We have now received confirmation from the Public Service Labour Relations Board (PSLRB) on dates for the forced vote for the FB group. Voters’ packages will be sent out starting August 7th. Members will have a chance to cast their ballot electronically starting August 15, 2013. The voting will be open for a three week period: August 15, 2013 at 9:00 a.m. (EDT) to September 5, 2013 at 9:00 a.m. (EDT).
TREASURY BOARD HIDES DETAILS OF SETTLEMENT UNTIL AUGUST 16TH.
After more than three years without a new collective agreement, Correctional Services workers (CX) reached a negotiated settlement with Treasury Board. Details of the settlement are kept secret by both parties because Treasury Board insisted, as part of the agreement, that the details not be released until 5 PM August 16th, 2013.
To date, the FB group is the only one facing a forced vote on a Treasury Board final offer. Imposing a vote on an offer that has not been agreed to by a union’s elected bargaining team has never happened in the history of Federal Public Service.
We have now received confirmation from the Public Service Labour Relations Board that voting on the employer’s final offer will take place over the following three week period: August 15, 2013 at 9:00 a.m. (EDT) to September 5, 2013 at 9:00 a.m (EDT).
CBSA/TREASURY BOARD COMMUNICATION TO EMPLOYEES CONTAINS MISLEADING AND INACCURATE INFORMATION.
On Friday July 5th CBSA and Treasury Board contacted employees in the FB bargaining unit with information concerning the employer offer that the government is submitting to a forced vote. The information posted by the employer contains a number of misleading inaccuracies. For example:
• The employer’s communication states that the Public Interest Commission (PIC) recommended “NIL” in respect to the Bereavement Leave and Family-Related Responsibility Leave improvements proposed by PSAC. This is not accurate, as the recommendation does speak to the improvements proposed by the PSAC.
• The employer’s communication states that the PIC did not recommend the lump-sum arming payment being proposed by the employer for some employees. What management’s communication does not state is that the lump sum payment was never proposed to the PIC by the employer and therefore it cannot be included in the recommendation.
• The employer’s communication states that the PIC recommended “no change” with respect to seniority. This is not accurate. The PIC recommendation provides for seniority to determine line selection for all employees covered by a VSSA, and for vacation scheduling for all employees in the bargaining unit.
• The employer’s communication also speaks to the potential for the forced vote on management’s offer to take place during a strike. There is no strike imminent. In fact our essential services agreements have yet to be resolved, a vote by the membership has not taken place, nor is any vote being considered at this stage in the process. Both essential services agreements and a vote of the membership are required before a strike could be considered.
In response, PSAC National President has put CBSA President Luc Portelance on notice. Misleading and inaccurate information is unacceptable, and is a violation of labour law. If it is not taken down the PSAC will be taking legal action. For a copy of President Benson’s letter, or for more information, go to: http://bit.ly/18k9q0g
On June 7, 2013 the Minister of Heritage, James Moore, ordered that a vote on the employer’s final offer be imposed on the FB bargaining unit. Here are the top 10 reasons to vote no.
1. DANGEROUS PRECEDENT:
We must reject CBSA and Treasury Board’s heavy-handedness and complete disrespect for the collective bargaining process. To do otherwise would set a very dangerous precedent.
2. RESPECT & PRIDE:
We must take a stand and tell our employer that comparing our work to Security Guards is wrong. The Public Interest Commission (PIC) recommendation recognizes the important work that we do as law enforcement agency employees. We should be treated accordingly.
3. NON-UNIFORMED:
The Employer’s final offer does not address issues that we’ve raised concerning non-uniformed workers.
4. PROTECTION:
Unlike the PIC recommendation, CBSA’s latest final offer does not provide the same protections for employees being armed as those agreed to at the last round of negotiations.
5. PARITY:
In terms of salary increases, many other groups in the federal public service, including Parole Officers who work in the same department as we do, have been given more than what is in the CBSA offer.
6. WE DESERVE BETTER:
In terms of salary increases, no other bargaining unit in the federal public service has received less than what’s contained in CBSA’s final offer.
7. PART-TIMERS:
The Employer’s final offer does not address issues that we’ve raised concerning parttime workers, even though the PIC recommendation includes new rights for part-timers.
8. MEAL PERIOD:
The CBSA’s final offer does not provide for a pensionable paid meal period for union members. A paid meal period is the norm for virtually all law enforcement workers in this country,
including Correctional Officers and RCMP Constables who work for the same department as we do. The PIC recommendation opens the door for serious discussion on this issue.
9. EQUALITY:
The one-shot $2000 taxable arming ‘carrot’ is only applicable to some BSOs at armed ports.
10. RIGHTS:
The Labour Board recently indicated that the law provides for union access to CBSA workplaces, and the PIC recommendation also contains union access rights, yet CBSA’s latest final offer ignores both the PIC recommendation and the Labour Board in this regard.
