Strike Concerns for CAPE Members Regarding PSAC's SSO Group
October 22, 2003 With the possibility of a strike by members of the Statistical Survey Operations (SSO) Field Interviewers Group of the Public Service Alliance of Canada, members of CAPE have contacted the National Office expressing support for their union colleagues and concern for their rights and obligations during a strike. In response to these concerns the Association has recommended the following protocol, designed to protect your right and obligation to work, while remaining supportive of your striking co-workers.
Strike Protocol
Legal position and acting employees
1. CAPE members are not in a legal strike position, so you cannot refuse to work. Even if your substantive position is one for which PSAC is the bargaining agent, you will be expected to work if you are acting in a position for which CAPE is the bargaining agent. It is possible that your employer may suspend acting appointments during a period of labour unrest. In this case, while you retain your right to work, you are not obliged to do so, and you may join your striking colleagues.
2. If you refuse to cross the picket line and report to work, either as a matter of conscience or sympathy for PSAC members, you may be subject to disciplinary action from the employer. While CAPE will try to protect your interests, we cannot recommend such action.
Commonsense and respect
3. We ask that you show sympathy and respect to those people who are on strike. Please accept in a courteous manner any buttons, stickers or leaflets they are distributing. Remember they have a right to inform you. Please express your support, as the actions they take will lead ultimately to improved pay and working conditions in the public service.
4. It is in everyone's interest that the process of picketing be peaceful and orderly. Do not under any circumstances attempt to push through a picket line, as such action could jeopardize safety or lead to physical contact that is illegal. We suggest that you speak with the picketers or the individual strike captain managing the picket line and request permission to enter the building.
When safety is an issue
5. If you have any concern or feel in the least bit intimidated, we would ask that you call your supervisor, or other senior departmental manager, and request to be brought across the line. Be patient and wait. Remember that you will be paid if you report for work, even if you spend part of your work hours waiting for your supervisor . Management is responsible to bring you across the picket line if you believe that your safety is at risk or if you are being denied access. This also applies when you leave your office.
Supporting your colleagues
6. Please be proactive in support of your striking colleagues. CAPE locals are encouraged to supply coffee and refreshments to those on the picket line. As well, we would encourage members to march with their colleagues during lunch time and on their coffee breaks. Remember, you can only demonstrate your support in this manner on your own time, not the employer's.
What if I am ordered to do struck work?
7. Sometimes under the pressure of a strike your employer may request that you do the work of an employee on strike. You may not refuse such a direct order unless you believe it would be a threat to your safety and security. We suggest that you contact the CAPE National Office and speak to your Labour Relations Officer. You are only obligated to perform the duties of your own work description, so it may be appropriate to file a grievance.
Your Statistical Survey Operations Interviewer Colleagues
The Statistical Survey Operations Interviewers collect data for Statistics Canada. They are listed in Part II of the Public Service Staff Relations Act, under "Portions of the public service of Canada that are separate employers". They are comprised of two groups of employees - the Regional Offices Interviewers, and the Field Interviewers. The Regional Offices Interviewers are now in a legal strike position, and have already been out picketing. The Field Interviewers, who work from home, are now negotiating a first Collective Agreement. They could be in a legal strike position in November.
The Public Service Alliance of Canada is seeking parity for its SSO members with their counterparts working for the federal government. The wage gap is now over 35%. The current rate of pay ranges from $10.69 to $16.00 per hour, with most interviewers receiving the lower rate of pay.
Field Interviewers have some specific demands. They are asking compensation for the use of their home, office equipment and car. They also demand that the employer pay for the installation of a second phone line. This would allow their only phone line to be available for the use of their family or their own personal life. The employer also refuses to compensate them for the long hours they must be available. At this time, they must be available from 8 a.m. to 10 p.m., 7 days a week, in order to accommodate the respondents to their surveys.
Both groups have voted 90% in favour of strike action to back up their demands.
Management has already approached Statistics Canada employees working at Tunney’s, asking them to perform the duties and responsibilities of the SSO interviewers’ group.
Again, should the employer request that you do the work of an employee on strike, you may not refuse such a direct order unless you believe it would be a threat to your safety and security. We suggest that you contact the CAPE National Office and speak to your Labour Relations Officer. You are only obligated to perform the duties of your own work description, so it may be appropriate to file a grievance.
