PSAC POLICY 1 to 20
REFORM OF THE FEDERAL PUBLIC SERVICE
INTRODUCTION
The Canadian public service is in crisis. This crisis is many sided. Taxpayers are increasingly skeptical of the government's ability, and even motivation, to deliver a particular program or policy. Recipients of unemployment, pension and other social benefits wait longer for less. Caught in the middle are public sector workers.
Deep-rooted structures and present day policies have combined to deepen the crisis. The public service of the 1990s is hobbled by administrative practices and legislation largely in place since the 1960s. In many cases, management is at best ill-prepared for the role it has been assigned and is, at worst, paternalistic. The physical plant, equipment and tools provided to public sector workers are deteriorating at an alarming rate. Likewise, while government programs and services grow increasingly more complex and driven by technological advances, the training provided many public sector workers is inadequate or non-existent.
As a result of economic mismanagement and an income tax system that does not require corporations and the wealthy to pay their fair share, the federal government is operating at a deficit which routinely adds $30 billion to the national debt each year.
In December 1989, the government announced Public Service 2000, an initiative designed to streamline the public service. Predictably, the process was flawed and hopelessly biased in favour of management. While the process resulted in a myriad of recommendations, the overwhelming majority was designed to make it easier for management to control the workplace by: assigning work; terminating employees; contracting-out work; changing classification levels and so on.
In response, the PSAC established a Commission on Federal Public Service Morale, mandated to seek the views of Alliance members on the PS 2000 recommendations; listen to the workplace experiences of Alliance members under the past decade of restraint and person-year cuts; and develop a comprehensive program for real and effective public service reform.
In the fall of 1990, the PSAC Commission held open forums in twenty-two communities across Canada. In over 440 face-to-face presentations, PSAC members addressed the questions of morale and service to the Canadian public. The information provided by Alliance members, union activists and community leaders was startling:
- Morale of federal public service workers is at an all-time low.
- Service to Canadians is suffering directly as a result of federal government cutbacks and downsizing.
- The present system of staffing and promotion is being constantly abused by the same managers who want even more flexibility and power.
- Alliance members are trying to provide service to veterans, the unemployed and pensioners but do not have the necessary resources to carry out their work.
- Alliance members want no part of so-called "cafeteria-style benefits" or bonuses or incentive plans.
- Alliance members want and demand a workplace that is free from harassment of any sort.
- Alliance members want and demand training opportunities that provide them with the skills necessary to carry out their responsibilities in an ever-changing and complex environment.
The Report of the PSAC Commission on Federal Public Service Morale contained eleven major recommendations that form a worker's response to PS 2000 and the basis for effective reform of the federal public service.
STOP THE CUTBACKS AND INCREASE STAFFING BY FIVE PER CENT
In May 1985, the federal government estimated that federal public service employment would normally grow by 15,000 people over the next five years. Citing austerity concerns, the government instead initiated a five-year 15,000 person-year staff cutback program.
When the cutback program ended in 1990, the federal public service was staffed by fully 27,000 fewer people than it would have been, had the cutback program not been implemented. While more complex programs and a growing population created an increased demand for services, the federal public service had been reduced to its 1973 level.
The PSAC Commission found conclusive evidence that staff shortages in many areas of government operations have resulted in a severe morale problem for workers and declining service to the Canadian public. It is the policy of the PSAC to lobby the federal government to implement a five per cent staffing increase in the Technical, Administrative Support and Operational Categories and the Administrative Services and Programme Administration Groups of the federal public service.
LIMIT TERM EMPLOYMENT
The PSAC Commission found that the government has dramatically increased the use of term employment, overtime and contracting-out in an attempt of minimizing the serious decline in service that has resulted from the five year 15,000 person-year cutback program.
Over the five years of the cutback program, term employment increased an amazing 27.6 per cent. At the same time, the amount of overtime has increased by 17 per cent after adjustments for wage increases.
In light of the many problems inherent in term employment for term employees, full-time employees and service to the public, it is the policy of the PSAC to lobby the federal government to limit term employment within the federal government normally for a non-renewable period not to exceed sixty days, except in identifiable emergency situations, and in no case should term employment exceed three per cent of the total full-time, indeterminate employment of any one occupational category or group.
INITIATE A PARLIAMENTARY INQUIRY INTO CONTRACTING-OUT
As a result of research undertaken by the Commission, the PSAC now believes that the federal government contracts out at least $4 billion per year of work that could, and should, be carried out by federal public service workers.
The government has an obligation to provide the public with accurate information as to the cost benefits of contracting-out. The Treasury Board has admitted to the Public Accounts Committee of the House of Commons that it is unable to do so. As a result, it is the policy of the PSAC to lobby the federal government to:
(a) initiate a full parliamentary inquiry into the practice of contracting-out in the federal public service, including an examination of the value-for-money provided by contractors and the effect of contracting-out on the morale of federal public sector workers; and
(b) the contracting-out budgets of all federal departments and agencies be immediately reduced by 10 per cent and be frozen at that amount pending the Report of the Parliamentary Inquiry into Contracting-Out.
TAKE ACTION ON EMPLOYMENT EQUITY
Throughout their cross-country hearings, the PSAC Commissioners heard testimony of the deplorable situation faced at work by PSAC members who are female, disabled Canadians, native Canadians and members from visible minority communities.
Members from these groups were hardest hit by the person-year cuts, and suffer the added indignity of racism and sexism on the job. As a result, it is the policy of the PSAC to lobby the federal government to:
(a) amend the Employment Equity Act to:
(i) include all federal departments and agencies;
(ii) ensure that the Treasury Board be mandated to provide the necessary resources and incentives to managers to implement employment equity plans; and
(iii) ensure that all managers be held accountable in their annual evaluations regarding their record on employment equity.
(b) The Special Committee of the House of Commons on Reform of the Public Service, proposed in the Seventh Report of the Public Accounts Committee, be established, and specifically mandated to address employment equity for women, native Canadians, visible minorities and people with disabilities in the federal public service.
STOP HARASSMENT AND DISCRIMINATION IN THE WORKPLACE
The PSAC Commissioners found that when women, native Canadians, disabled Canadians, people from visible minority communities and people of same-sex orientation beat the odds and gain employment in the federal public service, they are not treated fairly on the job. As well, any attempt to redress discrimination is a long and painful process. It is the policy of the PSAC to provide an effective streamlined redress mechanism for victims of all forms of discrimination and harassment. To this end:
(a) the Treasury Board, in consultation with the PSAC, establish a special third-party investigation and redress procedure that provides the necessary protection for all individuals concerned and processes complaints in a timely manner;
(b) the Treasury Board, in consultation with the PSAC, develop a training course on the processing of discrimination and harassment complaints, and that this course be given to all supervisors and managers; and
(c) the Treasury Board, in consultation with the PSAC, develop an informational and awareness training session for all employees.
IMPROVE TRAINING
At every stop in its 22 city tour, the PSAC Commission heard testimony that the provision of training to federal public sector workers is inadequate and tends to be the first target for budget cutbacks. Commissioners also found evidence that bargaining groups represented by the PSAC tend to receive a proportionally less than equal distribution of the government's training budget. It is the policy of the PSAC to achieve, through negotiations and political action:
(a) the establishment of a $100 million annual training and development fund for the career development of members of the Public Service Alliance of Canada, to be paid by the government and jointly administered by the PSAC and the Treasury Board; and
(b) these funds be used for older worker retraining, apprenticeship training, technology training, assisting workers to move from support or maintenance positions to higher positions or for self-improvement training that is in the interest of the employee or the federal government.
