A Remote Work Led Union
As workplaces transition back to the office post-pandemic, conflicts over remote work policies are intensifying. A recent lawsuit by a Philadelphia union represents thousands of city employees highlights the growing tensions. The union is challenging a mandate for full-time, on-site work starting mid-June, arguing it was imposed without proper collective bargaining. Philadelphia’s mayor, Cherelle Parker, contends the policy does not fall under collective bargaining requirements.
This dispute echoes similar struggles in Canada. The federal government recently updated its remote work policy, mandating that public servants work at least three days a week in the office by mid-September, with executives required to be present four days a week. This new directive has sparked frustration among employees and unions, leading to significant pushback.
Unions such as the Canadian Association of Professional Employees (CAPE) and the Public Service Alliance of Canada (PSAC) have responded by withdrawing from consultations and filing grievances and complaints. Melanie Sutton, a labor lawyer, explains that in Canada, labor relations issues typically must follow administrative processes rather than court proceedings. The Federal Public Sector Labour Relations Act and the Canada Labour Code govern these processes, making court action limited to certain cases.
During the recent PSAC strike, unions negotiated protections for remote work, aiming to prevent arbitrary decisions and ensure case-by-case evaluations of telework requests. However, the government has clarified that the new remote work requirements are separate from collective agreements and not open to negotiation.
For unions, options include filing human rights complaints if members face undue hardship due to the new policies. Sutton notes that while unions can challenge the policy on human rights grounds, they must demonstrate specific harm to individuals. CAPE is working to make the new policy unenforceable and is building coalitions to address broader issues like housing and child care.
Professor Gilles LeVasseur suggests that while unions can argue policies were made in bad faith, they must use established grievance procedures. Although some cases might reach court, they generally involve ensuring that processes are followed rather than challenging the policy outright.
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