
labour contract.
The Local Executive provided brushes and paint, and members allowed their creativity
to run freely. For these 230 workers, the key bargaining issues include
salaries, shift work, staffing and health and safety. Until now, the
bargaining process has been very slow and there has been no significant
progress yet. Following the strike vote, the company launched a misinformation
campaign aimed at its employees. They questioned the legitimacy of
the union and encouraged employees to cross picket lines should a
strike occur. PSAC filed an unfair labour practice complaint before
the Canada Industrial Relations Board (CIRB) against Nordion. The
union argues that Nordion International is providing employees with
false information and violating the right of the union to represent
its members. The company's attitude poisoned the labour relations climate at Nordion.
Recently, some fifty PSAC members lost their access card to the company's
facilities in Kanata. Nordion had to deliver new cards to these employees.
The company now threatens to file a grievance on this issue or to
file a complaint before the CIRB.
From left to right: Andrew Melcher, Waheed Khan, Carolle Chevrier,
Tim Hayes, Allison Melcher.
Pensions surplus:
Unions' suspicions confirmed
PSAC case works its way through Discovery phase
The PSAC is one of three groups that have filed lawsuits in the Ontario
Superior Court challenging the federal government's arbitrary removal
of the surplus in the Public Service Superannuation Plan, the RCMP
Superannuation Plan and the Armed Forces Superannuation Plan. Before
the lawsuits go to trial, there is a procedure called Examination
for Discovery which must take place.
The objective of Discovery is to ensure that all the parties have
the opportunity to find out about the existence and content of all
documents relevant to the case that any of the parties are submitting.
The first step was the filing of relevant documents by all the parties.
To date, the federal government alone has produced several thousand
documents. Some of the documents contain financial data related to
the plans while others provide information on the government's strategy
for dealing with the surplus.
Legislated wage freezes were one of the reasons federal superannuation plans
developed surpluses during the 1990s. By 1995, the government was
already factoring in $14 billion in surplus as part of their plan
to reduce the deficit. The government had discovered that accounting
rules allowed it to use the surplus to reduce the size of the stated
budget deficit without reducing the balances reported in the Superannuation
Accounts. While workers were paying their full share of contributions, the
government was effectively giving itself a contribution holiday. Needless
to say, the government didn't share any of these interesting accounting
tactics with its unions or workers. Government documents indicate
that the government needed to use the surplus to meet its deficit
reduction targets a surplus which had grown to about $30 billion
by 2000. Court date still well in the future
The next step in the Discovery Process, the oral examination of witnesses,
started in February this year with the examination of the witnesses
to Treasury Board's documents. That part of the process will continue
into the fall. Then Treasury Board will have take its turn and examine
the unions on their documents. At this time, it is difficult to predict
how many witnesses will be called or how much time will be required
to complete the process. The actual Trial can't be held until the Examination for Discovery
phase has been completed. Once that happens, the Court will schedule
a Settlement Conference and assign a trial date. The earliest date
the Trial will likely take place is late 2004 or early 2005. PSAC will issue further updates as the case continues.
Bargaining Update
Gander: the longest strike in Canadian airport history is
over On April 7, 2003, 50 PSAC members working at Gander
Airport began what would become the longest strike in Canadian airport
history. The employer had rejected an offer to go to binding arbitration.
The workers went back to work on July 31, 2003, after the employer
finally agreed to binding arbitration to resolve the only issue left:
rates of pay. The parties signed off on the Terms of Reference for
binding arbitration and chose an arbitrator. All areas of agreement
between the parties took effect on July 31 when the employees went
back to work.
Treasury Board: the process has begun The parties exchanged proposals on August 1, 2003 and dates are set
for negotiations. The first meetings for Table 1 and Table 3 will
be held on September 16-20 and for Table 2 and Table 5, on September
23-27. 90 000 PSAC members are covered by the Treasury Board collective
bargaining. Big increases at London International Airport PSAC members of the London International Airport have ratified a
new collective agreement. The five-year contract has wage increases
from 12.5% to 29% over the life of the contract. Improvements include:
two additional flexible leave days for fire fighters and 10 additional
days of personal leave in cases of disability; and expansion of parental
leave without pay to 37 weeks. New contract at the Canada Council for the Arts
PSAC members at the Canada Council for the Arts ratified a three-year
agreement that took effect July 1, 2003. The 75 PSAC members at the
CCA held a ratification vote on July 2, just a few days after the
end of the previous contract. They will have a 2.3% pay increase the
first year and 2.5% for the next two years. They also gained improvements
on several issues like child care, meal rates and personal leave.
End of lock-out at the Old Port PSAC members
working for the Old Port of Montreal Corporation ratified a tentative
agreement which provides for wage increases up to 14%, additional
protection for part-time employees, better work schedules for permanent
employees, an anti-harassment clause and several gains in the area
of staffing.
The union and the employer met July 8 to sign a back-to-work agreement,
which includes a commitment from the employer not to impose any disciplinary
measure against PSAC members involved in the past conflict. Our members,
who have been locked out since May 26, went back to work on July 14,
2003.
Bargaining begins at CCRA PSAC served notice to bargain to the Canada Customs and Revenue Agency
on August 1. The union and CCRA exchanged demands electronically on
August 19. During the week of August 25th, the PSAC and CCRA teams
will meet and begin negotiations with a review of each other's demands
over a two-day period. Bargaining will reconvene from September 29
to October 5, inclusively, and from November 10 to 14, inclusively.
The union is working on increasing the number of days and frequency
that the parties will meet this fall. The agreement with CCRA expires
on October 31, 2003. Keep up to date by reading the CCRA bargaining information bulletins
which will be posted on the Web and distributed through the Locals
and Branches. Parks members gear up for bargaining About 35 members from Parks Canada will be attending the National
Bargaining Conference in Ottawa on Sept. 16 to 20. The delegates will
be reviewing the negotiations process, the demands and electing the
bargaining team members. The bargaining team will then finalize and
prioritize the demands and select the representative to the Co-ordinated
Strategy Committee. The union sent notice to bargain to the employer
around the end of July and expects to be exchanging demands with the
employer around mid-October.
Demands are exchanged
The PSAC and the Treasury Board formally exchanged demands on Friday,
August 1, 2003. You can read the demands on the PSAC web site. They
are in PDF format at the following addresses:
http://www.psac.com/bargaining/
treasuryboard/Table_1/t1_final-e.pdf
http://www.psac.com/bargaining/
treasuryboard/Table_2/t2_final-e.pdf
http://www.psac.com/bargaining/
treasuryboard/Table_3/t3_final-e.pdf
http://www.psac.com/bargaining/
treasuryboard/Table_5/t5_final-e.pdf Accomodation allowance in Yellowknife
The Privy Council Secretariat announced somes changes to the Special
Accommodation Allowance for PSAC members in Yellowknife, NWT. For
some PSAC members, the allowance will increase and for others, it
will be reduced. To find out the new allowance that applies for each
case, you can consult the Web site:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/ipgh-dpill/inysaa-inyisfl_e.asp
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