FPSLREB Decisions

The Public Service Alliance of Canada (the Alliance) requested the establishment of a Conciliation Board for the Technical Services Bargaining unit on March 23, 2004, pursuant to section 76 and 77 of the Public Service Staff Relations Act (PSSRA). Since the designation of positions was not finalized, a Conciliation Board could not be established at that time. On June 7, 2004, the Alliance sent a second request for the establishment of a Conciliation Board. The Public Service Staff Relations Board (PSSRB) proceeded with the establishment of the Board pursuant to section 77 of the PSSRA.

The Technical Services Group comprises positions that are primarily involved in the performance, inspection and leadership of skilled technical activities. It consists of the following classifications: Drafting and Illustration (DD), Engineering & Scientific Support (EG), General Technical (GT), Photography (PY), Primary Products Inspection (PI) and Technical Inspection (TI) for a total of 10,022 employees.

The Conciliation Board (the Board) met with the parties on the following dates: September 19, 20, 23 & 24, 2004 in an effort to assist the parties to renew the collective agreement.

The Board was able to assist the parties in resolving the following issues:

Article 25	Hours of Work
Article 27	Shift Premiums
Article 29	Call - Back Pay
Article 30	Standby
Article 31	Reporting Pay
Article 32	Designated Paid Holidays
Article 64	Pay Administration
Article 66	Duration
Appendix B	Memorandum of Understanding Concerning Employees in the General Technical Group, Employed by the Department of Fisheries and Oceans at a Fish Hatchery

New Article - Pre-retirement Leave

At the conclusion of the Board's deliberations with the parties, the following issues remained unresolved:

Article 2	Interpretation and Definitions
Article 22	Health and Safety
Article 23	Job Security
Article 28	Overtime
Article 34	Travelling Time
Article 37	Leave General
Article 38	Vacation Leave with Pay
Article 39	Sick Leave
Article 40	Medical Appointment for Pregnant Employees
Article 41	Injury on Duty Leave
Article 46	Volunteer Leave
Article 47	Leave with Pay for Family-Related Responsibilities
Article 49	Marriage Leave with Pay
Article 55	Leave with or without Pay for Other Reasons
Article 60	Penological Factor Allowance

Appendix A
Rates of Pay

Appendix D
Memorandum of Agreement applicable to certain employees in the General Technical Group, working on rotating or irregular basis (Coast Guard Marine Search and Rescue (SAR) Controllers of the Rescue Coordination Centres and Marine Rescue Sub-Centres A D Hovercrart Personnel)

Appendix H
Memorandum of Understanding concerning Fishery Officers in the General Technical Group employed by the Department of Fisheries and Oceans to perform enforcement duties

Appendix K
Special provisions for employees in the Engineering and Scientific Support Group concerning Diving Duty Allowance, Vacation Leave with Pay, National Consultation Committee and Transfer at Sea

Appendix O
Off Pay Supplemental Unemployment Benefit Plan Primary
Product Inspection (PI) Canadian Grain Commission

Appendix P
Memorandum of Understanding in respect of employees in the
Technical Inspection (TI) Group

Appendix S
Special Conditions Applicable to Certain Aircraft
Maintenance Engineers

Appendix T
Work Force Adjustment

New Articles
Social Justice Fund
Joint Learning Program
Transfer of CFIA Members
Seasonal Employees
Whistleblowing

Allowances:	- Transportation of Dangerous Goods,
	- Height Premium and Hazardous Substances

As the issues which remain outstanding are numerous, this report will only deal with those issues which, in the opinion of the Board, are crucial to the parties and may lead to the renewal of the collective agreement.

Article 22      Health and Safety

The Alliance seeks substantial changes to the wording of the present article on Health and Safety.
  The Alliance's main thrust is to incorporate in the collective agreement the sections of the Canada Labour Code, Part II that deal with Health and Safety. The Alliance argued that many collective agreements contain such provisions and incorporating such provisions in this collective agreement would only enhance its members awareness of their rights in respect to Health and Safety. Further, since many of its members perform duties that are hazardous or that have a high degree of danger it is imperative that these members be made aware of their rights in this regard.

