TWO-TIER BARGAINING
Two-tier bargaining was an agenda item for the ESA working group for quite some time. Bargaining agent representatives first participated in this Working Group in March 2004. A bargaining agent representative (either PIPSC or PSAC or both) was present at all WG meetings from then until the two-tier guidance instrument was completed and endorsed by the WG in June 2004. The DM Sub-committee subsequently endorsed the guidance instrument June 25, 2004.
The UMAC should be aware of the minimalist approach that was taken within this document, which includes basic sections such as: introduction, legislative base, application, terminology, definition or limitations, references and inquiries. The WG believed and the DM Sub-committee concurred that the appropriate level of guidance was found in these documents, should such activities be pursued at department/agency levels.
1. Introduction
The new Act recognises the concept of two-tier bargaining. The concept permits the parties to utilise flexible approaches in negotiating collective agreements. The adoption of such approaches is voluntary and, thus, subject to the agreement of the Employer and the bargaining agent.
2. Legislative base
The Public Service Labour Relations Act (PSLRA, Section 110; add link), as promulgated by the Public Service Modernization Act (Bill C-25) contains a new provision that recognises the practice of two-tier bargaining. The parties to collective agreements have always had the ability to utilise this approach. The new provision serves to highlight the desirability of employing it in the bargaining process in order to focus on concerns specific to departments.
3. Application
These guidelines apply to departments and agencies listed under Schedules I and IV of the Financial Administration Act (add link) and for which Treasury Board is identified as the Employer.
4. Terminology
The definitions of various terms (e.g., bargaining agent, bargaining unit, board (PSLRB), employee, employer) used throughout these guidelines are found in the PSLRA (add link).
5. What is two-tier bargaining
The Employer and the bargaining agent negotiate the collective agreement and are the parties to the agreement. Two-tier bargaining is a mechanism that permits the Employer and the bargaining agent to focus on and tailor terms and conditions of the agreement to specific situations in a given department or departments. The Employer, as part of this process, may delegate to a department the authority to conduct the negotiations, if the bargaining agent has agreed to negotiate on that basis. In any case, the parties to the agreement remain as noted above.
5.1 Ground rules for embarking on a two-tier bargaining process
In that part of the Public Service for which Treasury Board is the Employer, the parties to any collective agreement are the Treasury Board and the bargaining agent representing the particular bargaining unit to which the agreement applies. (see the list of current bargaining agents in Annex A).
If the Employer and the bargaining agent agree to proceed in this fashion with respect to one or more issues or situations in relation to the negotiation of a collective agreement, the two parties, prior to entering into detailed discussions on the issues, will agree upon a protocol which will govern how the two-tier process is to work.
The protocol will specify who will represent the parties in that particular circumstance and define their respective roles, responsibilities and authorities. Protocols may vary depending on the issues and the situations for which a two-tier process is being proposed.
6. References
Public Service Modernization Act
Public Service Labour Relations Act
Financial Administration Act
7. Enquiries
Enquiries should be directed to departmental human resources officers who, in turn, may direct enquiries to the:
Collective Bargaining Division
Labour Relations and Compensation Operations Sector
Treasury Board Secretariat