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Union Update

July 12 - 23, 2004

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In this issue:


PSAC talking to Members of Parliament about bargaining

The PSAC wasted no time alerting politicians to the possibility of federal public sector strikes as early as August. The day after the federal election, Nycole Turmel wrote to each of the leaders of the parties in the House of Commons asking to meet with them to discuss a number of key issues, particularly collective bargaining.

On July 15th, President Turmel met the entire New Democratic Party caucus. She advised the MPs that PSAC members at Treasury Board and the major Agencies have given their union strong strike mandates and that time is running out before these strikes take place. The meeting provided an opportunity to give some background on the lack of progress to date in negotiations with our federal employers. She noted that the Liberal government must stop delaying the process and start to bargain seriously if strikes are to be averted.

REVP (Atlantic) Jeannie Baldwin, in Ottawa for the Parks Canada Conciliation Board, also attended the briefing with the NDP caucus. She is meeting with individual MPs in the Atlantic region, from all parties, on the impending strike by our Parks members, and the state of bargaining for other federal public sector bargaining groups. REVPs in other regions are also initiating lobbying action that will continue over the summer months.

NDP leader Jack Layton is concerned about the Liberal and Conservative focus on privatization and wants to work with the union in this regard. He reiterated the NDP's commitment to defending public services and supporting our members.

PSAC is preparing to intensify its lobbying and political action activities. One of the first goals will be to put pressure on the government to reach fair settlements.


Miners at BHP join PSAC

Workers at Ekati Diamond Mines became members of the PSAC on June 30, after the Canada Industrial Relations Board approved the transfer of bargaining rights to the union.

The transfer of certificate as bargaining agent from the BHP Employees Association (BHPEA) to the PSAC was the result of an initiative by Ekati workers to find a strong national union that could help them represent their interest. The PSAC worked closely with the BHPEA for more than a year to bring about the transfer.

The PSAC is now preparing to negotiate a collective agreement for the workers at the mine.

Ekati miners attended the PSAC Health and Safety Conference in March 2004 just before they officially became PSAC members.

PSAC rallies at site of Acadian festivities

Parks workers in Nova Scotia rallied on July 12 in front of Grand Pré National Historic Site and the riding office of Member of Parliament Scott Brison to bring attention to an impending strike that may disrupt the 400th Anniversary of Acadia celebrations.

The festivities are being held throughout the summer mainly in the Atlantic region, and the Public Service Alliance of Canada, the union representing the Parks workers, warns that without an immediate settlement to their contract talks with Parks Canada, they will be forced to strike during the internationally promoted events.

"Hundreds of thousands of people from all over the world are expected to attend Le Congrès mondial acadien at Grand-Pré and numerous other events centered around national parks and historic sites in Atlantic Canada and Quebec ," said PSAC National President Nycole Turmel, who spoke in front of Brison's office. "Our union and our members want to avoid any disruptions to the anniversary celebrations. That is why we are urging the government and Parks Canada to give their negotiators a responsible mandate and present it to our negotiation team during this week's Conciliation Board hearing."

The union rallied in front of the MP's office because his riding will be one among many that will be severely affected by a strike at Parks Canada. Le Congrès mondial acadien will be held from July 31 to August 15 in Nova Scotia, where about 500 members of the union work, including in the Grand Pré historic site and the Cape Breton Highlands National Park. A high-profile mass will also be held on the closing day of the Congrès, on Aug. 15, with archbishops from across Atlantic Canada attending.

The PSAC has been negotiating with Parks Canada since October 2003 and began Conciliation Board hearings on July 12 as a last-ditch effort to come to a settlement. A report on the Conciliation Board hearing is provided under the bargaining update section of this publication.

"Our members do not want to strike and want to avoid any disruption to the Acadian Anniversary festivities," Turmel reiterated. "But the employer is forcing our hand. This isn't about the union refusing to accept the employer's offer. The employer has not made any significant or reasonable offer."


Bargaining Update

Conciliation Board for CRA has chair, hearing dates

The Conciliation Board for CRA will be chaired by Thomas Kuttner, who was named by the Public Service Staff Relations Board after PSAC and CRA's representatives were unable to agree on a chairperson. The union and the employer will be making their presentations to the Conciliation Board from Saturday, August 7, to Tuesday, August 10, inclusive .

Parks Canada Agency flops at conciliation board

In an unprecedented move by any negotiating party, the employer came before the conciliation board without a written submission of its proposals and declined to make a presentation on its pay position. At the end of the week of hearings, the employer made a last-minute wage increase offer of 2.25%, 2% and 1.5% in each year during the life of the collective agreement.

The union rejected the offer, which was well below the pattern of increases in other collective agreements in the public service. The employer also offered a 3% adjustment to address a 20-per-cent wage gap that was identified in a study supported by Treasury Board and the PSAC. The wage gap is among Parks workers in certain classifications and their counterparts in the private and public sectors. The union also rejected this offer for its extreme inadequacy.

As of the writing of this publication, PSAC was still waiting for the conciliation board to table its report, which is expected by August 10. Seven days after the submission of the Board's report without the parties coming to a settlement, in other words by August 17, the union will be in a legal position to strike.

Canada Post's position includes rollbacks

The first negotiation sessions with Canada Post were held from July 14 to July 16, 2004. On the second and third day, the parties exchanged bargaining proposals, provided brief explanations and answered some questions regarding their respective proposals. Finally, the parties started to address "administrative" and/or "housekeeping" issues. It is clear the employer's position includes some rollbacks, including the elimination of accumulation of severance pay for our members; amendments to the current language to allow the use of Canada Post employees outside our bargaining unit to fill vacancies of less than three (3) months; and the hiring of Co-Op students for a duration of four (4) months which would reduce opportunities for our members. Additional dates for bargaining have been scheduled in July, August and September.


Coming soon: Call-out for delegates to PSAC National Women's Conference

A call-out inviting interested PSAC members to apply to attend the next National Women's Con- ference will appear in the Union Update and on the PSAC Web site in August. The conference is slated to take place from February 17 to 20, 2005, at the Hyatt Regency Hotel in Vancouver. Watch for details in the coming issues of the Union Update.

Regional Women's Conferences to take place in September and November are being organized across the country. Contact your regional office for more information.


Tribunal chairperson resigns but the work goes on

The chairperson of the Human Rights Tribunal hearing PSAC's pay equity complaint against Canada Post has resigned from the Tribunal. No reasons for his resignation have been given. Nevertheless, the work of the Tribunal will continue and the remaining two members are finalizing the written decision in the case.

In other news, Canada Post had been relying on a Tribunal decision in a pay equity case involving Air Canada. Canada Post has been arguing that, for the purposes of pay equity, PSAC could not look at male-dominated groups for comparison purposes if they were in another bargaining unit. In other words, PSAC could not compare the work of PSAC/UPCE members at Canada Post with that performed by the male-dominated bargaining unit represented by CUPW.

The Federal Court of Appeal has now ruled that the decision by the Tribunal in the Air Canada case was wrong. As a result, Canada Post's argument is on shaky ground. The parties are to file their final submissions on the impact of the Federal Court ruling with the Tribunal in August.

It is possible that these developments may slow down the process somewhat but the union remains hopeful that the Tribunal's decision will be released sometime this fall.

Once the decision is released, it will be reviewed by the union and the employer and either party may seek a review of the decision by the Federal Court (Trial Division).


Deadline reminder

The applications for this year's PSAC Scholarship Program must be postmarked no later than August 15, 2004. The Program is offering 12 scholarships to PSAC members and their children for 2004. For details, visit http://www.psac.com/what/benefits/scholarships-e.shtml

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