Essential Services

Report of meeting - February 15, 2007 - PSAC Building

UNDE EVP attended subject meeting on Thursday, February 15, 2007.

Sister Stephanie Copeland, PSAC Chairperson, voiced her frustration that Treasury Board (TB) will not commit to anything and that TB is not prepared to pressure the Departments for timelines because there has been no notice to bargain served.

Sister Stephanie reported on her recent discussions with TB:

Form 13s: TB is not willing to commit to a replacement form or any requirement of proof. TB’s position is that they are only willing to meet the minimum requirement of the legislation and have suggested a letter.

Sister Copeland suggested that the Locals could maintain a copy of the registry form on the picket line. Concern was raised that in larger Locals, and where more than one PSAC component exists at a worksite, not all members would be known. One component identified that they have eight members with the same last name and same initial in the same Local. Sister Stephanie suggested that members could be asked to produce ID. PSAC will continue to pursue this issue with TB.

It is recommended that Locals include how UNDE members performing essential services will get into work into their Local strike protocols.

Code 3s: TB’s position is that no additional costs will be incurred because of Code 3s, ie standby pay in accordance with the collective agreement. Employees (UNDE members) will only be compensated for hours actually worked.

UNDE’s position is that if Code 3s are required to carry cell phones or pagers provided by Management, then they should be considered on standby and should be compensated in accordance with the applicable collective agreement. UNDE is only aware of one work site where this issue was contested during the last strike. When the issue of standby pay was identified, the issue was resolved.

UNDE is not aware that there was a significant number of code 3s called during the last strike. Individual Vice Presidents would be aware of the activities within their respective regions to know if there were issues with designated code 3s.

Concern was raised that members could be called in for only ½ hour to perform an essential service, the collective agreement specifies a minimum number of hours of compensation. Again it was suggested that this issue be discussed in conjunction with Local strike protocols.

Sister Stephanie will contact the PSAC Representation Branch for any jurisprudence on this concern.

Round Table

All component representatives reported on the status of the essential services negotiations in their respective departments.

On behalf of UNDE, I reported:

UNDE is still attempting to consult on excluded positions with little success.

Two members in each of the UNDE Locals where the employer is TB are receiving ESA training. In some areas UNDE members are encountering resistance to start negotiations, Managers are not trained, Managers are not ready; while in other areas Managers are attempting to go to the table before the Local is ready. We are dealing with individual circumstances as they arise.

It is UNDE’s intent to proceed with negotiations based on the original timelines [Local – March 31; National – May 31]. However, ADM HR Civ has granted an extension till April 30, 2007 at the Local level.

Sister Stephanie advised that because TB has not committed to anything, there are no official timelines. Components should continue to pressure the employer to commence negotiations.

In closing, it has become evident that UNDE has Locals co-located with other PSAC components, especially within the NCR. It would be prudent for the UNDE representatives to make contact with the other component’s representatives in regards to common issues, ie strike protocols and access during strike action.

Questions/comments welcomed.

In Solidarity,

M. Chamberlain
Executive Vice President