Essential Agreements – An overview

Definition

Essential service means 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.

(PSLRA, Section 4)

Definition

Services should be identified as essential where there are reasonable grounds for accepting the probability, or even the possibility, that human life or public safety would suffer if a work stoppage interrupted the duties of these employees.

Definition

An employee occupying an essential position is prohibited from participating in strike activity.

Section 196 (j) of the PSLRA

What is an Essential Services Agreement?

Definition

An agreement between the employer and the

bargaining agent which identifies:

1. The types of positions necessary to provide essential services
2. The number of those positions
3. The specific positions that are necessary for that purpose

(PSLRA - Section 4)

Categories of Essential Positions

• Code 1  Essential Services Position
• Code 2  Alternate to Essential Services Position
• Code 3  Conditional Steps in the Esa Process

1. Bi-lateral negotiations
2. Employer and Bargaining Agent (signing of ESA)
   • Mediation is used extensively and successfully
3. Determination by PSLRB – only if there is an impasse

Roles & Responsibilities – Departments

• Determine the  level at which an essential service is to be provided
• Provide rationale behind proposals
• Provide any required documentation
• Consult with Union
• Provide witnesses (when a case is presented before the PSLRB)
• Notify employees occupying those positions identified as essential of the implications thereof

Roles & Responsibilities – Treasury Board Secretariat

• Give notice, at any time, to bargaining agents that essential services agreements are required, but no later than 20 calendar days after a notice to bargain is given
• Notify departments that notice to bargain has been received
• Provide ongoing advice and guidance to departmental officials
• Consult and liaise on agreements at the national level
• Apply to the PSLRB to determine any unresolved matters
• Provide representation before the PSLRB
• Maintain a central database of positions identified as essential
• Submit agreements to the bargaining agents

Roles & Responsibilities – Bargaining Agent

• Consult with departments on agreements
• Apply to the PSLRB to determine any unresolved matters
• Provide representation before the PSLRB

Roles & Responsibilities – Public Service Labour Relations Board

• Hears representations by the parties
• Makes a determination on the disputed terms of an essential services agreement (PSLRA – 123(3))
• Decision is final and binding

Terms and Conditions of Employment

During a legal strike:

• an employee occupying an essential position will continue to be entitled to all benefits contained in the collective agreement (PSLRA – Section 132)
• employees not occupying essential positions, the employer regains complete control on the day the employees earn the legal right to strike due to the fact that the collective agreement ceases to exist

Essential Services Database

Once an essential service agreement is signed, Departments will be requested to update the TBS database.

Websites

Essential Services

http://www.tbs-sct.gc.ca /pubs_pol/hrpubs/TBM_11B/esa-ese-eng.asp

Strike

http://www.tbs-sct.gc.ca /Pubs_pol/hrpubs/TBM_11B/AAL9-eng.asp