On October 22, 2013, proposed changes to modernize and streamline the collective bargaining process and the public service recourse system were tabled as part of Budget Implementation Act, Part II.
The proposed changes would amend the Public Service Labour Relations Act (PSLRA) to support more timely outcomes to the collective bargaining process. Similarly, proposed changes to the public service recourse process would amend both the PSLRA and the Public Service Employment Act to eliminate some of the duplication and overlap that exist under the current regime, creating a more streamlined approach to employee recourse.
Specifically, the proposed amendments will modify the collective bargaining process by:
- allowing both parties to serve notice to bargain 12 months before agreements expire;
- providing the employer with exclusive right to determine essential services;
- establishing conciliation/strike as the default dispute resolution mechanism—arbitration will be the resolution mechanism only in cases where bargaining units have 80 percent or more of their positions designated essential, or if both parties mutually consent to binding arbitration;
- requiring public interest commissions and arbitration boards to give greater consideration to recruitment and retention and Canada’s fiscal circumstances over other factors, as well as considering all elements of compensation, not just wages, when making awards or recommendations;
- requiring public interest commissions and arbitration boards to set out reasons when making awards and recommendations;
- requiring separate agencies to seek approval from the Treasury Board President before consenting to binding arbitration; and
- eliminating the compensation analysis and research function of the Public Service Labour Relations Board.
Proposed amendments to the public service recourse process include:
- handling allegations of employment-related discrimination complaints only through the grievance process rather than through possibly both the grievance process and the Canadian Human Rights Commission process;
- requiring bargaining agents and the employer/deputy heads to share expenses of grievance adjudication;
- requiring employees to obtain bargaining agent support before filing a grievance, except for grievances related to discrimination;
- streamlining the staffing complaints process;
- streamlining the policy grievances process; and
- consolidating public service tribunals (Public Service Labour Relations Board and the Public Service Staffing Tribunal).
A technical briefing will be organized to review these proposed amendments in more detail.
Daniel Watson
Chief Human Resources Officer | Dirigeant principal des ressources humaines
Treasury Board of Canada Secretariat | Secrétariat du Conseil du Trésor du Canada