REGULATION NO. 15
Public Service Alliance of Canada
Enacted this 29th day of May 1975
(As amended May 22, 1976 and May 26, 1977)
(As amended September 26, 1979)
(As amended February 1, 1980)
(As amended May 29, 1980)
(As amended September 27, 1981)
(As amended January 28, 1982)
(As amended September 27, 1983)
(As amended September 24, 1985)
(As amended March 28, 1987)
(As amended April, 1988)
(As amended May 22, 1990)
(As amended January 29, 1992)
(As amended March 30, 1992)
(As amended February 3, 1995)
(As amended January 31, 1996)
(As amended January 27, 1999)
(As amended January 25, 2001)
(Amended May 22, 2002)
(Amended July 29, 2002)
Pursuant to the authority and power vested by the Constitution of the Public
Service Alliance of Canada, under Section 12 thereof, the National Board
of Directors hereby enacts as follows:
REGULATION GOVERNING THE PROCESS OF COLLECTIVE BARGAINING IN THE ALLIANCE
General Principles
a) The Public Service Alliance of Canada is committed to an efficient and
effective process of collective bargaining that represents the interests
of the members and the goals of the union.
b) The PSAC is committed to membership involvement and representation
in their own negotiations.
c) The PSAC represents members in bargaining units ranging in size from
less than ten to tens of thousands of members employed by a wide variety
of employers. It is recognized that the principles enunciated here apply
equally to all groups. The reality of different circumstances among bargaining
units requires flexibility in the application of approved guidelines
for the conduct of the collective bargaining process.
d) The National President shall have responsibility for the interpretation
of this regulation, and may delegate responsibility in this area to the
Alliance Executive Committee Officer with responsibility for collective
bargaining.
Guidelines
a) Guidelines shall initially be approved by the National Board of Directors
and subsequently may be amended from time to time by the Alliance Executive
Committee upon recommendation by the Collective Bargaining Committee
of the National Board of Directors. The approved guidelines may be amended
directly by the National Board of Directors.
b) Approved guidelines for the conduct of the collective bargaining process
will be published by the Collective Bargaining Branch separately from this
Regulation and shall contain, but not be limited to, administrative procedures
deemed necessary to facilitate bargaining while maintaining the expenditure
of membership dues, authorized expenses and reimbursements for those involved
in bargaining, the size and selection of teams, etc., and shall be readily
available to each member who is selected as a member of a negotiating team.
Guidelines will have due regard for the use and application of current
technology.
Deviations
a) Deviation from the approved guidelines requires the approval of the
National President or the AEC Officer responsible for collective bargaining.
b) Deviation from the Regulation requires 2/3 approval of the NBoD.
c) Requests for deviation from this Regulation and the approved guidelines
may be made by:
i. A Component National President where the bargaining
unit is comprised of members within one or two Components.
ii. The Regional Executive Vice-President where the bargaining unit
is a Directly Chartered Local.
iii. A majority of Component National Presidents where the bargaining
unit is comprised of members from three or more Components.
ROLES AND RESPONSIBILITIES
2.1 The National President
The National President has the sole authority to interpret the PSAC Constitution
and this Regulation. The National President also has specific responsibilities
for collective bargaining. In consultation with the Collective Bargaining
Committee of the NBoD, the National President will determine what items
will be the subject of negotiations through the collective bargaining
process and which will be subject to co-development/consultation at the
National Joint Council.
The National President has the authority to appoint a member of the National
Board of Directors to sit as a full member of each bargaining committee/negotiating
team. Following consultation with the Alliance Executive Committee, the
National President may lift the forty-eight (48) hour blackout for
specified PSAC spokespersons when a tentative agreement is reached.
The National President has the ultimate authority in the area of strikes.
In accordance with criteria contained in the guidelines, the National
President is the only person authorized to call a strike vote within
a bargaining unit or to authorize strike activity. The National President
is also the only person who may authorize a bargaining unit to return
to work following strike activity.
2.2 The Alliance Executive Committee
The Alliance Executive Committee is responsible to the National Board
of Directors for the conduct of all collective bargaining for units
covered by this Constitution. The AEC are required to have developed
a program of demands for each bargaining unit during each round of
bargaining. They may also delete or amend demands to ensure the good
and welfare of the union.
The Alliance Executive Committee shall ensure the election and/or
appointment of representative bargaining committees/negotiating teams
and have the authority to remove or replace any member so appointed
for cause. The authority to call all votes (except strike votes)
and the authority to conclude memoranda of settlement and/or letters
of understanding rests with the AEC. The AEC may sign or delegate
to the AEC Officer responsible, authority to sign a collective agreement
for a bargaining unit when a majority of votes cast by those in the
unit are in the affirmative.
The AEC must ensure specific guidelines are in place for the conduct
of balloting in keeping with the principles contained in this Regulation
and the relevant sections of the PSAC Constitution.
