October 12, 2004

Answers to frequently asked questions

Most of the answers in this section apply to members at Treasury Board, Canada Revenue Agency and Parks Canada. However, some Treasury Board policies quoted below may not apply to CRA or Parks.

The strike
Participating in a strike
Leave, travel and training during a strike
Pay during a strike
Benefits
Picket Lines
The Bargaining Process
Links for further information

The strike

How do I know when a strike has been called?

Your local union will keep you advised of the negotiations process. Additional information is available through PSAC and Component publications and websites. During negotiations, the local will set up a support network for the strike. According to section 2.9 of PSAC’s Regulation 15 , Regulation Governing The Process of Collective Bargaining in the Alliance, Locals “ are responsible for organizing themselves to conduct votes among their members and supporting any strike activity”.

What happens in a strike?

A strike can take a number of forms. Generally speaking a strike is when workers refuse to go to work to support their bargaining demands once all other methods of arriving at a collective agreement have been exhausted. This can include slowdowns and other concerted activities by employees, rotating strikes, strategic strikes and general strikes.

A PSAC general strike is a cessation of work by all PSAC members in a bargaining unit. (General strike pay provisions apply.)

A rotating strike is a series of surprise, up to day long work stoppages of all bargaining unit members at various strategic geographic locations. For example, Monday all Table 2 members out in B.C., Wednesday, all Table 2 members out in Quebec and then on Friday in the Atlantic Provinces or the National Capital region.. (General strike pay provisions apply.)

A strategic strike is a work stoppage by a limited numbers of members of a bargaining unit at a limited number of locations. The strategic strike includes up to 10% of the members of a bargaining unit. Strategic strikes are designed to have the greatest impact on the employer’s operation. Strategic strikes are approved by the leadership of the union based on plans of action. If you are aware of an area of work that would be vulnerable to strategic strike action alert your picket captain. (Strategic strike pay provisions apply.)

What type of strike action will we take?

We want the strike to be effective. Your negotiating team and the national Strike Coordinating Committee (NSCC) will make a recommendation to the PSAC National President as to the type of strike close to the time we go out. We don’t want to tip our hand and let the employer know how we intend to strike. In deciding on specific action and timing, we will assess membership support, the most effective targets, timing for the most effective strike action and impact. A combination of these factors will guide the NSCC in making its final recommendation to the PSAC National President.

In addition, strike plans and actions are reviewed on a regular basis by National Strike Coordinating Committee, and the type of strike activity may change. For example, we may start with a rotating strike action, augmented by a strategic strike action and move to a general strike.

Participating in a strike

Who participates in a strike?

All members in the bargaining unit. While designated workers are required to report to work, they are asked to support those on strike.

Who decides on what type of strike will occur?

The decision on the type of strike activity, the locations and the number of members to participate will rest with the National Strike Coordinating Committee. All members should be prepared for any type of strike activity.

What does it mean to be a designated employee?

During the negotiations process, the employer and the union meet to identify workers who will be designated “ as having duties consisting in whole or in part of duties the performance of which at any particular time or after any specified period is or will be necessary in the interest of the safety or security of the public” (section 78, Public Service Staff Relations Act . If the parties cannot agree about specific positions, the Public Service Staff Relations Board decides the matter. Employees identified as designated are unable to engage in a strike. The employer wants as many workers designated as possible in order to ensure there is no disruption, while the union strives to maintain the right to strike for as many workers as possible. Being designated means you cannot stop work and engage in the strike, but you remain able to support your co-workers before and after work and during lunch breaks by joining them on the picket line. Click here for more information for designated employees.

Can term employees strike?

Yes. In the federal public service terms are an essential part of the workforce. If the government suddenly decided to release all of its term employee, it would have real problems trying to fill your jobs with untrained, inexperienced replacements. It’s just not in the government’s, or any employer’s, interest to lose an experienced part of their workforce.

Can teleworkers strike?

Definitely. Telework is simply a working arrangement that allows the employee to work from home rather than from a specific worksite. Continuing to telework is considered crossing the picket line and is a violation of section 25 of the PSAC Constitution . Members in this situation should join the picket line at the local they would normally work.

Can those on apprenticeship and language training strike?

Yes, although this situation is somewhat more complicated. Apprentices and those on language training should (a) advise the employer they are on strike on those days where there is a lawful strike and (b) not participate in training at a facility where PSAC members are on strike. (See Pay during a strike)

Do those in acting positions outside the bargaining unit return to their substantive position during a strike?

No. You will continue in your acting position during the strike. This does not stop you from contributing financially to the union’s efforts or supporting your co-workers on the picket line before and after work and at lunch time.