ESTABLISH A JOINT COMMITTEE TO DEVELOP A CONSENSUS FOR LEGISLATIVE CHANGE
Federal public service workers and their unions have been frustrated by legislative provisions that restrict their bargaining rights and ability to strike. The PSAC Commission consistently heard testimony that the restrictions on free collective bargaining - particularly with regard to staffing and classification - are at the root of the morale problem within the federal government.
Despite numerous Committees, Commissions and other reviews of the legislation governing the employer-employee relationship within the federal public service over the years, the legislative environment remains relatively unchanged. The PSAC believes that a way must be found to develop a consensus for legislative change and, as a result, will lobby the government to:
(a) Establish a Joint Committee on Reform of the Personnel Management System in the federal government, mandated to review the current system, make proposals for change and draft a new legislative structure.
(b) The Joint Committee consists of:
- four representatives from the federal government;
- three representatives from the Public Service Alliance of Canada;
- the Chair and Co-Chair of the National Joint Council;
- one representative of the National Joint Council - Staff Side;
- one representative from each of the two opposition parties in the House of Commons;
- one representative from each of the Canadian Labour Congress and the Business Council on National Issues; and
- one representative from each of the Public Policy Forum and the Canadian Centre for Policy Alternatives.
INITIATE A VOLUNTARY EARLY RETIREMENT PROGRAM
In order for the federal government to implement employment equity in the federal public service, and rectify the morale problems associated with an aging workforce with little opportunity for advancement, it is the policy of the PSAC to achieve:
(a) a Voluntary Early Retirement Program for all workers in the federal public service age 55 and over; and
(b) the Early Retirement Program provide sufficient incentives to ensure that early retirement results in pension benefits equivalent to those that would have applied at normal retirement age.
BRING IN "WHISTLEBLOWING" LEGISLATION
Throughout its public hearings, the PSAC Commission was advised that the government prizes secrecy and continually attempts to muzzle its workers. In the Commissioners' view, the strong commitment of federal public service workers to the Canadian public will not survive into the 21st century unless the secrecy that permeates government is cleared. Hence, it is the policy of the PSAC to lobby the federal government to enact legislation that would protect public service workers who "blow the whistle" on governmental wrong-doing and impropriety.
IMPROVE THE CHILD CARE SITUATION
The stress faced by federal public sector workers as a result of increased workloads and the complexity of government programs is compounded by problems they face in juggling work and family responsibilities. If the federal public service is to maintain efficiency, it must amend its policies to reflect this reality. It is the policy of the PSAC to achieve quality child care for the benefit of Alliance members. As a result, the PSAC will lobby the federal government to set an example to the private sector by establishing workplace child care facilities and providing workers with adequate family care leave entitlements.
SUSPEND THE IMPLEMENTATION OF PS 2000
There were some 350 recommendations prepared by PS 2000. Many of these can be (and already are being) implemented by departments without any public or parliamentary scrutiny. During their cross-country hearings, the Commissioners were told of numerous examples where departmental policies and initiatives are being adopted to conform to the spirit of PS 2000.
The PSAC believes that this practice must stop, and will, therefore, urge the government to suspend the implementation of all PS 2000 recommendations pending the Report of the Special Committee of the House of Commons on Reform of the Public Service as proposed by the Public Accounts Committee.
CONCLUSION
The achievement of this working alternative to PS 2000 and the status quo is a priority of the Public Service Alliance of Canada. In order to achieve its objectives with regard to public service reform, the Alliance will ensure that this policy is pursued during negotiations, parliamentary lobbies, in submissions to parliamentary committees and during federal election campaigns.
REFORM OF THE FEDERAL PUBLIC SERVICE: LABOUR LEGISLATION
Having regard for the highly restrictive provisions of the Public Service Staff Relations Act and the Public Service Employment Act as they affect collective bargaining, arbitration and adjudication of grievances, the Alliance is firmly committed to seek legislation rescinding the PSSRA and the PSEA. The Alliance is further committed to ensuring that all its members fall under the jurisdiction of the Canada Labour Code.
To the extent, and for the duration, that political intransigence prevents the achievement of this goal, the Alliance may be forced to respond to legislation that seeks to amend the PSSRA and the PSEA. In any such response the Alliance will propose amendments based on the following principles:
(a) conditions affecting the standards, processes, procedures and principles governing appraisal, promotion, transfer, demotion, probation, redundancy, reassignment, lay-off and recall are negotiable;
(b) a bargaining agent has the right to negotiate classification standards. The negotiation of classification plans by the PSAC will be based on the following principles:
- fair and equitable treatment of all positions;
- a measurement of the value of work which will provide for the implementation of equal pay for work of equal value;
- a system of internal relationships;
- recognition of the provision of career progression streams for all occupations; and
- the ability to relate the public service to other public and private workforces.
(c) all matters which are negotiable are arbitrable;
(d) with the support of the bargaining agent, all grievances can be referred to adjudication. A bargaining agent has the right to file a grievance. An adjudicator has the right to subpoena witnesses and to call for the presentation of documents;
(e) that all federal public sector workers, with the exception of workers confidential to labour relations, be permitted to be members of a union;
(f) that the process of designation of workers should be a subject of negotiation between the employer and the bargaining agent. Failing agreement between the parties, the areas of dispute will be referred to an independent third party which should determine essential services and the number of workers deemed essential;
(g) all conditions related to job security, including contracting-out, training, retraining, relocation, reassignment and technological change must be negotiable; and
(h) full pro-rating of benefits, including pensions for part-time employees and equivalent treatment with respect to all other terms and conditions of employment must be negotiable.
Through demands to Treasury Board, the Public Service Commission and through the Joint Consultation Committee, the Alliance will continue to ensure that competitions within the federal government are widely advertised to all Alliance members, are conducted in a fair and impartial manner and, that all relevant information about the position and the testing procedures are made available to applicants in advance.
The Alliance will continue to promote federal employment on an indeterminate basis and work to improve the rights and benefits of their workers.
PAY NEGOTIATIONS
The Public Service Alliance of Canada is firmly committed to the principle of free collective bargaining as the only means to determine wages and working conditions in the public service. A system based on legislated criteria is fundamentally incompatible with free collective bargaining. Therefore, the Alliance is irrevocably opposed to any legislated restriction, including total compensation comparability, that may be proposed, initiated or legislated by the government. The Alliance will take any and all measures to fight the imposition of legislated wage determination in the federal public service.
Having regard for the importance of ascertaining equitable and adequate pay adjustments for Alliance members, the Alliance is committed to a collective bargaining posture aimed at:
(a) equal pay for work of equal value;
(b) resisting all pressures to either extend regional rate differentials where they presently exist or to establish such rates where they do not exist;
(c) attempting to eliminate as many regional wage differentials as is possible with available data in order to narrow the gap between the highest and the lowest paid regions;
(d) pressing for removal of the present structure of zones and working towards the establishment of one national rate;
(e) securing for Alliance members a fair and equitable share of the benefits of Canada's economic, productivity and technological advancement;
(f) ensuring that wages and salaries and/or increases in wages and salaries of Alliance members do not lag behind those obtained by workers outside the public service; and
(g) protecting the purchasing power of members' dollars against inflation through negotiations, including the negotiation of a cost-of-living allowance into each collective agreement.
In order to accomplish this, the Alliance shall have, as a priority, the elimination of all pay inequities and anomalies within its collective agreements. The Alliance is committed to the pursuit of alternative pay adjustment techniques to the across-the-board increases which were predominantly utilized, so far.