2.3 The AEC Officer Responsible for Collective Bargaining
The AEC Officer
Responsible for Collective Bargaining shall receive reports on the ratification
of demands by appropriate PSAC Locals prior to commencing negotiations.
The officer shall also receive final bargaining demands from bargaining committees/negotiating
teams and shall report these in writing to the National Board of Directors
including any amendments or deletions which might arise in the audit process.
The responsible AEC Officer shall establish specific directions for
the conduct of any authorized votes and shall, when delegated authority
by the AEC, sign collective agreements for bargaining units or coalition
bargaining groups when a majority of votes cast are in the affirmative.
The responsible AEC Officer also approves and forwards to the National
President, the recommendation from a PSAC negotiating team to take
a strike vote.
2.4 The National Board of Directors
The National Board of Directors may establish coalition/unit bargaining
where there is a community of interests and review the program
of demands with a view to recommending them to the appropriate body including
bargaining conferences. The NBoD also may direct that a dispute
settlement vote be taken or change a given dispute settlement route.
The members of the National Board of Directors shall fully support
the recommendations of a negotiating team.
2.5 The Collective Bargaining Committee of the National Board of Directors
The Collective Bargaining Committee of the National Board of Directors
shall be chaired by the AEC Officer responsible for collective
bargaining. It shall sit and consider any matter related to collective
bargaining referred to it by the National Board of Directors, or the
Alliance Executive Committee. The committee shall make recommendations
on such matters to the National Board of Directors.
The committee has the responsibility to establish the initial demands
for all coalition/units for each round of negotiations and it may
be called upon to develop a program of demands for a particular round
of bargaining for recommendation to the AEC and/or the NBoD.
2.6 Strategy Coordinating Committee / National Strike Coordinating
Committee
The Strategy Coordinating Committee/National Strike Coordinating
Committee coordinates the resources and activities of diverse parts
of the organization to support the negotiating team in achieving
a collective agreement. They are responsible for the development
of a strike support strategy in advance of negotiations. The committee
makes key decisions related to strike support activities and provides
recommendations to the National President, the AEC and the National
Board of Directors on matters directly related to strike support.
2.7 Negotiating Team
The Negotiating Team finalizes the bargaining demands and establishes
priorities in preparation for presentation to the employer and
together with the negotiator/staff person, negotiates with the employer.
The Negotiating Team may make recommendations to the AEC through
the Strike Strategy Coordinating Committee with respect to strike
support activities including whether and when votes are taken, whether
particular employer offers are adequate to put before the members,
etc.
Team members may be called upon to act as spokespersons for the team
during ratification and strike votes.
2.8 Components
Components shall establish for each outstanding issue for which
it receives a bargaining demand, a position which best represents
the needs of its portion of the membership of the bargaining unit.
Components shall forward to the AEC, through the Alliance Executive
Vice-President responsible for Collective Bargaining a list of
demands and the names of members who will be representing the Component
at the Alliance Bargaining Committee.
2.9 Locals/Branches
Locals/Branches shall establish Standing Bargaining Proposal Committees
to prepare bargaining proposals and to respond to input calls from
their respective Components by submitting their demands and electing
delegates to represent their views outside their local.
They are responsible for organizing themselves to conduct votes among
their members and supporting any strike activity.
GUIDELINES FOR THE COLLECTIVE BARGAINING PROCESS
3.1 Establishment of a Strategy Committee/National Strike Coordinating
Committee
The Strategy Coordinating Committee/National Strike Coordinating Committee
coordinates the resources and activities of diverse parts of the organization
to support the negotiating team in achieving a collective agreement.
They are responsible for the development of a strike support strategy
in advance of negotiations. The committee makes key decisions related
to strike support activities and provides recommendations to the National
President, the AEC and the National Board of Directors on matters directly
related to strike support. The committee also has responsibility for
developing the structure to the mobilization portion of the National
Bargaining Conferences using that model.
This committee will vary in size and complexity depending upon a number
of factors including the size of the bargaining unit(s) and the number
of Components involved. In large, multi-Component bargaining units,
the responsible AEC Officer will chair this committee and it will be
composed of a number of representatives of the negotiating team(s) and
Presidents of the Components involved. Staff will be assigned to the
committee as necessary.
For the purpose of Regulation No. 15 and these guidelines, the reference
to “the responsible AEC Officer” refers to either; the AEC officer
who has been assigned the collective bargaining portfolio by the National
President, the specific AEC Officer assigned a national bargaining unit by
the National President, or the Regional Executive Vice-President in the case
of a regional bargaining unit, whichever may be appropriate.
The responsible AEC Officer will convene a meeting of the Components
involved in advance of the call for proposals to determine the make
up of the committee. Component Presidents and negotiating team members
selected to participate on the committee are responsible for ongoing
consultation and reporting of committee deliberation to their respective
constituencies through- out the bargaining process.
