Author Archives: Pierre St-Jacques

FB group: Tentative agreement reached with CBSA/Treasury Board

After more than three years without a contract and unprecedented mobilization by FB members across Canada, the PSAC-CIU bargaining team reached a tentative agreement with Treasury Board and CBSA late Friday, August 6 following a 36-hour, round-the-clock, marathon negotiation session.

There are no concessions in the new tentative agreement. The improvements achieved are the product of the hard work and dedication of both the FB bargaining team and members throughout this round of bargaining.

A full explanation of the new agreement, and a copy of the new language, will be provided over the coming weeks once it has been fully translated. PSAC-CIU’s bargaining team unanimously recommends ratification of the new agreement. If ratified, the settlement will improve FB members’ working conditions in several important ways.

HIGHLIGHTS OF THE TENTATIVE AGREEMENT

Pay and Allowances

Wage settlement details

The total compensation for all FB group members amounts to a minimum compounded increase of 8.08% over the collective agreement’s four-year term. All wage increases are retroactive.

  • Effective June 21, 2018 – increase to rates of pay: 2.8%
  • Effective June 21, 2019 – increase to rates of pay: 2.2%
  • Effective June 21, 2020 – increase to rates of pay: 1.35%
  • Effective June 21, 2021 – increase to rates of pay: 1.5%

Uniformed member meal period allowance

After years of seeking parity with other uniformed law enforcement personnel, and three Public Interest Commission (PIC) recommendations, the team has finally achieved compensation for meal periods for uniformed members of our group.

A new, pensionable, annual meal period allowance of $5,000 will be paid to all uniformed CBSA employees. This means the agreement, including the allowance, provides for an overall pensionable increase over four years of:

  • 15.07% at the top rate FB-2
  • 14.14% at the top rate FB-3
  • 13.86% at the top rate FB-4
  • 13.38% at the top rate FB-5

Lump sum payout for non-uniformed members

  • All non-uniformed employees will receive a lump sum payment of $1,000.

Implementation payment

All members of the FB bargaining unit will receive a $500 lump sum payment for late implementation in the last round of negotiations.

There will be a six-month delay in the implementation of new allowances that will be compensated with a lump-sum payment of an equal value.

Pension (25-Out)

In conjunction with the settlement, Treasury Board provided a written commitment to PSAC to resubmit the FB group’s proposal to introduce legislative amendments providing enhanced early retirement benefits under the public service pension plan, and to facilitate an expedited opportunity to bring forward its related business case to the Public Service Pension Advisory Committee.

Discipline

CBSA has committed in writing that all employees have the right to union representation in PSI investigation meetings and provided new protections in the context of employees placed on investigatory suspension.

Grievance procedure

A streamlined grievance procedure, with a reduction in the grievance process from four levels to three levels, which will reduce the time taken to hear grievances.

Workplace culture

Letter of understanding between Treasury Board and PSAC creating a National Joint Committee to tackle workplace culture problems at CBSA.

Article 43 – Leave with pay for family-related responsibilities

Expansion of leave provision to include care of a person who stands in the place of a relative for the employee, regardless of blood-relationship between such person and the employee.

Article 46 – Bereavement leave with pay

Expansion of leave provision to include one-time bereavement leave for a person who stands in the place of a relative for the employee, regardless of the blood relationship between such person and the employee.

Article 53 – Domestic violence leave (NEW)

Up to 75 hours of annual leave for employees who are subject to domestic violence.

Appendix C – Workforce adjustment

Increase in education allowance from $15,000 to $17,000 for indeterminate employees who are laid off during the workforce adjustment process.

Article 30 – Designated paid holidays

Inclusion of the National Day for Truth and Reconciliation per the legislated change.

Article 40 – Parental leave without pay

For parents covered by EI and the QPIP, the introduction of extended parental leave without pay for up to 86 weeks, with no impact on the five-year limit in Article 41.

Additional week under the EI Act

If both parents work in the public service and they have divided the full 40 weeks of parental leave, one of the two parents can receive an additional week.

Additional weeks under the QPIP

If both adoptive parents work in the public service and they have divided the full 37 weeks of adoption leave, one of the two parents can receive two additional weeks. If both biological parents work in the public service and they take all 32 weeks of parental leave, as well as the five weeks of paternity leave, one of the two parents can receive two additional weeks.

Change in the number of weeks of parental leave with allowance

New maximum of 57 weeks of parental leave per couple with a 93 per cent top-up. This will allow for the inclusion of five paternity weeks, under the QPIP, where both parents work in the public service and the inclusion of five or eight new weeks of parental leave under the Employment Insurance Act, where both parents work in the public service.