The Employer agreed that Health and Safety is a top priority for each department and advised the Board of the numerous policies that exist on the subject. The Employer is concerned that the inclusion of the Health and Safety clauses the Alliance seeks, would not add any further protection to the employees, as these are already covered by the Canada Labour Code, Part II, but instead, could generate numerous grievances on the subject. The Employer wishes to renew the existing language in the collective agreement, without change.

The Board feels that the Employer's concerns concerning grievances may not materialize. It is the Board's view that even if the increase in grievances that the Employer anticipates were to occur, it would be of short duration and would taper off after all parties became familiar with the new wording in the collective agreement. Further, the Board feels that concerns that employees may assert their rights through the grievance process is not reason to deny the entrenchment of those rights in the collective agreement.

Recommendation:

Article 22 be amended to read as follows:

22.01

1. The parties recognize the Canada Labour Code (CLC), Part II and all regulations flowing from the Code as the authority governing occupational safety and health in the federal public service.

2. Any right or benefit not stipulated in either this Article or the Canada Labour Code, Part II and conferred on the employees or the PSAC by any legislation or regulations applicable to the parties in connection with health, safety or the environment in the workplace is an integral part of this Article.

3. The parties recognize the governing principles of the right to know, the right to participate and the right to refuse.

22.02

1. In addition to the employer's obligations as specified pursuant to the Canada Labour Code, Part II, sections 124 and 125(1), the employer shall:

   I	Ensure all employees are provided with occupational health and safety orientation training.
   II	Ensure occupational health and safety representatives and occupational health and safety committee members (including policy committee members) receive training specific to their respective duties.

22.03
The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Alliance, and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.

The Alliance had several other demands, under this article, concerning employees being required to undergo medical examinations. The Board does not make any recommendations on these matters at this time.

Article 41      Injury on Duty Leave

The Alliance wishes to take the discretion to grant injury on duty leave out of the hands of the Employer and invest such discretion with the appropriate Provincial Workers Compensation Board. It is the Alliance's position that this would ensure that injury on duty benefits would not be ended prematurely. The Alliance fears that certain employees, such as union activists or employees with poor work records, may be targeted by individual managers for treatment different to that given other employees.

Further the Alliance argued that the Employer has an avenue for challenging the decision of a Workers Compensation Board if it feels that its decision is flawed. For example, in Quebec, if the Employer disagrees with the decision of the Commission de la sante et securite au travail it can challenge the decision at the first level through a 'revision' process. If the Employer disagrees with the decision through the 'revision' process it can appeal to the Administrative Tribunal. In Ontario the Employer can discuss the issue with the Workplace Safety and Insurance Board officer who rendered the decision. If not happy with the result it can launch an appeal submitted
via a Notice of Objection.

The Employer on the other hand wishes to renew the article in its present form as the existing provisions are consistent with those available in other agreements to which the Employer is party.

Recommendation:
The Board recommends amending the first part of clause 41.01 to read as follows:

41.01

An employee shall be granted injury-on-duty leave with pay for the period of time that a Workers Compensation authority has certified that the employee is unable to work because of:

Article 34      Travelling Time

This article allows for compensation for employees who are required to travel away from home to perform all or part of their duties. The Alliance refers to this compensatory time as "captive time" and seeks to increase it. Further, the Alliance seeks to include groups of employees presently excluded from the article. Finally the Alliance wants to extend the leave to occasions when employees are required to be away from home for training courses etc. The Employer argued that the employees who are excluded are well compensated by other means. The Employer seeks to renew the article with the change that the quantum of leave be calculated in hours and not days. This is consistent with demands the Employer has concerning several other articles, of which the Board will have more to say later in this report.