These alternatives shall include:
- identical dollar increases of all rates at all levels in a given occupational group or family of groups in a category;
- dollar or percentage increases, whichever is greater;
- graduated dollar increases with different percentage adjustments at relevant job levels;
- graduated dollar increases with different dollar adjustments at relevant job levels; and
- combinations of these alternatives in view of pay developments in the Canadian economy in general and within the public service in particular.
PSAC POLICY 3
JOB SECURITY
The goal of the Alliance is to achieve a no lay-off policy in the public service. Until such time as we are successful in negotiating a no lay-off clause, our policy will be based on the following principles:
(a) a notice of redundancy shall be of no less duration than 12 months as a norm; and, on termination, severance pay shall equal one week's pay for each year of service with no limit;
(b) seniority shall be the factor in the establishment of redundancy and lay-off lists and in determining reassignment of laid-off workers;
(c) as a means of ensuring that qualified workers are given maximum opportunity for reassignment, employer-sponsored retraining programs shall play a dominant role in ensuring adaptability to new work environments;
(d) no relocation of governmental operation shall take place without prior consultation and agreement of the Alliance respecting procedures to be followed in easing the impact of such relocation on members;
(e) when the member's job skills are threatened by technological change (changes) the employer shall be required to reassign the member to a job that utilizes that member's existing skills, and, when the skills are no longer transferable or required that members be trained into a job with comparable skills and job levels;
(f) that job security be identified as a priority bargaining demand for all Alliance bargaining units, and that the Alliance membership be encouraged to exercise its right to strike in order to achieve this goal;
(g) that the PSAC, through its publications, submissions to Parliament and the media take a strong stand on issues affecting the public sector and service to the public;
(h) that the PSAC oppose the continuation and creation of volunteer work programs which undermine service to the public and job security; and
(i) that the PSAC oppose the trend towards casual part-time employees at the expense of indeterminate positions.
PRIVATIZATION AND CONTRACTING-OUT
The Alliance has placed on the public record unequivocal opposition to privatization and contracting-out. Our opposition is based on both philosophical and economic considerations.
In the first instance, the Alliance rejects the notion that governments should abdicate, to the greatest extent possible, all activity that can be performed by the private sector. Likewise, the Alliance rejects the notion that private enterprise is inherently more efficient than the public sector.
Over the past few years, Canadian governments at the federal, provincial, territorial and municipal levels have embraced contracting-out/privatization as a panacea aimed at reducing both operating expenditures and the deficit. In response, the Alliance membership, with the full support of the National Board of Directors, the Alliance Executive Committee and the Components, has made the fightback a priority.
The fightback has included campaigns against the privatization and/or contracting-out of Canadian Arsenals, Canadian airports, Canadian Corrections and National Parole Board Services, and dry docks; contracting-out of mapping, cleaning services, data processing and dredging; deregulation of food inspection; militarization of civilian work within the department of National Defence; and the thousands of recommendations of the Nielsen Taskforce.
The twin goals of the Alliance have been, and continue to be, aimed at protecting the employment of Alliance members and ensuring Canadians that their services will continue to be provided in a comprehensive and competent manner by public sector workers.
It is the policy of the Public Service Alliance of Canada to pressure the government and its employing departments and agencies to adopt a policy of no contracting-out or privatization, and to enlist public support for its position in opposition to the practice of contracting-out and privatization.
To the extent that political intransigence prevents the achievement of this goal, the Alliance will be forced to respond to legislation and policy which actively promotes contracting-out and privatization. In any such response, the Alliance will act in accordance with the following principles:
- take every possible measure, including demonstrations and lobbies to prevent further contracting-out/privatization and to prevent the renewal of existing contracts;
- provide the Canadian public with an analysis of how privatization/contracting-out will adversely affect them;
- achieve, through collective bargaining, enhanced job security and protection of the historic work of all Alliance bargaining units;
- press the government for full disclosure of all financial information related to contracting-out and privatization, including all tendering documents and internal valuations;
- press the government for a commitment that any legislation or policy mandating contracting-out/privatization includes provisions protecting the acquired rights of Alliance members, including collective agreements, collective bargaining rights, mobility within the public sector, worker protection during the transition from one labour relations legislated regime to another pension entitlements and rights;
- press the government to discontinue the use of private temporary help agencies and to create its own agency that meets the government's requirements for temporary help and allowing laid-off federal public sector workers, and those who choose to work less than full-time, to maintain employment within the federal government;
- organize all unorganized, non-unionized workers of contractors who provide a service normally provided by workers of federal government departments, agencies and crown corporations;
- coordinate our efforts with those of other public and private sector unions as well as the Canadian Labour Congress by whatever means possible, to prevent contracting-out and privatization, including political action, participation in CLC and Federation campaigns against contracting-out/privatization; and
- promote and attempt to ensure that Canadian union-made goods and materials are utilized in the provision of public services by the Government of Canada.
This policy and associated principles will apply to all federal and territorial government departments and jurisdictions, agencies and crown corporations, and will include situations where the government transfers bargaining unit work to non-bargaining unit personnel.
HOURS OF WORK
One of the major goals of the Alliance collective bargaining efforts is to secure more leisure time for all workers by reducing their hours of work. Efforts towards achieving this goal will be continued.
Since the Alliance is committed to a reduction in working hours at no loss in take-home pay, we will seek a four-day work week to a maximum of 32 hours. However, the Alliance will continue to encourage experiments aimed at modifying working hours, including flexible and staggered hours of work.
Aside from the number of working hours, scheduling of hours is also of concern to the Alliance. Every worker has a right to know, with reasonable certainty, the schedule of the worker's working hours for a foreseeable future. Alliance efforts, therefore, will be directed to seeking a more restrictive set of clauses which would not permit unilateral changes in scheduled hours. In any event, to achieve more equitable hours of work, particular attention should be paid to shift workers.
PART-TIME EMPLOYMENT IN THE FEDERAL PUBLIC SERVICE
It is the policy of the Public Service Alliance of Canada to encourage the creation of full-time employment within the federal public service. This goal is undermined by the ability of the government, as Employer, to hire part-time and term workers under terms and conditions of employment that are not equitable to those that apply to full-time workers. The Alliance is committed, therefore, to the principle that workers who choose to work less than the regularly scheduled hours of a full-time worker or work for a short duration are not discriminated against by the Employer.
In order to ensure that full-time employment is maintained and expanded, and that part-time and term workers in the federal public service receive benefits at least in the same proportion as their hours of work compare with the normal hours of a full-time worker, it is the policy of the Public Service Alliance of Canada to ensure:
- that part-time employment in the federal public service is restricted to those workers and potential workers who choose to work part-time;
- that the minimum number of hours of a part-time worker will be at least 50% of the hours of a regular full-time worker;
- that all collective agreements should contain at least proportionally equal benefits for all workers covered by the agreement;
- that appropriate legislative and regulatory amendments will be sought to eliminate discrimination against part-time workers with regard to: unemployment insurance benefits, union membership, pension and superannuation, appointment procedures and wherever else they may exist;
- that the various PSAC publications give a full explanation of the inequities that part-time workers must currently endure; and
- that legislative amendments will be sought to eliminate discrimination against term workers with regard to benefits and union membership.
BILINGUALISM IN THE FEDERAL PUBLIC SERVICE
The PSAC recognizes and advocates the promotion of bilingualism in the federal public service in order to ensure that all services are made available to the Canadian public in both official languages.
The PSAC supports a federal public service bilingualism program aimed at respecting workers' language of work rights, and at providing access to appointment and advancement in federal institutions to English and French-speaking Canadians without regard to their ethnic origins or first language learned.
