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1 |
PURPOSE |
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1.1 |
The purpose of this directive is to advise
users of the creation of a new collective bargaining status code in the
Regional Pay System (RPS).
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2 |
BACKGROUND |
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2.1 |
The Public Service Modernization Act (Bill
C-25) received Royal Assent on November 7, 2003. This act amends the Public
Service Labour Relations Act (formerly the Public Service Staff
Relations Act) with regard to the treatment of union dues deductions
for employees who have been proposed for exclusion under the Act.
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3 |
POLICY |
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3.1 |
Section 76 of the Act provides that when an
objection to an exclusion is filed by the bargaining agent, union dues
will continue to be deducted, but must be held by the employer until the
objection has been resolved. Once the objection is resolved or withdrawn,
the dues deducted will either be refunded to the employee or remitted to
the bargaining agent.
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4 |
PROCEDURES/INSTRUCTIONS |
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4.1 |
The RPS has been modified with the addition
of a new collective bargaining status code for Field 26. The new code "99" will
be used to identify any position that has been proposed for exclusion when
an objection to the exclusion has been filed by the bargaining agent. |
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4.2 |
The following procedure is to be followed when
the department is advised that there is an objection to the exclusion of
a position: |
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- create an MSA (PAC 05) transaction to change the collective bargaining
status code (Field 26) to 99, using the effective date indicated on
the exclusion status checklist received from Treasury Board Secretariat
(TBS);
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- no other transactions are required until the objection is resolved.
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4.3 |
The following procedure is to be followed when
the department is advised that the Public Service Labour Relations Board
(PSLRB) has made an order declaring the position to be a managerial or
confidential position, or when the department is advised that the bargaining
agent has withdrawn the objection: |
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- create an MSA (PAC 05) transaction to change the collective bargaining
status code (Field 26) to the appropriate exclusion code, using the
effective date indicated on the exclusion status checklist received
from TBS;
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- create a DES (PAC 16S) transaction to stop the union dues deduction.
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4.4 |
The following procedure is to be followed when
the department is advised that the PSLRB has dismissed the application
for exclusion: |
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- create an MSA (PAC 05) transaction to change the collective bargaining
status code (Field 26) to the appropriate non-excluded code, using
the effective date indicated on the exclusion status checklist received
from TBS.
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4.5 |
Transactions to change the collective bargaining
status code (Field 26) to 99, or from 99 to another code should be input
for pay cycle "2", to ensure that deductions are processed correctly. |
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4.6 |
The procedures regarding the reimbursement
of union dues withheld while an application for exclusion is under review
will be provided at a later date.
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5 |
INQUIRIES |
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5.1 |
Any inquiries on the information
contained in this document should be addressed to your Public Works and
Government Services Canada (PWGSC) Compensation Services Office. |
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