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News - March 2010

The headlines for news items published during this month are listed below.

Click on the headline of your choice to see the entire text of the article.

• New talks to tackle SDA-II cases

New talks to tackle SDA-II cases

Posted March 31, 2010

As mandated by the National President of the PSAC, the National Health Union is moving forward with the next phase of a process that could lead to a settlement of the longstanding SDA-II cases for our former members now working at Service Canada.

On the brink of a hearing before the Public Service Labours Relations Board (PSLRB), the employer and the union met and agreed to further talks on the SDA-II cases. Unlike past discussions, however, the new talks have fixed timelines and a commitment to bring representatives to the table with the mandate and authority to settle.

The Labour Relations Board hearing was to have dealt with a set of grievances challenging the employer’s failure to implement a 2005 version of the SDA-II work description. Union and management representatives had jointly developed the work description, and a final level grievance reply confirmed its application for the period 1996 to 2005. However, the employer took steps that saw only a portion of the SDA-II workforce both re-classified to the PM-2 level and paid retroactively to 1996. Those who were not raised to the PM-2 level are seeking similar treatment through their grievances.

Before the PSLRB hearing began, the employer and union worked out a process to guide further talks. What emerged was a Letter of Understanding for Process which is aimed at making discussions more productive than those in the past.

Through the Letter of Understanding, timelines are established which will see the union and the department have an initial meeting before April 9, 2010 and additional meetings at least once a month. The department has also agreed “…to have a person present at all meetings with the mandate and authority to settle between the parties.” This was never the case in the past – a major cause of frustration for union representatives – but is a requirement for all sessions in the new talks.

If the discussions with the department do not result in an agreement, the Letter of Understanding allows the union to return to the PSLRB for a hearing of the grievances before an adjudicator. So, while it is hoped that the fresh talks will lead to a satisfactory settlement, the grievers have retained their option to return to the PSLRB if an agreement cannot be reached.

For reference, here is the Letter of Understanding:

SDA-II HEARING
LETTER OF UNDERSTANDING FOR PROCESS
March 23, 2010

The employer agrees to meet with representatives of the bargaining agent before April 9, 2010.
The meeting will be for the purpose of identifying who will be eligible for payment as a result of any settlement reached between the parties in relation to employees who were in the Service Delivery Agents (SDA-II), Client Contact CR-05 positions from April 1, 1996 to September 13, 2006.

The meeting will also establish the process and timelines for future settlement discussions between the parties.

The parties agree to meet at least once per month after the first meeting date.

The department agrees to have a person present at all meetings with the mandate and authority to settle between the parties.

The parties reserve the right to continue proceedings before the Public Service Labor Relations Board (PSLRB) at any time. For clarity, the proceedings refer to file 166-02-37679 (Abraham et al).

This document does not constitute a settlement of the issues between the parties but a commitment to a process for settlement.