Recommendation:

The only recommendation the Board makes with respect to the article on Travel Leave is to delete the following words found therein:

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

Article 49      Marriage Leave

The Alliance takes the position that its proposal on Marriage Leave is designed to remove a discriminatory practice found in the collective agreement by extending an equivalent entitlement to employees participating in same-sex commitment ceremonies. Further, the Alliance directed the Board's attention to an order of the Canadian Human Rights Tribunal (CHRT) which dealt with this very issue. The Tribunal Order directed the Employer to credit the employees for the annual leave they were obliged to take as a result of the denial of marriage leave. It also ordered Treasury Board to: "within six months of the date of this Order, take such steps as are necessary to eliminate the discriminatory practice in the application of all the collective agreements to which it is party."

It is the Alliance's position that the new wording it is proposing simply incorporates the right to Marriage Leave, in the collective agreement , for all members.

The Employer, on the other hand, wishes to delete Marriage Leave (Marriage Leave is granted after completion of one years service) from the collective agreement and in return is prepared to offer to all employees in the bargaining unit who have completed two years of continuous service 22.5 hours (the equivalent of three days at 7 ½ hours per day) of vacation leave. The Employer asked the Board to note that two recently concluded collective agreements "Law" and "Ship Repair-West" have had such a provision incorporated into the collective agreement as part of an arrangement to delete the Marriage Leave article.

The Board finds the Employer's suggestion to be of interest but would not agree with the quantum of leave offered. Such a provision would ensure that all members of the bargaining unit would be granted leave, be they bachelors, spinsters, couples living common law or couples who do not wish to marry.

However, the Board was informed that the parties have had no discussions on this demand during negotiations and therefore the Board feels that it would be best advised to leave this issue for the parties to resolve. Such a resolution must incorporate the intent of the CHRT ruling.

Article 37      Leave General

This is a proposal submitted by the Employer which affects a variety of articles which deal with leave entitlements. The articles affected are the following:

Article 34 - Travelling Time (Travel Status Leave)
Article 38 - Vacation Leave With Pay
Article 39 - Sick Leave With Pay
Article 40 - Medical Appointment for Pregnant Employees
Article 46 - Volunteer Leave
Article 47 - Leave With Pay for Family Related Responsibilities (FRR)
Article 55 - Leave With or Without Pay for Other Reasons (Personal Leave)

The Employer seeks to convert days to hours for the purpose of granting the above listed leaves. In other words, whether an employee works 7 ½, 8 or 10 hours in a day, he/she would only be entitled to 7 ½ hours for a requested day of leave. Thus an employee who works 7 ½ hours a day for a two week period and an employee who works more hours per day, in order to compress his/her 2 week period into 9 days, to be permitted leave on the10th day, would be treated equally. The Variable Hours of Work language of the PSAC Master Agreement that applied to all PSAC bargaining units up until the1997 round of bargaining contained provisions that confined the conversion of days to hours. According to the Employer, this language was unintentionally removed in the 1997 round of bargaining when the collective agreements were amalgamated.

It is the Alliance's position that an employee should be allowed a full days leave regardless of the number of hours he/she is scheduled to work that day. The employees who work more than 7 ½ hours per day due to a compressed work week or variable hours of work are not compelled to do so by the Employer. In the case of a compressed work week it is the individual employees' choice and for employees to work variable hours the majority of employees on the shift must agree.

Recommendation:

In order to rectify the mistake made in the 1997 round of bargaining and to treat all employees equally, the Board recommends the conversion of days to hours for the purpose of leave entitlements under the listed articles.

Appendix H

Memorandum of Understanding concerning Fishery Officers in the General Technical Group employed by the Department of Fisheries and Oceans to perform Enforcement Duties

The Alliance's proposal is to maintain this appendix and pay a lump sum of $3,000.00 (an increase of $1,000.00 from the previous collective agreement) each year to Fishery Officers who perform enforcement duties. The Employer takes the position that a review of the classification for Fishery Officers in the GT group culminated in the implementation of a new career progression program for Fishery Officers, along with new classification levels. The full working level is now GT4, rather than GT3, with more than a $6,000.00 difference in the job rate (range maximum)

The Alliance's view, on the other hand, is that the classification review has only gone part way to addressing the problem, in light of the heightened levels of security as a result of the tragic events of September 11, 2001.