The initial tasks of the committee will be to approve a timeframe for
the bargaining process including the issuance of the call for proposals,
receipt of proposals, timing of any bargaining conferences, etc.
The committee also must develop an overall strategic plan for the forthcoming
round of bargaining. The size of the team should also be part of
the discussions.
During bargaining, the committee will meet to review and possibly
revise the adopted strategy. At the appropriate time, the committee
will assume the duties of overall strike preparation and strike coordination.
3.2 Program of Demands
The Collective Bargaining Committee of the National Board of Directors
shall cause to be established an initial program of demands for all
coalition/units (national or multi-component bargaining units) prior
to each round of negotiations. These demands will be provided as statement
of principles with the appropriate rationales and justification. A
program of demands will not always necessarily be the case for single
agency units.
3.3 Call for Proposals
The PSAC will issue an input call to Components that will include the
program of demands, including the appropriate rationales and justification.
Locals have a responsibility to prepare bargaining proposals based
on a review of the program of demands and input from their membership.
The Local shall forward to the Component only one proposal on each
topic as the official position of the Local.
Each Component shall receive bargaining proposals from Locals within
its jurisdiction. The Component shall forward to the PSAC only one
proposal on each topic as the official position of the Component. Only
proposals with complete rationale and justification shall be considered
by the PSAC.
Each bargaining proposal must indicate the origin of the proposal,
be signed by a responsible officer of the Component and be transmitted
to the PSAC on a separate form and when appropriate, in both official
languages.
3.4 Collective Bargaining Conferences
The circumstances of individual
Components or bargaining units will be taken into account when planning
for the internal process in preparation for collective bargaining. The strategy
committee shall arrive at this decision.
As a matter of principle, the PSAC strongly encourages the representation
of equity group members on standing bargaining committees, collective
bargaining conferences, PSAC bargaining committees and negotiating
teams.
3.5 Regional Bargaining Conferences
When deemed necessary, in consultation
with the appropriate stakeholder, Regional Bargaining Conferences will
be held in advance of National Bargaining Conferences.
The purpose of such conferences may depend upon the Bargaining Unit(s)
involved and direction provided by the Alliance Executive Committee.
Single or multi-Component bargaining units (excluding Treasury Board
units) which have traditionally held regional bargaining conferences
to elect negotiating teams and recommend proposals to same may elect
to use their traditional format. Otherwise the process below shall
be followed.
In the case of Treasury Board units, or others electing this procedure,
regional bargaining conferences will be held for the purpose of regional
strategy and mobilization, input and discussion on bargaining proposals,
as well as the selection of delegates to the national bargaining conference.
Delegates to bargaining conferences must hold office in the union.
Shop steward is considered an office in the union.
Regional Bargaining
Conferences will be held in each of the seven designated regions of the
PSAC and will be chaired by the appropriate Regional Executive Vice President.
Conferences may be co-located to reduce overall costs.
Each Component with members in the region who are in the bargaining
unit shall be entitled to one delegate per bargaining unit at the
Regional Bargaining Conference.
There shall be one delegate from the Regional Women’s Committee(s)
per bargaining unit who is a member of the bargaining unit
There shall be one delegate from
each of the following equity seeking
groups:
- Aboriginals
- Racially visible members
- Gays/lesbian/bisexual/transgendered
- Members with disabilities
who is a member of one of the bargaining units.
Delegates to the Regional Bargaining Conferences shall proceed to establish
the framework for membership mobilization
within the region and discuss strategy in support of upcoming negotiations.
Delegates will also select two members from each bargaining unit
to participate as a delegate to the National Bargaining Conference.
3.6 National Bargaining Conferences for Treasury Board Units
National Bargaining Conference Delegate Entitlement:
- Each Component with members in the bargaining unit who have
not had a member selected through the Regional Bargaining
Conferences may send one (1) member per bargaining unit, who is a member
of the bargaining unit and who has attended the Regional Bargaining
Conference.
- The AEC may select delegates from equity groups or those
representing women who have attended the Regional
Bargaining Conferences if there is a need to address equity representation
at the National Bargaining Conference.
- All members of the NBoD, whose members are participating
in the round of bargaining, may attend as delegates. However,
they may not run for the negotiating team.
- The National Bargaining Conference will be four (4) days in duration
and will be divided into two sessions. The
first session will be devoted to political discussions and vision for collective
bargaining.
The second session of the conference will be devoted to
deciding upon proposals to forward to the employer and
ranking their priority. Delegates will elect the negotiating
teams and alternates between the end of the first session
and the beginning of the second session.
3.7 Negotiating Teams
The maximum number of negotiating team members is nine (9) for
any one team. Team members must hold office in the union. Shop
Steward is considered an office in the union.
