Designating essential services positions

Designations are coming. This is some info. distributed by employer:

Frequently Asked Questions

General information

Q1. What are essential services?

A1. In the event of a strike, the Government of Canada must ensure that Canadians have access to essential services. The Public Service Labour Relations Act defines an essential service as “a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public.”

The following are examples of essential services in the government of Canada:

• border safety and security;
• correctional services;
• national security; and
• income and social security (most relevant to our department).

Q2. What does it mean to occupy a designated position?

A2. Under the Public Service Labour Relations Act, a person who occupies an essential services position:

• must exercise duties in the interest of the safety or security of the public; and
• must perform these duties in whole or in part at any particular time or after any specified period.

For those reasons, an employee who occupies such a position is prohibited by law from participating in a legal strike by members of his/her bargaining unit. The employee will continue to pay union dues.

Identifying essential services positions

Q3. Who decides which positions provide essential services and how?

A3. The employer [Treasury Board of Canada Secretariat (TBS)] has the exclusive right to designate essential positions to maintain the safety and security of the public in the event of a strike.

Determining whether or not a position is designated as essential is based on whether or not the position supports a government service, facility or activity that is, or will be, at any time, necessary for the safety or security of the public or a segment of the public.

Consult the Guidelines for Essential Services Designations for more information.

Q4. How did management select which positions to identify as essential within the same work unit?
A4. Management recognizes that multiple positions performing the same duties may exist in a work unit responsible for an essential service, but that in some cases, the entire unit does not need to be designated to support the essential service. In these cases, management was asked to consider the following principles when selecting essential position(s) in the work unit:

• avoid preferential treatment;
• use sound judgment;
• consider legal requirements such as providing bilingual services; and
• take into account operational requirements relating to the essential service.

Q5. Do positions designated as essential need to be reviewed at each new round of collective bargaining?

A5. Prior to each new round of collective bargaining, the employer (TBS) will complete a review of designated essential positions previously identified for that bargaining unit and provide the bargaining agent with any revisions, updates or changes to the list.

Q6. Once a position has been designated as essential, can the designation be changed or revoked?

A6. Yes. If the functions of a position evolve or change over time — for example, due to organizational restructuring, a change in service delivery or the creation/elimination of other positions — there may be a need to review the position to determine whether the designation is still warranted.

The employer (TBS) may designate a position or revoke a designation at any time as circumstances.

Consultations between TBS and bargaining agents
Q7. How is the union consulted on positions that have been designated as essential?

A7. Once the employer (TBS) has prepared a list of positions designated as essential in a bargaining unit, accompanied by the corresponding rationales, department and work location, a first designation notice is served to the bargaining agent. Following this first notice, the bargaining agent engages in a 60-day consultation period to provide feedback to the employer (TBS). After the 60-day consultation period ends, the employer (TBS) has 30 days to supply the bargaining agent with the final list of designated positions.

The employer (TBS) is responsible for representing all departments and agencies during consultations with bargaining agents.

Q8. Can members of the Local or National Union Executive Board or Shop Steward remain in designated positions?

A8. Whenever possible, management will take the necessary actions to avoid identifying a designated position occupied by a member of the Local or National Union Executive Board or Shop Steward.

Information for employees occupying essential services positions

Q9. What happens to an employee whose position is designated as essential?

A9. Once the employer (TBS) has supplied the bargaining agent with the final list of designated positions, departments and agencies must inform the employee by letter (hard copy or electronically) that the position he/she occupies has been determined to provide an essential service and that he/she is prohibited from participating in a strike. The employee will continue to pay union dues.

Q10. Which categories of employees will not receive the notification letter and will need to report to work during a labour dispute?

A10. The following categories of employees will not receive the notification letter and will need to report to work during a labour dispute:

– unrepresented employees [e.g. Executive Group (EX), Personnel Administration (PE)];
– excluded employees;
– term employees working under three months;
– casual employees;
– students; and
– part-time workers working less than one third of the regular hours.

Q11. What happens when an employee leaves the essential services position and is replaced by a new employee?

A11. As indicated in the notification letter, the notice is valid as long as the employee occupies the said position. Therefore, an appointed employee will be notified that he/she occupies an essential services position from the Labour Relations Director, Centre of Expertise, via the generic email address (NA-ServicesEssentiels_EssentialServices-GD).

Q12. Can employees occupying designated positions refuse to be designated?

A12. No. Management determined that the position was essential for the safety or security of the public. As a result, employees in designated positions must report to work and are prohibited from taking part in a strike. They must perform all duties of the position. However, they should not be asked to perform the duties of other positions