FAQ: BWXT Bargaining 

Your bargaining team met with the BWXT on September 18-20 and October 2527. Unfortunately, very little progress was made at the table, and we were forced to file for conciliation on October 30Despite resuming talks with the assistance of a federally appointed conciliation officer on December 7-8, no further progress has been made. 

All monetary proposals remain unresolved, as do many of our top issues, including: 

  • Protecting your rights related to hours of work; 
  • Limiting the company’s use of excessive overtime; 
  • Better working conditions for temporary employees; 
  • More transparency around your rights under the Canada Labour Code 

 Proposals that have been tabled with the company were previously emailed to members. 

The terms of any collective agreement continue to apply after they expire and until a new collective agreement is signed. However, a collective agreement is no longer in effect in the event of a strike or lockout.

Strike Votes

Securing a strong strike mandate gives your bargaining team the leverage needed to reach a fair and decent contract. It authorizes PSAC to call strike action, if needed, and shows the company members are willing to fight.  

Going on strike is never our first choice, and a strike vote doesn’t mean PSAC will automatically call a strike. A ‘yes’ vote means PSAC is authorized to call strike action as a possible escalation, when all other efforts fail to secure a deal.  

You must attend a strike vote information session to be eligible to vote. Information sessions and the strike vote will be held in person only. We will announce the information and strike vote sessions in advance.

All employees in the bargaining unit are eligible to participate in the strike vote, even if they are currently on leave, with or without pay. This includes parental leave, long-term disability leave, and sick leave.

A successful strike vote means that a simple majority (50% + 1) of members in your bargaining unit who cast a ballot and voted in favour of strike action.  

Possible Strike Action

We are scheduled to return to the bargaining table January 9-10, 2024. If we do not reach a settlement, legislation requires a 21-day cooling-off period. That means no strike could be called until January 31, 2024, at the earliest. However, during this period, the parties could still attempt to reach a settlement. 

Under the legislation, the positive strike vote is valid for 60 days, meaning a strike could be called any time after the cooling-off period, within the 60-day window.

The Regional Strategy Coordinating Committee (RSCC) coordinates all PSAC resources and activities in support of bargaining teams and in the event of a strike. A member of your bargaining team sits on this committee. The RSCC will weigh our strategic options and factor in whether negotiations are progressing before making a recommendation to the national president, who under the PSAC Constitution has the authority to call a strike.

PSAC is committed to ensuring members are informed about and prepared for a possible strike. We’ve launched strike training for all members so we’re ready for any possible outcome. 

Contact your local executive to sign up for the next strike training on January 6, 2024. 

Strikes by PSAC members in the past brought about major improvements that members enjoy today. When we work together, we apply maximum pressure on the company, which can lead to a shorter strike and a better collective agreement for workers. But when we’re divided, we show the company we aren’t prepared to fight for decent wages and better working conditions.

If you are part of a bargaining unit that’s on strike and haven’t been declared an essential worker, you should be striking. If you continue to work during a strike, you’re undermining the union’s position which could result in a longer strike or for the final deal to be less than we’re asking for.
  
When we work together, we apply maximum pressure on the company, which can lead to a faster, more rewarding conclusion to any possible strike. 

PSAC’s Constitution outlines disciplinary action that can be taken against members who cross the picket line. 

Strike Pay

Strike pay is governed by Regulation 6 in PSAC’s Constitution. Members are expected to provide a minimum of four hours of picket duty per day in support of the strike to qualify for strike pay.Members who usually work 20 hours or more each week will receive the following strike pay:$75 per day, for a maximum per calendar week of $375. 

In the event of a strike, PSAC will process strike pay weekly and distribute cheques to members on the picket line.

Strike pay is not considered taxable income by the Canada Revenue Agency. 

No. Union membership must be in good standing to receive strike pay. However, union cards will be available at all picket lines and rand members will immediately become eligible for strike pay once a card is signed.  
 
Rand members have not officially joined the union or registered with PSAC, but still pay automatic union dues in accordance with the Rand Formula, a labour relations decision handed down by Justice Ivan Rand of the Supreme Court of Canada in 1946. 

Your union has a lot of support systems in place to make sure you never go without pay while you’re on strike.

During a general strike, every member participating in the strike and joining picket lines will receive strike pay of $75 per day. This strike pay is tax-free. 

Leading up to a potential strike, we encourage members to create a financial plan. This could involve contacting your financial institution to discuss consolidating or renegotiating loans and to request interest relief for loans and mortgages during the period of the strike. This plan could also include building up emergency savings, buying food in bulk ahead of time and exploring other sources of income on a short-term basis. Check if your insurance on your credit card offers minimum payments in situations of strikes or lock outs.

PSAC also has a Strike Hardship Fund for members who are severely financially impacted by a strike or lockout lasting over two weeks. The fund offers financial assistance when other options have been exhausted. The Strike Hardship Fund is managed by PSAC nationally, with regions receiving and reviewing applications to make recommendations. Members may also be asked for additional supporting financial documents as part of their hardship claim.

