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Labour Board sides with Parks Canada workers, moves forward with Public Interest Commission

The Federal Public Sector Labour Relations Board has upheld PSAC’s decision to declare impasse in Parks Canada bargaining. In August, the employer disputed PSAC’s determination that both parties had reached an impasse in bargaining. They sent a request to the Labour Board arguing that declaring impasse was “premature” and that both parties had not sufficiently bargained.

The Labour Board disagreed with the employer and denied their request to delay the establishment of a Public Interest Commission (PIC). In a letter outlining the verdict, the Labour Board stated that PSAC’s Parks Canada bargaining team had “negotiated sufficiently and seriously” and therefore they would be recommending the establishment of a PIC.

Employer backs out of mediation

Both PSAC and the employer indicated that they would be open to mediation. Therefore, in August, the Labour Board assigned a federal labour mediator so that both parties could engage in mediation while waiting for the establishment of the PIC. PSAC told the Labour Board that it expected the employer to come to mediation with a complete monetary proposal and with a response to the union’s pay and workforce adjustment (WFA) proposals. In September, the employer responded that they were no longer willing to move forward with scheduled mediation because they have no mandate, despite initially requesting continued negotiations and mediation.

The Labour Board has scheduled a Public Interest Commission for Parks Canada bargaining January 27 to 30, 2020.

What is a Public Interest Commission (PIC)?

Under the law that governs contract negotiations in the federal public service, once impasse is reached, a PIC is established to help the parties reach an agreement. The PIC is a panel of three people – a chairperson appointed by the Labour Board and nominees appointed by the union and the employer. The union and the employer submit briefs and explain their positions on the outstanding issues at a hearing with the PIC. The PIC then issues a report with recommendations for settlement. The recommendations are not binding.

Once the PIC releases its report on Parks bargaining, PSAC’s bargaining team will meet to discuss the recommendations. Traditionally, following this, PSAC’s negotiating team and government representatives return to the table to resume negotiations.

Will we strike?

Regardless of which party forms government after the fall federal election, PSAC will continue pressing for a fair deal that addresses Parks members’ demands. However, if PSAC and the government are still unable to reach an agreement after the PIC report is issued, Parks members will have the legal right to strike. All members impacted will have the opportunity to vote in favour or against strike action. In preparation for this possible situation, PSAC will ensure that strike training is offered to members in the coming months.

Source: PSAC

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Treasury Board Walks

Despite the efforts of PSAC and the PA and Common Issues negotiating teams, the employer made a choice to walk away from negotiations.

The employer did not even book translation for Saturday, September 7, and chose not to inform the PSAC lead negotiator. PSAC and our bargaining team representatives were totally disrespected by Treasury Board negotiators, management representatives and the Privy Council Office.

With an election due to be called, the parties will not be able to resume negotiations until a new government is elected.

We will remember this.

 

 

 

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Treasury Board bargaining: PSAC strike timeline

The Labour Board has set dates for Public Interest Commission (PIC) hearings for four Treasury Board bargaining tables:

Once a hearing has taken place, a PIC report is generally issued within 30 days. After the reports are issued, each bargaining unit will be in a position to strike if members vote to walk off the job. 

The PIC process began when bargaining reached an impasse in May.

In negotiations, the government insisted on a wage cut once inflation is factored in as well as a waiting period of up to 18 months after contract signing for retro pay. At the same time, the government rejected our proposals to improve working conditions by:

  • implementing market adjustments where pay discrepancies exist;
  • providing a full top-up for the new 18-month parental leave option;
  • reducing contracting-out and precarious work in the public service; and
  • better addressing mental health in the workplace.

What is a Public Interest Commission (PIC)?

By law, once impasse is reached, a PIC is established to help the parties reach an agreement. The PIC is a panel of three people – a chairperson appointed by the Labour Board and nominees appointed by the union and management. The union and the employer submit briefs and explain their positions on the outstanding issues at a hearing with the PIC. The PIC then issues a report with recommendations for settlement. The recommendations are not binding.

Once the PIC releases its report, PSAC bargaining teams will reconvene to discuss the recommendations. Typically, PSAC’s teams and government representatives then return to the table to resume negotiations.

