Ottawa·Phoenix Falling

Hearing underway into public service pay problems

A labour tribunal hearing is underway into a union's argument that the federal government broke the law by not paying public servants accurately or on time due to the Phoenix pay system fiasco.

'We want [the board] to say yes, you're right, this is an unfair labour practice,' says union

Chris Aylward, national executive vice-president of the Public Service Alliance of Canada, is testifying at the hearings. (Ashley Burke/CBC)

A tribunal hearing is underway into a union's unfair labour practice complaint that argues the federal government broke the law by not paying public servants accurately or on time due to the Phoenix pay system fiasco.

Day three of testimonies continue in front of the Public Service Labour Relations Employment Board, starting with the associate assistant deputy minister responsible for Phoenix.

The Public Service Alliance of Canada filed the complaint last June against the Treasury Board at a time when the struggles of public servants dominated the news.

"For weeks on end, media reports have documented some of the most egregious cases," states the original complaint. "These include stories of members on disability who are not being paid accurately or PSAC members who work for the Coast Guard who have not been paid their salaries for weeks."

More than 80,000 public servants have been underpaid, overpaid, or not paid at all since the federal government's new Phoenix pay system rolled out in the new year. The government revealed last week it could cost an estimated $50 million to fix the problem — double the original estimated cost.

Union wants order issued 

The union's national executive vice-president, Chris Aylward, wants the Public Service Labour Relations and Employment Board to issue an order that forces the government to pay affected workers faster.

Aylward said that right now, public servants have to wait up anywhere from four to six days to receive an emergency advance. He wants more resources in individual government departments so that workers can receive a cheque in 24 to 48 hours.

We still need assurances that our members are going to get paid ... They can do more.- Chris Aylward, Public Service Alliance of Canada

"Within 24 hours is a reasonable time, not four or five business days," said Aylward. "That is not acceptable to us. So that's what we're hoping for.

"We still need assurances that our members are going to get paid and we don't have that assurance. So they can do more," he added.

Senior official responsible for Phoenix testifying 

Rosanna Di Paola, the associate assistant deputy minister responsible for the Phoenix pay system, continues her testimony today.

Rosanna Di Paola is the associate assistant deputy minister responsible for the federal government's Phoenix pay system. (Supplied)

PSAC's David Orfald spoke Monday about the history behind the union's role in the pay modernization project. Donna Lackie, national president of the Government Services Union, also spoke about the impact of Phoenix on workers at the Miramichi Pay Centre. 

On Tuesday, Aylward argued the Treasury Board violated the Public Service Labour Relations Act.

According to the act, the employer is not allowed to unilaterally change the terms and conditions of employment while it is in collective bargaining with the union," wrote PSAC in a press release on Sept. 9. "We believe that by failing to provide timely and accurate pay, the employer has broken the law."

It could take two to three months, or longer, for the board to make a decision after the hearing. The union will also be back at the bargaining table with Treasury Board next week.

Have a story to tell? Contact ashley.burke@cbc.ca.