UNDE - Essential Services

Essential Services

Report of meeting - May 18, 2006 - PSAC Building

UNDE staff officer Gael Pavia and the undersigned attended the subject meeting with PSAC. The agenda included:

Update on correspondence from AEC to Treasury Board
Update on Meeting with Labour Relations Community
- Form 13
- Role of job description in determining ESA
Training and Education
- Role of the PSMA Officer
- Timeframes and training modules
- ESA WEB posting (not discussed)
Example of cases to be challenged
- If we cannot challenge the level of service, what can be challenged and when?
Timelines
- Draft version of an example going through the whole negotiation process from the beginning to strike action.
ESA
- Essential Services Agreement Updates – Component Staff
- Defining different levels within the ESA (Code 1, 2 and 3)

1. The letter to Treasury Board from the Alliance Executive Committee, encouraging early consultation on Essentials Services, has not been sent as yet. Sending was postponed due to the PSAC Triennial Convention. It is hoped that the letter will be sent within the next two weeks.

2. PSAC's Exclusions and Designations Officer, Stephanie Copeland, stated that she attended a meeting this past on Monday, May 15 to discuss various aspects of the negotiations on essential services process, some of which were raised at the meeting with components at the April 5, 2006. Regardless of how the negotiation of essentials services is agreed to within departments, Treasury Board was advised that National Offices of components must receive all protocols related to the members they represent (some components have membership in more than one department, copies of all proposals, current and accurate work descriptions and related organization charts. Stephanie also reinforced that the decision makers must be at the table, not just Human Resources representatives.

Stephanie outlined the five (5) steps in the Negotiations on Essential Services Process:

Identify the service, facility and or operation – employer’s responsibility, can be challenged
Determine the level of service – employer’s responsibility, cannot be challenged
Determine the number of positions required to meet the level of service – consultation, can be challenged
Review the work descriptions to identify the essential service – consultation, can be challenged
Identify the persons to be declared essential – consultation, can be challenged

PSAC suggests very strongly that any disputes be sent to the PSAC immediately. PSAC also recommends that we use code 3 as a starting point for all positions. It was also confirmed that a code 2 (alternate) must be assigned to a specific position as it was in the past designation process.

PSAC suggests that protocols should include timings of how the process will unfold, process for notification and amendments, dispute resolution (during a strike), and how code 2s and 3s will be notified.

“Requirement to be available” pertains to code 2s and 3s. What does this mean? PSAC Legal Branch is developing a clear definition. A table explaining Code 1, 2, and 3 was distributed.

PSAC also advised Treasury Board that future amendments will be considered in cases of reorganizations or reassignment of work. But NOT just because someone was forgotten.

Form 13s. These discussions are ongoing. UNDE identified that the form 13 format worked well. It covered off the notification aspect and the “pass” to go across the picket line. PSLRB will not take responsibility for the process of form 13 and therein lies the problem.

3. PSAC's Theresa Johnson, introduced herself as the newly appointed PSAC PSMA Coordinator and described what her responsibilities are. She also reported that she intends to meet with every component to determine what individual and group needs are. She reported that the following PSMA training is now [or soon to be] available:

PSMA Training – 2.5 days is already available through the Regional Offices
Essential Services Agreements 101 – 1 to 2.5 hours. Written. Pending approval and translation
Negotiating Essential Services – 2 hours. Written. Pending approval and translation

Some discussion took place in regards to the delivery of PSMA training under the auspices of JLP. PSAC does not support this specifically in regards essential services because it was suggested that the training sessions could also be used for strategizing. For example, although a change in culture: now that we can consult on who the person declared essential is, would it be in the union’s interest to have a local activist in the worksite to ensure that all essential services are carried out?

UNDE has met with Theresa (May 9) to discuss the component’s needs.

4. Stephanie reiterated that PSAC will be looking for cases to test the new legislation. She requested that components look for functions that cross departments, ie Safety Officers and Compensation Clerks, for discussion at the next meeting. Also, flag new positions identified as essential, look for non-operational supervisors. More detailed information and instructions will be forthcoming from the PSAC Legal Branch.

5. Stephanie urged all components to get the process of developing a protocol done prior to the summer break. PSAC wants ALL essential services consultations completed with Treasury Board by May 2007. Several components, including UNDE, identified that they are still working on exclusions.

6. Component Updates. Based on component representative reports, there are still varying levels of progress amongst the departments. Gael reported that UNDE has a protocol and that we have been approached by DND to commence with negotiations on essential services. However, we are not done our consultation on exclusions.

Susan Jones, PSAC Collective Bargaining Branch, confirmed that notice to bargain is done four (4) months prior to the expiry of the collective agreement. For example, Table 1 expires in June 2007, notice to bargain would be served in the spring.

Due to scheduling conflicts, the next meeting will be held on June 15.

In Solidarity,

M. Chamberlain
Executive Vice President