Collective bargaining not possible until legislation addressed: PSAC, PIPSC
While the first round of bargaining between the newly elected Liberal government and the unions representing public sector workers is underway, the parties have already reached an impasse.
Entering into negotiations, the parties seemed hopeful their collective bargaining would be less tumultuous than that between the unions and previous federal government. However, despite moves to repeal Conservative legislation the unions found objectionable, several issues remain in contention.
"PSAC welcomes the news that the government will repeal division 20 of Bill C-59, which we said was a violation of our constitutional rights to collective bargaining. The bill gave the government the power to amend unilaterally certain provisions in federal government employee contracts," said Robyn Benson, national president of the Public Service Alliance of Canada (PSAC).
"This is a step in the right direction; however, we are deeply concerned that the federal Liberal government has not made a similar commitment to repealing the Conservative government’s Bill C-4."
In January, the federal government pledged to repeal division 20 of Bill C-59, which empowered the government to bypass collective bargaining and unilaterally implement a short-term disability and sick leave management system. In the interim, the government said it would not exercise the powers granted to it by the bill.
This division was previously the subject of a constitutional challenge and a motion for injunction from unions representing public service workers.
According to the unions, the aspect of C-59 in question interfered with the collective bargaining process and contravened workers’ freedom of association under the Charter of Rights and Freedoms.
Following the government’s promise to repeal the bill, the union has put the challenge in abeyance.
"Let’s face it, the sick leave issue was the government’s issue all along," said Isabelle Roy, general counsel for the Professional Institute of Public Servants of Canada (PIPSC). "Those proposals were government priorities and we’re now hoping we can focus on having real collective bargaining on all of those issues."
In addition to pledging to repeal division 20 of Bill C-59, the government has also tabled legislation to repeal bills C-377 and C-525. Bill C-377 imposed detailed reporting requirements on unions’ finances while C-525 made changes to the labour laws affecting unionization and decertification in federally regulated workplaces.
A statement from Employment and Social Development Canada argued the bills were passed without the tripartite — employer, union and government — consultation process traditionally employed in labour relations law reform.
"Our government recognizes that unions play an important role in protecting the rights of Canadian workers and in helping the middle class grow and prosper," said Labour Minister MaryAnn Mihychuk in a statement. "That’s why we’re proud to be pursuing our commitment to help restore a fair and balanced approach to labour relations in Canada by repealing bills C-377 and C-525."
Another bill introduced by the Conservative government — Bill C-4 — has come under fire. According to unions, it undermines the constitutional rights of federal public service employees to collectively bargain and it gives government negotiators an unfair advantage at the bargaining table.
"It essentially allows the employer to hold a carte blanche in the determination of what services are essential, what’s the level of service that’s required to deliver those essential services, how many and which employees are to be designated essential," Roy said. "No oversight by a labour board and very little consultation with unions went into arriving at that result."
PIPSC also took issue with C-4’s alteration of the factors considered by an arbitration board if an impasse is reached during collective bargaining.
"One of those factors has been changed from the government’s ability to pay to, essentially, the government’s willingness to pay," she said. "We’re saying that type of alternative to a strike is not really an impartial and fair method of dispute resolution."
Bill C-4 is also subject to a constitutional challenge from unions.
To address these concerns, the Liberal government has promised to hold consultations on the bill with federal partners.
"Bill C-4 contained a number of amendments that made some significant changes to the federal public service labour relations regime," said Michael Gosselin, Treasury Board of Canada Secretariat’s manager of media relations, in a statement to Canadian Labour Reporter.
"For example, Bill C-4 merged the Public Service Labour Relations Board and the Public Service Staffing Tribunal into a new Public Service Labour Relations and Employment Board. Organizational changes of this nature and other important considerations must be taken into account."
According to Gosselin, a consultative process with federal partners — including bargaining agents — will be put into place at the earliest opportunity.
But for the unions currently bargaining with the government, that may not be early enough.
"Unfortunately, the government’s commitment to date — which is to hold consultations on C-4 — doesn’t allow us to walk away from this litigation," Roy said.
"There is an impact on this current round of bargaining that remains unaddressed and we need to see either some quick fixes or some movement to recognize that the process that’s been followed so far and that lies ahead has been impaired by this legislation."
Furthermore, Roy said, if unions are to engage in any consultation moving forward they would need some assurance that the process would lead to fruition. She named an independent panel or third-party report as an example.
Benson agreed that the union’s issues with Bill C-4 need to be addressed before meaningful bargaining can take place.
"We have made our position clear that the Conservative’s Bill C-4 undermines fair process and is a violation of the constitutional rights of our members. Consultation is not enough when fundamental rights are under attack," she said.
"Every round of bargaining is very critical to labour-management relations because what happens at the bargaining table has such a significant impact on what happens in the workplace. This particular round of bargaining is important because it will set the parameters and tone for labour relations with the new government."
