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Information for FI members
Collective Bargaining Process
ACFO on behalf of FI members is currently engaged in face-to-negotiations with Treasury Board on a new collective agreement. Negotiations have been suspended during the Federal Election and will resume in early to mid-February. If we do not reach an agreement with TB at these meetings we will have to continue to move to the next stages of the collective bargaining process. This bulletin is to make you aware of the steps in that process.
1. Impasse
An impasse in negotiations means that one or both of the parties agree that it will not be possible to reach a collective agreement in face-to face negotiations. Once that decision is made then an impasse is declared.
2. Essential Services Agreement
Under this step in the process both parties have to agree on the number of employees who will be deemed essential in the case of any withdrawal of services. An essential service is defined under Subsection 4(1) of the Public Service Labour Relations Act as a "service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public." Note that inconvenience to the public is not a valid consideration for determining essential services. If no agreement can be negotiated between the parties then the Public Service Labour Relations Board (PSLRB) will convene a hearing in which both sides put forward their positions and then the PSLRB will decide which employees are declared essential.
3. Request for Conciliation
Either party may request in writing to the PSLRB Chairperson for Conciliation. The request must include the terms and conditions of employment and the most recent collective agreement, as well as its proposals with regards to those terms and conditions which are outstanding. The PSLRB Chairperson may consult with the parties and recommend that a Public Interest Commission be established. The Public Interest Commission replaces what was known as a Conciliation Board.
4. Establishment of Public Interest Commission
The Public Interest Commission could consist of a single member or three members upon the request of the parties. In that case both sides will appoint one person and these two people will select a chairperson from a list prepared by the PSLRB. The Public Interest Commission must submit a report to the PSLRB Chairperson within 30 days or a longer period agreed to by the parties or determined by the PSLRB Chairperson.
Treasury Board and ACFO would normally meet to see if they could negotiate an agreement following receipt of the Commission Report. If there is no agreement then 7 days after the report is received ACFO FI members would be in a legal strike position.
5. Membership Vote
There will be a membership vote at some point in this process to determine if the membership accepts or rejects the last offer from Treasury Board. In addition ACFO is required to conduct a membership vote 60 days prior to any strike action taking place.
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