The Federal Government announces plan to repeal the Harper era Anti-Union Bill C-4 (2013) :: Association of Justice Counsel News
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June 14th, 2016
June 14th, 2016

The Federal Government announces plan to repeal the Harper era Anti-Union Bill C-4 (2013)

The Government of Canada (GOC) has notified all the bargaining agents that it intends to table legislation in the fall of 2016 that will repeal all the anti-union elements of Bill C-4, (Economic Action Plan 2013 Act, No. 2).

The GOC's new legislation plans to restore the public service labour relations regime to prior Bill C-4 changes.  In the notification, the GOC indicated that it now intends to bargain under interim measures reflected in the proposed changes in the fall legislation, including:

  1. Choice of Dispute Resolution Method:

    • All bargaining agents can request a change from conciliation/strike route to either arbitration or "binding conciliation". The AJC is currently under conciliation/strike route and intends to request a change.

  2. Preponderant Arbitration / Conciliation Factors:

    • The employer agrees to treat the two factors set out in Bill C-4 as "preponderant" (recruitment and retention, and the state of the Canadian economy), as if they were no longer preponderant.  An arbitration board is free to consider all of the other factors listed in the previous version of the Public Service Labor Relations Act as it sees fit.

The AJC welcomes this news from the GOC and the negotiations team has made adjustments to its approach at the bargaining table.

Click here to read the full letter from the Office of the President of the Treasury Board of Canada.

Bargaining Update 10

The Negotiation Team met with Treasury Board on June 8, 2016 and discussed the AJC's proposals on compensation and management leave.  Treasury Board had no new proposals despite the announcement of the plan to repeal Division 17 of Bill C-4 (2013).

However, Treasury Board did indicate that it was undertaking a wage comparability study.  The AJC has allowed for a brief delay for the completion of the study.  Hopefully, this will also enable Treasury Board to obtain instructions on re-evaluating the AJC's proposals given the anticipated change in legislation.  

Treasury Board was unwilling to schedule dates until the completion of the study.  The AJC's Negotiation Team is available to meet with Treasury Board over the summer and will be pressing for a quick return to the bargaining table.  We will post an update once dates are set.

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