FAQ: MDS Nordion bargaining

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 However, a collective agreement is no longer in effect in the event of a declared strike for the PSAC local or lockout. 

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.   

Conciliation starts on May 14th. Once conciliation concludes, a 21-day cool-off period will be triggered, after which the union and employer are in legal strike or lockout positions if a valid vote has been taken and three days notice has been served by either party. During the cool-off period, however, the parties could still attempt to reach a settlement. The same is true for any point thereafter. 

Under the legislation, a 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.  Any strike or lockout is subject to a 72-hour notice before any job action. 

The Regional Strategy Coordinating Committee (RSCC) coordinates all PSAC resources and activities in support of bargaining teams and in the event of a strike. 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 has the authority to call a strike under the PSAC Constitution.  

PSAC is committed to ensuring members are informed about and prepared for a possible strike. Strike training will be available soon for the members.  

In the past, we’ve been made aware that employers have encouraged PSAC members to continue working. This is a classic and often seen union-busting tactic that aims to undermine our efforts to secure a fair agreement for all workers — including wages that keep up with the rising cost of living and don’t force you to take a pay cut. 

Any member who works during the strike, including working remotely, betrays the entire bargaining unit. Crossing a picket line, whether in person or remotely, weakens our bargaining position and can cause the strike to last longer or result in a deal that’s less than workers deserve. It could also have long-term impacts on the working relationships between the coworkers who held the line and made sacrifices to get a good deal for everyone, and those who sided with the employer. 

Members who cross the picket line by performing work for the employer could face fines and suspension of membership privileges. PSAC’s Constitution outlines disciplinary action that can be taken against members, including “a fine that equals the amount of daily renumeration earned by the member, multiplied by the number of days that the member crossed the picket line, performed work for the employer, or voluntarily performed struck work.” 

If you notice a member who is not respecting the strike action, speak to them and make sure they are aware of the situation and expectations, and talk to them about what’s at stake. If your manager is encouraging you to cross the picket line, notify your union steward, local executive, or PSAC regional office immediately. When we work together, we apply maximum pressure on the employer, which can lead to a faster, more rewarding conclusion to the strike. 

Your employer is obligated to pay you for your last pay period worked before the strike. After that, the employer may suspend pay until the conclusion of the strike. 

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: $100 per day, for a maximum per calendar week of $500.  

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 members 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 $100 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.  

The company may choose to cancel your leave, even if it has already been approved 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 employer can terminate an acting position. You will continue in your acting position during the strike, unless otherwise instructed by the employer. If you decide to revert to your substantive position, you may be faced with disciplinary action, especially if the acting position belongs to another bargaining agent. 

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

An essential employee is one who occupies a position that has been designated as providing an “essential service.”  We are currently working with the Canada Industrial Relations Board (CIRB) to determine what positions are essential, which must be made prior to any strike action. 

Employees in essential positions cannot strike during their scheduled working hours, but they can support their co-workers before and after work, and during lunch breaks, by joining them on the picket line. 
 
Members in essential positions will receive a letter from Nordion to confirm this status. 

If you are in an essential position, you will be provided with a letter by the employer. The union will be provided with a list of essential members, so strike captains will know who needs to report to work. Essential employees can also show their letter to the picket captain (via tablet, smartphone, or printed copy). Those who are prohibited from bringing phones into the workplace should keep a printed copy of their official letter on hand. 
  
The picket line cannot impede essential workers from attending work.You are permitted and encouraged to join the picket line up until it is time to go into work, that includes before and after work and during lunch breaks. 
  
As an essential employee you are entitled to work under the frozen terms and conditions of employment in place when the notice to bargain was served. 

As an essential employee, you cannot legally withdraw your services from work. But you should not perform any of the work ordinarily performed by the people who are on the picket line. 

Ask for the order in writing and send it to your PSAC regional representative. 

As an essential employee, you are not permitted to participate in strike action during your scheduled working hours. However, you are allowed—and strongly encouraged—to join the picket line before and after your shift, as well as during your lunch breaks. Every member’s participation is critical. A successful strike requires full engagement from the membership. Your involvement strengthens the bargaining team’s leverage at the table and helps sustain the momentum needed to secure a fair collective agreement. 

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.   

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

Be visible, wear swag, speak about the negotiation in the workplace, support your team, attend events and stay aware of developments. 

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. 

To update your contact information, contact the PSAC Ottawa or Gatineau regional offices: 

OTTAWA REGIONAL OFFICE 

Main Line: 613-560-2560 

Email: psac-ncr-afpc-rcn@psac-afpc.com 

GATINEAU REGIONAL OFFICE 

Main Line: 819-777-4647 

Email: psac-ncr-afpc-rcn@psac-afpc.com 

Email: nordionlocal@gmail.com