Author Archives: Pierre St-Jacques

Clarifying Branch membership allocation rules

CIU National President Mark Weber sent the following memorandum to the CIU National Board of Directors on July 20, 2023, on behalf of the National Executive.

Members of the National Board of Directors,

The question of Branch membership allocation was recently brought to the attention of the CIU National Executive, in the context of members who physically work in a given geographical area under the jurisdiction of one Branch, but who report to an office located in a different geographical area under the jurisdiction of another Branch. After careful consideration of the matter, the CIU National Executive would like to offer the following additional guidance to clarify existing allocation rules.

The National Executive found that the question of Branch membership allocation mainly revolves around CIU Branch Rule 5.3 and CIU By-Law 7.5(2), which state:

Branch Rule 5.3 “As a general rule, the membership allocation shall be where the member physically In cases where the membership allocation is in question, the CIU National Executive shall decide where the member will be allocated in the best interest of the organization.”

By-Law 5(2) “[…] the CIU National Office shall remit to the Branch the dues portion accruing to the Branch based on calculation of members and Rands whose place of work is in the Branch’s jurisdiction.”

The question of where the work is performed, and therefore what constitutes the “place of work”, is central in allocating Branch membership. For most members, Branch allocation is straightforward, as they physically work in the same geographical area as the office they report to, often in the exact same location, and under the jurisdiction of the same union Branch.

However, where a member physically works in a given geographical area but reports to an office located in another geographical area, as per Branch Rule 5.3 the place of work must be considered to be where the member physically performs work, and not where they report to. In this case, the member should be allocated to the union Branch which has jurisdiction over the geographical area of the member’s physical place of work, both for representation and remittance of union dues.

This principle applies no matter the work arrangement. The determining factor in membership allocation is the physical location where work is being performed, not the location of the CBSA office/manager the member reports to. In cases where a member has a telework or hybrid work arrangement, Branch membership allocation is determined based on where the member physically works. If the member works from a CBSA office some of the time, the Branch representing that CBSA office is the branch that member belongs to. If the member works from home 100% of the time, the branch representing the nearest CBSA office where the member would report to is the branch that member belongs to. On the rare occasion where a member who works from home lives in an area serviced by one Branch, and the nearest physical CBSA office where the member would be expected to come into work is serviced by a different Branch, membership allocation will be based on the location of the CBSA office/satellite office.

Example

Under a telework arrangement, Bill lives in Southern British Columbia but reports to a CBSA office located in Toronto. Twice a week, Bill has to go to a physical CBSA workplace to perform some of his work. He does so at the nearest CBSA office, also located in Southern BC. Even though Bill ultimately reports to an office located in Toronto, he is a member of the Branch which has jurisdiction over the area where the work is being physically performed. In this case, this would be the CIU BC Southern Branch, and not the CIU Toronto Branch, as Bill lives and works in Southern British Columbia.

Past interpretation

It is important to note that the above is not a novel interpretation and echoes the principles set in a 2005 decision by then CEUDA National President Ron Moran.

Assignments and secondments

Members who are on assignment or on secondment for more than six months should be allocated to the CIU Branch servicing the location of the assignment or secondment, according to the same principles outlined above. In order to simplify the allocation process and to avoid unnecessary complications, Branch membership re-allocation will not be required for assignments or secondments under six months.

Other considerations

It is worth noting that the importance of assigning a member to the Branch servicing the area where a member physically works is not purely academic and has tangible, practical implications. From the point of view of union-related activities, it makes little sense for a member physically residing and working in City A to be allocated to a Branch whose jurisdiction is in City B, where both cities are hours apart, even if the member’s manager is in City B. The member residing in City A would attend rallies, picket lines and other union activities taking place in City A, overseen by the Branch whose jurisdiction is in City A. It is the Branch whose jurisdiction is in City A that would help the member should they require assistance. In the event of a strike, it is the same Branch that would pay their strike pay top-up. Why then should they be a member of another Branch, in City B or elsewhere?

Next steps

In light of the above, it is likely that Branch Presidents will want to review their local membership list. The CIU National Executive invites Branch Presidents to work together to ensure members are assigned to the proper Branch, based on the principles outlined previously. Any necessary change should be communicated to membership@ciu-sdi.ca. Should you have any questions, please contact the National Vice-President assigned to your Branch.

