Debi Daviau, president of the Professional Institute of the Public Service of Canada. THE CANADIAN PRESS/Sean Kilpatrick

Federal unions want the Trudeau government to repeal Harper-era labour legislation that, they say, watered down collective bargaining rights and gave the government the power to unilaterally take away public servants’ sick leave.

“This is our biggest legislative priority, so we are hoping it’s done before election,” said Debi Daviau, president of the Professional Institute of the Public Service of Canada (PIPSC).

The Liberals and 18 unions have worked around the Harper government’s legislation for the past three years — including a round of collective bargaining — on the strength of mutual trust and an informal agreement.

But the unions are now turning up the pressure to ensure the two Tory laws are actually repealed before the election next October.

“In practice, we have not felt these bills, but from our perspective, it is an electoral promise not yet delivered upon,” said Isabelle Roy, PIPSC’s general counsel.

“If a different government came in and these were not repealed, they would be under no obligation to live under a gentleman’s agreement.”

The Liberals pledged to repeal the legislation as part of a broader election commitment to restore respect for public servants after a decade of Conservative rule.

Bill C-62 is now in the Senate, where the national finance committee will begin studying it this week. Treasury Board President Scott Brison is the first witness.

Chris Aylward, president of the Public Service Alliance of Canada, wants C-62 passed “without undue delay.”

“It restores important collective bargaining rights that had been taken away by the previous government,” he said. “We are looking forward to the Senate review being completed soon, so that the bill can become law and our members’ rights restored.”

The Conservatives drastically changed the ground rules for bargaining in the public service, first with the sweeping reforms of omnibus budget bill C-4 in 2013, followed by C-59.

C-59 gave the government the power to override employee contracts and impose a sick-leave deal aimed at eliminating public servants’ sick-leave banks, saving $1.5 billion over five years.

The Tories also reformed the Public Service Labour Relations Act in their 2013 budget bill, which completely changed the rules for collective bargaining that were in place for 50 years.

The unions argued the reforms give the government the ability to determine which unions get to strike and which ones go to arbitration to resolve contract disputes.

Under the old rules, unions decided whether they wanted to settle their disputes by arbitration or conciliation. With arbitration, an arbitrator can impose a settlement. With conciliation, a third party tries to resolve differences before a strike.

The Conservatives changed all that. The only bargaining units that could seek arbitration were those in which more than 80 per cent of the employees have been designated essential workers.

On top of that, the government was given the “exclusive” right to decide which workers were essential. The reforms also reduced the independence of arbitrators, who had to consider the government’s economic and budgetary priorities — as well as the ability to recruit and retain employees — as the “predominant factors” when proposing settlements to any impasses.

The unions filed constitutional challenges against both bills, but put them on hold with the Liberal government’s assurances that the legislation would be repealed.

If C-62 doesn’t pass in time, the unions could reactivate their court challenges.

While waiting for repeal, the government and unions worked around the Tory legislation.

The Liberals simply decided not to invoke the power to change public servants’ sick-leave benefits.

In collective bargaining, The Tory legislation allowed binding conciliation, and the parties agreed it would be used as arbitration had been under the old rules.

With this informal agreement, the last round of bargaining was conducted as though the old rules were in place. Brison extended the same informal arrangement for the bargaining that is now underway.

But Roy said the sick-leave law hangs like a “sword of Damocles” over the public service, because it can be invoked at any time.

The Liberals and unions have since agreed to develop new “wellness” programs to update sick-leave provisions. These could be upended by a new government if the law remains in place.

Unions hope the legislation will pass without any bumps or resistance. Roy said C-62 is not offering any “great strides” for federal unions. Rather, it’s returning the rules that were in existence for nearly 50 years before the Conservatives’ changes.