Union Update
August 7 to September 1st, 2006
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In this issue:
Stop the use of scabs
We have another chance to push for the adoption of anti-scab legislation.
You should ask your federal Member of Parliament to vote for Bill C-257, which would ban the use of replacement workers (scabs). If adopted, this legislation would apply to all employers governed by the Canada Labour Code.
The PSAC joins the Canadian Labour Congress and many other unions in supporting this Bill that was tabled by the Bloc Québécois, as well as a similar Bill tabled by the New Democratic Party.
If you want to stop the use of scabs and provide some balance of power between workers and employers, tell your MP that you want him/her to vote in favour of this amendment to the Canada Labour Code. Remind your MP that she/he was elected to represent you.
Debates on this Bill will resume in Parliament in mid-October. In the meantime, write to your MP, call him/her or, better still, visit him/her to discuss the issue. It's a good idea to start with the MPs who voted against similar amendments to the Canada Labour Code in 2002 and 2005, because they could well do so again.
To get more information on Bill C-257, as well as tools and materials to help you with the campaign, and to email your MP on-line, visit the PSAC web site at www.psac-afpc.com.
Singing marriage rights
Four members of PSAC local 70044 in Ottawa, recorded a song in support of same-sex marriage rights. Darren Rogers, Uncle Dennis, Garett Pratt, and Warren Kidd are members of a Canadian indie band called The Habit. The group just released a song in support of equal marriage, called "Fighter," on its web site, www.thehabit.ca .
Newspapers and web sites in the U.K., Germany, Japan, Belgium and Spain have already picked up the story, and literally thousands of people have downloaded “Fighter.” Canadians for Equal Marriage has endorsed the song that was written following Prime Minister Harper’s decision to reopen the debate around same-sex marriage rights in Parliament.
Bargaining Update
Bargaining input process begins at Parks, Treasury Board
The process of gathering bargaining input for the upcoming round of Treasury Board and Parks Canada negotiations has begun. Components with members in these units have until November 30th to submit bargaining input.
While each Component has its own internal process and deadlines for receiving the input from their Locals or Branches, the PSAC has prepared a Program of Demands document for these units that will help Locals/Branches in formulating their input. The document has been sent directly to Locals/Branches with Treasury Board or Parks members, and to national and regional Component officers.
Locals/Branches are encouraged to meet with their members to solicit their ideas and to determine their priorities for the upcoming round of collective bargaining.
CFIA National Bargaining Conference
The National Bargaining Conference for the Canadian Food Inspection Agency bargaining unit will be held in Ottawa from September 12-15, 2006.
Pension surplus litigation:
No out-of-court settlement, trial to resume in February 2007
Rumours have been circulating that there have been discussions for an out-of-court settlement in the pension surplus litigation against the federal government. These rumours are false. As far as the PSAC is concerned, the legal proceedings will resume on February 27, 2007. The PSAC is committed to continuing the litigation in Court and fighting to restore the $30-billion pension surplus back into the pension accounts.
The Court has reserved six weeks, beginning in February, for opening arguments and presentation of evidence and expert testimony. This stage of the trial will be followed by a three-week recess. After the recess, the Court has reserved a further three weeks for closing arguments. Once the trial has concluded, the Court will work on its judgment.
We will post updates on the PSAC web site as information becomes available.
2007 PSAC National Health and Safety Conference
The 2007 PSAC National Health and Safety Conference will be held January 19 to 21, 2007, at the Ottawa Marriott Hotel in the National Capital Region, under the theme “Regulation Works!”
The objectives of the Conference are:
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to outline the current government and employer agenda which includes deregulation and to demonstrate how it will affect our health, safety and environmental rights;
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to develop a union agenda to counter the move towards deregulation of health, safety and environmental protections and employer voluntary compliance;
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to expose the misrepresentation behind the current "behavioural-based safety programs" being promoted by employers which rework the classic "blame the worker" theory;
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to develop union tactics to counter the "myth of the careless worker;" and
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to examine the current state of enforcement of health and safety legislation in order to develop union-based strategies that will better protect workers.
The deadline to apply to be a delegate or observer to this Conference is October 5, 2006. The registration package and more information can be obtained from http://www.psac-afpc.org/what/healthsafety/2007conference-e.shtml.
PSAC waiting for Court dates in pay equity complaint against Canada Post
After filing a pay equity complaint against Canada Post Corporation in September 1983, PSAC finally won its case before a Canadian Human Rights Tribunal. But almost a year after the Tribunal’s decision, our members are still waiting for their money.
