PRESS RELEASE April 25, 2014 For Immediate Release
Yukon Government lays off Engineering Surveyors in a blatant bid to privatize Engineering Surveyor jobs Government of Yukon’s Department of Community Services has issued a Request for Proposals entitled “Engineering Survey Services – Whistle Bend Subdivision, City of Whitehorse, Yukon 2014”, closing May 7th 2014. The RFP states “Engineering survey services will be required within the Whistle Bend Subdivision, beginning in May 2014. These services will be required in Phases 1& 2 of the development, and possibly in Phase 3. The RFP schedule lists work required from May 12th through November 15th. Four Surveyors, seasonal auxiliary employees of YG were due to be recalled to service in the spring of 2014. Instead, they were advised that due to a shortage of work, their positions had been abolished and they were laid off. Yukon Employees’ Union has had communication with the Public Service Commission on behalf of these laid off employees. We were advised that the work had been discontinued. We were advised categorically that the government had no intention to contract out this work in future. In fact we were promised that should a future need arise for this work, anticipated to occur only in rare circumstances, then the work would likely result in potential casual hires. Information obtained through ATIPP has proven that private interests lobbied Community Services for access to the survey work outlined in the RFP and that the Deputy Minister of Community Services moved to privatize the surveying jobs in question. As a concession, the laid off Surveyors were offered Priority Callback Layoff status meaning that they would be first hired “should a position for which they are qualified” become available. The government declined to extend the duration of this priority status beyond the season. It is clear the Government of Yukon and the Department of Community Services have chosen to disregard its contractual obligation as outlined in article 7.01.1 of the current Collective Agreement which states that “no employee shall lose their job as a result of work being contracted out”. Interestingly, the RFP states quite clearly that “the Yukon Fair Wage Schedule does not apply to this tender”. It seems apparent this is a response to lobby efforts by the private sector. Yukon Employees’ Union demands that the Public Service Commission immediately reinstate the employment of these four workers and act immediately to cancel Tender No. 2014/15-951. Steve Geick President, Yukon Employees` Union Office: 867-667-2331 cell: 867-335-2631
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BACKGROUNDER 1. Yukon Public Service Act *PART 10 LAY-OFFS Recommendation to lay off 151 A deputy head may recommend to the commission that an employee be laid off whenever the deputy head considers it necessary because of (a) a shortage of work; (b) insufficient appropriated funds; (c) the abolition of a position; or (d) changes in the organization of the department. S.Y. 2002, c.183, s.151 Competition 153 A lay-off is entitled for a period of 12 months after receiving notice of lay-off under section 170, to enter any competition for which they would have been eligible had they not been laid off. S.Y. 2002, c.183, s.153. Consideration for appointment 154 Despite anything in this Act, a lay-off shall be considered for appointment to a position for which they are qualified which has the same or lower maximum rate of pay as the position held by them at the time they were laid off, in priority to all other qualified candidates and in priority to all other employees who became lay-offs at an earlier time. S.Y. 2002, c.183, s.154
2. Collective Agreement between Public Service Alliance of Canada and the Government of Yukon *ARTICLE 7 JOB SECURITY 7.01 (1) During the life of this Agreement, the Employer will make every reasonable effort to provide continued employment for regular indeterminate employees. Should a re-organization occur, every reasonable effort will be made to provide alternate employment opportunities at the affected regular employees' equivalent classification level within the same geographic region. The Employer will also provide retraining as an alternative to lay-off when a vacancy exists and the regular employee can demonstrate an aptitude to meet the new job requirements within a reasonable period of time. (2) The Employer further agrees that during the life of this Agreement regular indeterminate and seasonal employees will not be laid off, or have their hours reduced, as a result of the Employer contracting out work. 3. Links: http://www.gov.yk.ca/legislation/acts/puse_c.pdf (Yukon Public Service Act) https://apps.gov.yk.ca/prod/tms/f?p=141:50:0:VIEW_TENDER:NO:50:P50_TENDER_ID,LAST_PAGE:951,1 (Tender No. 2014/15-951 as noted in Press Release) http://bit.ly/YG-YEU2015CBA Collective Agreement between Public Service Alliance of Canada and the Government of Yukon Effective January 1, 2013 to December 31, 2015