The PSAC strike preparation training includes measures members can take to possibly mitigate the financial impact of a strike, as well as more information about the PSAC Hardship Fund.

The impact on the future pension for a member who participates in a strike is to push back — by the number of days on strike — the date on which the member completes the required years of service to qualify for a pension.

While the time participating in a strike cannot be bought back, it is not considered as a break in pensionable service for the purposes of calculating a member’s best five consecutive years of highest paid service.

If the company declines to maintain employee benefits during a strike, PSAC will arrange for a benefit plan to cover members throughout the strike

There is no impact on your seniority standing. 

Leave

The company may choose to cancel your leave, even if it has already been approved, either because your position was deemed essential or because no collective agreement is in force during a strike. 

Workers in the striking bargaining unit who are on sick leave or other leave with or without pay before the start of the strike should be permitted to continue leave, subject to providing evidence that they continue to meet the conditions for the granting of the leave.

Your entitlement to maternity or parental leave is established by legislation and therefore continues during the period of a strike.

Your entitlement to the salary top-up is established under the collective agreement and no collective agreement is active during a strike. The company could, therefore, choose not to pay the top-up. 

If you are on an acting assignment outside of the bargaining unit, you are not eligible to participate in the strike vote or take strike action

Only the company can terminate an acting position. You will continue in your acting position during the strike, unless otherwise instructed by the company. If you decide to revert to your substantive position, you may be faced with disciplinary action.

A strike does not constitute a break in service and will not impact your contract. If you are on a term with more than six months service, you are a union member and are covered by the collective agreement. Therefore, you are expected to honour the picket line, unless you are designated as an essential worker.

Essential Workers

An ESA is a written agreement between the PSAC and the company that certain work duties are essential to the safety and security of the public and must continue during a strike.Employees designated as essential are not able to participate fully during a strike because the removal of their essential duties could endanger the safety or security of the public.

While the company decides which functions should be deemed essential, the union can make arguments against how many members are required and what exact duties they will perform while working. Ultimately, the Canada Industrial Relations Board will rule on these differences. 

You will be notified if your position is deemed essential once we reach a strike position.

The Canada Labour Code defines an essential service as “the supply of services, operation of facilities or production of goods to the extent necessary to prevent an immediate and serious danger to the safety or health of the public.”

The company is responsible for notifying members in writing if they are in essential positions. If you do not receive a letter by the time a strike is declared, it is safe to assume you have not been designated essential.

If your supervisor asks you to perform the duties of an employee who is on strike, say no. Write down the date, time, manager’s name, and the duties requested/performed, and immediately provide this to your local union representative.

If you are ordered to perform non-essential duties, then you must comply, but follow the steps above and grieve. 

All workers who are deemed essential must identify themselves with the picket captain and follow their instructions before going to and from work. Essential workers should attend regular membership meetings where the strike captain will explain how they can support the strike (unless held during working hours).

While you can’t walk off the job or fail to perform your duties, you can support your colleagues in other ways. You can wear buttons in the workplace, volunteer for phone banks during off-work hours, and any other mobilization activity that doesn’t impact your work schedule.

Additionally, employees enjoy a protected right to engage in picketing activity during off-work hours. That means during unpaid breaks — if you are confident you won’t face delays in entering the workplace and can return to your essential duties on time as required — and before or after your shift when you are off duty.

Any penalization of employees, monetary or otherwise, because of their having exercised their lawful right to picket, will constitute a violation of the Canada Labour Code. PSAC can and will lodge a complaint with the Canada Industrial Relations Board regarding any interference, intimidation, and reprisal by managers.

Next Steps

We’re already organizing activities to show the company that we’re serious about getting a fair deal. Activities may start small but grow to bigger, high-visibility actions.

Some examples of workplace actions may include:  

  • Encouraging members to wear ‘Strike Alert’ stickers or display other mobilization materials in the workplace; 
  • Heavily advertising strike training in and around the office;  
  • Holding workplace membership meetings to inform and organize;  
  • Organizing large lunchtime rallies just outside the workplace or online. 

Members of Local 70368 recently rallied outside BWXT in Ottawa. Watch the short video clip PSAC NCR posted on TikTok, Instagram, and Facebook. Like, share, or comment to show your support and help raise awareness.

Consult your union bulletin board and be sure to check your personal email address to stay up to date on events and activities.

Getting involved and taking action are key as we push for a fair contract. Be prepared, get mobilized, stay engaged, and be ready to take action:  

  • Read our bargaining updates and familiarize yourself with the key issues   
  • Join the mobilization committee 
  • Attend mobilization events  
  • Get in touch with your union local to get involved  
  • Keep your contact information up to date 

To ensure you receive the latest strike information, it is essential we have your personal, non-work email address and personal cellphone number on file.

You can update your contact information online or by contacting your regional office directly.

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