Second union files unfair labour complaint over new federal return-to-office mandate

The Jean Talon Building at Tunney's Pasture in Ottawa is seen in this undated photo.

A second federal union has filed a legal challenge to the federal government’s new return-to-office mandate for public servants, saying the government is “imposing significant workplace changes” in the middle of contract negotiations.

The Treasury Board of Canada Secretariat issued a new directive on Feb. 5, stating that, as of May 4, executives will be required to work onsite five days per week. All other federal employees in the core public service will need to be in the office a minimum of four days per week, as of July 6.

The Professional Institute of the Public Service of Canada (PIPSC) filed an unfair labour practice complaint with the Federal Public Sector Labour Relations and Employment Board on Thursday.

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“The complaint challenges the government’s decision to change terms and conditions of employment in the middle of negotiations — a move that directly affects thousands of PIPSC members and undermines the bargaining process,” the union said.

PIPSC says remote work and “modern workplace practices are central bargaining priorities” in contract talks with the government.

The union has also filed a policy grievance challenging the Office of the Chief Human Resources Officer’s “unilateral change to the Direction of Prescribed Presence in the Workplace.”

“The government is required to bargain in good faith,” PIPSC President Sean O’Reilly said in a statement.

“Imposing significant workplace changes in the middle of negotiations, without consultation, undermines that obligation and the rights of our members.”

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The union says the federal government presented “no evidence” to justify the expanded on-site requirements.

The Public Service Alliance of Canada (PSAC) said on Feb. 6 it had filed an unfair labour practice complaint with the Federal Public Service Labour Relations and Employment Board over the new in-office mandate.

“Employers cannot change the conditions of work while their workers are in bargaining,” PSAC said in a statement.

“These conditions of work include the ability for workers to work remotely. Negotiations are currently underway for the majority of federal public service workers who received this news yesterday, many who are negotiating for language on remote work.”

Concerns about return-to-office mandate

Several politicians have raised concerns about the federal government’s move to require public servants to be in the office four or five days a week.

Coun. Catherine Kitts is worried Ottawa’s transportation network can’t handle an influx of public servants.

“Workplace policies should align with the capacity of the transportation system that supports them,” Kitts said.

“Otherwise, the impact is felt not in boardrooms, but in kitchens, in lost family time, higher commuting costs, and longer days for residents.”

Carleton MP Bruce Fanjoy called on the government to reconsider the new return-to-office (RTO) mandate, saying it will “cost the government and citizens more.”

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“I believe Canada is better served by a hybrid model that balances a mix of in-office and remote work,” Fanjoy said in a statement posted to social media on Feb. 9.

“The right balance is flexible and depends on circumstances. Done well, a hybrid model reduces the cost of government and benefits workers and all Canadians.”

Kanata Liberal MP Jenna Sudds wants the federal government to show “meaningful flexibility” while implementing the policy.