March 29, 2007

PSAC MONTHLY COMPONENT PSMA MEETING

UNDE EVP attended subject meeting on March 28, 2007. Minutes of January 22, 2007 meeting were reviewed with no amendments.

Appointment following reclassification under the new PSEA. Concerns have been raised by components representing members at Service Canada, Environment and Public Works in regards to situations where a member’s substantive position has been reclassified and the member has been advised that there will be an appeal/complaint period. It was also identified that this process applies to career progression programs, ie apprenticeship.

There were varying understandings and opinions on whether the right to appeal/complain an appointment on reclassification was actually new. Some representatives stated that this is not new, that even under the old legislation notices of reclassification were posted in the workplace with a right to appeal identified.

Sister Edith advised that the right of the incumbent to retain their position on reclassification was not explicitly retained in the new PSEA. However, Management does have the right to appoint without competition if the appointment can be substantiated and withstand scrutiny, ie the incumbent has been adequately performing the functions and responsibilities prior to the reclassification.

Sister Edith also stated that the union could eventually find itself at odds whereby we are obliged to represent the interests of the incumbent but at the same time respecting the rights of all members. She cited a recent incident whereby Management had taken two similar positions, removed many of the responsibilities from one incumbent, assigned them to the other incumbent which then resulted in the second position being upgraded, and the incumbent reclassified with the upgrade. In the past, the union has represented the complainant leaving Management to represent the process.

PSAC has requested that if these types of issues arise, where a member is forced to compete for their substantive position on reclassification, PSAC would like to be informed.

Discussions of PSST decisions to date/Open discussion on upcoming complaints going to the PSST Tribunal. Sister Theresa advised that 51 members/staff have participated in the 4-day PSST Complaint Process Training and another 40 members/staff have attended the 1-day overview session. Unfortunately, there are no complaint hearings scheduled, most complaints are being resolved through mediation.

Note: UNDE now has PSST complaint process representatives trained in each of the eight (TB) regions.

December 2006 (staff session) – 4 members, 3 staff
February 2007 (staff session) – 2 members, 2 staff
March 2007 – 3 members attended

To check for hearings scheduled in your region:

PSST Hearing Schedule –
http://www.psst-tdfp.gc.ca/cmslib/general/Hearing%20Schedule%202007_WEB.pdf

The PSST website is interesting to visit, in particular the decisions:

http://www.psst-tdfp.gc.ca/article.asp?id=5
http://www.psst-tdfp.gc.ca/article.asp?id=6

Sister Theresa also shared hard copies of two PSST Complaint decisions, both complaints were dismissed:

Tibbs :
http://www.psst-tdfp.gc.ca/cmslib/general/2006-0015-Tibbs.Eng.pdf

Portree :
http://www.psst-tdfp.gc.ca/cmslib/general/2006-0021_Portree%20ENG.pdf

Component representatives shared their experiences with the PSST to date, advising yet again that most complaints are being resolved in mediation. It was decided that the committee members would attend a hearing scheduled for April 30 in Ottawa.

Note : We were subsequently advised via email that the hearing had been cancelled.

Some component representatives voiced concerns in regards to disclosure and that they are being forced to go through the access to information to obtain information that should be provided by the departments. Sister Theresa reminded them of Section 16 and 17 of the Public Service Staffing Tribunal Regulations:

http://canadagazette.gc.ca/partII/2006/20060111/html/sor06-e.html

(click here for excerpt)

Next meeting – to be confirmed. If you have questions that you would like raised for discussion at these meetings, please do not hestitate to forward them to my attention.

In Solidarity,

M. Chamberlain
Executive Vice President