October 22, 2003 With the possibility of a strike by members of the Statistical Survey Operations (SSO) Field Interviewers Group of the Public Service Alliance of Canada, members of CAPE have contacted the National Office expressing support for their union colleagues and concern for their rights and obligations during a strike. In response to these concerns the Association has recommended the following protocol, designed to protect your right and obligation to work, while remaining supportive of your striking co-workers.
Strike Protocol
Legal position and acting employees
1. CAPE members are not in a legal strike position, so you cannot refuse to work. Even if your substantive position is one for which PSAC is the bargaining agent, you will be expected to work if you are acting in a position for which CAPE is the bargaining agent. It is possible that your employer may suspend acting appointments during a period of labour unrest. In this case, while you retain your right to work, you are not obliged to do so, and you may join your striking colleagues.
2. If you refuse to cross the picket line and report to work, either as a matter of conscience or sympathy for PSAC members, you may be subject to disciplinary action from the employer. While CAPE will try to protect your interests, we cannot recommend such action.
Commonsense and respect
3. We ask that you show sympathy and respect to those people who are on strike. Please accept in a courteous manner any buttons, stickers or leaflets they are distributing. Remember they have a right to inform you. Please express your support, as the actions they take will lead ultimately to improved pay and working conditions in the public service.
4. It is in everyone's interest that the process of picketing be peaceful and orderly. Do not under any circumstances attempt to push through a picket line, as such action could jeopardize safety or lead to physical contact that is illegal. We suggest that you speak with the picketers or the individual strike captain managing the picket line and request permission to enter the building.
When safety is an issue
5. If you have any concern or feel in the least bit intimidated, we would ask that you call your supervisor, or other senior departmental manager, and request to be brought across the line. Be patient and wait. Remember that you will be paid if you report for work, even if you spend part of your work hours waiting for your supervisor . Management is responsible to bring you across the picket line if you believe that your safety is at risk or if you are being denied access. This also applies when you leave your office.
Supporting your colleagues
6. Please be proactive in support of your striking colleagues. CAPE locals are encouraged to supply coffee and refreshments to those on the picket line. As well, we would encourage members to march with their colleagues during lunch time and on their coffee breaks. Remember, you can only demonstrate your support in this manner on your own time, not the employer's.
What if I am ordered to do struck work?
7. Sometimes under the pressure of a strike your employer may request that you do the work of an employee on strike. You may not refuse such a direct order unless you believe it would be a threat to your safety and security. We suggest that you contact the CAPE National Office and speak to your Labour Relations Officer. You are only obligated to perform the duties of your own work description, so it may be appropriate to file a grievance.
Your Statistical Survey Operations Interviewer Colleagues
The Statistical Survey Operations Interviewers collect data for Statistics Canada. They are listed in Part II of the Public Service Staff Relations Act, under "Portions of the public service of Canada that are separate employers". They are comprised of two groups of employees - the Regional Offices Interviewers, and the Field Interviewers. The Regional Offices Interviewers are now in a legal strike position, and have already been out picketing. The Field Interviewers, who work from home, are now negotiating a first Collective Agreement. They could be in a legal strike position in November.
The Public Service Alliance of Canada is seeking parity for its SSO members with their counterparts working for the federal government. The wage gap is now over 35%. The current rate of pay ranges from $10.69 to $16.00 per hour, with most interviewers receiving the lower rate of pay.
Field Interviewers have some specific demands. They are asking compensation for the use of their home, office equipment and car. They also demand that the employer pay for the installation of a second phone line. This would allow their only phone line to be available for the use of their family or their own personal life. The employer also refuses to compensate them for the long hours they must be available. At this time, they must be available from 8 a.m. to 10 p.m., 7 days a week, in order to accommodate the respondents to their surveys.
Both groups have voted 90% in favour of strike action to back up their demands.
Management has already approached Statistics Canada employees working at Tunney’s, asking them to perform the duties and responsibilities of the SSO interviewers’ group.
Again, should the employer request that you do the work of an employee on strike, you may not refuse such a direct order unless you believe it would be a threat to your safety and security. We suggest that you contact the CAPE National Office and speak to your Labour Relations Officer. You are only obligated to perform the duties of your own work description, so it may be appropriate to file a grievance.