Recommendation:

The Board recommends maintaining this allowance at its current rate during the life of the renewed collective agreement or until the issue is resolved to the satisfaction of both parties.

Hazardous Substances Allowance and
Transportation of Dangerous Goods Allowance

It is the Alliance's position that employees who are trained and certified to perform the work associated with the above two allowances should receive said allowance. The Employer takes the position that the classification system had already taken care of this situation by ensuring that employees who perform such work as part of their job description are adequately compensated.

Recommendation:

The parties should include in the collective agreement a provision that states, that where the Employer requires an employee to be trained and certified, in order to perform the work associated with either of the two allowances set out above and the employee performs such work, the employee is to receive the appropriate allowance.

Workforce Adjustment (WFA) and Article 23 Job Security

From the submissions the Board heard with respect to work place adjustment, we are convinced that the Alliance considers this issue to be of great importance. The Alliance described many of the problems that exist because of the current language. However, the issue is a complex one and the text lengthy. This one issue could be the subject of a complete conciliation process in and of itself. That being said, the Board is not prepared to tinker with it by attempting to change a word here or there, without having a more complete understanding of the process.

Recommendation:

The Board recommends that the parties enter into a Memorandum of Understanding to strike a committee with representatives of both the PSAC and the Employer from all bargaining tables to thoroughly review this process and make the necessary changes.

Article 23      Job Security

The Board recommends renewing the existing language of this article with no change.

Seasonal Employees

The Alliance raised several issues with respect to seasonal employees, not the least of which was a requirement to define the length of season, in each area were seasonal employees are used. The Alliance has a number of proposals on this subject which the Board was not able to canvass in any detail.

Recommendation:

The Board recommends that the parties enter into a Memorandum of Understanding to conduct a joint study on the issue of Seasonal Workers.

Wages

During the conciliation process the Alliance and the Employer amended their positions with respect to wages.

The following is the Alliance's amended position on wages:

Year One

Terminable allowances:

• For all employees in the TI and PI classifications who receive terminable allowances, full value of the terminable allowance to be converted into salary.

For all others $250/member/month converted into salary.

Economic Increase:

• 4%

Year Two

Restructure the wage grid:

• Deletion of the bottom increment step from each group/level pay grid,
• The addition of a new increment step at the top of each group/level pay grid; the value of the increment being 4%,

Economic Increase:

• 3.5% paid on the restructured wage grids.

Year Three

Restructure the wage grid:

• Deletion of the bottom increment step from each group/level pay grid,
• The addition of a new increment step at the top of each group/level pay grid; the value of the increment being 4%,

Economic Increase:

• 3.5% paid on the restructured wage grids.

The following is the Employer's amended position on wages:

Effective June 21, 2003:      2.25%
Effective June 21, 2004:      1.75%
Effective June 21, 2005:      1.75%

From the foregoing, it is stating the obvious to say that the parties are far apart on the issue of wages. In particular, the Alliance's demand to roll the terminable allowances into the pay scale. The Board is not prepared to make such a recommendation. On the percentage yearly increases in salary the Board makes the following recommendations:

Effective June 21, 2003      3%
Effective June 21, 2004      2.5%
Effective June 21, 2005      2.5%

Conclusion:

The Board thanks the parties for their comprehensive and thorough presentations. In particular the patience shown by both negotiating teams in giving in depth explanations of areas with which the Board was unfamiliar. We wish the parties the best of endeavours in their efforts to reach a collective agreement and hope that this report is helpful in assisting them.

Dated at Ottawa, this 30th day of September 2004.

Original signed by
Sydney Baxter
Chair

Original signed by
Sandra Budd, Employer Nominee
Partial dissent and comments

Original signed by
Dale Clark, Alliance Nominee
Partial dissent and comments

---

190-02-337

October 1, 2004

PARTIAL DISSENT OF THE NOMINEE OF THE PUBLIC SERVICE ALLIANCE OF CANADA TO THE CONCILIATION BOARD REPORT FOR THE TECHNICAL SERVICES GROUP (TABLE 3) TREASURY BOARD AND THE PUBLIC SERVICE ALLIANCE OF CANADA

I am in agreement with the majority of the report and its recommendations; however, there are several areas where I disagree with the report.

