November 19, 2004
Union Dues - Interim Process
The purpose of this bulletin is to provide departments and agencies with amendments to the direction provided in our bulletins
of September 15, 2003 and February 13, 2004 as a result of the decisions issued by the Public Service Staff Relations Board
(PSSRB) - file # 169-2-660 to 665 on December 11, 2003 and file # 169-2-669 to 674 on April 26, 2004.
The following process is to be administered immediately for ALL bargaining agents.
Initial Appointments
Indeterminate
The PSSRB decisions of December 11, 2003 and April 26, 2004 did not change the procedures that Treasury Board departments and
agencies must follow regarding the commencement of union dues for initial appointments to the Public Service.
For initial appointments to the Public Service where the employee meets the definition of "employee" in accordance
with the Public Service Staff Relations Act (PSSRA), union dues commence in accordance with the Check-off
article of the relevant collective agreement (i.e. from the first (1st) full calendar month of employment or the first
(1st) full month of employment).
A calendar month is defined as the period from the first day of the month to the last day of the month inclusively.
Specified Periods
Less than three (3) months:
Individuals appointed for a specified period of less than three (3) months do not pay union dues.
More than three (3) months:
Individuals appointed for three (3) months or more are, in accordance with the PSSRA, subject to the collective
agreement from the date of appointment. Union dues commence in accordance with the Check-off article of the relevant collective
agreement (i.e. from the first (1st) full calendar month of employment or the first (1st) full month of
employment to the extent that earnings are available).
Casual Employment - Section 21.2 of the Public Service Employment Act (PSEA)
Casual employees hired under Section 21.2 of the PSEA, regardless of their length of employment, are not subject to a
collective agreement and consequently will never pay union dues while employed as a casual. In addition, periods of casual
employment (hired under 21.2 of the PSEA) are not included toward the counting of the time required to become subject to
the collective agreement.
You will find examples on the deduction of union dues for initial appointments in the attached Appendix.
Arrears on Initial Appointments
If, for some reason, the union dues are not commenced on the initial appointment, the arrears are to be recovered immediately
from the employee's salary, using the appropriate arrears deduction code, with the exception of PSAC.
PSAC Exception:
When arrears for PSAC are required, the departments must commence the union dues at the rate of $40.00 per month and advise
PSAC of the arrears situation (e.g. dues were not started in time), by faxing the following information to the PSAC Dues
Adjustment Specialist:
- Name of employee;
- Individual Agency Number (IAN);
- department;
- classification and level;
- date of appointment and employment status;
- date dues should have started;
- date dues were started;
- and any other details which could be helpful to calculate arrears.
Note:
A standard benefits letter that departments can use to report this information to PSAC, will be published shortly.
PSAC will calculate the amount of arrears and will recover the monies via the Public Works and Government Services Canada
(PWGSC) pay system.
Subsequent Appointments or Assignments
When an employee changes from one bargaining agent to another, as a result of a promotion, a deployment, a transfer or an
acting assignment, departments and agencies are required to stop dues deductions for the former bargaining agent and commence dues
for the new bargaining agent effective the first (1st) day of the month following the effective date of the
change, as per the PSSRB decision of December 11, 2003.
Subsequent periods of less than three (3) months:
Employees appointed for less than three (3) months, whose employment is extended, pay union dues from the first (1st)
of the month following the date the person has been so employed for a period of three (3) months. The date of the authorizing
document for the term extension has no bearing on when union dues deductions commence.
You will find examples on the deduction of union dues for subsequent appointments or assignments in the attached Appendix.
Arrears on Subsequent Appointments or Assignments (excludes PSAC)
When there is a change in bargaining agent and the required action to stop the dues for the former bargaining agent and to
commence the dues for the new bargaining agent are not processed in the PWGSC pay system at the proper time, the following
principles must be respected:
As a result of the PSSRB decision of April 26, 2004, the bargaining agent for the new position must receive payment in
full for all outstanding arrears owing within thirty (30) calendar days of discovering that arrears are owed to that bargaining
agent.
