On February 22, CIU and PSAC members rallied in Sault Ste. Marie in support of ongoing national bargaining efforts for members of the FB Group (Border Services). FB members have been without a contract for over 3.5 years, and on Friday they took their message to the CBSA office, and to Liberal MP Terry Sheehan – in person.
CIU National President Jean-Pierre Fortin met with union members in Winnipeg and Emerson, Manitoba, today, to answer questions and discuss the ongoing bargaining situation as well as important union matters. In total, the National President had the opportunity to update more than 50 members on the state of the bargaining process, with a focus on the importance of the stage we have reached in our negotiations with CBSA and Treasury Board. Jean-Pierre Fortin will also be meeting with members of other Branches in the coming days.
Pictured below: The National President meeting with members in Winnipeg.
With the possibility of a strike vote on the horizon, the Essential Services Agreement (ESA) requires some clarification. This is new territory for both the union and the members, with a first ESA in place since fall 2017 only. We are hoping that this information will help address questions you may have, and give a better idea of what is in store should a strike vote result in a strike being called.
As a starting point, please review the PSAC’s list of Frequently Asked Questions (FAQ) on essential services as ot addresses several important questions. Some of the information below reflects the FAQ.
Unlike essential designations that applied to a whole position, the ESA identifies services/duties that are necessary for the safety and security of the public. It is therefore possible to be in a position where none of your duties or where only some of your duties are deemed essential.
Again, it is important to note the association to the safety and security of the public. As an example, the PSLRB decision Public Service Alliance of Canada v. Treasury Board, 2009 PSLRB 155 clarifies which services performed by Border Services Officers are considered necessary for the safety of the public, and therefore essential. These are:
Conversely, duties not deemed necessary for the safety of the public are not considered essential. Again, for BSOs, according to the 2009 PSLRB decision, these are:
Note that the example above applies only to BSOs – essential and non-essential duties can and will vary depending on the specific position. In all cases, however, the standard is the same: Duties are considered essential if they are necessary for the safety and security of the public.
The employer will be issuing ESA notices by email to members performing duties deemed essential.
Please refer to the image above for an overview of the proportion of positions that perform tasks deemed essential for the safety and security of the public, for each job title. For example, more than 90% of Inland Enforcement Officer positions are considered to be performing duties essential to public safety. This means that the vast majority of Inland Enforcement Officers will receive an ESA notice.
Finally, in terms of strike activities, members performing essential tasks cannot participate in strike activities while on duty, but can participate while off-duty, on their own time. Furthermore, members asked to perform non-essential duties should challenge management on such direction and contact their Branch President. If members are ordered, they should follow the “work now, grieve later” rule. If this occurs, members should write down the date, time, manager’s name and the duties performed and provide this to a Union rep immediately. Similarly, if a supervisor asks members to perform the duties of an employee who is on strike, they should say no. If then ordered, they should work, then grieve.
More information will follow.
CIU/PSAC members rallied near the PAC Highway border crossing on February 14, calling on the government to show Border Services personnel some love, treat them as law enforcement, and give them a fair contract. These men and women have been without a contract for over three and a half years – they protect Canadians every day, and deserve fair treatment.
PSAC members from coast-to-coast-to-coast who are covered under four of the collective agreements with Treasury Board will be gathering in Ottawa, March 26-29, 2018 to elect bargaining teams and discuss proposals for the upcoming round of bargaining.
“PSAC’s number one priority is getting the best deal for our members,” said PSAC National President Robyn Benson. “We have a democratic process for prioritizing the proposals we bring to the bargaining table. The bargaining conference is a critical step in ensuring our members have their say.”
Over 100,000 federal public service workers are covered under the PA, TC, SV, and EB collective agreements.
How Treasury Board bargaining works
The current collective agreements for the four groups will all expire within the next six months:
PSAC will begin negotiating new collective agreements for all four groups shortly after the March bargaining conference. The chart below briefly outlines the complete process.
A version of this article was first published on the PSAC website.
