Federal Court Cour federalc

 

Date: 20161222

Docket: T-1021-16

Ottawa, Ontario, December 22, 2016

PRESENT: The Honourable Mr. Justice O'Reilly

BETWEEN:

PUBLIC SERVICE ALLIANCE OF CANADA, ASSOCIATION OF JUSTICE
COUNSEL, CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES,
CANADIAN FEDERAL ASSOCIATION, CANADIAN MERCHANT
SERVICE GUILD, CANADIAN MILITARY COLLEGES FACULTY ASSOCIATION,
FEDERAL GOVERNMENT DOCKYARD CHARGEHANDS ASSOCIATION,
FEDERAL GOVERNMENT DOCKYARD TRADES AND LABOUR COUNCIL
(EAST), FEDERAL GOVERNMENT DOCKYARD TRADES AND LABOUR
COUNCIL (WEST), INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS LOCAL 2228, PROFESSIONAL ASSOCIATION OF FOREIGN SERVICE
OFFICERS, RESEARCH COUNCIL UNION, UNIFOR

Applicants

and

CANADA (TREASURY BOARD)
ReSpondent

9mm

UPON the consent of the parties;

THIS COURT ORDERS that:

1. Subject to the terms of this Order, this application for mandamus is adjourned sine
die.

2. The Respondent will work with the Applicant bargaining agents through the senior-
level Union Management Consultation Committee and its subcommittee
to resolve the pay administration issues that have arisen following the

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implementation of Phoenix. The UMCC will provide an open and transparent forum
for discussing the range of options available to address these issues;

Information sharing and communication with the Applicants? members shall be
undertaken through the UMCC, and any subcommittees established by the UMCC
and the existing terms of Reference of the sub-committee. The UMCC may
release reports and share information as it determines necessary for public
distribution. The Respondent may continue to present public technical or other
brie?ngs or to update employees, Parliament or other entities on the status of pay
administration issues, as necessary;

The Respondent will make Phoenix experts available to support the work of the
UMCC and any subcommittees established by the UMCC, which will determine the
extent and nature of the expertise required;

The Respondent will maintain a dedicated team of compensation advisors as long as
necessary to address any disruptions in income experienced by individuals who are
beginning disability, maternity or parental leave. The Respondent will take all
necessary steps to ensure that any such problems are resolved as quickly as possible.
The Respondent will discuss through the UMCC the possibility of establishing a
direct means of contact to ensure that individuals whose income is disrupted in these
circumstances can gain direct access to members of this dedicated team to have their
issues resolved;

The Respondent will ensure that individuals who are beginning disability, maternity
or parental leave will not be denied ?emergency replacement pay services? or
?priority pay? on the basis that they are on a period of leave;

Informed by the discussions at the UMCC, the Respondent will keep satellite pay
of?ces and call centres open for as long as the Respondent determines necessary to
resolve any ongoing pay administration issues;

The Respondent will continue its practice of not objecting on the basis of timeliness
to individual claims for compensation submitted by employees through the claims
process established for this purpose. Employees who pursue the individual claims
process will be informed in writing at the conclusion of that process that the
timelines for individual grievances in their respective collective agreements will
begin to run as of the date they are informed of the decision in the individual claims
process;

The Respondent will work to identify and resolve any problems with the remittance
of union dues to the Applicants through the UMCC. The Respondent will take steps
through the UMCC to ensure that the Applicants have as accurate information as

10.

11.

12.

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possible regarding whether the failure to receive dues from particular employees is
on account of the issues related to the pay administration system;

In the event that either of the parties wish to resume these proceedings, they can
contact the case management judge to arrange for any necessary steps in preparing
this application for hearing to be conducted on an expedited basis;

The Applicants shall be entitled to the costs related to the application, as agreed to by
the parties; and

The adjournment of this application is without prejudice to the determination of the
merits of the application.

arngs Reilly?
Judge