The PSAC considers that the proper identification of bilingual positions is one of the key instruments in achieving and sustaining a bilingual federal public service. Furthermore, more equitable proficiency allowances must be negotiated for members who use both official languages. Every position should be carefully evaluated as to the real need to deliver service to the public in both official languages and the actual level of bilingualism required. All federal public service workers, regardless of occupational group and level, must have access to adequate language training and regular upgrading at government expense, under the following circumstances:
(a) when knowledge of the other official language is a qualification of the worker's position;
(b) when it can be determined that the worker's promotional opportunities could be enhanced by the provision of language training; or
(c) when the worker is employed in the National Capital Region or in any place described by regulation as a bilingual region.
Unilingual workers who are in bilingual positions at the time their positions are designated bilingual or who are unsuccessful in their efforts to become bilingual must not be penalized in any way.
The federal government's policies are aimed at promoting bilingualism. Consequently, workers in bilingual positions who use both official languages in performing their duties must be paid fair wages. Furthermore, the Alliance will ensure that this allowance be increased annually in accordance with the average wage increase in the federal public service.
ORGANIZING
It is the policy of the Public Service Alliance of Canada (Alliance) to organize all workers who have a desire to share in the benefits of collective bargaining and union membership.
BACKGROUND
The federal government has over the past decade acted to cut back government services and programs, slash full-time staff jobs, increase workload, move work to the private sector, and contract out new and existing projects. Personal service contracts, "consultants" and agency employees are used to justify reductions in unionized positions.
Increasingly, federal institutions are being turned over to provincial and territorial jurisdictions and all indications are that in the present constitutional context this policy will continue.
The strategy of reducing and undermining the role of government has resulted in a significant reduction in Alliance membership.
The right to collective bargaining is under attack, not just in the federal government, but in society as a whole. The rate of unionization is decreasing. This decrease is closely related to government cutbacks as well as the loss of unionized, industrial and manufacturing sector jobs, the rapid growth of service sector jobs which are often part-time, casual or temporary and in large part non-union, the growth in the number of small workplaces and numerous other factors.
The Alliance is being challenged by the attacks on the level of government service and by devolution and constitutional change. We must act to counter the loss of our membership and to participate fully in the struggle of the labour movement to extend union rights to workers who do not presently enjoy these rights.
OBJECTIVES
In the face of these threats to the integrity of our union and its membership, the Alliance commits itself to:
- develop a strategy of unionization which targets the work and the programs which are being devolved and privatized as a key sector of organizing activity. A privatized public activity means moving unionized work to non-unionized, more poorly-paid employees. These employees should have the right to the union of their choice;
- offer the possibility of unionization to the non-unionized employees of programs and services funded by the federal government in communities across Canada;
- seek out mergers with staff associations and other non-affiliated bargaining agents who may be seeking the benefits of the services and membership in a large national organization;
- assess the viability of organizing national and local non-profit, cooperative and voluntary agencies and organizations;
- develop new strategies to reach out to workers in the service sector including security, maintenance, cleaning, child care, finance and other services. To work cooperatively with other organizations to target specific groups in this sector, which has a very low rate of unionization for organizing activity;
- be flexible as an organization and make all efforts possible to accommodate within our structure the needs of new groups of workers from outside the federal public service;
- work to ensure that union locals of the Alliance are themselves effectively organized to provide to our members the representation, services and training they require to exercise and benefit from their rights as union members;
- provide the resources and the coordination required to protect the benefits, collective agreements and union rights of our members who are transferred to territorial or provincial jurisdiction;
- assess all requests for organizing assistance from all workers for viability, ability to negotiate and service and estimated cost of organization;
- approach all organizations in a spirit of solidarity and cooperation with other organizations affiliated to the Canadian Labour Congress and to respect the agreements of the Congress regarding the resolution of possible disputes between affiliates; and
- assign available staff and financial resources necessary to make the organizing of unorganized workers a priority of Alliance union action.
BACKGROUND PAPER
History
Since its founding, the Public Service Alliance of Canada (Alliance) has changed to meet the needs of its members. Twenty-five years ago, the Alliance represented primarily federal workers. While the majority of our membership remains in the federal government, today we represent workers under ten different federal, provincial and territorial labour laws across the country. The Alliance has grown to meet the challenge of this diverse membership and Alliance policy has been and continues to be that shared by the labour movement, to organize the unorganized.
In the past decade, Alliance organizing efforts in the Northwest Territories and the Yukon have made the Alliance the major public service union in the North.
The Alliance led a campaign over six years to organize the workers of the House of Commons, Senate and Library of Parliament. This campaign culminated with the passage of special legislation and the successful certification of our new members on Parliament Hill.
The Alliance has successfully followed workers that have devolved to provincial jurisdiction. In cases such as Forintek, Moose Factory, Theratronics, Nordion and Deer Lodge Hospital, we now represent these workers under provincial jurisdiction.
The Alliance has organized workers in Crown Corporations and in services contracted out of the federal public service. On Canadian Forces Bases across the country, we have organized the employees of CANEX/Non-Public Funds.
Current Trends
Over the past few years, the Alliance membership has been shrinking as a result of the present government's strategy to reduce the role of government, programs to the public and the level of public service employment. We have also been forced to devote resources to the successful attempts of two major bargaining units to leave the Alliance.
These realities have led us to systematically reassess our organizing initiatives with a view to broadening organizing efforts to counter the actions of the employer, uncertainty for our membership around constitutional change and the call by the labour movement for increased efforts to organize non-unionized workers.
The document, the Anti-Raiding Taskforce Report on Organizing, was produced as part of an effort by the Alliance Executive Committee to come to terms with issues that contributed to the actions of some members of the Auditing Group, and resulted in a raid on our membership in 1989.
The document reviews the organizing process within our organization, considers what tactics and procedures have proved successful in the past, and makes recommendations on the procedures and practices to be adopted to achieve our organizing objectives in the coming months.
This document was submitted to the National Board of Directors (NBoD) for consideration in January 1990, debated, and adopted by the NBoD at its May 1990 meeting. In the ensuing months, some of the recommendations have been implemented, others are in process.
Although the document provides a framework to guide our actions and discussion around organizing, it is in no sense exhaustive, and cannot anticipate opportunities or situations which may arise. Success in organizing will depend on our union's ability to be flexible, to react without delay, to convey our message effectively to non-unionized workers, and to target and pursue our objectives with determination.
COLLECTIVE BARGAINING - ALLIANCE MEMBERS WHOSE EMPLOYER IS THE TREASURY BOARD (Amended in 1994)
Since the inception of collective bargaining in the federal public service brought into being by the passage of the Public Service Staff Relations Act (PSSRA) in 1967, the environment affecting negotiations with the Treasury Board has been influenced by a number of factors including, but not limited to, social, political and economic conditions, membership concerns and priorities, degrees of militancy, and the ebb and flow of employer attitudes, to say nothing of political philosophies of governments in power.
Over the years, issues and priorities of the Union and its membership have varied as have bargaining strategies. In establishing approaches and procedures for negotiations consistent with Alliance policies on collective bargaining, many factors must be examined and considered in order to bring about the best possible terms and conditions of employment possible for members whose employer is the Treasury Board.
All bargaining processes and strategies must be based on the principles that leadership must be exercised within the context of inclusiveness, that segments of the membership, both large and small, must be represented in a balanced fashion and that bargaining direction and strategy must be tailored to take into consideration prevailing conditions.
