HISTORY IN THE MAKING PSAC works for GLBT rights! PSAC works for GLBT rights! PSAC works for GLBT rights! Outline Introduction Introduction PSAC is a proud ally in the struggle for The current, concerted attacks on unions the advancement of the human rights of undermine the struggle for human rights. 1 - PSAC leads the way in bargaining.....................................................4 gay and lesbian, bisexual and transgender Together, we can work to fend off such people in Canada. attacks by championing the many victories • No discrimination – sexual orientation we’ve gained for our members. • Same-sex spousal benefits Eradicating homophobia and transphobia • Spousal union leave in the workplace and bargaining and PSAC defends the human rights of all our • Gender identity lobbying for the full protection of our members, because We are ALL Affected by GLBT members’ human rights are ongoing discrimination and inequality. 2 - PSAC makes gains through the courts..............................................6 priorities for the PSAC. • Leaves of absence • Spousal benefits • Pension plan survivor benefits • Fighting homophobia 3 - PSAC mobilizes to change the law....................................................9 • The Canadian Human Rights Act • Equal benefits • Employment equity • Equal marriage • Gender identity and gender expression 4 - PSAC works in solidarity inside and outside Canada...................11 • Working with Pride across regions • Working with Pride in Québec • Working with our allies • Participating in international conferences • Solidary work through the PSAC Social Justice Fund 5 - PSAC promotes respect for GLBT members in our union...........15 • Recognizing the rights of GLBT members • Creating opportunities to participate in our union ISBN •••• •••••• •••••• Outline Introduction 2 • • 3 “spouse” (époux) will, when required, be interpreted to include “common- law partner,” except, for the purposes PSAC works for GLBT rights! of the Foreign Service Directives, the definition of “spouse” will remain as specified in Directive 2 of theForeign 1 - PSAC leads the way in bargaining Service Directives. The PSAC has also been successful in • No discrimination – sexual orientation refused, the union brought its proposal winning non-heterosexist language in to a conciliation board, but the board other collective agreements. For example, As early as 1980, PSAC sought to recommended against changing the in 1987 the union bargained with the have sexual orientation added to the definition. When a settlement could not Northwest Territories government to no discrimination clause in collective be reached in 1991, PSAC members held a expand the definition of common-law agreements. Treasury Board refused. national strike, but were legislated back to relationships to include same-sex spouses. work The same language was negotiated with In 1983 PSAC proposed a non-heterosexist the Yukon government in 1990. definition of common-law spouse that In 1994, Treasury Board responded to also negotiated successfully at several other would have included same-sex spouses, PSAC’s ongoing proposal for same-sex In the early 1990s, the PSAC ‘walked the airports. and a no discrimination clause that spousal benefits by suggesting that the talk’ by negotiating collective agreements included sexual orientation. Treasury Board Justice Minister prepare amendments to with its staff that specifically recognized In 2006, marriage leave was extended to rejected these demands. the Canadian Human Rights Act on this same-sex relationships. same-sex couples for all Canada Revenue issue. Agency bargaining units. When PSAC negotiated its first Master • Spousal union leave Agreement with Treasury Board in 1986, Finally, in 1998, the Program Administration • Gender identity sexual orientation was at last included as a (PA) collective agreement was amended PSAC reiterated its commitment to equality prohibited ground of discrimination (clause to provide for an inclusive definition of for lesbian and gay members by making The PSAC is on the cutting-edge in M-16). This was a fundamental step forward spouse that read: “common-law spouse”: the negotiation of spousal union leave a achieving rights for our transgender because it provided an avenue to demand a common-law spouse relationship exists priority. members, and has bargained for language basic human rights within the workplace. when, for a continuous period of at least on two relevant grounds of discrimination: one year, an employee has lived with a In 1998 the union negotiated spousal union gender identity and gender expression. The • Same-sex spousal benefits person publicly represented that person leave for gay and lesbian couples at the union has also made gains by bargaining to be his/her