Pei Civil Service Collective Agreement

Bill 43 – First Contract Arbitration Procedure A law amending the Labour Act came to first reading on June 25, 2020. The proposed amendments are important in that they introduce an initial contract arbitration procedure, i.e. disputes that arise before the signing of a first collective agreement. The collective agreement provides a solid foundation for employer-worker relations. The parties will leave the negotiation process with understanding of the terms of the agreement and the expectations of the other party. With an overview of the industry in which the parties collectively participate, the parties themselves are in the best position to decide the terms of the agreement and what they are prepared to do to achieve it. The first contract arbitration procedure allows the parties, in the course of an unsuccessful negotiation, to ask the employment agency to lead the settlement of a first collective agreement. In the event that a dispute over the conclusion of a first collective agreement has not been resolved, the parties to the dispute may seek assistance in the settlement of the terms of the first collective agreement.5 Prior to the introduction of this legislation, Insulanians could only have access to two forms of leave – four (4) days of unpaid leave, plus one (1) day of paid leave or three (3) days of leave. In addition, these two types of leave were only available to workers with at least five years of seniority with their employer. The introduction of a first arbitration procedure in collective agreements discourages cooperation from developing constructive collective bargaining. . When an emergency is declared (as redefined and described above in the law), it applies to a member of the worker`s family in which:2 “family members” are defined for a worker as members of their immediate or extended family, including a niece, nephew, adoptive parent, commune or person whom the worker considers to be one of the above categories.1 Custody should be requested from a worker (1) if the worker child care services are not available because of public health guidelines and (2) if so, if the worker is the only person reasonably able to provide the necessary child care.

Bill 38 – Emergency leave is now available for workers on Prince Edward Island who cannot work because of COVID-19. Legislation amending the Employment Standards Act (No. 3) was granted royal approval on June 18, 2020 and came into effect retroactively to March 16, 2020. A union that focuses on the first contract arbitration procedure has little incentive to compromise before conciliation. From the employer`s point of view, participation in arbitration is a risk, since a foreigner decides the terms of the employment without knowledge of the organization. Emergency leave is available to any worker who does not have child care where there is a public health directive on schools or child care that has a direct impact on a worker`s ability to receive child care, and the worker is the only person reasonably able to provide the necessary care. If both conditions are not met, the employee cannot benefit from this emergency leave. 1 ibid., see 22.5 (1) (b) 2 Ibid., 22.5 (2) 3 Ibid., p. 22.5 (4) 4 Ibid., S.P.E.I. 2020, c.

42, p. 22.5 (8) 5 Labour Act R.S.P.E.I. 1988, Cpl. L-1, see 34.2 a) The worker is isolated or quarantined or subject to control, including self-isolation, if such action was taken by the Chief Public Health Officer for a disease under the Public Health Act.

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