BARGAINING OPTIONS
Over the years, the Alliance has sought a number of changes to the existing provisions of the PSSRA, none the least of which is to bring collective bargaining in the federal public service under the Canada Labour Code. The rationale for the case put forward has been based on the principle that free collective bargaining should be available to federal public service employees on an equal footing with other workers under federal jurisdiction. In 1993, the PSSRA was amended not to provide the free and open bargaining process sought by the Alliance under the Canada Labour Code, but in many respects addressing some of the Alliance's concerns with the old PSSRA.
In order to meet changing conditions, the options to bargaining available to Alliance members employed by Treasury Board must allow for flexible, democratically- determined choices, as well as an ability to meet current and prevailing conditions. In this regard, the following principles will be observed.
MASTER CONTRACT
1. MASTER CONTRACT
(a) The PSAC will negotiate with the purpose of obtaining master contracts for members whose employer is the Treasury Board of Canada.
The PSAC will move carefully and deliberately, taking into consideration community of interest and ensuring it is advantageous to the membership.
2. MULTI-GROUP BARGAINING
(a) The PSAC will continue to seek to maintain common fronts for all occupational groups which can be grouped into multi-group tables.
(b) The PSAC will ensure that there is agreement with the Treasury Board on the procedure to be followed in conducting multi-group negotiations, prior to each round of bargaining.
(c) The PSAC will continue to work towards bringing the expiry dates of all contracts to a common date.
3. INPUT AND DEMANDS
The Collective Bargaining Committee of the NBoD will be mandated to establish the initial demands for all tables/units concerned. These demands will be presented in principle, with appropriate rationales to the membership through Regional Bargaining Conferences.
4. REGIONAL BARGAINING CONFERENCES
(a) Regional Bargaining Conferences will be established to review input, deal with issues relating to bargaining with the employer, and elect representatives to negotiating teams.
(b) In addition to Component representatives, representatives of the Regional Women's Committees, as well as the Alliance's designated equity groups will participate as delegates to the Regional Bargaining Conferences.
5. NEGOTIATING TEAMS
(a) Negotiating team members for all bargaining units/tables will be elected by Regional Bargaining Conferences.
(b) Further, the Alliance Executive Committee will appoint to negotiating teams, from nominations made by Components, representatives to ensure the most proportionate representation possible on the basis of gender, designated equity groups, geographic and component populations, in relation to the membership distribution by bargaining unit/table.
(c) Negotiating teams, acting as Bargaining Committees, will establish the final set of demands and, in all cases, will set priorities for each round of bargaining.
6. SINGLE GROUP BARGAINING
(a) Where appropriate, the PSAC will pursue the negotiating of collective agreements on the basis of single bargaining units.
(b) While maintaining the position that in most circumstances multi or master unit bargaining is advantageous, based on the principles that together we stand, divided we fall, it is recognized that unique circumstances for unique bargaining units may lead to single unit negotiations.
7. DISPUTE SETTLEMENT ROUTE
(a) The PSAC will emphasize the conciliation/strike route, recognizing that circumstances may dictate that, at times, binding conciliation or arbitration may be appropriate.
(b) The Alliance Executive Committee will ensure that Alliance education programs and publications will, in order to allow the membership to make informed choices, inform the membership of the advantages and disadvantages of the various dispute settlement routes available by:
(i) developing an information package for use by Locals;
(ii) informative articles in Alliance publications; and
(iii) reporting to each National Convention the results of this program and recommendations to improve it.
(c) Where the National Board of Directors or a significant proportion of an identifiable bargaining unit or coalition of units recommend or request an alteration in dispute settlement route, a vote will be conducted amongst those directly affected. In such cases, the National Board of Directors will recommend a preferred option and a majority of those affected shall determine the dispute settlement route.
TRAINING IN THE PUBLIC SERVICE
Basic objectives of the policy of the Alliance on training will be to:
- ensure that training programs in the public service are based not only in recognition of Employer's needs, but also in recognition of the worker's needs, and that these should be revised on an annual basis; and
- ascertain that more emphasis is given to training programs for workers in lower-paid groups in the public service.
Towards these goals, the Alliance will continue its efforts to establish training programs in the following areas:
(a) Trades Training Programs including Apprenticeship Training for workers in the General Labour and Trades Group.
(b) Career Development Plans with the inclusion of appropriate training opportunities for workers in the Administrative Support Category and in the Operational Category.
(c) Training Programs for workers in the Technical Category, in particular for specialized areas affected by continuing research and development in specific fields.
(d) Training and retraining for workers adversely affected by technological, operational and other changes.
The Alliance recognizes the difficulties in establishing training programs on a service-wide basis where departmental requirements vary considerably. The Alliance also recognizes that in order to provide advancement opportunity to workers who successfully complete the training, it would be necessary that training is coordinated with manpower requirements and the staffing policy in the public service. Therefore, the Alliance will approach the question of training on a selection basis after reviewing those aspects of employment in the public service which affect training of workers.
SPECIAL BENEFITS FOR ALLIANCE MEMBERS AGE 50 AND OVER
The Public Service Alliance of Canada is aware of the steady increase in the average age of Alliance members working in the public service of Canada and also those working for other employers.
The Alliance is particularly concerned about the special needs of our members age 50 and over, and is therefore determined to achieve improved benefits and working conditions which would satisfy those needs.
The following facts were taken into consideration when establishing Alliance policy in this regard:
(a) Significant numbers of Alliance members are in the age group of 50 years and over.
(b) There are occupational groups in the public service of Canada where the proportion of these workers exceeds one-third of the group's total population.
(c) Public service workers age 50 and over are predominantly male, however, almost one-third are female. It is expected that the gradual aging process in the public service will continue, increasing thereby the average age of workers of both sexes. The same can be reasonably expected to occur in Alliance bargaining units other than those in the public service.
(d) While many members age 50 and over may have accumulated a relatively greater number of years of pensionable service, there are a large number of such members who do not have many years of service, and in consequence, their expected pension will be inadequate to maintain a reasonable standard of living.
On the basis of the above facts, it is Alliance policy to pursue the following objectives, both through collective bargaining and joint consultation.
1. Collective Bargaining Priorities
1.1 Removal of existing cap regarding years of continuous employment for the purpose of increasing achievable maximum payments of severance pay.
1.2 Long service pay.
1.3 Improvement of vacation leave provisions.
1.4 Establishment of early retirement plans including early retirement allowances, separate from existing pension plans.
2. Joint Consultation Priorities
2.1 Improving benefits in existing pension plans.
2.2 Securing survivors' benefits which would guarantee a percentage of the members' salaries to their survivors, in addition to and separate from such benefits payable under the provisions of the Public Service Superannuation Act or of other relevant pension plans.
2.3 Better monitoring by the Public Service Commission of cases of discrimination in staffing based on age.
2.4 Introducing a jointly-administered pre-retirement counselling program.
SUPERANNUATION
The Public Service Alliance of Canada is committed to improving the welfare of its former members after they have retired from the public service of Canada, as a logical continuation of our services to Alliance members during their working lives.
Retired Alliance members are no longer subject to collective bargaining which prior to their retirement was one of the most significant means to set, maintain and improve their terms and conditions of employment. Once retired, our members' pension income is substantially lower than their employment earnings were.
In consequence, our members and their survivors need the Alliance to protect their public service pension plan and the benefits provided under the Public Service Superannuation Act, the Supplementary Retirement Benefits Act (pension indexation) and Regulations pertaining thereto.