spouse and continues to live Museum of Sciences and Technology, the for access to safe washrooms and change During negotiations for the second Master with the person as if that person were his/ National Gallery, the Canadian Museum of rooms, and for the right to be referred to by Agreement, PSAC proposed to amend her spouse (conjoint de fait). Nature and at Canada Post. one’s chosen gender. the definition of spouse and to expand the preamble to the bereavement clause. All of PSAC’s agreements with Treasury Before the Marriage Act was amended in The addition of “gender identity” to anti- However, these benefits continued to Board now define common-law partner and 2005, PSAC negotiated spousal union leave discrimination clauses has been bargained be denied to same-sex spouses, despite spouse as follows: in several collective agreements, instead in three museums and related arts groups, in the fact that clause M-16 prohibited of or in addition to marriage leave. In one nine airport related bargaining units, in eight discrimination based on sexual orientation. example, the Regina Airport Authority of 16 units in the Yukon, and 21 of 29 units in “common-law partner” (conjoint agreement provided for five days of leave the Northwest Territories. Notably, the North In 1989, PSAC asked Treasury Board once de fait) means a person living in for anyone with one year of continuous West Territories was the first jurisdiction again to modify the definition of spouse, a conjugal relationship with an service “for the purpose of declaring in Canada to amend its human rights given the discriminatory nature of the employee for a continuous period of spousal union with another person in a legislation to prohibit discrimination based existing definition. When Treasury Board at least one (1) year.” public ceremony”. Similar provisions were on gender identity and gender expression. PSAC leads the way in bargaining PSAC leads the way in bargaining 4 • • 5 PSAC works for GLBT rights! 2 - PSAC makes gains through courts As of the late 1980s, the PSAC had filed members, as it was ruled that Canada a series of grievances against Treasury Post was obligated to provide spousal Board related to discriminatory collective benefits for same-sex partners without agreement provisions in areas such as discrimination. marriage leave and bereavement leave for common law in-laws, and provisions in the Despite the union’s success in the Lorenzen Public Service Health Care Plan and the and Guèvremont cases, Treasury Board Dental Plan. refused to budge, and contested all grievances pertaining to spousal benefits. • Leaves of absence In reaction, the PSAC National Board of Directors passed a resolution in 1994 In 1993, the PSAC successfully argued in calling for a grievance campaign against the David Lorenzen case that a member the denial of spousal leave requests and with a same-sex spouse should be the denial of claims under the Public provided spousal-related leave under the Service Health Care Plan. collective agreement. Lorenzen’s spouse had broken his leg, and need to be cared PSAC member Dale Akerstrom, whose for at home. Three weeks later, Lorenzen’s spouse was being denied Public Service partner’s father passed away. Lorenzen Health Care and Dental Plan benefits, requested both: family related care leave filed a complaint with the Canadian and bereavement leave for his father in law. Human Rights Tribunal in February 1993, Treasury Board turned down both requests alleging that the Canada Employment hearing the Akerstrom complaint made well as pensioners covered by the federal on the basis that Lorenzen’s partner was of and Immigration Commission (CEIC) and a comprehensive order for the employer medical insurance plan. It also applied to the same sex. The Public Service Labour Treasury Board discriminated against him to immediately cease and desist applying federally-regulated employers in the private Relations Board agreed with PSAC and on the grounds of sexual orientation, family any discriminatory definition of spouse or sector, such as banks, railways, airlines, and ruled in favour of both requests, setting a status and marital status.. any other discriminatory provision of the telecommunications companies. precedent for several other cases. collective agreement, and to interpret all Amidst all this, the Supreme Court of such definitions “so as to include same-sex Treasury Board continued to resist • Spousal benefits Canada ruled in 1995 that Section 15 common law spouses”. and proposed that a separate regime of the Canadian Charter of Rights and of benefits for same-sex partners be In 1993, Luc Guèvremont, a PSAC member Freedoms provided equality rights The Akerstrom ruling was of historic included alongside the heterosexual at Canada Post,