May 5, 2004
Union Dues Deductions
This is a follow-up to my previous bulletin dated February 9,
2004 concerning the implementation of the decision issued by the Public Service
Staff Relations Board (PSSRB) - file # 169-2-660 to 665 on December 11, 2003, in
relation to the complaint made by the Professional Institute of the Public
Service of Canada (PIPSC) regarding the check-off provisions in the six PIPSC
collective agreements.
Status
First of all, I would like to thank departmental compensation
staffs for their work in completing the spreadsheets that were distributed at
the time of my earlier bulletin. On March 11, 2004, in compliance with the PSSRB
order, the Institute received two payments totalling $174,191.00. As the PSSRB
decision constituted a change to the Employer's Union Dues Check-off policy,
these payments were made by Treasury Board Secretariat (TBS) and will not be
charged back to affected departments and agencies.
There was a small residue of employees for whom data had not
been received from the responsible departments. The majority of these cases
involved employees who terminated their employment in the Public service, or
transferred to another department. Affected departments are now in the process
of obtaining, and providing the information required to this office. Payment
will be made promptly to the Institute once all the data has been received.
You should be aware that PIPSC officials have requested the
assistance of the PSSRB in reaching a final determination on the amount of dues
payable to the Institute under the Board's order. While copies of the completed
spreadsheets were provided to the Institute in advance of payment, they contend
that they have no means of verifying the amounts therein. It is anticipated that
there will be a mediation session on this matter with the original adjudicator,
quite soon.
Second PIPSC Complaint
As you know, the Institute filed a second complaint alleging
that union dues were not being remitted within a reasonable time. This complaint
concerns the cases that departmental compensation advisors were required to
investigate and resolve, dating back to May 2001.
While the first complaint focused on the effective date of the
appointment, this second complaint addresses problems related to the starting
and/or stopping of dues at the proper time, the administration of dues for
employees in acting situations, and delays in the issuance of letters of offer.
In September 2001, affected departments were provided with detailed reports from
the Institute, and were requested to remedy the situation promptly.
While departments undertook significant effort to resolve the
problems, PIPSC officials alleged that the outstanding monies owing had
escalated from $281,000 to over $500,000. On January 19 and 20, 2004, the PSSRB
heard this second complaint.
The PSSRB issued their decision regarding this second complaint
on April 26, 2004. The PSSRB has ruled that the Employer breached its obligation
under the collective agreement to remit dues to PIPSC. The Institute must
receive the monies that it is owed for the losses suffered by August 24, 2004.
We are presently reviewing this decision and we will advise you shortly
regarding the procedures required to implement this decision.
Departmental compensation and staff relations managers should
direct any questions that they may have to their appropriate corporate officials
who, if need be, can contact the Pay Administration Section.
Brent DiBartolo
Assistant Secretary
Labour Relations and Compensation Operations
Human Resources Management Office
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