Will there be any repercussions/actions taken against me if I go out on strike?

Participation in a lawful strike is your right arising from the Public Service Staff Relations Act . As well, Treasury Board’s Policy on Strikes says “ When a strike has ended, the employer will endeavour to restore normal conditions as soon as possible by attempting to re-establish sound relations with the unions and the returning employees and by maintaining regular hours of work as far as possible.” Any action by the employer to intimidate or punish members for participating in a legal strike action should be immediately brought to the attention of the union; it is illegal and will not be tolerated.

What if I don’t want to go on strike?

Members have democratically chosen to strike because they feel the employer’s offer is unfair. Everyone in the bargaining unit will benefit from the strength of a concerted effort. Section 25, sub-section (5)(n) of the PSAC Constitution states: “A PSAC, Regional Council, Component, Local, Area Council officer or member, is guilty of an offense against this Constitution who is a worker in a legal strike position, who either crosses the picket line or is paid by the employer not to participate in strike action, or performs work for the employer, unless required to do so by law, or who voluntarily performs struck work”. Designated workers and casual workers, who are not members on the bargaining unit, are the only ones who do not strike, although both can provide valuable support. Members who violate the Constitution can have their membership in the union suspended and they can be fined. Locals establish Disciplinary Committees to investigate all written allegations of violations of the Constitution.

What if I will suffer serious financial hardship because of the strike?

At the 1994 PSAC Triennial Convention Resolution 93A was adopted, requiring any members receiving money from the employer during a strike to remit 25 per cent of this pay for use in a National Hardship Fund. This fund is used for members encountering financial hardship due to being on strike or honouring a picket line. Alert your local picket captain if you will be in this situation.

Leave, travel and training during a strike

Can I take leave during a strike?

There is no collective agreement in force during a strike and the employer sets the terms and conditions of work. Treasury Board’s Policy on Strikes states that those already on vacation, compensatory or sick leave prior to the strike beginning may be allowed to continue on leave, but additional leave should not be granted. Employees who are participating in the strike and are scheduled to go on leave, the policy says, will not be permitted to do so.

What about sick leave and disability?

The employer has the right to approve any type of leave to a member in a striking bargaining unit, whether they have a medical certificate or not. However, the employer’s own Policy on Strikes states: “ Employees in the striking bargaining unit who are on sick leave or “other leave with or without pay” before the start of the strike should be permitted to continue on leave, subject to continuing satisfactory proof that they meet the conditions for the granting of the leave”. It goes on to note that sick leave should not be granted to those on strike.

Can the employer ask for doctor’s certificates for any sick leave including written confirmation from the doctor that they are aware that I am in a legal strike position?

Yes, they can.

What happens to members on Injury on Duty or a Return to Work program?

Members on Injury on Duty should stay at home on leave. Members on Return to Work programs are being paid by the employer and are therefore in a legal strike position. The Local should be sensitive to the member’s need and employ them appropriately.

What about self-funded leave?

The employer has no history of cancelling this leave and no reason to do so. Again, the Treasury Board Policy on Strikes says that those already on leave may be allowed to continue.

Am I still entitled to maternity and/or parental leave and what will happen to my top-up?

Your entitlement to maternity or parental leave is established by legislation and therefore continues during a strike. Your entitlement to the salary top-up is established under the collective agreement. As no collective agreement is in force during a strike, the employer does not have to pay this amount. There is no history of the employer withholding the maternity or parental top-up allowance during a strike.

What if I’m on travel status during the strike?

As a member of the bargaining unit, you should join the picket line where you happen to be. As for the cost of your accommodation and meals, there is the possibility the employer may refuse to reimburse you for your expenses on that day. If so, you should file a grievance. As strikes can last any time from one day to several weeks, those in travel status who wish to return home early should contact their local strike structure for assistance and direction.

What should I do about attending a training course that’s scheduled for when we may be on strike?

As a member of the bargaining unit, you should join the picket line wherever you happen to be. As for your accommodation and meals, there is the possibility the employer may refuse to reimburse you for your expenses on that day. (See travel status above.)

How will the loss of my regular pay affect my pension when I retire?

Your pension is based on your “highest five consecutive years of highest paid service”. Your time on strike is not considered as a break in pensionable service for the purposes of this calculation. Therefore your average income on which your retirement income is based will not be affected. Your retirement date will, however, be pushed back by the number of days for which you are on strike. The time you are on strike does not count as pensionable service nor can it be bought back.

Pay during a strike

Do I get paid while out on strike?

Yes. In order to qualify for strike pay from the union, workers must carry out strike-related duties for a minimum of four hours per day. Strike pay, in accordance with Regulation 6 of the PSAC Constitution, is $50 per day in a general or rotating strike.

