PSAC Case Study, HR1100, Fall 2019
The Public Service Alliance of Canada
Employer-Union
Relationships
Submitted By: Linda
Brown
Submitted To: Lynda
Burt
Submission Date:
November 10th, 2019
Industrial
Relations HN1100
Table of Contents
Who Are the PSAC?
The Public Service Alliance of
Canada is one of Canada’s largest unions representing over 200,000 federal
employees nationwide. Headquartered in Ottawa, the PSAC has 23 regional offices
across Canada (PSAC-AFPC, 2017) . This union strives
to build a society free from sexism, racism, homophobia, ableism, and all other
forms of discrimination. The PSAC serves to represent members where there are
unfair or unsafe labour practices, or when there are employer violations of
collective agreements.
The PSAC was founded in 1966 with
the merger of the Civil Federation of Canada and the Civil Service Association
of Canada (PSAC-AFPC, 2019) . Throughout its
history, it has been successful in diligently serving the best interests of its
members. From an assiduous success in a prolonged court battle against the
Canadian government, to continuously challenging policy and advocating for
reform, to current social justice initiatives served through its active social
media presence, The PSAC is a remarkable example of how unions act as mechanisms
through which social change can occur.
The Government of Canada as the Employer
The PSAC represents Canadian federal
employees in government departments, Crown corporations, museums, airports,
Aboriginal communities, and more. A list of employers from the PSAC website
includes familiar organizations such as Parks Canada Agency, the Royal Canadian
Mint, the Canada Post Corporation, The National Museum of Science and
Technology, Carleton University Postdoctoral Workers, Hard Rock Casino Workers,
and the Salvation Army, just to name a few (PSAC-AFPC, 2017) .
“The employer has extensive power
over an employee’s work… Therefore, it is important to have legal restraints to
prevent the employer from abusing this power (McQuarrie, 2015, p. 162) ,” It is especially
important for government employees to have strong representation via a union,
since governments hold a unique and influential position of power over
citizens. The PSAC acts in the best interest of union members to protect and
fight for the rights of employees both inside and outside the union.
The accomplishments of the PSAC have
greatly impacted the larger society by setting a precedence and demanding that
legislators, government officials, and employers behave proactively in terms of
human rights, anti-discrimination, and increasing the quality of life for
members and non-members.
Achievements
The PSAC has made
huge strides in the social justice and democratic advocacy that it undertakes.
This report details one major achievement of the PSAC, which is the pay equity
reparations of $5 billion to 120,000 mostly-female clerical workers in backpay
owed to them due to inequitable wages.
Equal Pay for Equal Work
On October 28th, 2019,
public service workers celebrated the 20th anniversary of an
enormous pay equity victory between the federal government versus the PSAC (PSAC-AFPC, 2019) . Approximately
190,000 union members, mostly women in “low-paying, clerical jobs (PSAC-AFPC, Oct) ”, were awarded a
settlement of $30,000 each following a lengthy court battle with the PC and
Liberal governments demanding increased wages for women.
The fight for pay equity officially
began in 1983 as a complaint against the government for violating its human
rights laws (“pay equity” had been enacted since 1976). Women were still making
less than 50% than men for work of
similar value[1].
The Progressive Conservative government at the time participated in a joint
union-management study on pay equity in the federal public services. The
findings proved a real wage gap existed, but government ignored the evidence
and retracted, even though they had been involved in the study.
It was a long battle as the PSAC
fought against the Canadian government for the rights of workers to have equal
pay for equal work. The PSAC filed a second human rights complaint that
extended to clerical workers in other female-dominated bargaining units, such
as “secretarial workers, hospital workers, librarians, education support staff,
and data processing employees (PSAC-AFPC, 2019) .”
There was a national strike in 1991
that led to government legislating an end to the strike and a collective
bargaining freeze, which remained intact through the Chretien Liberal
government until 1997. It was at this time the government ‘leaked’ an offer of
$1.3 billion via the Toronto Star (PSAC-AFPC, 2019) . While this may seem
like a lot of money, the union knew that accepting this settlement would
effectively be condoning the wage inequities the female workers had faced and
would not be fair reparation for the wages owed to female employees since the
equal pay equity was legislated back several decades prior. The union held
strong against the settlement offer while persistently pressing forward,
winning each court appearance.
On July 29th, 1998, the
Human Rights Tribunal issued the decision that PSAC members won. That decision
was appealed and heard in court three times in 1999. Finally, on October 19th,
1999, after years of diligent advocacy, negotiations, strikes, and fighting for
the rights of workers, Justice John Evans upheld the Tribunal’s decision,
marking the moment the PSAC officially won the repayments it demanded for its
members. The court mandated that 200,000 federal workers receive 13 years, or
$5 billion, in back-pay.
