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

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