Author Archives: Admin Staff

Court dates scheduled for sick leave injunction

PSAC’s request to the courts to stop the government from implementing its new sick leave plan will go before the court in October.

After consulting with the parties, the Ontario Superior Court has set out a timetable for both sides to present their arguments. The parties will exchange documents in September and October, with a court hearing to be held on October 29.

The court also said that if the government intends to implement the changes before the October hearing, it must give 5 days’ notice.

“We’re pleased that the court is moving as quickly as possible to hear our injunction motion”, said Robyn Benson, PSAC National President.

“We’re also pleased to see the court direct the government to provide advance notice if they intend to proceed with changes to current sick leave provisions before our motion is heard. This will give the court the opportunity to move up the hearing date if necessary.  The Conservatives last budget implementation act was a direct assault on our members’ constitutional right to free collective bargaining and it needs to stop,” said Benson.

On August 10, the union filed a notice of motion with the Ontario Superior Court requesting an injunction against the sections of the 2015 budget legislation that allow Treasury Board to take sick leave provisions out of the collective bargaining process. That request was to ensure that no unilateral changes are made by the government while we are going ahead with our challenge to the legislation.

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PSAC seeks court order to protect sick leave in Treasury Board agreements

PSAC has asked for a court order to stop the government from going ahead with their plans to remove sick leave provisions from collective agreements in the federal public service.

On August 10, the union filed a notice of motion with the Ontario Superior Court requesting an injunction against the sections of Bill C-59 (the 2015 budget implementation act) that allow Treasury Board to take sick leave provisions out of the collective bargaining process.

“Protecting our members’ rights is a top priority,” said PSAC national president Robyn Benson. “While the government is in a caretaker position until after the election, we are doing everything we can to ensure that they don’t proceed with their plans to gut our members’ sick leave protection.”

We have asked the Court to have our motion heard before the election takes place. The Professional Institute of the Public Service (PIPSC) has filed the same motion that also includes most of the other federal public service unions. We are working with them and asking the Court for a joint hearing.

PSAC is arguing that this is a serious issue and one that will cause irreparable harm because it involves substantial interference in our right to bargain collectively. C-59 not only gives Treasury Board the right to invalidate parts of existing collective agreements, it also undermines future bargaining.

In June, PSAC asked the Court to declare that the sick leave provisions of Bill C-59 are in direct violation of our members’ right to free collective bargaining under the Charter of Rights and Freedoms and to declare them invalid. However, it is expected that the Court will not being to hear the case until mid-2016.

Vote to stop the cuts

Canada’s border security jobs are being cut. This makes all Canadians vulnerable. Harper’s Conservatives are cutting public services across the country, without regard for the safety and welfare of millions of Canadians.

Get the facts

– The government plans to eliminate almost 1,100 positions at the Canada Border Services Agency by 2017, cuts that include front-line border workers, intelligence officials and sniffer-dog teams. (Source: CBSA Reports on Plans and Priorities)

– The government is cutting staff despite an increase in drug busts by CBSA security at the borders and indications of a rise in illegal weapons entering Canada.

– Government data show that more than 3,000 flights over the last two years have failed to provide complete passenger information to the CBSA because smaller airports have no Border Services Officers.

– Fewer Border Services Officers have meant a sharp decline in the number of fake passports being detected at ports of entry. (Source: La Presse)

CIU-SDI Demonstrates Against Bill C-59

CIU-SDI demonstrates its opposition to Bill C-59 at Minister Steven Blaney’s office in Quebec City.

The government tabled last month the Budget Implementation Act (Bill C-59) that attacks our collective bargaining rights.

The Bill authorizes Treasury Board to modify collective agreements to remove sick leave and impose a short and long term disability plan outside of collective agreements. The Bill circumvents the Public Service Labour Relations Act as well as ongoing negotiations.

The Supreme Court established the right to collective bargaining as a Charter right – and we will defend that right using all means at our disposal.

The CIU, its Branches and the PSAC have organized activities that will take place over the coming weeks outside MP offices and CBSA worksites in several locations across the country.

We call on all CIU-PSAC members to participate in activities organized by their Branch. We also encourage all members to contact their Member of Parliament and Senator. Free collective bargaining is a Charter right. We uphold the Charter as law enforcement personnel. The Government should respect our right to free collective bargaining.

Federal public service unions united to defend collective bargaining rights, file complaint with International Labour Organization (ILO)

Canada’s 18 federal public service unions met earlier this week to decide their next move in response to the tabling of Division 20 of Bill C-59, the Budget Implementation Act (BIA), which gives the government the authority to unilaterally amend the sick leave provisions of the collective agreements covering employees of the core public service. Today, the unions are also jointly filing a complaint with the Geneva-based ILO asserting that the measures included in the December 2013 omnibus BIA – Bill C-4 – contravene ILO conventions that protect free collective bargaining and the right to strike.

“Our solidarity pact remains in place. We are united and even more determined to defend the constitutional rights of our members,” said Ron Cochrane, the union Co-Chair of the National Joint Council. “We are taking all steps at our disposal including appealing to the body that enforces international conventions on labour rights.”

The unions emerged from their meeting with a comprehensive coordinated legal plan to respond to bills C-4 and C-59 and stop the continuing attack on the fundamental constitutional right to fair collective bargaining, and a common approach to bargaining to push back the federal government’s latest move to impose a predetermined outcome on negotiations.

“Bill C-59 is all about trying to force us to accept a “go to work sick” plan by threatening to impose it if we do not agree,” Cochrane said. “It runs completely contrary to the Public Service Labour Relations Act (PSLRA) and it’s a violation of the collective bargaining rights that citizens have under the Charter of Rights and Freedoms. And, like Bill C-4, it contravenes international conventions. We will not be intimidated by the federal government’s bully tactics.”

The 18 federal public service unions have also agreed to plan coordinated actions to mobilize federal public service employees in the face of the assault on collective bargaining rights.

The Federal Bargaining Agents of the National Joint Council are: