January 22, 2007

PSMA

OPI - Mary Chamberlain

PSAC MONTHLY COMPONENT PSMA MEETING

Minutes of previous meeting were reviewed with no amendments.

Theresa Johnson, PSAC PSMA Coordinator, announced that PSST Complaint Process Training conducted in December 2006 was well received by all participants. Although there are still some concerns being voiced about the legalized process. The follow-on PSST Mediation Training will be conducted January 30 & February 1. Participants have been confirmed and notified.

UNDE asked when the members who have attended the staff training sessions December 2006 & March 2007 would be afforded the opportunity to attend PSST Mediation Training? UNDE was advised that the PSST Mediation Training will be coordinated by the PSAC PSMA Coordinator and the PSST for members to attend training being conducted in their respective regions of the country. UNDE will be responsible for all expenses incurred by the members who attended the staff training sessions (December 2006 and March 2007).

Secretarial Note: UNDE members and staff have/will have participated in the PSST Complaint Process Training as follows:

December 2006 (staff session) – 4 members, 3 staff
February 2007 (staff session) – 2 members, 2 staff
March 2007 – 7 members have been submitted (awaiting confirmation)

Discussion ensued in regards to cross component representations and that the financial compensation to members who provide representation may vary from component to component. The various components explained how their members are compensated. UNDE’s compensation is covered in the UNDE By-laws/Policy Guidelines (page 31, item 4).

Who will hold the list of trained PSST Complaint Process Representatives? Theresa stated that the list will be held centrally by her office in order to monitor complaints being represented and by whom. But that she will share with the components. Members who consistently refuse to do a representation will be removed from the list. Components were requested to reciprocate with the sharing of information.

It was re-emphasized that members and representatives in the field must advise their component and the PSAC when a complaint has been filed. The PSST will advise the affected department but not the bargaining agent.

The PSAC Advanced Representation Training – Public Service Staffing Tribunal is not available electronically at this time. And it is currently in translation for the upcoming course in February. Theresa distributed some handouts and encouraged component representatives to visit the PSST website on a regular basis:

Public Service Staffing Tribunal

PSST Hearing Schedule

Policy for the Scheduling of Hearings, Postponement and Mediations

Theresa also distributed a document on «How to Read a Legal Decision» which was prepared by Edith Bramwell, PSAC Legal Officer. Edith explained that the precedence of the courts listed is in reverse order of authority. She also explained that parties must provide disclosure of the facts but not their case law. Instances may arise when representatives are presented with a stack of case law and given a very short time to review and prepare arguments. She also stated that past case law may still be relevant but cautioned members to ensure that they do their research to ensure that a more recent decision has not been issued which overturns a previous decision.

Next meeting – to be confirmed.

In Solidarity,

Submitted electronically,

M. Chamberlain
Executive Vice President