Will we strike?

Regardless of which party forms government after the fall federal election, PSAC will continue pressing for a fair deal that addresses members’ demands. However, if PSAC and the government are still unable to reach an agreement after the PIC reports are issued, members will have the opportunity to take a strike vote.  

History has taught us that the best way to avoid strikes is to prepare for one. Therefore, PSAC will ensure that strike training is offered to members in the coming months.

PSAC will also provide updates on the PIC process and other bargaining developments as appropriate.

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PSAC declares impasse as Parks Canada fails to engage in meaningful negotiations

Parks members have been bargaining since January, and each time they have been met with a reluctant, unprepared employer who continues to demonstrate they have been given no mandate on key issues. This leaves PSAC with no choice but to declare impasse.

Frustrations mount at the table

This week, PSAC’s Parks bargaining team tabled our final proposals that included the following:

  • A competitive economic increase for all Parks members to create parity with the core public service, which includes market adjustments to close wage gaps.
  • Measures to achieve pay parity for Park Wardens and Park Warden Supervisors in relation to other law enforcement. Park Wardens are highly-trained law enforcement officers who perform similar duties to that of federally-paid law enforcement, and yet, in some cases, Park Wardens’ salaries lag up to 27% below their counterparts.
  • Fair and transparent workforce adjustment measures to increase job security and provide a simple, clear process for downsizing based on seniority. A “last in, first out” system lessens the mental and physical impact of fear and confusion in the workplace.
  • An Indigenous language allowance, which is both a symbol of respect and reconciliation to the Indigenous community, and a matter of fairly compensating members who are providing this service to the public.
  • The addition of a term employment article, creating a condition of a three-year rollover and other measures which would lessen the precarity that these members experience.

Read PSAC’s proposals on Park Wardens, Childcare, Pay Administration, Mental Health, Workforce Adjustment and Pay Increases

An unprepared and unwilling employer

Unlike our bargaining team, the employer came to the table unprepared to discuss these important issues and unwilling to address past proposals (with the exception of domestic violence leave). The employer failed to discuss parity with the core public administration, declined to respond to our proposals on child care or mental health, and refused to make an offer or respond to any language on Phoenix pay protections and reimbursements, an issue of critical importance to thousands of affected Parks members.

In addition to this, over the last few months the employer has also tabled a number of concessions, such as:

  • seeking clawbacks on provisions to pro-rate family-related responsibility leave for seasonal workers;
  • requesting call back and reporting pay provisions to only apply once in an 8-hour period;
  • demanding limited access to overtime for any employee working the backcountry by subjecting them to workweek averaging measures;
  • failing to see the importance in providing workers with complete and current job descriptions; and
  • being unwilling to continue to provide members with a printed copy of the collective agreement.

Declaring impasse

After nearly 4 years of Phoenix pay issues, Parks Canada members deserve to be treated fairly and with respect. They do not deserve to be subjected to stalling tactics at the bargaining table with an employer who is uninclined to bargain meaningfully. Parks Canada members will be joining 90,000 Treasuring Board members in declaring impasse in negotiations and moving towards a strike position.

Take action!

July 20th is Parks Day, a day when we celebrate Canada’s beautiful parks and historic destinations, and the people who maintain them. This government claims to champion our environment, national parks, and historic sites, but they have shown continued unwillingness to respect the people charged with protecting it.

Remind the Minister of Environment, Catherine McKenna, and the Parks Canada Agency, that if they truly want to protect and preserve Canada’s mountains, forests, lakes and other beautiful habitats for future generations, they need to start with valuing the 4000+ public service workers who maintain them.

Tweet your support for Parks Canada workers!

Attachments:

PDF icon park_warden_article_en_final.pdfPDF icon childcare_en_final.pdfPDF icon article_58-_pay_admin_en_fr_pheonix_add_on.pdfPDF iconappendix_xx_mental_health_en_fr.pdfPDF icon parks_canada_demand_appendix_k_wfa_final_en.pdfPDF icon pca_pay_proposal_en-draft_sv.pdf

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Press Release – NBC Workers in Favour of the Agreement in Principle reached between PSAC and NBC

Ottawa – After 25 days on strike, an agreement in principle was reached between PSAC and the National Battlefield Commission (NBC) on Monday, July 16. The members voted overwhelmingly in favour of the agreement today.