The guiding principle is that a core negotiating team (maximum of nine
(9)) will represent all members of the
bargaining unit/coalition at the negotiating table. These members will
sit on negotiating teams representing the good and welfare of the PSAC
membership. They will not represent specific occupational groups or Components
as they are holding a temporary office within the PSAC.
Negotiating teams may be assisted in their tasks through
the use of sub-committees where necessary. Sub-committees
will be comprised of representatives selected from specific
constituencies within the bargaining unit/coalition groups
engaged in bargaining. The sub-committees will be established
on an as required basis and may be tasked with reviewing
proposals, advising negotiating teams directly on specific
areas of interest or they may be called upon to make presentations
to the employer during negotiations.
The NBoD officer appointed to the negotiating team, in consultation
with the negotiating team and the AEC officer
responsible for collective bargaining will determine which sub-committees
are appropriate. The AEC officer is responsible for the establishment
of sub-committees, their terms of reference and their disbandment.
Should the establishment of a negotiating team
not result in the selection of a member of each
of the PSAC’s four designated equity groups; the
AEC may take special measures to ensure the negotiating team considers equity
issues. These measures may include the review of proposals through an “equity
filter” or the establishment of a sub-committee to advise
the negotiating team directly.
PSAC
negotiating
teams shall be composed
of the following:
- Delegates selected at the Collective Bargaining
Conference for their respective coalition/unit,
or those selected by their Component,
Local or Direct Charter Locals in the case of single bargaining
units and who are members of the bargaining
unit;
- The National President may appoint a member
of the National Board of Directors to sit as
a member of each negotiating team and who shall
have full voice and no vote; and
- The Alliance Executive Committee shall appoint a staff representative(s)
to sit as a member of each negotiating
team and who, as chairperson, shall have full voice and no vote.
Negotiating
teams will normally be based upon the size of the membership, and,
where possible, equitable regional representation and, where possible, equitable
representation of occupational groups and, where possible, equitable
Component representation and, where possible, equity representation.
The exact composition, which may be less or more, will
be decided upon in advance through the strategy committee,
but in no case will ever exceed nine (9). The allocation
will be as follows:
0 - 1500 members - up to 3 team members
1501 - 7000 members - up to 5 team members
7000 - 15000 members - up to 7 team members
15000 or more - up to 9 team members
If a position on a negotiating team
is not filled or a member or alternate of the negotiating team does
not attend two (2) consecutive meetings without sufficient reason,
the Alliance Executive Committee shall declare the position
vacant and shall appoint an alternate after consultation with the
NBoD officers who have members in the bargaining unit.
In the case of negotiating team meetings deciding upon proposals in advance
of negotiations; each Component which has members in the bargaining unit
but does not have a representative on the negotiating team may request permission
to send an observer to the meetings at the expense of the PSAC.
3.8 Roles and Responsibilities
Negotiating team members serve as a
member of a PSAC negotiating team representing all of the members of the
bargaining unit/coalition and not any particular constituency within the
union. Failure to do so would constitute dismissal by the AEC from the
negotiating team with cause.
Negotiating team members are also charged with the following specific
responsibilities:
- finalize and prioritize proposals;
- negotiate with the employer with the assistance of a negotiator assigned
by the PSAC;
- support the rest of their team;
- recommend strike votes or tentative agreements;
- serve as required and authorized, on various mobilization or
strike related committees established in support of negotiations.
3.9 Auditing Collective Bargaining Demands
The Alliance Executive Committee may direct the advancement of certain
proposals which would promote the good and welfare of the union.
The Alliance Executive Committee is responsible for ensuring proposals
to be submitted to employers do not contravene policies of the PSAC,
are harmful to other bargaining units and are not contrary to the good
and welfare of the union.
3.10 Memoranda of Settlement
The Alliance Executive Committee is responsible for concluding Memoranda
of Settlement (including letters of understanding) with the employer
through the process of collective bargaining. The National President
(in consultation with the negotiating team) may at any time deemed
appropriate, engage in direct discussions with employer representatives
in an attempt to achieve a Memorandum of Settlement. The National
President is the official spokesperson for all negotiating teams. The
authority of the National President in these circumstances may be delegated
to another officer of the PSAC.
A proposed Memorandum of Settlement (including letters of understanding)
which in the opinion of the Alliance Executive Committee includes items
that may have a major impact on the process of collective bargaining
and/or its results, may be referred to the National Board of Directors
for approval prior to the proposed Memorandum of Settlement being sent
to the membership for ratification.
Memoranda of Settlement (including letters of understanding or other
terms of settlement) shall not be placed before the membership for
ratification without a recommendation either for acceptance or rejection
from the negotiating team.
All negotiating team members and members of the National Board of
Directors shall fully support the recommendations of the negotiating
team. Memoranda of Settlement shall be subject to the voting and
ratification procedure as provided below:
3.11 Voting Procedures
General:
The PSAC policy is to enable as many members of a bargaining unit as
possible to vote and make an informed decision. The use of
Employer premises for voting is discouraged and can only be authorized
by the office of the Regional Executive Vice-President.
