The act aims to ensure the provision of essential health services in the event of a work stoppage. The law requires social partners to enter into an essential service contract allowing the employer to continue to provide these services in the event of a work stoppage. “essential service agreement,” an agreement that meets the requirements of Section 5. (Agreement on essential services) When an essential service agreement is denounced, Sections 6 and 7 apply to negotiations for a new essential service agreement. While a significant service agreement is in place, this bill provides for a new system to ensure that essential health care is provided in the event of a strike or lockout. An employer and a union that are parties to a collective agreement and do not have an essential service agreement must enter into negotiations on an essential service contract Conversely, tasks that are not deemed necessary for public safety are not considered essential. This is also the case for BSOs, in accordance with the PSLRB decision of 2009: Note that the above example applies only to BSOs – essential and non-essential tasks can and will vary depending on the position. However, in all cases, the standard is the same: obligations are considered essential when necessary for public safety. The employer sends an e-mail communication to members who consider tasks to be essential.
Where an employer and a union are unable to enter into an essential service agreement, one of the parties to the negotiations may request, by written notification to the other party, that the issues be referred to arbitration in accordance with this section. The parties may, by mutual agreement, appoint a single arbitrator or an arbitration body. The bill also amends the Essential Services Act, which will now apply only to essential government services and services to children and families. (b) the union may not authorize, explain or make a work stoppage of an essential service asset under this agreement; and the provisions of the Labour Relations Act that respect the appointment, powers, duties and decisions of arbitrators and arbitration tribunals apply, with the necessary amendments, to an arbitration procedure approved by this Act or by an essential service agreement. An overview of the proportion of organizations performing tasks deemed essential to public safety is shown in the figure above for each professional designation. For example, more than 90% of internal enforcement officers are considered essential tasks for public safety. This means that the vast majority of domestic enforcement officers will receive a notification from ESA. Here too, it is important to take into account the association for public safety. For example, the Public Service Alliance of Canada in 2009, PSLRB 155, clearly defines services that border guards consider necessary and therefore essential for public safety. This is: unlike the essential denominations that applied to an entire position, ESA identifies the services/tasks necessary for public safety. It is therefore possible to be in a position where none of your obligations or only certain obligations are considered essential. The arbitrator must, within 30 days of the date of the appointment or within a longer period of time at which the parties consent, issue an arbitral award regulating the terms of an essential service agreement between the parties.
Finally, with respect to strike activities, members who perform essential functions may not participate in strike activities while on duty, but may participate in their own time while on duty. In addition, members who are invited to perform non-essential tasks should challenge management in this direction and address their branch president.