Current and former employees must not be over deducted union dues nor must they be under deducted union dues. They must be made
whole by either refunding any over deduction of union dues or by recovering any under deduction of union dues.
TBS is currently working with PWGSC in order to modify the pay system to accommodate the processing of the payment of arrears
to the bargaining agents via their next union dues remittance and to permit departments to make the employee whole.
Until these changes are made to the PWGSC pay system, where there is a change in bargaining agent and union dues arrears are
owed to the new bargaining agent, the following procedures must be followed:
1. Immediate action must be taken to cease the dues deductions for the former bargaining agent and to commence the dues
deductions for the new bargaining agent.
2. Department calculates the full amount owing for the period of the arrears and pays the new bargaining agent (see
note 1), via the departmental finance office, within thirty (30) calendar days of the date that it is determined
that the arrears are owed.
3. Department creates appropriate pay transaction requesting the refund of dues remitted in error to the bargaining agent (see
Note 2).
4. Prior to releasing the refund cheque to the employee, the compensation advisor is to establish whether the employee was over
deducted or under deducted union dues for the same period represented by the refund.
5. If employee was over or under deducted, the refund cheque is released to the employee and the amount of
union dues paid to the bargaining agent on the employee's behalf is to be recovered from the employee's salary as a debt to the
Crown, using code 540.
Note 1:
The above arrears procedures do not apply to PSAC. The Alliance has requested that departments continue the current process
as outlined previously for initial appointments for the PSAC until further notice.
The department is required to notify the Alliance without delay of any outstanding dues owed and the
Alliance will continue to recover the dues owed directly via the PWGSC pay system.
Note 2:
Where prior authorization of the former bargaining agent is needed in order to issue a refund of dues, the approval of the
bargaining agent is requested without delay for the full period where dues were remitted to that bargaining
agent in error.
Where the former bargaining agent either authorizes a partial refund or does not authorize any refund for the period, the
department must make the employee whole for the period where a refund is not authorized.
You will find examples on the deduction of arrears on subsequent appointments or assignments in the attached Appendix.
On-going Acting Assignments
Once an employee has met the qualifying period in accordance with his or her substantive collective agreement, union dues must
be deducted in respect of the acting position.
Note:
The date of the authorizing document has no bearing on the establishment of the date when union dues change.
You will find an example on the deduction of union dues for on-going acting assignments in the attached Appendix.
Closed Period Acting Assignments
Where the acting assignment is completed before input to the pay system:
- Union dues deductions for the bargaining agent (see note) for the acting position must be recovered;
- A refund must be requested for the dues remitted in error to the bargaining agent for the substantive position.
Note:
The Alliance has requested that departments continue the current process as outlined above for initial appointments for the
PSAC until further notice. Therefore, the department is required to notify the Alliance without delay of any
outstanding dues owed and the Alliance will calculate the arrears owed and will input an arrears transaction to the PWGSC pay
system.
You will find examples on the deduction of union dues for closed-period acting assignments in the attached Appendix.
Reclassifications and Conversions
The date used to establish when to commence/change union dues for reclassifications or conversions is the later of the
effective date of the appointment or the date of issuance of the authorizing document (TB 330).
Departmental Compensation and Staff Relations managers should direct any questions that they may have to the appropriate
departmental corporate official who, if need be, can contact the Pay Administration Section.
