As we prepare for the next stages of collective bargaining, you may begin hearing more about an Essential Services Agreement (ESA).
An ESA can be part of the collective bargaining process when conciliation is the dispute resolution method selected. It identifies the positions that must continue performing specific duties during a strike because those duties are necessary for the safety or security of the public. It’s important for unionized workers to remember that an ESA is not intended to maintain all of the employer’s normal operations or prevent disruption during a strike.
Through their ESA committee, members will be able to lead the fight against unnecessary designations, using the knowledge of the work they do every day to defend their fundamental right to strike. This page explains what an ESA is, how the process works, your bargaining committee’s role, and what a designation could mean for you.
Discussing or establishing an ESA does not mean that a strike is imminent. It is a standard part of the bargaining process and must be negotiated and established if the employer requests it.
What is an Essential Services Agreement?
Under the Federal Public Sector Labour Relations Act (FPSLRA), an essential service is defined as a service, facility or activity of the Government of Canada that is necessary for the safety or security of the public, or a segment of the public.
An ESA identifies:
- the types of positions needed to ensure the safety and health of the public;
- the number of positions required;
- the specific positions that are considered necessary to provide those services.
In practical terms, an ESA determines which positions must continue performing work in the event of a legal strike. Essential does not simply mean that a job or service is important. Preventing a unionized worker from striking is a serious limitation on one of their most important fundamental rights, which is why your ESA committee will hold the employer to the highest standard throughout this process.
Why does the ESA matter to you and how can it affect bargaining?
An ESA is not just an administrative process. It is directly connected to collective bargaining your ability to exercise your collective rights.
If your position is identified in an ESA, you cannot participate in strike activity during working hours.
The more positions designated as “essential”, the fewer of us can legally participate in strike activity during working hours and the more work continues during a strike. This reduces our leverage at the bargaining table, which is why it is critical to hold the employer to the strictest definition of the safety and security of the public standard.
What is the process of deciding which positions will retain their right to strike during working hours?
The employer determines the level of service needed to ensure the safety and security of the public and then asserts that specific positions are necessary to provide this level of service. However, the employer does not simply provide your bargaining committee with a list that automatically becomes final. The ESA for each bargaining unit must be negotiated, and we can dispute whether a position is essential to perform the service.
Both parties are required to make every reasonable effort to negotiate an ESA. Your ESA committee will review the employer's proposals, raise concerns and challenge proposed designations that do not meet the requirements for essential services to protect the right to strike of as many of us as possible.
How does the process work?
The employer begins the process by notifying your collective bargaining committee if it believes positions are necessary to ensure the safety or security of the public during strike action.
An ESA committee comprised of members then reviews the proposed positions and may contact affected members, possibly including you, to better understand duties and how work is normally performed.
If the ESA committee and the employer cannot resolve all outstanding issues, either party may apply to the Federal Public Sector Labour Relations and Employment Board (FPSLREB), who can make a binding decision on unresolved matters.
We must have an ESA in place at least 30 days before we begin any job action, and the process has already begun.
What does it mean if my position is designated as essential?
If your position is identified in the final ESA as necessary to ensure the health and safety of the public, the employer must notify you. You would be required to perform that work during a strike.
If you are in a designated “essential” position, you will receive information from your bargaining committee about what this designation means and what is expected of you if strike action becomes possible.
If you have questions, reach out to your bargaining committee: here if you are an EC-ESS member, or here if you are a TR-TRL member.
Why are we talking about this now?
Understanding the ESA process early helps us know what’s at stake and how it can affect bargaining. All of us need clear information before proposed designations are finalized.
What do I need to do?
- Do not make assumptions about your status. Your work is important, but that does not in itself make your position necessary for the safety or security of the public. The best way to defend the important work we do and win better working conditions is to maintain as much as possible of our collective power to win those improvements at the bargaining table.
- Be ready to share information about your work. If your position appears on the employer's proposed list, your ESA committee may contact you for information about your duties and responsibilities.
- Ask questions. If anything about the process or your designation is unclear, contact your bargaining committee, here if you are an EC-ESS member, or here if you are a TR-TRL member.
- If your manager begins speaking about your work as being designated as “essential” before an ESA is in place, communicate with your Collective Bargaining Committee right away.
- Watch for updates. You will continue to receive updates as the ESA process and collective bargaining move forward.
