On January 15, 2018, CAPE filed an “unfair labour practice complaint” to the Federal Public Service Staff Relations and Employment Board (FPSLREB) alleging that the Treasury Board had failed to implement the EC and TR retro payments within the 150-day implementation deadline of October 21, 2017. The root cause of the problem has been attributed to the failures of the Phoenix payment system.
The FPSLREB eventually issued a preliminary order on September 4, 2019. (Original Letter)
The respondent, Treasury Board, admitted to violating section 117 of the Public Service Staff Relations Act by failing to comply with the implementation timelines. With this admission, CAPE will be seeking damages for continued violation of the EC and TR members’ entitlement to retro pay. The FPSLREB will case manage the complaint and remain seized of the matter to determine whether the violation at hand constitutes an unfair labour practice and to identify the appropriate remedy.
Late September, CAPE and the Treasury Board participated in a conference call with the FPSLREB adjudicator assigned to deal with and implement the various orders issued in the preliminary order. Treasury Board has provided an update on the implementation of the retro payments to the EC and TR group, however the reduction rates of implementation were not acceptable to CAPE.
The parties will meet again in October, November and December 2019, to provide progress reports on the implementation of the retro payments with a view to expedite and resolve all outstanding matters and resolution in this matter.
What members could gain:
1) More expeditious implementation of outstanding retro payment owed to the ECs and TRs. As of October 11, 2019, the number of paid and resolved EC retro files has already significantly increased. Yet, more work is required to achieve the same result for TR files.
2) Financial damages could be awarded if the FPSLREB finds that the violation of section 117 qualifies as an unfair labour practice and can be applied as appropriate remedy. Other types of damages could be sought. To be determined.