The Alliance Executive Committee shall authorize all votes, except
strike votes. The authority may be delegated to the AEC officer responsible
for collective bargaining.
The AEC officer responsible for collective bargaining shall establish
a deadline for the receipt of ballots and instruct applicable
staff representative(s) to conduct votes related to collective bargaining
in accordance with the following:
- all votes shall be by secret ballot;
- voting materials shall be in the applicable official languages
where required;
- the distribution, collection and counting of ballots shall be done
under the authority of the PSAC regional offices at the regional
and/or local level;
- proxy votes shall not be accepted;
- results of voting shall be reported by the most appropriate
means and then in writing to the Alliance Executive Committee;
- results of ratification votes shall be released in detail to each
Component, including vote counts by geographical region and by
Local, where available;
- the Alliance Executive Committee shall develop specific guidelines
for the conduct of balloting by regional offices; and
- all voting kits shall state the purpose of the vote, contain precise
voting instructions and, in the case of ratification votes, identify
all amendments, additions and deletions to the collective agreement;
and
- all ballots shall contain an area where voters may write comments
for the assistance of negotiating teams.
3.12 Dispute Settlement Route Votes
For those bargaining units falling under the Public Service Staff Relations
Act the following shall apply:
- A dispute settlement vote shall be taken when there has been a request
by 10% or more of members in the coalition/unit or when the National
Board of Directors so directs.
- The dispute settlement route shall be changed as a result of a majority
of returned ballots, excluding spoiled ballots, or by a decision
of the National Board of Directors.
- Documentation given at the time of the vote on the dispute settlement
method shall clearly state and explain the PSAC's position.
3.13 Strike Votes
General:
The National President has the ultimate authority in the area of strikes.
In accordance with criteria contained in the guidelines, the National
President is the only person authorized to call a strike vote within
a bargaining unit or to authorize strike activity. The National
President is also the only person who may authorize a bargaining unit
to return to work following strike activity.
The National President may authorize a strike vote in any number of circumstances
such as:
- all the requirements under the appropriate labour legislation have been
met;
- after the receipt of a Conciliation Board Report, the employer has refused
to return to the bargaining table;
- after a return to the bargaining table following the receipt of a Conciliation
Board Report the parties are unable to reach a Memorandum of Settlement;
- a proposed Memorandum of Settlement is rejected by a majority of
the votes cast in a ratification vote, excluding spoiled ballots;
- at any time, a recommendation that a strike vote be taken is made
in writing, signed by a majority of the members of the PSAC negotiating
team and approved by the AEC officer responsible for collective bargaining.
3.14 Strike
If, in any of the above circumstances, a strike vote is not required, the
National President shall have the authority to call for a strike by
members of the bargaining unit(s) concerned.
A strike in any bargaining unit(s) represented by the PSAC shall be
authorized and terminated only by the National President and such authorization
shall be in writing.
Process:
A) For PSSRA/ PESRA Bargaining Units:
Wherever possible, strike votes shall be conducted at meetings conducted
for the purpose of explaining the outstanding issues and reasons
that a strike vote is necessary, except where the isolated location of
the worksite or shift schedules require that special arrangements be
made;
Only PSAC members in good standing are entitled to vote; proof of
membership may be required;
B) For All Other Bargaining Units:
Wherever possible, strike votes shall be conducted at meetings conducted
for the purpose of explaining the outstanding issues and reasons that
a strike vote is necessary, except where the isolated location of the
worksite or shift schedules require that special arrangements be made;
Legislation requires that all employees in the bargaining unit, regardless
of membership status in the union, must be given an opportunity to
vote.
3.15 Ratification Votes
General Provisions:
A ratification vote shall be held for the acceptance or rejection of
a Memorandum of Settlement in the bargaining unit(s) concerned.
In the case of a coalition, the vote shall be carried out as a single,
all-encompassing vote.
The AEC Officer responsible for collective bargaining, on authority
delegated by the Alliance Executive Committee, shall sign a collective
agreement for a bargaining unit or a coalition bargaining group when
a majority of the votes cast are in the affirmative, excluding spoiled
ballots.
Locals/branches are responsible for ensuring members receive adequate
information upon which to make a decision to vote; holding ratification
meetings to which members have reasonable access and making alternate
arrangements, with the exception of “desk drops”, to allow
members to vote. Locals/branches are responsible for the rental of meeting
facilities for ratification votes, with the following exceptions:
when a ratification vote follows a successful strike vote;
where more than one Local/branch holds a joint ratification
meeting.