Here are the highlights:

• Seniority is conserved for 24 months after being laid off
• Four members granted paid union leave to take part in bargaining sessions
• Fewer years of service required to obtain vacation leave
• Maximum days for union leave have been eliminated
• Thirty minutes paid to allow the Union to meet with new employees
• Possibility of schedule changes for employees on call
• Sick leave broken up in 30-minute segments
• The two-tier sick leave system has been eliminated
• The meal allowance is increased by $0.15 for every year of the collective agreement
• Compassionate care leave of twenty-six weeks with a 93% complementary payment
• Family has been broadened for bereavement leave: grandparents (5 days) and nephews/nieces have been added (1 day)
• Every month, 3.75 hours have been granted for pregnant members to undergo routine checkups
• Three-weeks paid dependency leave
• Four-day paid leave in the event of domestic violence. The day when the incident occurs will be paid by the employer.
• Paid representatives, interested parties and witnesses for any hearing of the Tribunal administratif du travail in the event of a work accident
• Improved grievance procedure
• Safety boots for employees assigned to winter duties reimbursed up to a maximum of $150
• Snow removal contract reclaimed
• Clause related to the performance review improved
• Task description committee has been established
• Adding gender identity as a principle of non-discrimination
• Task descriptions can be accessed at the request of employees
• Guidance of employment agencies
• Presence of local executive during the hiring process
• Monitoring of outsourcing
• No loss of salary if employee is suspended for a disciplinary investigation
• Students will have the right to be treated the same as employees

The duration of the collective agreement will be for five years including a “tow” clause (clause “remorque” en français) with the Treasury Board, as well as a new pay grid with a wage “catch up”. Members will be positioned in this new grid depending on seniority:

• 0 to 2 years – increment 1
• 2 years and more – increment 2
• 3 years and more – increment 3

A huge thanks to the negotiating team, the Local executive, the UNE Quebec Regional team, the PSAC Quebec team and staff, and to Natalie Rainville for their tireless efforts.

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Parks bargaining team heads back to the table July 16

PSAC’s Parks bargaining team will resume negotiations with the Parks Canada Agency from July 16 – 18 in the national capital region. Our team is eager to make further progress towards a fair collective agreement for over 4,000 employees working at Parks Canada locations nationwide.

Last time at the table:

Last month, PSAC’s bargaining team continued to push for demands that would establish parity with the core public administration and discussed important issues such as mental health in the workplace and improvements to maternity / parental leave. They also:

  • tabled language that would improve Park Wardens’ terms and conditions of employment,
  • proposed the creation of a joint committee on child care, and
  • made a presentation to the employer on the benefits of joining the National Joint Council (NJC).

Be informed and get involved:

  • Sign up for bargaining updates.
  • Make sure your membership information is up to date.
  • Check out the Parks Canada bargaining team page on our national website.
  • Show support for your bargaining team on Facebook and Twitter.
  • Talk to your colleagues about your work contract, benefits, and protections.
  • Participate in any upcoming information sessions in your region.

Stay informed and spread the word!

 

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Press Release – Why is there a second battle at the Plains of Abraham?

Ottawa – UNE National President Kevin King will be on the picket line in Québec City, on Thursday, July 11, from 7am-11am, in solidarity with the UNE members on strike.

As of Tuesday, June 25 at midnight, UNE workers from the National Battlefields Commission (NBC) – Local 10206 – based in Québec City have been on strike and are still on the picket line, while negotiating a new collective agreement.

Our members provide information, animation and general maintenance services at the Plains of Abraham and its museum.

The Union of National Employees (UNE) is 100% supporting this strike action and supportive of the bargaining demands. The members are now entering their 16th day on strike.

“Our members have been without a new collective agreement since October 31, 2017. It is long overdue for them to have a new one with equitable salaries, good benefits and respect from their employer. These workers perform important duties preserving Canadian history. It is time for the federal government to step in and resolve the situation”, Kevin King declared ahead of his visit.

