PSAC Union Update for the period February 5 - 16, 2001
Following fruitless efforts to negotiate collective agreements for some 110,000 federal government workers, the PSAC on February 1st requested that the Public Service Staff Relations Board proceed with the establishment of conciliation boards and/or appoint conciliation officers in an attempt to settle the outstanding issues.
"Following two weeks of bargaining for each of the Treasury Board Tables - 1, 2, 3 and 5 - it is clear that further face-to-face negotiations will not result in the achievement of fair and equitable collective agreements for these members," said PSAC National President Nycole Turmel. "This became very evident when the federal government announced 8.7% increases for the Executive cadre and full-time Governor-in-Council appointments retroactive to April 1, 2000, at the same time as our members were being offered 2%."
"Our members, as well as all unionized federal public sector workers who work directly and indirectly for the federal government, have been victimized by a double standard that sees the elite of the government's workforce receive substantial real wage and perquisite increases while they are subjected to increases at or below the inflation rate," added Turmel. "In addition," she said, "the federal public sector executives will receive regular increases for the next 10 years, increases based on what is happening in other areas of the economy. However, when we attempt to bargain for front-line workers, Treasury Board consistently resists comparisons with the rest of the economy for these workers."
"Our members have said enough is enough and unless the federal government puts forward a more realistic package which more closely mirrors the wage pattern that is emerging for the 'elite', we are on a collision course headed for a showdown. No one wants a strike - not the government, not the workers involved, not the PSAC and not the public. However, with the federal government's double standards and antagonistic method of negotiating, they are setting up the framework for such actions."
Turmel requested a meeting with Treasury Board's President, Lucienne Robillard, to discuss the issue of how wages and wage mandates are determined. In addition, Turmel urged the House of Commons and Senate Party Leaders to establish a parliamentary process to review this double standard.
The groups affected are Program and Administrative Services (Table 1), Operational Services (Table 2), Technical Services (Table 3) and Education and Library Science (Table 5).
Public services on the block... everything must go! "Everything that used to be considered public - education, health, seeds, genes, culture and heritage, even air, water and land is being put on the open market," said Maude Barlow of the Council of Canadians in a recent address to the PSAC National Board of Directors. "Services at all levels are being targeted by transnational corporations. But some governments have stymied them up to now. That's why the World Trade Organization (WTO) and other trade agreements are being used to pry open governments who are stubborn on privatizing public services."
According to Barlow, over 100 countries have already offered up health care in trade agreements. Forty countries have given up a large part of education. Canada has been the exception - up to now. Unfortunately, our country is now taking a leadership role in trade talks where every public service is on the table.
If you think Canada's public services are safe, think again. Most countries have already abandoned their public services. Private health care business is flooding into South America and doing its best to take over Canada's health care system. Privatization in schools is big business where 1% of services privatized translates into $1-billion to be earned and teachers and other education workers are seen as impediments.
Trade agreements are not just about breaking down tariff barriers any more, they're about breaking down environmental standards, regulations and labour and human rights; they're about power being transferred from nation states to transnational corporations.
Barlow stressed the need for urgent action. "We are on the cusp of losing our public services. But we stopped the Multilateral Agreement on Investment (MAI) and we stopped the WTO meetings in Seattle. We have to build a different international system. We have to work together across boundaries. We can't stop now. We will either win or lose big. Everyone, including PSAC members, are needed."
The tentative agreement reached on January 12, 2001 on behalf of PSAC members at the Canada Science and Technology Museum Corporation has been ratified. The members voted in favour of this agreement on February 5. The new collective agreement has a duration of two years, from April 1, 2000 to March 31, 2002.
The agreement provides for the following economic increases:
* a 2.5% salary increase retroactive to
April 1, 2000;
* wage restructuring adding a step valued at 2.5% of the former maximum
to all levels effective April 1, 2001 in addition to $1000 to all steps in the Computer
Services (CS) group and $1,200 to the General Services (GS) group at the GS-00 level;
* a 2.5% salary increase for all employees effective April 1, 2001.