We protect and defend our borders, we take pride in what we do. Vote NO, so that we can get back to the table and negotiate a fair contract.
The Professional Association of Foreign Service Officers (PAFSO) thought it was important to provide an update on recent developments about their members and inform other unions about the implications of PAFSO job action for members of the [EC / CO / LA / PM / AS / FB] bargaining unit.
RECENT DEVELOPMENTS
As you may know, PAFSO job action has now entered its fourth month. They are seeking wages equal to those of other federal government professionals performing similar or identical work within Canada. An outline of their key issues can be found at http://www.pafso.com/news_releases.php?newsID=151.
Since June 6, PAFSO has escalated its service withdrawals to encompass hundreds of employees in dozens of work locations in Canada and abroad. This follows a collapse of talks on June 5 during which the employer decided not to revise its pay offer, again presenting the same offer to PAFSO that had been on the table since negotiations began 20 months earlier. PAFSO was advised that this decision has been made at the highest political level.
As a result, PAFSO’s job action strategy is now aimed at disrupting all Cabinet-level international priorities and travel (including that of the Prime Minister) as well as visa and immigration processing at Canada’s major processing centres abroad. As of early July, the effects of this strike on Government business and the Canadian economy are increasingly severe and mounting. We understand that barring meaningful engagement by the Government at the negotiating table, it is PAFSO’s intention to continue to exert maximum pressure throughout the summer and into the fall if necessary.
WHAT THIS MEANS FOR YOU
Current job action by PAFSO has important implications for labour relations across the federal public service in the short and long term. We keen to ensure that our own union and our members provide as much support to PAFSO’s efforts as the law allows.
1. All members: We ask all [CAPE / PIPSC / AJC / CEIU / UNE / CIU] members to continue to show support for PAFSO members who are on strike and to respect the lawful job action process by not attempting to perform any of the duties of striking FS employees. If directed by your supervisor to do so, you should refer them to your department’s own Guide for Strike Preparation, which states clearly that “Employees in other bargaining units should not be asked to perform duties of employees on strike.” If your supervisor persists, please contact your [CAPE / PIPSC / AJC / CEIU / UNE / CIU] labour relations officer for guidance.
2. Members assigned to FS positions: Substantive members of [CAPE / PIPSC / AJC / CEIU / UNE / CIU] bargaining units currently assigned/acting in a FS position are deemed under the Public Service Labour Relations Act to be members of the FS bargaining unit for the duration of their assignment and are therefore eligible to participate in job action. (The Public Service Labour Relations Board confirmed in its 2004 Potter decision that “you are what you do” is the overriding principle in determining an employee’s bargaining unit.) We urge all such members to follow job action instructions from PAFSO. This is true even if your union dues are still being directed to [CAPE / PIPSC / AJC / CEIU / UNE / CIU]: there is often a lag within a department’s compensation services in updating membership lists (“check-off”) for unions and redirecting union dues appropriately, especially in departments with heavy rotationality like DFATD and CIC.
3. Members on short-term deployments doing FS work: Substantive members of [CAPE / PIPSC / AJC / CEIU / UNE / CIU] bargaining units on short-term deployment (“temporary duty”) at missions abroad to provide surge capacity during peak season are performing FS work and deemed to be members of the FS bargaining unit for the duration of the deployment – even though you are not assigned to a specific FS position. This applies especially to employees deployed to CIC visa processing centres (generally PM or FB group members). You are eligible to participate in job action and we urge you to follow PAFSO’s instructions. No matter what your manager may say, you can not be disciplined for participating in lawful job action by your bargaining unit at the time. Management is prohibited from using replacement workers from other unions to compensate for the absence of striking Foreign Service officers, and PAFSO has signaled its intention to pursue an unfair labour practice complaint in cases where managers seek to circumvent job action by obstructing unionized employees on short-term deployments from striking.
4. Members who withdraw services on PAFSO’s behalf: PAFSO has confirmed that they will reimburse 100% of net pay recovered by the employer as a result of your participation in service withdrawals – even if your salary scale (which is protected during your assignment to a FS position) exceeds FS rates of pay. Remember that, under law, the employer may only recover salary plus Foreign Service Directives (FSDs) 56 and 58, prorated to the exact number of days for which you withdrew service. This is confirmed in Treasury Board’s “Policy on Strikes” (http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12607). If you are on temporary duty and receiving FSD 8 (Short-Term Assignments outside Canada), the employer can not withhold accommodation, flight, or per diem costs.
In closing, the PAFSO wishes to thank all members for their continuing support and solidarity for our Foreign Service colleagues. Please contact your CIU labour relations officer should you have any questions concerning these or other implications of PAFSO job action for you and your work.