While $50.00 a day may seem low it is one of the higher rates of strike pay provided by Canadian unions. It is a flat rate. This means it is the same regardless of whether you work an 8 hour day or 7 ½ hour day. Likewise, the amount remains the same whether you are an AS 6 or a CR 3.

In cases where a strategic strike activity has been authorized, members will receive 60 per cent of their gross pay. Shift payments, IPA and supervisory differentials will be added to your salary to establish your gross pay. Canada Pension Plan, Employment Insurance and Union dues are deducted from your gross pay when calculating the 60%.

In order to be paid properly you need to supply the PSAC with a copy of a recent pay stub which shows the step at which you are paid by the employer. We also need your membership number. If this information is not provided, we will make the calculations based on the lowest step for your classification. If your pay is actually at a higher step please provide the PSAC with a pay stub as soon as possible and we will make the appropriate adjustment at the earliest opportunity.

Why are members participating in a strategic strike paid differently than those members participating in a general or rotational strike?

The reason that members participating in strategic strike action are reimbursed 60% for their gross salary instead of receiving the flat rate of $50.00 strike pay is that they are being asked to participate in strike action that other members in the bargaining unit are not being asked to participate in. If we did not reimburse these members with strategic strike pay, they would suffer financially compared to other members in the bargaining unit as they normally spend more time on strike.

If I work using an Alternative Work Arrangement (AWA) or work more hours certain days to get a Compressed Day Off (CDO) will the amount of strategic strike pay that I receive change?

If you are entitled to strategic pay, we will calculate your pay on your full day’s gross pay. This could exceed the pay of someone who was working a normal 7½ or 8 hour day. No strategic strike pay would apply if you picketed on your CDO. If this situation applies to you, we need you to supply the union with an approved shift schedule in order to pay you properly.

Are there any times when I am not eligible for strike pay?

There are some exceptions when you will not receive strike pay. No strike pay is meant to be paid for days in which you receive salary from the Employer. If you strike for one hour, but work for the rest of the day you are not entitled to be paid strike pay for that day.

If you picket on your day off, on a holiday or after hours you generally are not eligible for strike pay.

Am I eligible to receive any other kinds of income from the union when I am on strike?

Some locals have set aside local dues for special strike funds. Local strike funds are sometimes used to increase the amount of daily strike pay. Other locals use the funds to support special regional welfare funds that exist to help members who experience financial hardship.

Is strike pay taxable?

Strike pay is non-taxable. If you are asked to strike strategically you need to provide the PSAC with documentation that reflects your pay, level and shift schedules.

As a part-time worker, do I receive the same strike pay?

A member who normally works less than twenty (20) hours per week and who participates in the strike will receive $35 for each day to a maximum of $175 per calendar week for the authorized duration of the strike. If members are requested to and scheduled to picket seven days per week, the Alliance Executive Committee can authorize a maximum of $245 per calendar week. Members must engage in strike-related activities for a minimum of four hours per day in order to qualify for strike pay.

Do those on apprenticeship and language training get strike pay?

If members have advised the employer they are on strike on lawful strike days and can prove (by showing a pay stub) they did not receive pay, they may receive strike pay. As with other workers, to be eligible for strike pay, members must engage in strike-related activities for a minimum of four hours per day.

Why, as a designated worker, do I have to give the union 25 per cent of my pay?

Designated workers are required to contributed 25 per cent of their net pay to the union to provide assistance to their co-workers who are receiving strike pay. Designated workers will benefit from the actions of those on the picket line and it allows these workers to assist members experiencing financial hardship. At the 1994 PSAC Triennial Convention Resolution 93A was adopted, requiring any members receiving money from the employer during a strike to remit 25 per cent of this pay for use in a National Hardship Fund. This fund is used for members encountering financial hardship due to being on strike or honouring a picket line. This requirement is also embodied in section 24, sub-section (7) of the PSAC Constitution. Funding collected is spent in the region it comes from. Click here to find out what 25 per cent will mean to you. Note : This contribution is tax deductible and you will receive a tax receipt from PSAC headquarters in the full amount.

Are there exceptions to how I am paid strike pay if I am a Table 2 member who is part of the Ships Crews Group?

Ship’s Crews workers earn “lay days” for each day that you work. Lay days are cashed in when workers are not at sea and are used to maintain income during lay up ashore. Therefore, when Ship’s Crews members are on strike, two days pay are lost, one for the strike day and the other for a lost lay day. Accordingly, when you are on a general or rotational strike you will be paid $50 per day while on strike. You will be considered on strategic strike for your lay day. If you are asked to participate in a strategic strike you will be paid enhanced strike pay for the day you are on strike as well as for the lost lay day. A duly approved lay day schedule needs to accompany all claims of this nature.