The addition of an increment step will immediately benefit a large segment of the bargaining unit, given that some 70% of the membership is currently at the top step.
In addition to these improvements to rates of pay, some premiums were increased, and the agreement contains improvements to leave provisions of both short and long term duration. Finally, the agreement contains a Deferred Payment Leave Plan article and language in the Maternity and Parental Leave article. As of January 1, 2001, parental leave benefits have been extended by an additional 37 weeks.
Negotiations between the PSAC and the National Gallery scheduled for January 31 February 2, ended after just one day. The parties signed off the Education Leave/Professional Development Activities Article and made some progress in finalizing the No Discrimination/No Harassment Article. The Employer outrightly rejected a union-developed anti-harassment policy document derived from a Canadian Human Rights Commission Employer's Guide To Workplace Anti-Harassment Policies. The employer also refused to include "Zero Tolerance for Abuse of Authority", a phrase the union feels is essential and is a top priority demand.
In response to the union's request for a monetary position, the Employer replied that we have received their monetary package. The only monetary position we have from the Employer is their original position which calls for the elimination of some severance payments, no service pay for appraisals lower than satisfactory, a decrease in safety footwear reimbursements and calls for a 5-year agreement with increases of:
1st year - 0.8%
2nd year - 0.9%
3rd year 1.0%
4th year 1.1%
5th year 1.2 %
Both parties agree we are at an impasse on a number of non-monetary issues, and all of the monetary demands remain outstanding as well. A conciliation officer has been appointed and the parties will meet February 19 and 20 with the conciliator's assistance. Additional dates of March 1 and 2 have also been scheduled, if necessary.
In the meantime, a meeting of the National Strike Coordinating Committee has been called to discuss the steps necessary to conduct a strike vote at the National Gallery.
The PSAC met with the employer from January 30 to February 1 for the first set of negotiations on behalf of members at the National Energy Board. The union's team tabled a comprehensive package of bargaining demands. The employer's team also tabled their demands which would reduce benefits the workers currently enjoy. A few minor items were agreed to and signed off with several items close to being signed off.
The next bargaining session is scheduled for February 20 to 22 at which time the parties will either reach a tentative settlement or an impasse. Should an impasse be reached the issues in dispute will go to arbitration.
The new tentative agreement reached January 31 on behalf of PSAC members at the Non-Public Funds, Director General Personnel Services, has been ratified. The agreement will expire February 29, 2004 and provides for:
* a new pay grid effective March 1, 2001
which includes a 3% economic increase;
* economic increases of 2% effective March 1, 2002 and 2.5% March 1, 2003;
* introduction of 17 weeks of paid maternity leave;
* lump sum payments to all full-time bargaining unit employees on payroll as
of date of ratification;
* improvements in vacation leave.
The February 1st health and safety decision for PSAC members working as Park Wardens in National Parks, validates the union's concerns that the Parks Canada Agency does not offer them adequate protection in the performance of their duties as Peace Officers.
"The Human Resources Development Canada (HRDC) Labour Program decision, has confirmed our position that Park Wardens working in Canada's National Parks should receive the same level of protection that any other Peace Officer in North America receives," said Ed Cashman, national president of the PSAC's National Component. "And we are pleased that the decision orders Parks Canada to discontinue law enforcement activity that constitutes a danger until these workers are provided with the necessary personal protective equipment," Cashman added.
The Canada Labour Code, Part II decision is the result of the investigation of a complaint filed by a Park Warden from Western Canada. The PSAC member's complaint contained concerns about the lack of protective equipment required to carry out the duties of his position as a law enforcement specialist.
The decision pointed out that: "Wardens who are expected to engage in law enforcement activities such as patrols, intelligence gathering, investigations of possible offences, and arrests, for resource management purposes and the maintenance of the public peace, activities in the performance of which they may find themselves at risk of grievous bodily harm or death, are not provided with the necessary personal protective equipment".