Process:
A) PSSRA/PESRA Bargaining Units:
Wherever possible, ratification votes shall be held at meetings
conducted for the purpose of explaining the terms of the memorandum
of settlement, except where the isolated nature of the worksite
or shift schedules require that special arrangements be made;
Only PSAC members in the bargaining unit shall be entitled to vote;
proof of membership may be required;
Ratification vote ballots must clearly identify whether
a rejection of the tentative collective agreement shall
be taken as a strike vote.
B) All Other Bargaining Units (non-PSSRA):
Wherever possible, ratification votes shall be held at meetings conducted
for the purpose of explaining the terms of the memorandum
of settlement, except where the isolated location of the worksite
or shift schedules require that special arrangements be made.
Where it is intended that a vote to reject the tentative
agreement shall constitute a strike vote, legislation requires
that all employees in the bargaining unit be given an opportunity
to vote, whether or not they are members in good standing
of the union. In this circumstance, the ratification vote
must be treated as a strike vote and all the processes applicable
to a strike vote followed.
Where it is intended that a vote to reject a tentative agreement
shall not constitute a strike vote, only PSAC members in good standing
will be eligible to vote.
EXPLANATORY NOTES FOR MEMBERSON NEGOTIATING TEAMS
4.1 Notification
The administrative staff of the Negotiations Section will advise the PSAC
negotiating team members (official delegates elected at the Alliance
Bargaining Committee) and the Components of dates, location and times
of negotiations sessions.
Please use PSAC Expense Claim Form 165 for claiming all expenses.
Period of claim on expense claim form must be completed and should include
all days including travel time.
Claims will be settled in accordance with the provisions of the PSAC
Travel Directives. The AEC is responsible for determining the specific
rules that apply to the payment of members’ expenses. See also Regulation 15A.
In the case where team members have been specifically appointed by
Components, at the Component’s request the Alliance will process all expenses for
these members to the maximum permitted by the PSAC. The Component in question
will be invoiced for payment from the Alliance.
4.2 Advances
The administrative staff of the Negotiations Section will
request an advance of funds, which will normally be given to Alliance team
members on the first day of meetings. Should special requirements
be necessary prior to the first day, team members should contact
the Negotiations Section. Advances will not be issued in cases where
outstanding claims for 30 days or more exist.
4.3 Transportation
A member should use commercial transportation where available.
All air and train reservations are to be handled/confirmed with the PSAC
Travel Agent:
(W.E. TRAVEL - TOLL FREE # 1-888-676-7747; 8:00 A.M. TO 5:00 P.M. EASTERN
TIME).
(If tickets were supplied, but not used, they must be returned with
the claim.)
When to Travel
Travel will normally be scheduled the day prior to negotiations and
the day following negotiations. However, if it is reasonable to expect
travel to take place on the final day of a negotiations session given
the finish time and travel involved, team members will be expected
to travel on this day.
For travel of a distance that requires two (2) - three (3) hours
travel time, travel to destination should be made after work the
evening prior to the event.
Rail/Bus/PMV/Mileage
For distances less than 300 km -
Commercial transportation (train or bus) should be taken. A member
who requests to travel by private vehicle (less than 300 km one way)
will be paid according to the PSAC Travel Directives.
For distances more than 300 km -
A member who requests to travel by private vehicle (more than 300
km one way) to suit his/her own convenience, will be entitled to
claim expenses and loss of salary only for the period of absence
that would have been necessary had public transportation been used.
Authorization must be obtained in advance by providing cost of discounted
air fare to Section Coordinator. Mileage will be reimbursed as specified
in the PSAC Travel Directives up to the applicable equivalent most
economical (discounted) air fare cost. There will be no payments
for taxis and other costs normally associated with air travel.
Air transportation
Air transportation can be taken only for distances of more than 300
km one way.
PSAC will advise the travel agent to book travel, consult with the
members involved and then provide final confirmation.
The travel agent will be booking at the most economical discounted
airfare possible.
In order to obtain economical fares, the travel agent must book the
air travel as soon as possible (at least 7-14 days in advance).
The travel agent will offer charter class travel (which requires a
Saturday night stay over) as this is the most economical fare. This
option is voluntary. See details below.
Any exceptions must be authorized in advance by contacting the Section
Coordinator.
Charter Class to Save Money (Voluntary)
Reservations must be made well
in advance with a Saturday night stay over in order to obtain the most
economical fare. The travel agent will be booking at the most economical
discounted airfare possible.
In circumstances when an event is not scheduled to meet the criteria
of a Saturday night stay over at destination, the travel agent will
give the opportunity to voluntarily take advantage of the discounted
fares. However, the PSAC will only pay actual loss of salary, extra
hotel costs (no more than two) and meal expenses providing that the
reduced fare plus expenses and loss of salary is less than the cost
of the regular economy fare. Claims will be reviewed accordingly.