Reginald A. Giekes
Acting Director
Pay Administration
Management Policy and Labour Relations
Appendix
Initial Appointment
|
Type of Appointment |
Effective Date |
Subject to collective agreement |
Cessation or Commencement of Deduction of Union Dues |
|
Indeterminate |
03-08-2004 |
03-08-2004 |
Commence: 01-09-2004
1st full calendar month of employment
|
|
Indeterminate |
01-09-2004 |
01-09-2004 |
Commence: 01-09-2004
1st full calendar month of employment
|
|
Specified Period
< 3 months
|
07-09-2004 to
30-10-2004 |
07-09-2004
(as per PSTCER)
|
N/A |
|
Specified Period
> 3 months
|
07-09-2004 to
30-12-2004
|
07-09-2004 |
Commence: 01-10-2004 |
|
Specified Period
Casual Section 21.2, of the PSEA
|
07-09-2004 to
30-10-2004 |
07-09-2004
(as per PSTCER)
|
N/A |
Subsequent Appointments or Assignments
|
Type of Subsequent Appointment or Assignment |
Effective Date |
Subject to collective agreement |
Cessation or Commencement of Deduction of Union Dues |
AS-02 (PSAC) promoted
PG-03 (PIPSC) |
01-09-2004 |
01-09-2004 |
PSAC dues cease: 01-10-2004
PIPSC dues commence: 01-10-2004
(1st day of the month following the effective date of the change) |
FI-01 (ACFO) deployed
PM-04 (PSAC) |
14-09-2004 |
14-09-2004 |
ACFO dues cease: 01-10-2004
PSAC dues commence: 01-10-2004
(1st day of the month following the effective date of the change) |
Subsequent period
of less than three (3) months |
07-09-2004 to
05-11-2004
(2 months)
08-11-2004 to
07-01-2005
(2 months) |
07-09-2004
(as per PSTCER) |
Commence: 01-01-2005
(1st of the month following the date the person completed 3 months of employment) |
|
Where there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
Arrears on Subsequent Appointments or Assignments
|
EMPLOYEE UNDER DEDUCTED - FULL REFUND OBTAINED
|
|
FI-01 (ACFO) deployed to a PG-02 (PIPSC) retroactive to:
|
01-04-2004 |
|
Pay Unit informed:
|
08-09-2004 |
|
ACFO dues ($25.00 per month) should have ceased:
|
01-05-2004 |
|
PIPSC dues ($47.00 per month) should have commenced:
|
01-05-2004
(1st day of the month following the effective date of the change) |
|
Current ACFO deductions cease:
|
01-10-2004
|
|
Current PIPSC deductions commence:
|
01-10-2004 |
|
Calculate amount of arrears owing to PIPSC: |
$235.00 (01-05-2004 to 30-09-2004)
|
|
Amount to be paid to PIPSC via the departmental finance office:
|
$235.00 |
|
ACFO refund requested via PWGSC: |
$125.00 (01-05-2004 to 30-09-2004)
|
|
Refund approved:
|
$125.00 |
|
Employee was under deducted:
|
$110.00 |
|
Refund cheque released to employee:
|
$125.00 |
|
Amount to be recovered from employee's salary as a debt to the Crown (via the PWGSC pay system with code 540)
|
$235.00 |
|
Adjustment to be done to employee's T4/Relevé 1 form |
As per PWGSC instructions
|
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
|
EMPLOYEE UNDER DEDUCTED - PARTIAL REFUND OBTAINED
|
|
FI-01 (ACFO) deployed to a PG-02 (PIPSC) retroactive to:
|
01-04-2004 |
|
Pay Unit informed:
|
08-09-2004 |
|
ACFO dues ($25.00 per month) should have ceased:
|
01-05-2004 |
|
PIPSC dues ($47.00 per month) should have commenced:
|
01-05-2004
(1st day of the month following the effective date of the change) |
|
Current ACFO deductions cease:
|
01-10-2004 |
|
Current PIPSC deductions commence:
|
01-10-2004 |
|
Calculate amount of arrears owing to PIPSC:
|
$235.00 (01-05-2004 to 30-09-2004) |
|
Amount to be paid to PIPSC via the departmental finance office:
|
$235.00 |
|
ACFO refund requested via PWGSC:
|
$125.00 (01-05-2004 to 30-09-2004) |
|
Refund approved:
|
$100.00 |
|
Employee was under deducted: |