On October 7, 2005, the Tribunal substantiated our complaint and found Canada Post guilty of wage discrimination against the workers in the clerical group. Canada Post immediately appealed the Tribunal’s decision. PSAC subsequently filed an appeal on the grounds that the Tribunal had cut the amount of the estimated award by 50 per cent. The union considers this decision by the Tribunal to be legally unjustified as there was no evidence presented during the hearings that showed the wage gap was being overestimated by PSAC’s witnesses.
Canada Post’s grounds for the appeal are essentially all the old arguments they had raised before the Tribunal. Over a ten-year period, the Tribunal had carefully considered these arguments and rejected them. However, it seems Canada Post prefers to keep fighting the case instead of paying what they owe.
At this time, PSAC is waiting for the Federal Court (Trial Division) to set hearing dates. Both Canada Post and the PSAC’s appeals will be heard at the same time. It is probable that the appeals will not be heard by the Court until mid-2007. We expect that the hearings will take several weeks but it is too early to confirm this or to estimate how long the Court may take to issue its decision. Once the Federal Court (Trial Division) decision is issued, both parties have the right to appeal the decision to the Federal Court of Appeal.
Unfortunately, after waiting 23 years for economic justice, our members must wait even longer, thanks to an employer that refuses to acknowledge their pay equity responsibility.
Updates will be posted on the PSAC web site as information becomes available.
Treasury Board trying again to derail PSAC’s pay equity claim against separate employers
Treasury Board is continuing to try to block our pay equity claim against separate employers from ever going to court. The government has filed preliminary pre-trial motions in yet another attempt to derail the complaint.
October 27, 2006, has been set as the date in the Federal Court (Trial Division) to hear their pre-trial motions. This latest tactic will prevent the case from being heard at trial by at least six months.
The government has been trying to disqualify PSAC as a party to the complaint. As a result, a number of PSAC members will be named in the complaint in order to eliminate this line of attack.
These government tricks come as no surprise but are nevertheless reprehensible. It’s just one more example of the overwhelming need for a federal proactive pay equity law that will put the onus on employers to prove they are paying equal pay for work of equal value.
Updates on this case will continue to be posted on the PSAC web site as information becomes available.
The Statement of Claim was filed in November 2000 on behalf of current and former PSAC members working for a number of separate employers. The case has been repeatedly delayed due to government interference, including a series of unsuccessful legal challenges to have the case dismissed.
Labrador: Bridging the gap on workplace learning
Workers today face many challenges in gaining the right skills to adapt to the changing demands of work and life. They need higher levels of education and skills to find and keep good jobs. Workers with limited skills and, in particular, low-literacy skills often find themselves in jobs that have no employment security, low pay and limited career opportunities. Young people with limited education and skills, women who have been out of the work force, older workers and workers who have fallen victim to restructuring and new technology are the most vulnerable.
The Newfoundland and Labrador Federation of Labour (NLFL), at the request of PSAC, has been in discussion with UNDE Local 90125 and management representatives at the SERCO facilities in Goose Bay, Labrador, to address this issue by establishing a workplace learning program. A literacy and workplace training awareness presentation and a nine-hour Canadian Labour Congress module on literacy and clear language were delivered to the union and management in March of 2006. As a result of these discussions and presentations, steps were taken toward establishing a workplace training strategy and program.
The first step in organizing the program was to conduct a needs assessment. This was achieved through a partnership with Human Resources and Skills Development Canada and the use of ESPORT, a computerized Essential Skills assessment and planning tool to help people prepare for other entry level occupations. Through this first step, workers were able to identify and compare their current skill levels against what they would like to do and to identify skill gaps. The project was managed through a coordinator employed by the NLFL to provide on-going support and assistance to the project and to oversee the training and facilitation.
This first step began in March 2006 and ran for about six months. Fifteen facilitators were identified, comprising of mostly union executive, members and some management. These facilitators provided on-site assistance to workers who used the computer-based needs assessment system. Working with the results of this project, the next step will be to determine what needs to be done to initiate a workplace training program at this SERCO worksite.
The success of this project, so far, has come from the commitment and support of the union, senior management, supervisors and workers toward having a learning program in place. Ongoing discussions and further development of strategy, thoughts and ideas will be broadened, building towards a mandate that will foster a working culture that supports a continuous learning environment. This is vital to helping prepare workers for the workplaces of tomorrow.
PSAC 2006 Scholarship Program
The deadline for the receipt of applications for the PSAC 2006 Scholarship Program has passed and applications are no longer being accepted for this year. The applications will be reviewed and 15 scholarships granted this fall.
Information about the 2007 Scholarship Program will be posted later this year.
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