In 2019, we are still facing
challenges in terms of pay equity, especially in Newfoundland and Labrador. Women
are experiencing the highest wage gap in the country, averaging a shocking
$0.66 to the dollar of their male counterparts, compared to the national
average of $0.87 per dollar (PSAC-AFPC, 2019) . This amount is even lower for women at various
intersections, such as Indigenous, transgender, and disabled women (Wright, 2018) . This illuminates
the fact that, although we have come so far, there is still much to do as human
rights advocacy is a constant battle to work to improve the quality of work and
life for many Canadians.
Pay equity is just one of the PSAC’s
contributions toward an equitable industrial relationship. The following are
other important movements forward for the working class fueled and supported by
the PSAC:
∙
Paid
Maternity Leave and Health & Safety
|
∙
Strong
Sick-Leave Provisions
|
∙
Protections for Workers
with Disabilities
|
∙
Accommodations for Family
Obligations
|
Current Campaigns
LGBTQ2S+ Rights
Early LGBT Advocacy
THE PSAC has served as an ally and
resources for the LGBT members. Unions provided workers with a voice and
protection against discrimination, particularly during the 70s and 80s before
decriminalization of homosexuality. The core union principles of human rights,
anti-harassment, and protection from unfair labour practices served as an
avenue for victims of discrimination to fight for their right to a safe and
equal workplace. Steve Pellerin-Fowlie stated in a video interview, “It’s about
strengthening the collective for collective interest. The union is only as
strong as it’s members and its level of militancy; its willing to take
ownership of rights of collective agreements (PSACprairies, 2014) .” The union also
provided same-sex benefits and health care for its LGBT members.
Trans Inclusion
The PSAC has produced several public
service initiatives that aim to educate the population on transgender rights in
the workplace. Where human rights issues are central, the PSAC can be trusted
to have an initiative or awareness campaign to open start discussions, spread
education, and influence progress inside and outside of organizations. Trans
rights are a modern example of that. The gender binaries have been dismantled
and more people are opening up about their experience as a trans person. Online
social networks such as Tumblr and Reddit have given a voice, language, set of
principles, and guiding philosophies to many sub-culture movements. Where once
discrimination or segregation of trans people was socially acceptable and legal,
now human rights activists and allies are fighting against transphobia and
stepping up to bat for trans members. What was once accepted is now considered
a hate crime. Trans inclusion policy, anti-discrimination policies, and trans
education in the workplace are all ways the PSAC helps support their trans
members and provide them with equitable and safe workplaces.
Impact on Employer-Union Relations
Human rights initiatives are at the
core of union goals because the health and wellbeing of the employer-union
relationship depends on it. The Human Rights Act legislates that every worker
has the right to a safe and discrimination free workplace, regardless of
gender, race, sexual identity, or ability.
Employers need to be educated on the Human Rights Act behave in a manner
that promotes equity, fairness, strong ethical codes, and integrity. The
pressure and accountability that PSAC creates for government to respect these
codes is a significant operation of PSAC, as well as most other unions.
Indigenous Justice
Thirsty for Justice
The PSAC has an ongoing campaign to
fight for safe drinking water for Indigenous communities. Today in Canada, over
100 Indigenous communities do not have access to clean drinking water. They are
being poisoned with methylmercury, and the long-term health impacts are already
apparent, with increased cases of Alzheimer’s, multiple sclerosis, Parkinson’s
and cancers prevalent in those areas. The Canadian government has not treated
this as the humanitarian crisis that it is, and the PSAC has been working with
the community of Grassy Narrows to implement a large-scale public campaign to
raise awareness and fight for the rights of Indigenous communities’ access to
clean drinking water (PSAC-AFPC, 2019) .
Red Dress Campaign
The PSAC calls on
government for “informative, transparent and accountable communications
throughout the Missing Murdered Indigenous Women and Girls Inquiry” (PSAC-AFPC, 2018) . The union wishes to
address the disproportionate impact of violence and homicide against Indigenous
women and girls. Between 1980 and 2014, 1816 Indigenous women were murdered (PSAC-AFPC, 2018) . Raising awareness
and pressuring government to address important humanitarian concerns is a
central mission of the PSAC and it is through these efforts that affected
communities can begin to find justice.
Impact on Employer-Union Relations
Addressing the mistreatment of our Indigenous
communities should be a focus in any Canadian collective agreement. The PSAC
issued a Statement of Principles on Indigenous Peoples’ Rights.[2]
The PSAC “supports all Indigenous Peoples in their struggle for full
access to all human rights and fundamental freedoms. We strongly believe that
those freedoms include the right to preserve and strengthen their own
political, economic, legal, and cultural traditions and institutions (PSAC-AFPC, 2009) .” As such with other
protected groups, advancing the human rights of Indigenous members aligns with
the core mission of PSAC by advocating for marginalized communities and acting
as an ally, liaison, and representative to serve their professional, social,
and economical interests.
Child Care
The PSAC has a vision for Canada to
adopt universal, affordable and accessible child care that are educational,
culturally-relevant, and where workers earn decent wages and are supported to
provide quality care to our children. They want to mend our broken “patchwork
system” by addressing unregulated care, limited options, high fees, and low
wages for educators. This would be especially impactful for people with
disabilities, rural and Indigenous communities, and parents with non-standard
work schedules (PSAC-AFPC, 2014) .