$110.00
|
|
Refund cheque released to employee:
|
$100.00 |
|
Amount to be recovered from employee's salary as a debt to the Crown (via the PWGSC pay system with code 540)
|
$210.00
[$235.00 - $25.00 ($125.00 - $100.00)] |
|
Adjustment to be done to employee's T4/Relevé 1 form
|
As per PWGSC instructions |
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
|
EMPLOYEE UNDER DEDUCTED - NO REFUND OBTAINED
|
|
FI-01 (ACFO) deployed to a PG-02 (PIPSC) retroactive to:
|
01-04-2004 |
|
Pay Unit informed:
|
08-09-2004 |
|
ACFO dues ($25.00 per month) should have ceased:
|
01-05-2004 |
|
PIPSC dues ($47.00 per month) should have commenced:
|
01-05-2004
(1st day of the month following the effective date of the change) |
|
Current ACFO deductions cease:
|
01-10-2004 |
|
Current PIPSC deductions commence:
|
01-10-2004 |
|
Calculate amount of arrears owing to PIPSC:
|
$235.00 (01-05-2004 to 30-09-2004) |
|
Amount to be paid to PIPSC via the departmental finance office:
|
$235.00 |
|
ACFO refund requested via PWGSC:
|
$125.00 (01-05-2004 to 30-09-2004) |
|
Refund approved:
|
$0.00 |
|
Employee was under deducted:
|
$110.00 |
|
Amount to be recovered from employee's salary as a debt to the Crown (via the PWGSC pay system with code 540)
|
$110.00
[$235.00 - $125.00 ($125.00 - $0.00)] |
|
Adjustment to be done to employee's T4/Relevé1 form:
|
As per PWGSC instructions |
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
|
EMPLOYEE OVER DEDUCTED - FULL REFUND OBTAINED
|
|
AS-01 (PSAC) deployed to a PG-02 (PIPSC) retroactive to:
|
01-04-2004 |
|
Pay Unit informed:
|
08-09-2004 |
|
PSAC dues ($80.00 per month) should have ceased:
|
01-05-2004 |
|
PIPSC dues ($47.00 per month) should have commenced:
|
01-05-2004
(1st day of the month following the effective date of the change) |
|
Current PSAC deductions cease:
|
01-10-2004 |
|
Current PIPSC deductions commence:
|
01-10-2004 |
|
Calculate amount of arrears owing to PIPSC:
|
$235.00 (01-05-2004 to 30-09-2004) |
|
Amount to be paid to PIPSC via the departmental finance office:
|
$235.00 |
|
PSAC refund requested via PWGSC:
|
$400.00 (01-05-2004 to 30-09-2004) |
|
Refund approved:
|
$400.00 |
|
Employee was over deducted:
|
$165.00 |
|
Refund cheque released to employee:
|
$400.00 |
|
Amount to be recovered from employee's salary as a debt to the Crown (via the PWGSC pay system with code 540):
|
$235.00 |
|
Adjustment to be done to employee's T4/Relevé 1 form:
|
As per PWGSC instructions |
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
|
EMPLOYEE OVER DEDUCTED - PARTIAL REFUND OBTAINED
|
|
AS-01 (PSAC) deployed to a PG-02 (PIPSC) retroactive to:
|
01-04-2004 |
|
Pay Unit informed:
|
08-09-2004 |
|
PSAC dues ($80.00 per month) should have ceased:
|
01-05-2004 |
|
PIPSC dues ($47.00 per month) should have commenced:
|
01-05-2004
(1st day of the month following the effective date of the change) |
|
Current PSAC deductions cease:
|
01-10-2004 |
|
Current PIPSC deductions commence:
|
01-10-2004 |
|
Calculate amount of arrears owing to PIPSC:
|
$235.00 (01-05-2004 to 30-09-2004) |
|
Amount to be paid to PIPSC via the departmental finance office:
|
$235.00 |
|
PSAC refund requested via PWGSC:
|
$400.00 (01-05-2004 to 30-09-2004) |
|
Refund approved:
|
$100.00 |
|
Refund cheque released to employee:
|
$100.00 |
|
Amount to be paid to employee via the departmental finance office:
|
$65.00
[$400.00 - ($100.00 + $235.00)]
|
|
Adjustment to be done to employee's T4/Relevé1 form:
|
As per PWGSC instructions |
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
|
EMPLOYEE OVER DEDUCTED - NO REFUND OBTAINED
