News
31 July 2013 - PAFSO Files Bad-Faith Bargaining Complaint against the Government of Canada
In the wake of Treasury Board President Tony Clement’s refusal on July 26 to enter into binding arbitration to resolve its labour dispute with the Professional Association of Foreign Service Officers, PAFSO this morning filed a bad-faith bargaining complaint against the Government of Canada with the Public Service Labour Relations Board (PSLRB).
In its complaint, PAFSO asserts that the Treasury Board “knowingly and intentionally demanded conditions for binding arbitration that could not reasonably be accepted”. These conditions “would, if accepted, have pre-determined the arbitration decision” in Treasury Board’s favour. In doing so, the Government violated the duty to bargain in good faith prescribed by the Public Service Labour Relations Act.
In light of the severe and mounting losses this labour dispute is inflicting on the Canadian economy, PAFSO is asking the PSLRB to hear our case as quickly as possible. We are also asking the PSLRB to order both sides to enter into binding arbitration.
“Our 1,350 members are profoundly disappointed with the Government’s refusal to take the responsible way out of this dispute,” said PAFSO President Tim Edwards. “By rejecting our offer of arbitration, they seem intent on prolonging this strike – at enormous cost to Canadian tourism companies, educational institutions, airlines, and agricultural producers. Their course of action defies reason and common sense.”
“PAFSO has made every reasonable effort to resolve this situation, including accepting three of the six preconditions Minister Clement sought to impose on free arbitration,” said Mr. Edwards. “The Government has not done the same. We can only conclude that Treasury Board is acting with prejudicial intent toward Canada’s Foreign Service – behaviour that should be of serious concern to all Canadians. We are seeking judicial intervention to compel the Government to negotiate in good faith.”
PAFSO’s complaint was filed pursuant to Section 190(1)(b) of the Public Service Labour Relations Act (Failure to comply with Section 106: Duty to bargain in good faith). The PSLRB is an independent quasi-judicial tribunal responsible for administering collective bargaining and grievance adjudication in the federal public service and in Parliament.
For more information, contact media@pafso-apase.com.