Article 22 Health and Safety

While agreeing with the recommendation of the Board, it is my view that there should have also been a recommendation on the issue of medical examinations required by the employer. The Alliance's demand was to add provisions to the collective agreement so that employee's would not incur any financial cost or have to use unpaid time due to such a requirement. If the employer decides that an employee must undergo a medical examination, it is incumbent on the employer to bear all the costs including, but not limited to, the cost of the examination itself and all travel expenses. In addition, the examination should be scheduled during working hours, but if that is not possible, the employee should be compensated according to the collective agreement for all time spent.

I recommend that when the employer requires an employee to undergo a medical examination the employer should pay all costs, including wages for the time involved.

Article 37 Leave General

The employer wishes to convert days to hours for the purposes of granting leave, and The Board has recommended the employer's position. One of the arguments in favour of such a position is that a mistake was made in the 1997 round of negotiations. This is now the second round of negotiations since then, and the parties renewed the current language in 2001. It is too late for the mistake argument to carry much weight. The parties have been involved in several adjudications and legal challenges on the interpretation, and it is the Alliance's position that has carried the day. In addition, the Board report talks about employees who are not compelled to work longer shifts or variable hours of work, but volunteer. However, it was clear during the hearings that some employees are compelled to work such shifts.

I cannot agree with the recommendation of the Board and recommend status quo.

Article 49 Marriage Leave

The Canadian Human Rights Tribunal has found that there is a discriminatory practice in the collective agreement as the marriage leave provision only applies to those employees who are getting married and excludes those who participate in same-sex commitment ceremonies. It ordered the Treasury Board to cease this discriminatory practice, and the employer complied through a directive. The Alliance simply wishes to move the matter beyond a policy directive and enshrine the right in the collective agreement. The employer's proposal to grant a reduced amount of days in the form of vacation leave to all employees and delete Article 49 from the collective agreement ducks the issue of resolving the discrimination. One does not end discrimination by reducing the benefits of those who have not been discriminated against, in this case, employees who marry.

I recommend that the Alliance's position on marriage leave be adopted, including its position on changing the definition of a spouse contained in Article 2.

Social Justice Fund

The Alliance demand, which involves the employer putting one cent per hour worked into a Social Justice Fund to be administered to the union, was presented to the Board by the National President of the Public Service Alliance, Nycole Turmel. It is found in many collective agreements across Canada, including some covering federal crown corporation employees. Including a Social Justice Fund in the collective agreement would not be ground-breaking, as the parties would be simply following a trend in Canadian collective bargaining. The cost is minimal to the employer and would be a demonstration of a joint commitment to social justice.

I recommend that the parties agree to set up a Social Justice Fund.

Wages

The Board's recommendations on wages are not adequate given the economic and collective bargaining climates. This collective agreement expired on June 21, 2003. The consumer price index rose by 3.4% in the period from June 2002 to June 2003. While public sector settlements in 2003 averaged 2.9% in the base rates, the Alliance's research showed that there are significant gaps between the wages paid in the federal public sector versus the private sector for similar jobs. It also showed that employers in various industries expect to pay out more than 3 % in salary increases in 2004 according to data from half a dozen private consulting firms.

The employer is currently paying terminable allowances to some members of the bargaining unit. Terminable allowances exist due to documented problems with recruitment and retention of employees due to wage gaps between employees covered under the Table 3 agreement and those doing similar work for other employers. In many cases, they form a significant part of an employee's income. If they are not rolled into salaries, there will be a reduction in employees' real wages. In addition, the fact that they are currently terminable and can be removed by the employer has not deal effectively with the problems of recruitment and retention due to the above mentioned wage gap. This ability of removal at the employer's discretion has increased morale problems, especially among the members of Primary Product Inspection group at the Canadian Grain Commission who have had their allowance terminated.