Benefits

What happens to my benefits during a strike?

The TB Policies, Strike Manual for the Employers states that:

Personnel offices can inform employees who proceed on strike, or on off-duty status as a direct result of a strike, of their continued coverage under the Public Service Group Benefit Plans. Unless otherwise directed by the Treasury Board, coverage under the Group Benefit Plans will continue for employees who are absent without pay due to strike (i.e. a legal or illegal strike, or while on off-duty status as the direct result of a strike).

For this purpose, the Group Benefit Plans include the Public Service Health Care Plan (PSHCP), the Public Service Dental Care Plan (DCP), the Disability Insurance (DI) Plan, and the Public Service Management Insurance Plan (PSMIP) (including the Long-Term Disability (LTD) portion).

For the purposes of continued coverage and the payment of any required premiums/contributions under these plans, personnel offices should treat these absences as “leave with or without pay for other reasons”.

Employees have to work 10 days of a month to be covered. These do not have to be consecutive days.

Reference:

What about workers on strike at CRA and Parks?

They are covered by the same provisions as above.

As a seasonal worker, will being on strike affect my eligibility to collect employment insurance?

Local and regional strike coordinating committees will pay special attention to this issue. All efforts will be taken to ensure that seasonal workers’ participation in any strike action is managed in such a way that it does not jeopardize their employment insurance eligibility.

Picket Lines

Where should I picket?

Normally you will picket at your normal workplace. In certain situations, it may be more convenient to picket with other striking PSAC workers, for example if you are away from your headquarters. Make sure your local picket captain knows what your plans are and that they are verified for strike pay purposes.

Can I cross the picket line for any reason?

You can only cross the picket line with permission from the picket captain. No one will be given permission if the point is to conduct business with the employer or to earn pay.

Can I picket while I’m on leave?

The Treasury Board Policy on Strikes says, “employees who participate in picket line activities should not be allowed to remain on leave”, adding “Employees are not to be granted sick leave or “other leave with or without pay” for those days during which they participate in picket line activities”.

Do designated members have to show their designation letter when crossing a picket line?

You must be in possession of your designated letter at all times during the labour dispute and are required to show your letter to the picket captain at the line, or member of the executive and/or in some locals sign in at designated spots before proceeding to the worksite.

The Bargaining Process

Why do we go to a Conciliation Board?

When negotiations reach an impasse, the Public Service Staff Relations Act (PSSRA) requires us to go to a Conciliation Board. We are not in a legal strike position until we have gone through the Conciliation Board process. We have done all we can via the regular negotiation process and through the use of a conciliation Officer, and the establishment of a Conciliation Board is the next step in the process.

What happens at a Conciliation Board?

The Conciliation Board is composed of three persons: one member (or “sidesperson”) chosen by the union, one by the Employer, and a neutral chairperson selected by the other two members.

The Conciliation Board may try and mediate: that is, they may try and help the parties reach a negotiated settlement.

The Board is, however, empowered to hold a formal hearing during which each party presents its positions on outstanding issues.

The union prepares a detailed Conciliation Board brief to bring forward evidence and argument in support of our demands, and the employer will do the same thing. Representatives of both parties make presentations to the Board. Having heard the evidence and arguments, the Conciliation Board will make recommendations to both parties.

Sometimes the Conciliation Board makes unanimous recommendations: more often there will be a “majority” recommendation where the Chair has the support of one sidesperson. On occasion one or both sidesperson may take a minority position on the report.

What happens as a result of the Conciliation Board?

Once the Conciliation Board process is finished, the Conciliation Board will file its report with the Public Service Staff Relations Board (PSSRB).

The Conciliation Board recommendations are not binding. They make recommendations that may service as the basis for a settlement. It will be up to both parties to consider the recommendations.

We are in a legal strike position seven (7) days after the chair of the PSSRB receives the Conciliation Board Report.

Often, bargaining resumes very soon after the Board files it report. Our bargaining team will consider the recommendations and if we feel they will help us reach an acceptable settlement, we will be prepared to go back to the table.

When are we in a legal strike position?

Seven days after the Conciliation Board report is received by the PSSRB chair.

Did the union’s position create and impasse?

No. In terms of our willingness to moderate our demands, we have throughout the process demonstrated our readiness to reasonably amend our proposals in an effort to reach an agreement.

The impasse has been created by the Employer. Parks Canada, CRA, Table 1, 2, 3 are all governed by Treasury Board’s direction to hold the line against any improvement to the collective agreements. That strategy is why the employers are currently at an impasse with all the bargaining units.