Union dues - Implementation of the Public Service Labour Relations Act (PSLRA)

March 11, 2005

This is to inform you of new requirements, when the PSLRA comes into force, with respect to the withholding and remittances of union dues when there is an objection to the exclusion of a position by a bargaining agent. It must be noted that the PSLRA is expected to come into force on April 1^st, 2005.

Section 76. (1) of the PSLRA requires that when an objection to the exclusion of a position is filed with the Board, the amount that would otherwise be the membership dues must be held in a suspense account for the occupant of that position. As a result, when a department is advised that there is an objection to the exclusion of a position, immediate action must be taken, in accordance with Public Works and Government Services Canada (PWGSC) pay input procedures, to identify such employees in the pay system and to ensure that union dues are directed in the appropriate suspense account. It must be noted that the Bargaining Status Exclusion (BSE) code will be used for that purpose.

Section 76. (2) requires that the amount of membership dues held in the suspense account for an employee, be remitted to that employee when the Board makes an order declaring his/her position to be a managerial or confidential position, or if the bargaining agent withdraws the objection to the position exclusion. Consequently, in such cases, departments must change the BSE code and take immediate action to stop the union dues deductions and remit the union dues held in the suspense account to the appropriate employee, in accordance with PWGSC pay input procedures.

Section 76. (3) provides for the remittance to the bargaining agent of the amount held in the suspense account when the Board makes an order dismissing the application for exclusion in respect of a position. Therefore, when departments are advised that the Board dismissed such an application, they must immediately change the employee's BSE code and request that union dues held in the suspense account for that position be remitted to the appropriate bargaining agent, in accordance with PWGSC pay input procedures.

Note:

A standard benefits letter will be published in the near future. Departments may use this tool to inform employees about the status of their union dues deductions.

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.