Under the EI Act – Parental allowance for extended leave

Parents covered by EI over the new extended leave period will be eligible for a supplementary allowance equivalent to 55.8 per cent of their weekly rate of pay.

Repayment formula

Addition of Schedule V of the Act, which allows mobility between the core administration and 26 other separate agencies, including the Canada Revenue Agency, the Canadian Food Inspection Agency, Parks Canada and the National Research Council, without an obligation to repay allowances. This change gives more flexibility to parents who wish to change positions within the federal public service.

New Article 42 – Compassionate care and caregiving leave

New caregiving leave provisions include the three types of leave provided for under EI:

    • Compassionate Care Benefits
    • Family Caregiver Benefits for Children
    • Family Caregiver Benefits for Adults

The leave is for the same duration as stipulated in EI and includes the applicable waiting period. Leave granted under this clause shall count towards severance pay, vacation leave and pay increments.

This agreement was the product of great solidarity and perseverance  on the part of our FB members. We can all be proud of what we achieved together. The FB bargaining team unanimously recommends ratification of the tentative agreement.

This article has also been posted on the PSAC website.

CBSA employees secure deal with government hours after strike action at Canada’s borders

After an intense final round of negotiations that lasted more than 36 hours, the Public Service Alliance of Canada (PSAC) and Customs and Immigration Union (CIU) reached a tentative agreement with the Canada Border Services Agency (CBSA) late Friday, August 6.

“We are relieved that CBSA and the government finally stepped up to address the most important issues for our members to avoid a prolonged labour dispute,” said Chris Aylward, PSAC national president. “The agreement is a testament to the incredible hard work and dedication of our bargaining team who worked through the night to reach a deal.”

“We also couldn’t have done it without the tremendous support of our members, who put intense pressure on the government at every airport and border crossing across the country today.”

The agreement means an immediate end to work-to-rule strike action that had begun Friday, August 6 and ensures the flow of border traffic will return to normal as the government prepares to welcome fully vaccinated U.S. travellers on Monday, August 9.

“CBSA employees have been on the front lines of the pandemic since day one, protecting our borders and keeping Canadians safe. But they weren’t receiving the support they needed from the government,” said Mark Weber, CIU national president. “Finally – after three years of negotiations – we’ve resolved longstanding issues that will go a long way towards making CBSA a better, safer place to work for our members.”

Negotiations between PSAC-CIU and CBSA began in January 2019 but reached an impasse in December 2020. In May 2021, the union presented arguments at Public Interest Commission (PIC) hearings and a PIC report was issued in July with non-binding recommendations. Following national strike votes throughout June and July, PSAC-CIU announced an overwhelming strike mandate at the end of July and issued an official strike notice on August 3. Work-to-rule action began across the country August 6 at 6 a.m. EDT.

Highlights of the tentative agreement include: 

  • A four-year agreement from 2018-2021 with an average annual increase of over 2% per year;
  • Better protections against excessive discipline in the workplace;
  • The creation of a National Joint Committee to tackle workplace culture problems at CBSA;
  • A paid meal allowance for uniformed members, similar to what most Canadian law enforcement agencies provide;
  • A commitment letter to advance the work toward the introduction of early retirement benefits for CBSA employees;
  • A better grievance-handling process;
  • Domestic violence leave;
  • Other leave and allowance improvements.

This article has also been posted on the PSAC website.

9,000 Canada Border Services Agency employees to begin job action Friday

Travelers and commercial traffic entering Canada should expect long lineups and lengthy delays at border crossings and airports starting Friday, August 6 as nearly 9,000 Canada Border Services Agency employees begin job action across the country.

The Public Service Alliance of Canada (PSAC) and the Customs and Immigration Union (CIU) served strike notice to the government Tuesday.

“We truly hoped we wouldn’t be forced to take strike action, but we’ve exhausted every other avenue to reach a fair contract with the government,” said Chris Aylward, Public Service Alliance of Canada national president. “Treasury Board and CBSA have been clear they aren’t prepared to address critical workplace issues at CBSA at the bargaining table.”

Sweeping work-to-rule strike activity will take place at all Canadian airports, land borders, commercial shipping ports, postal facilities and headquarters locations and could have a dramatic impact on Canada’s supply chain and the government’s plans to reopen the border to U.S. travellers on August 9.

“We’ve continued to serve Canadians throughout the pandemic – keeping our borders safe, screening travellers for COVID-19 and clearing vital vaccine shipments,” said Mark Weber, CIU national president. “Now it’s time for the government to step up for CBSA employees.”

Unionized employees with PSAC and the Customs and Immigration Union have been without a contract for over three years. They are seeking better protections against a toxic workplace culture at CBSA, and greater parity with other law enforcement agencies across Canada. The union declared impasse in December and applied for a Public Interest Commission (PIC) hearing after CBSA and Treasury Board were unwilling to address these core issues.