In addition, the Alliance seeks to update legislation governing the present public service pension plan, resulting in a plan fully financed by the employer on behalf of members, the upgrading of certain retirement benefits and in the overall improvement of provisions of the plan, by incorporating relevant features brought about by changes in pension benefit standards legislation not directly applicable to workers in the public service, achieved in recent years throughout Canada. Among these are earlier vesting and better portability (including not only workers but also the employer's share of pension contributions plus reasonable interest), increase of surviving spouses' benefits, coverage of part-time workers, meaningful representation and participation of plan members on committees and boards managing the pension plan, regular disclosure of pension plan information to plan members, their spouses and their union and other related issues.
In order to accomplish the above objectives, the Public Service Alliance of Canada has adopted this policy regarding superannuation. The Alliance will seek to achieve the following:
1. Alliance Participation in Managing the Public Service Pension Plan
1.1 Alliance members, workers of the public service of Canada, are equally affected by the provisions of the Public Service Superannuation Plan. Consequently, they demand the right to equal representation and participation with the employer on management or administration committees or boards making joint decisions concerning formulation of pension policy, financial funding, investing and general administration of their pension plan.
1.2 The Alliance demands the right to jointly determine the contents of the public service pension plan, and will continue to present pension-related requests of its working and retired members to the government of Canada. The PSAC also demands that the public service pension plan and its benefits be subject to ongoing joint in-depth study, review and improvement through relevant changes in legislation and regulations.
2. Administration of Public Service Pension Plan
2.1 The Alliance demands better and more efficient administration of the pension plan, particularly the annual disclosure by a Certificate of Superannuation Entitlement of accurate and timely information to workers, their spouses and survivors regarding plan members' years and days of pensionable service, pension benefit entitlement, accumulated contributions, the general financial situation of the pension fund and other related matters.
2.2 Improved administrative methods are called for in determining retirees' benefits so that they can be obtained without long delay. Subsequent pension cheques should be issued and sent to retirees every two weeks.
2.3 Superannuation benefits, if not paid within 60 calendar days, should include interest at the bank rate.
2.4 The Alliance demands timeliness and accuracy in providing complete pension-related information by the employer particularly to workers who are newly hired and those who are about to retire, as delays in making necessary decisions are very costly to the workers concerned (e.g. deadlines regarding elective service, reciprocal transfer agreements, benefit options and others).
2.5 The information system regarding the public service pension plan be improved not only generally but also specifically in respect of providing complete, accurate and timely information to surviving spouses and dependent children who are in an especially difficult situation following the death of the pension plan member, about available benefits and related matters. (For example, survivors should be informed that some benefits paid after the plan member's death may not be subject to income tax, etc.)
2.6 Contributions to the public service pension plan be kept intact as a trust fund and be vested. All disbursements or withdrawals from the fund be restricted to the sole purpose of providing pensions to the persons covered by this plan upon termination of employment.
2.7 The public service pension trust fund be invested in low-risk investments at the market rate of interest.
2.8 Deficiencies identified as a result of the review of the pension plan governed by the Public Service Superannuation Act be corrected.
2.9 The PSAC to take all legal steps to apply pressure on the government of Canada to make it accountable in cash for the PSAC members' pension fund (FULLY FUNDED).
2.10 Contributions of PSAC members and the government be deposited in a special account jointly overseen by the PSAC and the government.
2.11 Billions of dollars owed to the pension fund by the government be repaid at a set sum per year until all back-debt is paid back to our pension fund (suggested period of 20 years).
3. Pension Indexation
The real purchasing power of Alliance members' pensions must be fully protected against consumer price inflation. Consequently, the Alliance demands continuing full indexing of pensions of its retired members reflecting developments in the Consumer Price Index in Canada.
4. Formula for Salary Averaging
4.1 Alliance members demand that the retirement pension be based on up to 85% of the average pay of the two highest-paid years of service. The pension formula to be based on 2.5% for each year of service.
4.2 They also demand that the current formula of reducing public service pension benefits at age 65 (or earlier, if receiving pension benefits on account of disability) due to the integration of the public service pension plan with the Canada/Québec Pension Plan, be revised and made more equitable.
The formula should be based on "average maximum contributory earnings" rather than the currently utilized "average maximum pensionable earnings" as the present procedure adversely affects members' pension benefits by reducing them.
At the time of writing (1989), public service workers contribute to the superannuation account 6.5% of the first $2,700 of their salaries; 4.4% of the portion between $2,700 and $27,700, plus 2.1% contribution for this portion which represents the Yearly Basic Exemption (YBE) and the Yearly Maximum Pensionable Earnings (YMPE) under C/QPP and 6.5% on any salary above the YMPE.
In computing the amount of reduction in public service pensions, the formula used is .007 x number of years contributory service since January 1, 1966 x average maximum pensionable earnings for year of retirement.
The above formula uses the average maximum pensionable earnings as though the contribution to the PS superannuation account had been 4.4% on the first $27,700 rather than only on the portion between $2,700 and $27,700, namely only $25,000, which is to the detriment of the workers affected.
4.3 Alliance members are seeking more flexibility in selection of retirement benefits. The present pension formula is 2% for each year of service (1% for surviving spouses). Many members have different needs, which are not taken into consideration by the current system.
For example, one contributor may need a lesser pension while the contributor lives, but a substantial percentage (e.g. 80% or 100%) for the surviving spouse. Another may need a greater pension when retiring before the age of 65, at which time unreduced Canada/Québec Pension Plan and Old Age Security benefits will increase the pension's income.
In view of the above, we demand the development of a more flexible pension plan.
5. Flexible Retirement Age
Alliance members support the concept of a flexible retirement program for all workers, and specifically demand the right to decide the age at which they will retire with a fully indexed pension.
6. Supplementary Death Benefit (SDB)
6.1 The SDB provisions be improved to eliminate all reductions in benefits.
6.2 Where there is a retroactive increase in salary as a result of a new collective agreement or other relevant instrument, the supplementary death benefit be based on the revised salary.
6.3 Members of the PSAC to have their SDB premiums paid by the employer.
6.4 Increase the SDB to two times the annual salary (currently one time).
6.5 Alliance members demand that a study group be set up to review the present Supplementary Death Benefit Plan benefits and meet with Treasury Board with a view to having the employer provide a plan with increased benefits.
7. Borrowing from the Pension Fund
Alliance members demand a study be made to ascertain the possibility of obtaining funds for these members from the pension fund for mortgage purposes at a reasonable rate of interest.
8. Pension Contributions During Periods of Leave Without Pay (LWOP)
8.1 Deductions of pension contributions, including repayment following return from LWOP, should be confined to double rate.
8.2 While a worker is on LWOP and is drawing benefits under the Disability Insurance Plan, the employer shall pay both the employer and the worker's contributions to the Public Service Superannuation Plan.
9. Privatization/Devolution
Grandfathering PSSA Pension Coverage
Alliance members demand that the PSAC undertake a campaign to change the legislation, rules and regulations of the Public Service Superannuation Act, so that workers affected by privatization/devolution may continue under the PSSA pension coverage at a reasonable cost or be guaranteed equivalent coverage under different legislation.
10. Lock-in
The "lock-in" factor be revised by change of the Public Service Superannuation Act to apply after 20 or more years of pensionable service.
The "vesting" period of the Public Service Superannuation Plan be reduced to two years as per the provisions of the Pension Benefit Standards Legislation.
11. Increasing Pensionable Service
11.1 Workers be given the option to take severance pay as continuing pay and utilize the equivalent of that period to increase their pensionable service.
11.2 Sick leave credits be added at the maximum rate of pay of the worker and included in calculations of best average income for superannuation purposes.
11.3 Operational workers, working rotating, split or continuous shift work be credited with one year's equivalent of paid-up pensionable service for every five-year period or part thereof such shift work.