In solidarity, and on behalf the CIU National Executive,

Mark Weber
National President

PDF version of documents:

Public Service Health Care Plan: Transition Update

On July 1, 2023, the federal government implemented a transfer of the Public Service Health Care Plan (PSHCP) provider from Sun Life to Canada Life, resulting in changes for more than 1 million federal public service workers, retirees and their dependents. This change was initiated and operationalized by the employer, and it is the Employer’s obligation to make the transition as seamless as possible.

PSAC is aware of some challenges associated with enrollment into the new plan and has since been told that Canada Life has added additional staff in response to the spike in call volume, and we will continue to pressure the government to improve the process for members.

Remember to enroll

If you have not yet completed your positive enrolment and have incurred expenses, they can still be claimed, however, reimbursement will not proceed until the enrollment process is complete.

How to enroll

To qualify, members have to fill out their positive enrolment in one of two ways: online or by mail:

Online enrolment: Canada Life is sending an email to members who opted to receive electronic communications in their Sun Life PSHCP Member Services account. The email includes a link that is active for 30 days. After the 30-day period, Canada Life will send another email with a new link.
Enrolment by mail: Canada Life is sending a positive enrolment package in the mail for members who elected to receive paper-based communications from Sun Life. The package contains: a paper enrolment form, instructions on how to complete positive enrolment (including digitally), and a postage-paid return addressed envelope.

Once your enrolment is processed, members will receive a confirmation letter and a PSHCP benefit card.

This article was first posted on the PSAC website.

Treasury Board strike: Deadline for reporting scabbing activities

As communicated on June 9, 2023, CIU has established an Investigation Committee to look into allegations of members in non-essential positions who continued to work during the Treasury Board strike, earlier this spring. This Committee must report its findings to PSAC’s Alliance Executive Committee (AEC) no later than six months after the signature of the PA, EB, TC and SV collective agreements.

As the PA and TC agreements were signed on June 28, this means that the Committee must report its findings to the AEC by December 28, 2023. As a result, in order to provide the Committee with sufficient time to investigate complaints and issue a report, CIU will only accept allegations of scabbing activities until July 30, 2023, at 11:59 p.m. Eastern Time. Allegations received after the deadline will not be investigated.

Should you have witnessed or be aware of any CIU PA, EB, TC, or SV member who performed work during the strike (April 19-28, inclusively) while occupying a non-essential position, you may file an allegation to that effect by emailing us at complaints@ciu-sdi.ca using your personal email address (and not your CBSA email address), until July 30. Please include the relevant name(s), work location(s), witness(es) and date(s) along with a basic description of the incident(s), as well as your own contact information.

As per the PSAC Constitution, Section 25, Sub-Section (4), members found to have engaged in scabbing activities may be disciplined, which could include a suspension of membership and a “fine that equals the amount of daily remuneration earned by the members, multiplied by the number of days that the member crossed the picket line, performed work for the employer, or voluntarily performed struck work”.

National Indigenous People’s Day: Reconciliation requires ongoing commitment and action

On June 21, Canada’s unions are marking National Indigenous People’s Day by reaffirming our steadfast commitment to advancing reconciliation and justice for Indigenous peoples, within our communities and workplaces across the country. This includes continuing to demand urgent action from the federal government on reconciliation with First Nations, Inuit and Métis peoples.

“The impacts of Canada’s violent colonial history continue to be experienced by Indigenous peoples. Disproportionately high rates of violence against Indigenous women, girls and two-spirit peoples, persistent drinking water advisories on reserves, the over-representation of Indigenous children in the child welfare system and the same over-representation of Indigenous adults in the Canadian judicial system are all manifestations of colonial systems, which continue to cause serious harm to Indigenous peoples to this day. This is our collective shame as a nation and we must do absolutely everything in our power to address it,” said Bea Bruske, President of the Canadian Labour Congress.