My recommendation on wages is as follows:

Year One

Terminable allowances:

• Terminable allowances will be converted into salary and paid to all members at Table 3 who received the allowances. For all others, $250/member/month converted into salary.

Economic Increase:

4%

Year Two

Restructure the wage grid:
Deletion of the bottom increment step from each group/level pay grid,
The addition of a new increment step at the top of each group/level pay
      grid; the value of the increment being 4%,

Economic Increase:
3.5% paid on the restructured wage grids.

Year Three

Restructure the wage grid:

• Deletion of the bottom increment step from each group/level pay grid,

The addition of a new increment step at the top of each group/level pay
      grid; the value of the increment being 4%,

Economic Increase:
3.5% paid on the restructured wage grids.

In conclusion, I would like to thank the parties for the detailed information and concise arguments provided during the course of the hearings.

Signed at Ottawa, October 1, 2004

Original signed by

_____________________________

Dale Clark

---

190-02-337

PARTIAL DISSENT AND RECOMMENDATIONS OF THE NOMINEE FOR THE TREASURY BOARD

With respect to the Conciliation Board Report concerning the dispute between the Public Service Alliance of Canada and the Treasury Board for the Technical Services Bargaining Unit

I agree with the Chair's report with the following exceptions:

Rates of Pay

I do not agree with the wage increases recommended by the Chair.

Settlements in the Federal Public Service presented by the both the Employer and the Alliance clearly demonstrate that the economic increases for 2003 were approximately 2.5%. In addition, the CPI increase for 2004 is less than 2% and the parties provided evidence that the CPI for 2004 and 2005 should remain at 2% or less. While there have been few settlements in the Federal Public Service the trend is to a 2% economic increase. The respected human resource firms of the Hay Group and Morneau Sobeco earlier this month released their 2005 wage projections. They both forecast that the average economic increase in the public sector for 2005 would be approximately 2%.

Also it is important to note that based on current data presented by the Employer the employees are on average around 4% ahead of their counterparts in the private sector. Based on all of the above, I recommend increases as follows:

June 21, 2003      2.5%
June 21, 2004      2%
June 21, 2005      2%

Article 22      Health and Safety

I do not agree with the Chair's recommendation to include specific reference to the Canada Labor Code Part II and regulations. Nor with the recommendation to include provisions beyond those included in the Code. This does nothing to enhance the health and safety of the employees.

I recommend that the Article be renewed without change.

Article 41      Injury on Duty Leave

I do not agree with the Chair's recommendation to remove the discretion to grant injury on duty leave from the Employer and invest such discretion with the appropriate Provincial Workers Compensation Board. The Employer 's policy on the administration of such leave provides clear guidelines that permits managers to exercise their discretion in determining the duration of leave based on individual circumstances. There was no evidence showing that such leave had been terminated prematurely.

I recommend that the Article be renewed without change.

Appendix "H"

I do not agree with the recommendation of the Chair to reintroduce this allowance which was last paid in June 2002. At the time that this allowance was introduced it was meant as a temporary stop gap measure until the classification issue could be addressed. The issue has been addressed by a comprehensive review of the classification of the Fishery Officers by the Treasury Board Secretariat, the Department and the Union. The resultant reclassification and career progression program provides compensation far in excess, some $4,000 a year to be exact, of that of the temporary allowance.

I recommend that the allowance not be reintroduced.

Article 34      Travelling Time

While I do not disagree with the concept that training sessions and courses required by the Employer should count towards travel status leave, there should be a restriction on including conferences and seminars.

Hazardous Substance Allowance
Transportation of Dangerous Goods Allowance

The evidence provided did not demonstrate that employees in this bargaining unit undertake work that is not an inherent part of their duties that would require the payment of such allowances.

Seasonal Employees

There are few seasonal employees in this bargaining unit therefore I believe that it is not appropriate for the parties to enter into a MOU to conduct a joint study on the issue.

I would like to thank the parties for the professional manner in which they conducted themselves throughout the conciliation process.

Original signed by

Sandra Budd
Ottawa, Ontario
September 30, 2004