11.4 The Public Service Superannuation Act and Regulations be amended that henceforth all seasonal workers be permitted to contribute to, or buy back, all time between seasons.
11.5 All workers of the government of Canada, including locally-engaged staff abroad, be required to take part in the Public Service Superannuation Plan from their first day of employment.
11.6 That pensionable service include all continuous or discontinuous service in federal public service including status as casual, seasonal, term or indeterminate.
12. Portability
12.1 Time restrictions regarding pension portability set forth in reciprocal transfer agreements be removed.
12.2 Years of service in provincial schools, irrespective of time periods, be transferable into the Public Service Superannuation Plan.
13. Stacking of CPP/QPP Pension Benefits
The Alliance demands that pension benefits payable under the Public Service Superannuation Plan and CPP/QPP benefits be stacked at the worker's option.
14. Survivor Benefits
14.1 Surviving spouse and dependent children be entitled to the contributing pension plan member's full pension which was payable to such member at the time of the member's death. Children who are mentally or physically disabled are to receive the member's full pension as long as it is required.
14.2 The provisions of the pension plan be repealed that disentitle the surviving spouse to benefits where the marriage took place after the contributing spouse retired.
14.3 The pension plan to extend surviving spouses' benefits to common-law and same-sex spouses in the same manner as benefits are granted to surviving spouses.
14.4 Dependents of members who die while engaged in or as a direct result of a work-related situation or event shall immediately qualify for the following financial benefits:
(a) become the recipient of an automatic life insurance with a face value of no less than $100,000;
(b) qualify for an immediately fully-indexed annuity to be calculated at full value in the same manner as a worker with 35 years of service;
(c) a trust fund be set up on behalf of the surviving children to cover the full costs of their future education; and
(d) the above accrued benefits shall not be abated by compensation payment received from the CPP/QPP or the Death Benefit, which benefits have been fully paid by the worker.
14.5 All remuneration payable to the estate/beneficiary of a member be paid within one month from the date of receipt of the employee's death certificate.
15. Early Retirement With No Penalty
15.1 The PSAC demands that Treasury Board provide an early retirement package without penalty.
15.2 On voluntary retirement at age 55 and over, the 5% per year penalty reducing pension benefits and the reduction in severance pay be eliminated.
15.3 Workers in the Correctional Service of Canada be allowed to retire after 25 years of service with a full pension of 75%.
15.4 Workers in the Firefighters' Group to have the right to retire with a pension without penalty after 25 years of service and 50 years of age.
15.5 Firefighters who were found incapable for medical reasons to perform the duties of their position to have the right to retire on a full pension without penalty, if such workers have accumulated 20 years of service.
15.6 Shift workers with 20 years of such service be awarded an immediate annuity of 2.5% per year with no penalty.
15.7 In exceptional cases, where a worker is only two years or less short of collecting an annual allowance, a waiver be made in respect of the age/service combination required normally.
15.8 On lay-off, the workers affected to be entitled to a pension based on the number of years of continuous service, without any penalty whatsoever.
16. Other Issues Related to Superannuation
Alliance members demand that the government shelve the changes in the Unemployment Insurance program which consider pension income and separation payments, such as severance pay, as earned income when eligibility for unemployment insurance is determined.
General
The above PSAC policy sets forth the demands of Alliance members regarding improvements of the public service pension plan. They were submitted to the PSAC by Convention resolutions, decisions taken by the National Board of Directors and by the members directly.
The Public Service Alliance of Canada is committed to continue taking necessary action requesting that the government of Canada implement this superannuation policy as it was determined by Alliance members.
In order to achieve the above objective, we will continue maintaining our close working relationship with our retired members and their representatives, other public service unions, the Canadian Labour Congress and other relevant organizations.
COORDINATION OF BARGAINING FOR UNITS OTHER THAN THOSE UNDER THE PSSRA, SCHEDULE I, PART I
Having regard to the relatively small size, location of headquarters, language requirement and legislative framework under which collective bargaining takes place for PSAC units under legislation other than the PSSRA, Schedule I, Part I, the policy of the Alliance will be to:
- place greater emphasis on negotiations of agreements for as many of these units as practical by the field staff of the Alliance;
- coordinate the work of the field staff through a Staff Officer in the Membership Services Branch charged with the specific responsibility of coordinating these units;
- continue the practice of negotiating collective agreements for larger units directly by the Staff Officers of the Membership Services Branch until such time as the field staff have gained enough experience and expertise;
- continue the practice of Staff Officers of the Membership Services Branch negotiating collective agreements for units with headquarters in the National Capital Region subject to coordination as stated above; and
- coordinate bargaining efforts of the Components through the Staff Officer in the Membership Services Branch assigned responsibility to coordinate collective bargaining for these units.
EQUAL PAY FOR WORK OF EQUAL VALUE
In order to ensure that the provisions of Sections 7, 10 and 11 of the Canadian Human Rights Act, which establish the principle of equal pay for work of equal value, are fully implemented to improve the compensation entitlements of all Alliance members affected, it will be the policy of the Public Service Alliance of Canada to ensure that:
- no collective agreement is signed which contains a discriminatory provision;
- the Alliance as a matter of policy negotiate classification plans which include the principles of equal pay for work of equal value applicable to all members;
- all member complaints are investigated and, if justifiable, are acted upon either at the bargaining table, before the Human Rights Commission or both;
- all NJC policies and directives are free from bias before Staff Side approval is given;
- special studies are undertaken to determine the existence and possible extent of discriminatory wage rates and other compensation matters;
- the various PSAC publications give full coverage to discriminatory compensation cases whether these occur in the public service or outside;
- the PSAC Education Program include sufficient information to ensure that participants are aware of the provisions of the Canadian Human Rights Act with respect to equal pay and to understand the resultant implications;
- all equalization payments related to pay equity be integrated into salary scales and incorporated into collective agreements;
- the PSAC continue to seek improvements to the Canadian Human Rights Act in order to ensure that the Canadian Human Rights Commission fully implement equal pay for work of equal value, in a timely manner; and
- the Alliance seek legislative improvements on the equal pay issue through the house of labour, e.g. the Canadian Labour Congress, Federations of Labour, District Labour Councils, organized working women's groups, etc.
PENSIONS IN CANADA
It is a frustrating fact that the majority of Canadian workers are not covered by any employer-sponsored pension plans. In particular, employers and pension industry in the private sector have been unable to provide Canadian workers with adequate retirement income.
Furthermore, it is not mandatory for outside sector employers to even have a pension plan for their workers.
But even those workers who are covered by employer-sponsored plans are finding that their "coverage" was usually very poor, as those pension plans had the following fundamental shortcomings until legislative changes introduced only a few years back improved the situation:
(a) A worker belonging to an employer-sponsored plan may not have ultimately received a pension from that plan at all. Workers changing employers or leaving employment prior to retirement often lost their pension rights. If they belonged to a pension plan where the employer made all the contributions, they may not receive anything at all, despite that pensions are, in fact, deferred wages.
(b) Only few employer-sponsored outside sector plans provide for automatic cost-of-living increases. Consequently, even if a worker does receive a pension, its purchasing power erodes very quickly.
(c) Women experience even worse pension problems as they are likely employed in jobs without pension coverage at all. Also, as women may change jobs more often than men, due to family responsibilities and other reasons, they are more likely to acquire, at best, only very inadequate pension benefits. Furthermore, many pension plans did not provide survivor benefits and did not protect spouses on marriage breakdown.
