The Superior Court’s June 6, 2018, decision which allowed UCCO-SACC-CSN to negotiate its pension plan and the endowment was overturned by the Court of Appeal a few days ago.
This is a disappointing decision, but it does not end our judicial process. There is no doubt that we will go all the way to defend our right to negotiate our pension plan and staffing-related matters. In the coming weeks, we will quickly begin the necessary steps to be heard by the Supreme Court of Canada.
The Superior Court’s decision found paragraph 113 (b) of the Federal Public Sector Labour Relations Act (FPSLRA) unconstitutional. This clause prohibited bargaining agents in the federal public service from properly negotiating the pension plan and staffing.
For its part, the Court of Appeal agrees with the Superior Court judge that paragraph 113 (b) significantly impairs the right to freedom of association by prohibiting the negotiation of these crucial subjects. However, unlike the trial judge she concludes that this major violation of our freedom of association is in fact constitutional.
Nevertheless, we still believe that section 113 of the FPSLRA must be declared unconstitutional. We will continue to defend our point of view and will take the time it takes to enforce our rights. As for our negotiations, particularly those relating to the pension plan, they will proceed as planned.
It is obvious that we will keep you informed of the next steps on this file. Stay tuned.