Ruling: Treasury Board acts in bad faith by delaying dental care talks

James Eaton

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A recent decision by the Federal General public Sector Labour Relations and Employment Board has determined that the federal govt failed to act in fantastic faith by refusing to shift ahead with negotiating a new dental treatment program with the Community Services Alliance of Canada.

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For additional than a 12 months, PSAC has been functioning to get again to the table to go over a new dental prepare for much more than 185,000 federal general public service employees, but claims it has confronted constant roadblocks and delays from federal government.

“It is unreasonable for the employer to proceed to stall although they supply customers wages significantly beneath inflation at the bargaining table whilst at the dental table they refuse to even demonstrate up,” PSAC said in a information release on Thursday.

In June, PSAC filed an unfair labour exercise criticism against the Treasury Board of Canada Secretariat, arguing that the federal government violated a segment of the Federal General public Sector Labour Relations Act outlining that functions have the obligation to discount in very good faith.

A January file photo of the Treasury Board of Canada Secretariat headquarters on Elgin Street in Ottawa.
A January file image of the Treasury Board of Canada Secretariat headquarters on Elgin Road in Ottawa. Photograph by Tony Caldwell /POSTMEDIA

The criticism was produced nearly 6 months following the union knowledgeable Treasury Board that it wished to start negotiations about the dental plan. The govt had stated in May 2022 that it desired to hold off talks in buy to comprehensive a analyze of its other dental strategies, and it declined to set dates for negotiations.

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“After surveying customers, obtaining thousands of responses, and planning a package deal of proposals, PSAC has been pushing the government to come to the table to commence negotiations for the dental plan,” PSAC mentioned in a information release in August. “However, Treasury Board carries on to hold off talks to handle the significant troubles our users have identified with their recent system.”

Although the federal government attempted to have the grievance dismissed, arguing that the dental strategy existed outside the house the collective bargaining approach, the complaint went ahead and was heard by an adjudicator in January. The board issued its last decision on March 31.

“I have located that the employer violated s. 106 of the Act by not agreeing to begin negotiations for the renewal of the Dental Prepare for the reason that it insisted on starting and completing a benchmarking analyze initial,” David Orfald of the Federal General public Sector Labour Relations and Work Board wrote in his choice. “Because the get-togethers have not been capable to commence negotiations, they have not been equipped to interact in the rational dialogue they need to full the renewal of the prepare.”

Shifting ahead, Orfald wrote that he encouraged a declaration of the violation and inspired the functions to start off negotiations on the dental approach.

PSAC stated it prepared to operate to established dates for talks.

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