Impact on Employer-Union Relations
Childcare is an important
consideration for employer-union relationships.
Family dynamics, sizes, and structures are changing, more women are in
the workforce, and the economy necessitates that all parents in a household
work. Providing access to quality childcare helps ease the stress and
financial burdens of childcare and allows employees to utilize their energy
and time more effectively. Organizations would be wise to invest in childcare
because it helps employees help them; it creates a mutually beneficial
situation where parents can be less stressed, happier, more productive, and
more invested in organizational success.
Personal Reflection
Unions can work effectively as
social mechanisms for change and reform. They work by helping members
dismantle, undo, and remedy any direct or systematic discrimination. They
provide intermediaries in which members can seek justice, equity, and fairness
in their workplaces. They put pressure on employers, governments, and
institutions to conduct business ethically, abiding by human rights laws, in a
way that helps progress and perpetuate change at organizational and societal
levels. They provide resources, education, and leadership to many working
groups and engage in continuous public service initiatives and awareness
campaigns with the core values of serving all members in an equitable and safe
way.
As a union of federal workers, the
PSAC holds Canadian government accountable, challenges governments on their
commitments to citizens, and operates not only for the betterment of the
members it serves, but to Canadian society. Many of the accomplishments awarded
in the public sector trickle over into the private sector and create large-scale
reform across unionized and non-unionized workforces. These unions raise the
standards of society, so that we can keep progressing and becoming stronger,
more economically viable, and happier citizens.
Many of the ambitions, principles,
and philosophies of the Public Service Alliance of Canada align with my own
personal and professional standards, visions, and desires. To have the
opportunity to engage with this union through a case study analysis has been
invaluable in terms of illuminating the vast, nation-wide network of
professionals who share my common beliefs, goals, and passions.
Works Cited
Fudge, J. (2000).
The Paradoxes of Pay Equity: Reflections on the Law and the Market in Bell
Canada and the Public Service Alliance of Canada. Canadian Journal of Women
& the Law, 313-344.
McQuarrie, F. A.
(2015). Industrial Relations in Canada 4th Edition. Toronto: Wiley.
PSAC-AFPC. (2009,
Oct 1). PSAC Statement of Principles on Indigenous Peoples' Rights.
Retrieved from Public Service Alliance of Canada:
http://psacunion.ca/psac-statement-principles-Indigenous-peoples
PSAC-AFPC. (2014,
Nov 13). A vision for universal childcare. Retrieved from YouTube:
https://www.youtube.com/watch?v=t0Q51UQcDgI
PSAC-AFPC. (2017,
Oct 18). About PSAC. Retrieved from YouTube:
https://www.youtube.com/watch?v=SNHf61mOkHU
PSAC-AFPC. (2018,
June 20). Red Dress Campaign. Retrieved from Public Service Alliance of
Canada: http://psacunion.ca/node/6867
PSAC-AFPC. (2019,
Oct 24). Equal pay for equal work value explained (c. 1980). Retrieved
from YouTube: https://www.youtube.com/watch?v=Sfmi66xKzs0&feature=emb_logo
PSAC-AFPC. (2019,
Oct 28). PSAC marks 20th anniversary of pay equity victory. Retrieved
from Public Service Alliance of Canada/ Alliance de la Fonction publique du
Canada: http://psacunion.ca/psac-marks-20th-anniversary-pay-equity-victory
PSAC-AFPC. (2019,
Aug 7). Public Service Alliance of Canada. Retrieved from Public
Service Alliance of Canada: http://psacunion.ca/
PSAC-AFPC. (2019).
Thirsty for Justice. Retrieved from Thirsty for Justice:
http://thirstyforjustice.ca/
PSAC-AFPC. (Oct,
23 2019). CBC News report on pay equity talks - 1977. Retrieved from
YouTube:
https://www.youtube.com/watch?time_continue=13&v=YLXXoKfm6ws&feature=emb_logo
PSACprairies.
(2014, May 20). A PROUD History for Human Rights. Retrieved from
YouTube: https://www.youtube.com/watch?v=A3zcFHKW2sg
Wright, J. (2018,
April 5). ‘ANOTHER DAY, ANOTHER 66 CENTS’: WOMEN IN NEWFOUNDLAND AND
LABRADOR MARK PAY EQUITY DAY. Retrieved from St. John's Status of Women
Council:
https://sjwomenscentre.ca/2018/04/05/another-day-another-66-cents-women-newfoundland-labrador-mark-pay-equity-day/
[1] At
the time, courts were comparing only across the same jobs. However, many men
did not work in the same jobs as women, so there was no standard of comparison.
There were rarely men seamstresses, for instance. The union suggested the
comparison instead be drawn across jobs of similar value, such as a parking lot
attendant should be able to compare his work to a telephone receptionist (PSAC-AFPC, 2019) .
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