If charter fares are booked, travel back to destination should occur
on day planned. However, if negotiations are adjourned early, contact
the Negotiations Section to arrange when it is appropriate to return
home. (The cost will be the determining factor.)
Taxis
All claims for single taxi fares in excess of $8.00 must be supported
by a receipt.
A member traveling by air must use the airport bus/shuttle. The use
of taxis or other ground transportation is not approved unless
it is more economical, which is usually the case when such method of
transportation is shared.
If a member wishes to hand in their expense claim prior to departure,
taxi receipts for airport transportation to the airport can be multiplied
by two for the return trip.
Parking
A receipt is always needed for parking.
4.4 Accommodation
Members residing in the municipal area where the meeting is to take place
may be allowed to stay at the hotel. The Coordinator of Negotiations
may grant such approval that will depend upon the circumstances. Negotiating
team members will be advised on occasions when it will be absolutely
necessary to secure accommodations for the night during a session.
The PSAC’s policy is that members stay at unionized hotels and these
will be booked by PSAC Travel Agent or by PSAC administrative staff. Confirmation
is essential.
For ease of processing expenses and ensuring costs are coded accurately,
members on negotiating teams are to pay their hotel bill. An original
receipt must support claims for hotel accommodation. Settled hotel
invoice is to be attached to the expense claim. Room charges and taxes
only can be claimed.
Private accommodation allowance will be paid according to PSAC Travel
Directive.
4.5 Meals & Incidentals
When applicable, meal allowances may be claimed at the current rate provided
in the PSAC Travel Directive.
If in travel status breakfast may be claimed when leaving home before
7:00 a.m. Dinner may be claimed when arriving home later than 6:00 p.m.
Note Per Diem: If meals and incidentals are claimed, a per diem does not
apply.
4.6 Family Care
The objective of the PSAC’s Family Care Policy
is to remove one of the barriers which prevents members from participating
fully in union activities. The intention is to assist members in covering
additional costs (costs over and above the normal family care expenses) incurred
as a direct result of attending authorized PSAC activities.
Additional family care expenses may be claimed but a member must complete
Form 133 and provide an original receipt signed by the care giver to
qualify for this entitlement, both of which should be attached to the
expense claim. Please refer to the Form 133 for terms and conditions
of the PSAC Family Care Policy.
Upon request, consideration will be given to special needs or unusual
circumstances resulting in costs which exceed the approved rates and
expenses allowable. Detailed information must be provided in advance
for pre-approval.
4.7 Salary Entitlement
A member’s actual loss of salary will be reimbursed for all working
hours at the rate of pay normally earned as specified in the applicable collective
agreement. Loss of salary will be reimbursed only for authorized travel during
normal working hours. Members will not be compensated for travel or work
on a day of rest except where specified in the PSAC Regulations.
Bargaining Committee Meetings
Loss of salary only.
Negotiations
PSAC representatives on a PSAC negotiating team shall be paid loss of salary.
Team members who work (and travel) on a day of rest, shall be compensated
at their straight-time rate to a maximum of one (1) day’s
normal pay (based on contract hours). (Adopted at January, 1988
meeting).
- Team Members on Shift Schedules
A copy of the official shift schedule, which indicates days/hours scheduled
to work, must be attached if claiming other than Monday to Friday and/or
shift/weekend premiums.
For normal days of rest, team members would receive up to a maximum
of eight hours salary for that day. (Comptroller, March 1991).
- Salary for Work/Travel on a Compressed Day Off
If a member negotiates or travels on his/her compressed day off,
he/she is not entitled to any compensation as he/she has already
been paid for that day. (Comptroller & AEC - February 1989)
A copy of a compressed work week schedule, which indicates hours/days
scheduled to work, must be attached if claiming more hours per day
than those specified in the applicable collective agreement.
- Salary for Travel Time on a Day of Rest
For each day member travels on a day of rest, members will be compensated
for the time in travel status based on actual travel time not to
exceed one day’s normal pay. Actual travel time hours should
be indicated on expense claim or itinerary can be provided if available.
- Salary for Work/Travel on a Designated Paid Holiday
If members travel or work on a designated paid holiday, they lose
their day off and for that they will be compensated. They will be
compensated at a straight time rate as is done for other days or
rest. However, loss of salary will be paid at the applicable rate
if member was scheduled to work on that day. A shift schedule is
needed in this case.
Overtime is never paid. At no time will a member be compensated for
hours worked/traveled in excess of their normal working day.
Full particulars of classification must be provided. This includes
group, sub-group, level; step in the level, zone, supervisory differential,
Isolated Post Allowance information, shift and weekend premium information,
etc. It is necessary to indicate the number of days being claimed.
Salary will not be paid unless full particulars are indicated.
Bilingual bonus is paid by the employer for the full month for any
month in which the employee receives a maximum of 10 days pay.
No negotiating team member who is selected to an PSAC negotiating team,
will be required to begin work within ten (10) hours of his/her return
home after bargaining.