For Media Enquiries
Aurélie McDonald, Communications & Research Officer (613-298-7892 or aurelie.mcdonald@une-sen.org)

Stay Connected
Follow us on Twitter: @UNE_SEN

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Negotiations resume for Parks Canada members

Today, PSAC’s Parks bargaining team will be returning to Ottawa to negotiate with Parks Canada representatives. Meetings will take place over three days from May 28 to 30.

Last time, PSAC’s Parks negotiating team saw some movement at the bargaining table, but in small increments. Although the employer did come to the table with more language, they still showed reluctance to move on major items.

WATCH: What’s at stake for Parks Canada workers

Members of the Parks negotiating team discuss the important issues on the bargaining table this round and share what members can do to support the bargaining process.

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Parks Canada: Negotiations progress gradually

This week, negotiations continued towards securing a new collective agreement for over 4,000 Parks Canada members. Bargaining teams from both sides met in Ottawa from April 30 to May 2.

PSAC’s Parks negotiating team saw some movement at the bargaining table, but in small increments. Although the employer did come to the table with more language in this round, they still showed reluctance to move on major items. Most of the negotiations this week focused on non-monetary articles.

Securing Phoenix protections

This week, our negotiating team tabled our Phoenix pay administration proposal, which includes language to secure interest on monies owed if the employer fails to pay employees on time. This provision also includes reimbursements for members who have to seek accounting and financial management services to remedy inaccurate income reporting. Also included are other provisions to protect employees such as deduction rules for overpayment and emergency salary advances. The employer has yet to respond to this proposal.

The importance of domestic violence leave

The highlight of the week was our presentation to the employer on the value of domestic violence leave. PSAC presented overwhelming research on what’s at stake for those experiencing domestic violence and how this impacts the workplace. Our team emphasized the importance of accommodations and the cost of doing nothing. The employer seemed receptive to this proposal, which resulted in a productive discussion.

No progress on key items

Discussions continued on other bargaining demands such as vacation leave, whistleblowing, the Joint Learning Program, designated paid holidays, vacation leave, injury on duty leave, and joining the National Joint Council. During this time our bargaining team secured minor improvements to harassment language and in the articles relating to the definition of family.

Bargaining team rejects clawbacks

Unfortunately, the employer continues to ask for concessions concerning seasonal employees. The employer wants to prorate the number of family-related days for seasonal employees which would ultimately reduce the amount of leave members would have access to. Our negotiation team firmly conveyed to the employer that we will not accept concessions.

Parks Canada negotiations are set to continue May 28 to 30.

Source: PSAC

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Phoenix: PSAC escalates pressure on government with buildings shutdown

This morning, over 500 PSAC members rallied and blocked entry into two major federal government buildings in Ottawa as they expressed their mounting frustrations with Phoenix and urged the Trudeau government for more action.

“We have told this government that if they do not make more progress in paying our members correctly, and compensate them for the massive impacts of this disaster, that we would escalate our actions. That’s why we’re here today.” said PSAC President Chris Aylward.

“Federal Public Service workers have been showing up to work every day, delivering the services Canadians rely on, despite the mess Phoenix has created in their lives. Our members have been paying for the government’s mistakes for years. It’s time for the government to start paying them back.”

The union is calling on the government to remedy the situation by:

  • Paying damages to all public service workers for the great financial and emotional hardship they have endured
  • Providing the additional staffing and training needed to:
  • assist members at the Client Contact Centre and the Public Service Pay Centre;
  • reduce Phoenix cases by ensuring HR data is entered on time;
  • eliminate the backlog of Phoenix cases, including implementing collective agreements and delivering retroactive pay
  • Delivering a clear and accountable timeline to stabilize Phoenix, eliminate the backlog, and transition to a new pay system

Damning figures from the recent Public Service Employee Survey provided overwhelming support for the union’s demands.

“To add insult to injury, while our members continue to wait to be paid correct, this government has also delayed delivering a fair deal for over 100,000 PSAC members at the bargaining table. We won’t allow this government to keep taking our members for granted.”

Source: PSAC