|
|
AS-01 (PSAC) deployed to a PG-02 (PIPSC) retroactive to:
|
01-04-2004 |
|
Pay Unit informed:
|
08-09-2004 |
|
PSAC dues ($80.00 per month) should have ceased:
|
01-05-2004 |
|
PIPSC dues ($47.00 per month) should have commenced:
|
01-05-2004
(1st day of the month following the effective date of the change) |
|
Current PSAC deductions cease:
|
01-10-2004 |
|
Current PIPSC deductions commence:
|
01-10-2004 |
|
Calculate amount of arrears owing to PIPSC:
|
$235.00 (01-05-2004 to 30-09-2004) |
|
Amount to be paid to PIPSC via the departmental finance office:
|
$235.00 |
|
PSAC refund requested via PWGSC:
|
$400.00 (01-05-2004 to 30-09-2004) |
|
Refund authorized:
|
$0.00 |
|
Employee was over deducted:
|
$165.00 |
|
Amount to be paid to employee via the departmental finance office:
|
$165.00 |
|
Adjustment to be done to employee's T4/Relevé 1 form:
|
As per PWGSC instructions |
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
On-Going Acting Assignments
|
AS-03 (PSAC) on an acting assignment to a PG-03 (PIPSC):
|
02-08-2004 to 04-10-2004 |
|
PSAC dues cease: |
01-09-2004
|
|
PIPSC dues commence:
|
01-09-2004
(1st day of the month following the effective date of the change) |
|
PIPSC dues cease*: |
01-11-2004
|
|
PSAC dues commence*: |
01-11-2004
|
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
* if acting assignment is not extended
Closed Period Acting Assignments
|
Example 1:
|
|
AS (PSAC) acting FI (ACFO)
|
02-08-2004 to 30-09-2004 |
|
Authorizing document received:
|
15-10-2004 |
|
PSAC dues cease:
|
01-09-2004 |
|
PSAC refund requested:
|
01-09-2004 to 30-09-2004 |
|
ACFO dues commence:
|
01-09-2004
(1st day of the month following the effective date of the change) |
|
ACFO dues cease:
|
01-10-2004 |
|
PSAC dues commence:
|
01-10-2004 |
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
|
Example 2:
|
|
AS (PSAC) acting FI (ACFO):
|
01-06-2004 to 23-08-2004 |
|
PSAC dues cease:
|
01-07-2004 |
|
PSAC refund requested for:
|
01-07-2004 to 31-08-2004 |
|
ACFO dues commence:
|
01-07-2004
(1st day of the month following the effective date of the change) |
|
ACFO dues cease:
|
01-09-2004 |
|
PSAC dues commence:
|
01-09-2004 |
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
|
Example 3:
|
|
AS (PSAC) acting FI (ACFO):
|
28-09-2004 to 09-10-2004 |
| PSAC dues cease: |
01-10-2004 |
| AFCO dues commence: |
01-10-2004
(1st day of the month following the effective date of the change) |
|
Example 4:
|
|
AS (PSAC) acting FI (ACFO)
|
01-09-2004 to 26-09-2004 |
|
As there is no "full calendar month", there is no change in dues. PSAC dues continue.
|
|
Example 5:
|
|
BI (PIPSC) acting AS (PSAC):
|
20-09-2004 to 19-11-2004 |
|
PIPSC dues cease:
|
01-10-2004 |
|
PIPSC refund requested:
|
01-10-2004 to 31-10-2004 |
|
PSAC dues commence: |
01-10-2004
(1st day of the month following the effective date of the change)
|
|
PSAC dues cease:
|
01-12-2004 |
|
PIPSC dues commence:
|
01-12-2004 |
|
As there is a change in bargaining agent, the Notice of Change of Union Affiliation Form (TBS/SCT 340-8) is to be
completed and sent to both bargaining agents.
|
|
Should this be processed as a closed period acting in the past, the compensation advisor must advise PSAC of the dues
owing for the acting period and the Alliance will recover the dues owing for the acting period.
|
|
Note:
|
|
For all bargaining agents, other than PSAC, the departments are responsible for the payment of the arrears to the
bargaining agent for the acting position in the same manner as for subsequent appointments above.
|
|