If a member’s entitlement is increased by reason of a collective
agreement being approved retroactively, it is the responsibility
of the member to submit a supplementary claim to Financial Accounting.
Salary entitlement will be paid only when social insurance number
is provided.
Note: A T4 will be issued.
4.8 Loss of Employer Share of Benefits
Members who work less than ten (10) days in any given month may lose
out on employer share of benefits (including annual leave, sick leave
and bilingual bonus). PSAC will compensate for all loss of benefits.
A form (provided by PSAC) must be completed by the pay office.
4.9 Benefits
If a member becomes ill while on PSAC business, we do continue to
reimburse the member loss of salary for the duration of the function
at which time if the member remains ill he/she should go on sick
leave from the employer.
If the member has an accident such as falling, etc. we do have an
insurance policy which pays up to $500.00 weekly indemnity for the
period until the member is deemed fit to return to work (maximum
52 weeks).
4.10 Source Deductions/Income Tax – CPP and EI
CPP, EI and Income Tax will be deducted based on source deduction tables
for wages paid. Additional tax can be deducted - enter dollar amount
on expense claim.
4.11 Processing Of Expense Claim
Incomplete and unsigned claims will be returned.
All members claiming expenses from the PSAC must complete a PSAC
Expense Claim Form #165. The reverse side gives explanations in
detail of the various expenses that can be claimed.
It is essential that the original claim is submitted and all accompanying
receipts are originals in order for Financial Accounting to reimburse
members’ expenses.(We cannot pay on a copy or a fax copy of claim).
When completed, the original expense claim form and accompanying documents
are to be sent to the PSAC Section that is responsible for approving
claim. The Financial Accounting Section normally processes claims
within 10-15 days of receipt of the claim in their offices.
Any comments, or additional information which will assist in the
settlement of claims should be detailed in a covering memorandum
and submitted with the claim (i.e. unavoidable changes to travel
plans).
REGULATION NO. 15A
Public Service Alliance of Canada
Enacted this 29th day of January 1985
(As amended May 22, 1990)
(As amended March 30, 1992)
(As amended May 27, 1993)
(As amended July 29, 2002)
Pursuant to the authority and power vested by the Constitution of the Public
Service Alliance of Canada, under Section 12 thereof, the National
Board of Directors hereby enacts as follows:
REGULATION GOVERNING THE PAYMENT OF EXPENSES TO SPECIFIED MEMBERS OF AN
ALLIANCE BARGAINING COMMITTEE AND/OR ALLIANCE NEGOTIATING TEAM
1. GENERAL
(a) This Regulation shall govern the payment of funds to specified members
of the Alliance that are elected or otherwise appointed to serve on an
Alliance Bargaining Committee or on an Alliance Negotiating Team representing
a bargaining unit of which they are a member.
(b) The intent is to reimburse specified members, to the extent provided
herein, to assure that they do not suffer financially as a result of
fulfilling the responsibility of serving on such Committee or Team.
(c) In order to expedite reimbursement, expense claim forms (as approved
by the AEC) shall be completed and submitted by the member. An explanatory
instruction sheet shall be provided to the member along with the expense
claim form.
(d) Claims will be settled in accordance with the provisions of Section
4 of Regulation No. 14.
(e) Where applicable, loss of salary shall include Supervisory Differential,
Shift Premium, Weekend Premium, Isolated Posts Allowance, Environmental
Living Cost Differential, Foreign Service Directive, Fuel & Utilities,
Family Care and the rate of pay specified in the applicable collective
agreement.
(f) Alliance Bargaining Committee specified member(s) will be paid loss
of salary for all normal working days, however, no payment may be claimed
for days of rest and overtime may not be claimed under any circumstances.
(g) Notwithstanding (f) above, Alliance Bargaining Committee representatives
on an Alliance Negotiating Team who work on a day of rest, shall be compensated
at their straight-time rate to a maximum of one (1) day's normal pay.
(h) If a member's entitlement is increased by reason of a collective
agreement being approved retroactively, it is the responsibility of the
member to submit a supplementary claim to the Finance and Administration
Branch.
(i) No member of a negotiating team who is elected by the Alliance Bargaining
Committee to the Alliance Negotiating Team, will be required to begin
work within ten (10) hours of his/her return home after bargaining.
NOTE: For greater clarity, specified members refers to the official member(s)
named by the applicable Component to the Alliance Bargaining Committee
and the member(s) elected by the Alliance Bargaining Committee to the
Alliance Negotiating Team.
2. ALLIANCE BARGAINING COMMITTEE
Payment shall be made to one member of each bargaining unit for each
Component having members in that bargaining unit.
3. ALLIANCE NEGOTIATING TEAM
Payment shall be made to one (1) to five (5) members as per Section
9, Sub-Section (7) of the Alliance Constitution.
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