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Securing the Right to Strike: Important Essential Services Win for PIPSC

The Federal Court of Appeal has just confirmed that the essential service provisions in the Public Service Labour Relations Act are about identifying essential services to be performed during a strike, and not designating a whole position as essential as in the old regime. Essential services are those necessary for the safety or security of the public. The Institute won this fight before the Public Service Labour Relations Board in the context of arguing that an Essential Services Agreement must, where one party desires, contain a statement of the essential services to be performed. In order to ensure that only essential services are performed during a strike, we have to know what those services are. The government applied to the Federal Court of Appeal for a judicial review of the Board's decision. The FCA heard from the government and then proceeded to issue reasons from the bench. The Court confirmed that central issue was addressing to what extent individuals can strike and that the Board's reasoning on point was sound and consistent.

This is a big win for the Institute. It gives meaning and substance to the right to strike for members.

The Board's initial decision on point can be found at:
http://pslrb-crtfp.gc.ca/decisions/fulltext/2010-60_e.asp

 


Publish Date: 26-JAN-2011 02:54 PM