As legislative changes to the Federal Pension Benefit Standards Act, the Canada Pension Plan and to some provincial pension legislation indicate, the federal and provincial governments are endeavouring to change at least some of these problems within their jurisdictions. New pension standards legislation provides for survivor benefits, earlier vesting, portability, benefit splitting and other improvements. However, while encouraging pension adjustments reflecting inflation, the governments stopped short from establishing, in their legislative amendments, mandatory full pension indexation reflecting consumer price increases, in all public and private pension plans in Canada.
The Alliance is also aware that recent legislative changes improving pension standards in Canada did not change the above shortcomings retroactively. Many years will pass before Canadian workers will enjoy the impact of these changes.
In view of the above, it is the policy of the Public Service Alliance of Canada that the following pension-related objectives be achieved for all Canadian workers and their families:
1. All Canadians must have an adequate retirement income which will ensure that they will not live in poverty.
2. An adequate retirement income must be large enough in relation to pre-retirement earnings so that retirement does not result in a substantial decline in the pre-retirement standard of living of workers and their families.
3. Adequate retirement incomes of all Canadians must be fully indexed to increases in the cost of living reflecting developments in the Consumer Price Index, in order to avoid an erosion of pension incomes' real purchasing power.
In order to achieve the above objectives, the Public Service Alliance of Canada unequivocally endorses the position of the Canadian Labour Congress which demands that:
(i) Old Age Security and Guaranteed Income Supplement benefits be increased to ensure that no retired Canadian lives below the poverty line;
(ii) Canada and Québec Pension Plan benefits be doubled;
(iii) federal and provincial legislation ban employers from removing pension fund surpluses;
(iv) federal and provincial legislation require the indexation of occupational pension plan benefits to protect their value from the disastrous effects of inflation;
(v) further changes be made to the design of the Canada and Québec Pension Plans to permit pensions for homemakers based on the mandatory equal sharing of retirement benefits under these Plans; and
(vi) further changes be made to the Pension Benefits Standards Act and provincial legislation governing occupational pension plans to guarantee control of these plans by plan members.
The Alliance further demands that the government of Canada amend the Old Age Security Plan and Canada/Québec Pension Plans to optional retirement at 60 years to be accomplished in a five-year period (i.e. unreduced Old Age Security and Canada/Québec Pension Plan benefits be payable at 65 years, 64 years, etc.).
SAFETY AND HEALTH
The Alliance has a vital interest in protecting the occupational health and safety of its members. A new approach shall be developed, based on a joint union-management role in all safety and health programs in order to increase their effectiveness and their relevance to all workers. This approach will be based on the following features:
1. Develop and maintain effective joint union-management safety and health committees at all levels.
2. Promote union and worker participation in program design and in the development of safety and health policies.
3. Promote greater emphasis on worker health and safety in legislation, including union and worker's rights and joint responsibilities.
4. Develop a concerted effort to include strong safety and health commitments in collective agreements.
5. Ensure that individual health and safety concerns are adequately addressed while recognizing the importance of ongoing work in service-wide areas such as carcinogens, air quality, AIDS, WHMIS, occupational stress, inherent workplace hazards and the social/psychological effects of unsafe and hazardous workplace environments.
6. Develop and implement an ongoing information and training program for all affected members and officers; such programs to stress good environmental practices among our members. Develop a periodic publication dealing with safety and health matters to maintain awareness, to improve members' ability to solve problems, and to indicate the seriousness of Alliance concerns.
7. Maintain an ongoing capability to monitor programs, guide members and officers, incorporate new standards of knowledge, and act as a central resource on all matters related to occupational safety and health.
8. Assign the necessary resources to accomplish the above, and to provide representation, education and health and safety conferences to all members in the area of health and safety.
9. Promote the existence and expansion of the Canadian Centre for Occupational Health and Safety as a national reference centre with advisory responsibilities for manufacturing, storing and transporting of hazardous materials.
PAID EDUCATIONAL LEAVE
The Alliance must be responsive to the accelerating changes in educational, leisure and work patterns occurring throughout Canadian society. Traditional education patterns no longer meet the needs of workers and contribute to their immobility and obsolescence. New initiatives are needed to provide for learning opportunities which will benefit workers, employers and society at large. One of the means by which considerable improvement in workers' lives, in productivity and in social progress can be achieved, is Paid Education Leave (PEL). The Alliance fully supports the concept of PEL and will promote it through the following measures:
1. A concerted effort will be made to achieve an appropriate system of PEL through the collective bargaining process. This has met with some success in the private sector. It will not be easily attained in the public service, because of the employer's reluctance to satisfy newly-voiced demands or to set new trends. A concerted effort will be necessary, repeating the demand with each group.
2. Failing success in the collective bargaining forum and because of the general application and because of the complexity of PEL, the subject of paid educational leave will be pursued through the establishment of appropriate committees to guide the development and implementation of an appropriate system of PEL.
3. Appropriate legislation will be sought concurrent with Alliance efforts to gain PEL through collective bargaining. In the long run, a national system of paid educational leave will be required to make PEL available to all workers and to set minimum standards. The efforts of the CLC, provincial Federations of Labour and other labour organizations towards this end will be supported.
4. The Alliance will closely monitor, and seek to influence, the enquiries and recommendations of the Commission on Educational Leave and Productivity. The Alliance will follow the Commission's deliberations, respond to its report, and coordinate its efforts with those of other labour bodies, in order to ensure that the needs of Alliance members and workers everywhere are met.
EQUAL OPPORTUNITY
In developing its policy with respect to equal opportunity, the Alliance has taken the following into account:
1. Despite government directives on equal opportunities in the public service over the past three years, the position has not improved to any great extent.
2. It is apparent that the directives have not been effective. For example, the gap between the average earnings of men and women is almost as wide, and the percentage of female workers in low income positions remains appreciably higher than that of the male.
3. While there is some improvement in the participation of women in the PSAC, Component and Local activities, the ratio by percentage of male and female members compared to the ratio of women delegates, elected officers, and training participants leaves a great deal to be desired on everyone's part.
Based on these facts, the Alliance will pursue the following policy:
Committee Formation
1. Establish standing EO Committees at all levels, i.e. PSAC, Components and Locals.
2. Establish uniform terms of reference to create a network of communication between all Local, Regional and National Executives, across Component lines to promote equal opportunities, and eliminate discrimination of any kind.
Education
1. Implement specific training and education programs in the PSAC to instruct, inform and educate the membership on equal opportunity.
2. Make use of the regional offices of the PSAC to conduct seminars, information meetings and education programs across Component lines in all regional office locations.
Collective Bargaining
Through collective bargaining, give special attention to all proposals forthcoming from the membership which deal with equal opportunity, and the elimination of discrimination and give them top priority in all contract negotiations.
The Alliance must make every reasonable effort to have its bargaining committees and negotiating teams reflect proportional representation by gender in relation to bargaining unit/team population.
Consultation
Through NJC consultation, seek improvements in the present public service attitude towards training, education, career development and advancement, career counselling and other related areas, when the specific need exists, as identified by the EO Committee findings.
Collaboration
Collaborate with the public service to promote the departmental action plans and produce suggestions for further improvement in all areas of need located by the EO Committees.
Encourage members to collaborate with other organizations dealing with equal opportunity and the elimination of discrimination, i.e., the provincial Federations of Labour, the Canadian Labour Congress, The Organized Working Women, etc.
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Date Modified : 2008/02/28
Public Service Alliance of Canada | 233, Gilmour Street, Ottawa, ONTARIO CANADA, K2P 0P1, Tel.: 1 888 604-7722 (PSAC)