The Commission released its recommendations for both parties to reach a deal, including many improvements to the working conditions of CBSA employees. Read more about the PIC’s recommendations.

The two sides will return to the table on August 6, but work-to-rule action will begin at 6 a.m. EDT across the country if a new contract isn’t negotiated.

During work-to-rule strike action, CBSA employees will obey all of the policies, procedures and laws applying to their work, and perform their duties to ’the letter of the law’. This may cause long and unavoidable delays at Canada’s borders as workers carry out their jobs as they were trained to do.

This article has also been posted on the PSAC website.

PSAC-CIU begins sweeping job action this Friday, August 6

PSAC-CIU has given official strike notice to the government, which means effective Friday, August 6 at 6:00 a.m. (EDT), all FB members will begin work-to-rule action across the country.

This is our opportunity to cause significant disruptions to CBSA operations and force the government to come back to the table to address the toxic workplace culture at CBSA and provide parity with other law enforcement personnel across Canada.

Once the employer was served strike notice, they asked to return to the table August 4, which we agreed to, but it’s clear Treasury Board and CBSA still have no new mandate to address our core workplace issues, and we need to continue planning for strike action beginning Friday.

During a work-to-rule, we’re asking you to obey all of the policies, procedures and laws applying to your work, and to perform your duties to “the letter of the law.” Don’t work during your breaks or unpaid lunches. Don’t work past your scheduled work hours. Ask every question in your manual at ports of entry. This may cause long and unavoidable delays at Canada’s borders, but we know you take pride in your work and will rely on your discretion to not cut any corners while performing your duties.

We’ll send a clear and decisive message to the government: we’re prepared to do what’s necessary to make CBSA a better and safer place to work.

Beginning August 6, there won’t be picket lines organized at worksites. That’s because work-to-rule action will have a far greater impact on Canada’s critical supply chain and the federal government’s plans to reopen the border to U.S. travelers on August 9.

There’s no doubt our job action will result in slower processing and longer wait times. While unfortunate for travelers and commercial shipping, the blame rests squarely with Treasury Board, CBSA and the government for their inaction, disrespect and chronic understaffing. Taking strike action is always a last resort, but PSAC-CIU have exhausted all other avenues to reach a fair contract, and the government has forced us to take job action.

Work-to-rule action should never jeopardize the safety of Canadians or the security of our borders. All duties relating to the safety and security of Canada are essential and, in fact, should be done with greater diligence and in line with all enforcement manuals and legislation.

To be clear, we are asking you to do your job as you were trained to do it, in accordance with your collective agreement, policies, procedures, SOPs and laws, while adhering to all health and safety protocols. This applies to all FB members, including non-uniformed members.

This is just the first step in our strike activities. Other types of strikes, including a general strike, rotating strikes and strategic strikes, are all options under consideration for the next phases as we ramp up our strike action. Only then will essential and non-essential designations come into play.

During a work-to-rule, you will not receive strike pay because all FB members will remain at work for their regularly scheduled shifts and in your typical roles. Therefore for this first stage, there will be no loss of salary.

Our FB bargaining team has put together a comprehensive list of work-to-rule actions you can take in the workplace. Consult the list carefully and reach out to your PSAC Regional Office or your CIU Branch President at any time during this process with your questions and concerns.

For more information on the PSAC strike structures, please see the PSAC Strike Manual or our Frequently Asked Questions.

This article has also been posted on the PSAC website.

FB group: Renewed talks with CBSA stalled, union prepares for strike action

CIU members rallying with a sign that says "I'm on strike alert"

After returning to the bargaining table for two days of renewed negotiations with Treasury Board, talks stalled between PSAC-CIU and Treasury Board July 30.

It’s abundantly clear that Prime Minister Justin Trudeau’s government has not given Treasury Board a new mandate to address critical bargaining issues, including protections against a toxic workplace culture at CBSA and greater parity with other Canadian law enforcement personnel.

The FB bargaining team remains ready and available to return to the table and negotiate. In the meantime, PSAC-CIU will be mobilizing to begin sweeping job action beginning Friday August 6 if an agreement isn’t reached.

We would prefer to reach a fair agreement at the table and avoid disruptions at the border for Canadians, but the employer is leaving us with no other choice.

PSAC-CIU’s leadership is finalizing plans to coordinate strike activities across the country. You will receive more information early next week about what strike action will look like for you.

In the meantime, refer to the PSAC Strike Manual for more information on the PSAC strike structures or the Frequently Asked Questions for answers about essential employees and strike action.

You can also take several actions right now to help your FB bargaining team:

Thank you for your ongoing support and stay tuned for more details.

This article has also been posted on the PSAC website.

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