Cashman added that in October 2000 the Government of Canada reaffirmed its commitment to fostering safe workplaces. "This was further reaffirmed when the government passed amendments to Part II of the Canada Labour Code which will ensure that workplace health and safety concerns, on the whole, are identified and resolved in a more flexible and timely manner."
"It is therefore incumbent on Sheila Copps as Minister of Heritage Canada to follow her government's commitment by respecting the law and ensuring that all Park Wardens are provided with the proper protective equipment required to carry out their law enforcement duties. Park Wardens do not have the option of dialing 911 and, in most parks, Park Wardens are the only law enforcement officials readily accessible.
"Minister Copps does not have the long-term option of delegating the law enforcement duties to the RCMP or Provincial Police because police officers in their jurisdictions do not have the resources or staff to suddenly take up law enforcement in National Parks.
"We share a common commitment with the employer to ensure public safety and the health and safety of Parks Canada workers. This is exactly why our union has been pushing the employer to offer proper protective equipment," concluded Cashman.
The Table 3 team met with the employer during the week of January 22, 2001. Although it was a very busy week for the team, there was very little progress on any of the Table 3 demands.
One significant accomplishment was the release and tabling of a joint report from the sub-committee on Captive Time, which incorporates data from both Treasury Board and PSAC surveys. The PSAC team believes this data will help substantiate its Captive Time demands.
Parties agreed to include the health care plan under the National Joint Council (NJC); to transfer two more Table 3 demands to the Technical Table; and to incorporate into the Table 3 agreement the two items resolved at the Technical Table: Maternity/Parental Leave and Expedited Adjudication.
Other issues discussed include a request to update Appendix C (Memorandum of Understanding for Fishery Officers working on offshore surveillance); the demand to extend the Penological Factor Allowance to Table 3 members outside of Correctional Services Canada; an allowance for Fishery Officers to acknowledge the unique and extreme threats they experience as the situation at Burnt Church demonstrated last summer. There are a significant number of operational issues at Table 3 that the Employer simply failed to address. And on leave demands, the overall package presented by the employer, and rejected by the team, would have the effect of decreasing entitlements and is less than what was offered at other tables.
Finally, the employer's pay proposal, the same as what was presented to other tables, was rejected by the team, as it was by the other teams. The Employer's pay position is particularly frustrating at Table 3 where there is an ongoing wage gap with workers in the private sector, and growing retention and recruitment problems. In fact, the Auditor General of Canada, in his recent report, expressed a concern about the government's ability to address the recruitment challenge. The report states that existing recruitment and career development processes are insufficient to meet expected demands.
The Correctional Service Canada (CSC) decision to implement Canada wide searching of all staff entering federal institutions, that began in Ontario on February 2, and in Quebec the following Monday, should be suspended until meaningful consultations with the union representing these workers are completed.
According to Lynn Ray, National President of the Union of Solicitor General Employees (USGE), the decision to start searching staff is premature and should be delayed until after the CSC and the union come to an agreement. "We were told by the CSC that extensive consultations were to take place before implementing this decision. But these consultations were never undertaken. The Correctional Service wants to go ahead, while they have not assessed the consequences of this decision."
USGE represents 8,900 workers at Correctional Service, of which 2,200 work in Ontario and 2,400 in Quebec.
"Although we asked for the rationale behind this decision," added Ray, "we did not receive any response. We want to know why the CSC wants to impose this new procedure now? They have refused to produce data that shows an increase in unlawful acts involving staff to support this idea. Because this decision is not supported by any study or research, we know what will be the most important consequence of this decision: it will bring mistrust amongst the whole CSC staff."
PSAC members in the National Capital Region are reminded every day, in some 575 buses circulating in Ottawa and Hull-Gatineau, that their union is offering education courses in union training that suit their needs. The bus campaign launched in January, is the brainchild of the Education Committee of the National Capital Region Council and staff of the Ottawa Regional Office.