At the CLC’s 30th Constitutional Convention last month, Indigenous delegates from across the country spoke powerfully about the pressing need for unions to play a more active role in reconciliation, as well as the need for stronger commitments and action from settler allies more broadly. Delegates came together to adopt an action plan on Indigenous justice: one that closes gaps in equity and advocates for improved socio-economic conditions for Indigenous workers and communities; increases awareness and education around Canada’s history and legacy of colonization and its ongoing inhumane impacts on First Nations, Métis and Inuit peoples; and advances Indigenous rights and justice both within and outside of the labour movement.

“We are dedicated to moving forward in partnership with Indigenous Peoples, in a spirit of reconciliation and striving for justice. We are committed to making substantive change in our workplaces, our communities and within the labour movement,” said Bruske.

The Truth and Reconciliation Commission’s (TRC) 94 Calls to Action, the Missing and Murdered Indigenous Women and Girls and Two Spirit People (MMIWG2S) Inquiry’s 231 Calls to Justice, and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) all uphold the rights of Indigenous peoples to maintain and protect their cultural heritage, as well as the responsibilities of government to integrate Indigenous rights and justice into its practices and policies. Canada’s unions will continue to fight to ensure the full implementation of all three.

There remains much work to be done: as of April 30, 2023, 37% of the 94 TRC Calls to Action were either stalled or not started, and to date, only two of the MMIWG2S Inquiry’s 231 calls have been completed. More than half haven’t even been started.

“Reconciliation requires immediate, concrete and sustained action from government. Inuit, Métis and First Nations peoples should not have to keep waiting for justice, especially when the path to achieving this has been so clearly laid out. Justice is long overdue,” said Lily Chang, Secretary-Treasurer of the CLC.

Canada’s unions continue to firmly support Indigenous communities’ demands for the federal government to:

End all short and long-term boil water advisories in First Nations communities and improve on-reserve infrastructure and reliable access to clean drinking water;
Complete all of the TRC Calls to Action and the Calls to Justice from the National Inquiry into Missing Murdered Indigenous Women Girls and Two Spirit People; and
Implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as the framework for reconciliation, and develop a strong national action plan, strategies, and other concrete measures to achieve the goals of the UNDRIP

This article was first posted on the CLC website.

FB bargaining: PSAC-CIU tables wage demands

Our FB Bargaining Team met with Canada Border Services Agency (CBSA) and Treasury Board June 13-16 to continue talks towards a new collective agreement. After conducting a comprehensive analysis of compensation and working conditions within the law enforcement community, we presented our wage demands.

We have proposed aligning our wage grid with that of the RCMP. Additionally, we have proposed that all employees in the bargaining unit be granted a paid meal period, as is the standard practice across the law enforcement community.

Furthermore, we are seeking improvements with respect to premiums and allowances to address ongoing workplace issues. This includes an increase to the dog handler allowance, and the introduction of a field coaching and plain-clothes allowance. Paid firearm practice time, an escort removal premium, and fitness allowances were also discussed, along with paid membership fees for hearings officers and range fees for armed officers.

Management has not yet responded to our wage proposals.

Team pushes back against technological changes that put our communities at risk

Our team once again pressed the employer to cease the unilateral changes being implemented under the Traveler Modernization Initiative. PSAC-CIU has already initiated legal action against CBSA regarding the changes to ArriveCan and E-Gate. This is union work and CBSA should be consulting appropriately with us.

We also reiterated our proposals regarding workplace harassment. The recent Public Service Employee Survey clearly indicates that CBSA is a toxic workplace where workers frequently experience harassment from management.

Our team suggested several dates for negotiations during the summer. However, the employer refused to bargain in July and August due to the Summer Action Plan. Why this should make it impossible for parties to meet is unclear, and we can only assume the employer is under the belief that our ten bargaining team members’ presence on the frontline is key in resolving CBSA’s inadequate staffing levels. In any case, it is shameful to see the Treasury Board once again needlessly delay the bargaining process.

Next steps

Throughout the summer, our bargaining team will be visiting worksites across Canada to gather input from members and provide face-to-face updates on the bargaining process. Stay tuned for further updates as these plans progress.

We return to the bargaining table in September.

Please be sure to keep your contact information up to date to receive all the latest updates about bargaining. If you have any questions, please contact your branch presidentor yourPSAC regional office.

Attachments: fb_pay_proposal_june_13-15_en_final.pdf

This article was first posted on the PSAC website.