Author Archives: Pierre St-Jacques

FB Bargaining: PSAC-CIU protects bargaining unit work

Buckling under legal pressure from PSAC-CIU, the Canada Border Services Agency (CBSA) has stopped contracting out the work of trained border services officers to students at ports of entry in Toronto.

In July, CBSA management in Toronto implemented new shifts staffed exclusively by students after PSAC-CIU members refused to enter into talks on a temporary variable shift schedule arrangement (VSSA) due to concerns that management would abuse the agreement.

As a result, PSAC took legal action and filed an unfair labour practice complaint with the Federal Public Sector Labour Relations and Employment Board against the CBSA and Treasury Board.

Staffing our ports of entry with trained CBSA border services officers is the only way to ensure the safety of Canadians and our borders.

In light of the legal action taken by PSAC-CIU, CBSA in Toronto has reversed the changes made in July. PSAC will therefore be withdrawing its complaint.

Our bargaining team has made proposals in national negotiations concerning protections against unilateral changes to scheduling and to protect our bargaining unit work. To be clear, PSAC-CIU is not opposed to students receiving training and work experience opportunities. But our proposals would protect against students being used as cheap labour by CBSA. Students should never replace trained officers at CBSA ports of entry.

The legislation states that all matters subject to negotiation are frozen until such time as the parties reach a new agreement. This means that our current terms and conditions are frozen, unless the union consents to changes CBSA wants to make. We were not consulted on the changes made. We are opposed to BSOs being replaced by students. We do not agree with CBSA’s scheduling changes.

Other legal challenges against CBSA

Our legal challenges over CBSA’s contracting out the work of Border Services Officers to Commissionaires at Pearson International Airport and changes made to shifts at Postal Operations in Vancouver are ongoing. We are also in mediation on complaints related to leave with income averaging and compressed schedules. Our dispute concerning CBSA’s name tag policy is still ongoing.

We will continue to pursue legal action against CBSA until such time as the employer complies with its legal and contractual obligations.

To review the package of bargaining proposals that we tabled as well as those of the employer, visit the PSAC page for the FB page group. We’ll announce new bargaining dates when they’re available and continue to provide updates throughout the bargaining process.

The original version of this article was first posted on the PSAC website.

Victory: Supreme Court reaffirms women’s equality in the workplace

PSAC welcomes the Supreme Court of Canada’s recent decision in the Fraser case, which reaffirms the obligation of employers to treat women equally and without discrimination – a protection guaranteed by section 15 of the Canadian Charter of Rights and Freedoms.

In 1997, the RCMP introduced a job-sharing program allowing up to three employees to split the duties of one full-time position as an alternative to unpaid leave. In practice, the program has been almost exclusively accessed by women seeking reduced working hours to take care of young children. However, job-sharing penalized women by not allowing participants to buy back their pensionable time, an option available to employees using other types of leave.

The Supreme Court has now ruled that this discrepancy is a violation of women’s Charter rights and has ordered the RCMP to provide a pension buy-back option for all employees who participated in job-sharing. More broadly, this decision is a reminder from the top court to employers across the country: all human resource programs and policies must promote equity and prevent discrimination against historically disadvantaged groups.

While the lawsuit was brought forward by three now-retired RCMP officers who were not union members, PSAC joined in support of their case as an intervener at the Supreme Court.

Download PSAC’s submission

“PSAC thanks Joanne Fraser, Allison Pilgrim and Colleen Fox for their courage, and congratulates them on this important victory,” said Chris Aylward, PSAC National President. “Treating women equally means they should not be penalized when they take leave from work to care for their children. This win is another milestone in our union’s long history of work in support of gender equity.”

Here is a brief overview of PSAC’s decades-long work in support of women and child care:

- 1980s-1990s: With women at the forefront, tens of thousands of PSAC members launch a major strike in 1980 against Pierre Trudeau’s Liberal government that leads to groundbreaking paid maternity leave benefits, protecting mothers’ income while caring for their infants. These benefits eventually expand to include paid leave for both parents and full salary replacement for one year.
- 1989-1991: PSAC reaches an agreement with Treasury Board that a policy will be developed to encourage the establishment of workplace child care centres, open to both PSAC members as well as the general public.
- 1999: The union negotiates a special Child Care Fund to help members at Canada Post address their child care needs.
- 2004-2014: PSAC supports Fiona Johnstone, a member at the Canada Border Services Agency who requested accommodation for child care but was denied. In 2014, after a decade-long battle with her employer, the Federal Court of Appeals upheld a Canadian Human Rights Tribunal ruling that CBSA discriminated against Johnstone by failing to accommodate her family obligations related to child care. The precedent-setting Tribunal ruling must now be followed by all large employers in Canada.
- 2005: After more than a decade of advocacy by PSAC, the broader labour movement and women’s organizations, the federal government signs a series of child care funding agreements with provinces and territories, opening the way for a national child care system. A year later, however, the newly elected Harper Conservative government cancels all agreements.
- 2010-2020: In collaboration with other unions and child care organizations, PSAC ramps up advocacy in support of a publicly funded, national child care system. Campaigns include ‘Let’s Rethink Child Care!’, ‘Child Care 2020’, ‘You can’t take your kids to work’, and “Affordable Child Care for ALL.” Each involves intensive lobbying of federal politicians.
- 2020: PSAC files a policy grievance against Treasury Board regarding changes to its policy on the use of code 699 leave during the COVID-19 pandemic for childcare and caregiving responsibilities.
- 2020: In the midst of ongoing campaigning for a national child care program by the labour movement, Justin Trudeau’s government promises to “make a significant, long-term, sustained investment” towards a Canada-wide Early Learning and Child Care system. The plan will support millions of families across the country, promote a strong economic recovery and help prevent the pandemic from taking away the economic and social gains women have made over the last thirty years.

This article was first posted on the PSAC website.

SV members ratify new tentative agreement

PSAC members in the Operational Services (SV) bargaining unit have voted in favour of their tentative agreement.

The unit represents nearly 10,000 federal public service workers who have gone above and beyond to support Canadians during this pandemic.

The new collective agreement covers the 2018-2021 period and provides fair wages, no concessions and improved working conditions.

“I am proud of the elected members of our bargaining teams for their unwavering dedication during this round of talks,” said Chris Aylward, PSAC National President. “Thanks to their hard work and the solidarity shown by thousands of members across the country, we were able to negotiate a fair deal. We’re now in a strong position to build on these improvements in the next round of bargaining.”

Next Steps

In the coming weeks, PSAC will meet with Treasury Board representatives to sign the new collective agreement. With the exception of monetary provisions, which are retroactive, new contract terms come into effect on the date of signing.

The employer has 180 days from the signing of the contract to implement wage increases, wage adjustments and allowances. As explained in the ratification kits, in view of this extended implementation timeline, PSAC negotiated a $500 lump sum payment into all contracts.

PSAC will update members when the contract is signed. Please keep your contact information up to date via the PSAC member portal.

Parks, CFIA and FB group

Members in the Parks and CFIA units vote between October 5 and November 4.

Members in the Border Services (FB) unit are still in talks.

The original version of this article was first posted on the PSAC website.

PA, TC, and EB members ratify new agreements with Treasury Board

A majority of PSAC members in the Program and Administrative (PA), Technical Services (TC), Education and Library Science (EB), and PSAC-UTE (CRA) bargaining units have voted in favour of their respective tentative agreements. The four units represent nearly 110,000 federal public service workers who have gone above and beyond to support Canadians during this pandemic.

The new collective agreements for the PA, TC and EB groups cover the 2018-2021 period, while the new PSAC-UTE collective agreement covers the 2016-2021 period. All agreements provide for fair wages, no concessions and improved working conditions.

Next Steps

In the coming weeks, PSAC will meet with Treasury Board and CRA representatives to sign the new collective agreements. With the exception of monetary provisions, which are retroactive, new contract terms come into effect on the date of signing.

Both employers have 180 days from the signing of the contracts to implement wage increases, wage adjustments and allowances. As explained in the ratification kits, in view of this extended implementation timeline, PSAC negotiated a $500 lump sum payment into all contracts.

PSAC will update members when contracts are signed. Please keep your contact information up to date via the PSAC member portal.

SV group, Parks, CFIA and FB group

Members in the Operational Services (SV) group have until October 5 to vote on their new contract while those in the Parks and CFIA units will vote between October 5 and November 4.

Members in the Border Services (FB) unit are still in talks.

The original version of this article was first posted on the PSAC website.

EB group reaches tentative agreement

PSAC has reached a tentative agreement that provides increases to wages, no concessions, and improved working conditions for nearly 1,000 members of the Education and Library Science (EB) group under Treasury Board.

In addition to these successful talks, EB members will also be awarded a Phoenix damages settlement to compensate members for the pain and suffering caused by the broken pay system. Please read the update which provides greater detail on the general Phoenix compensation portion of the settlement, as well as the expansion of the claims process for out-of-pocket expenses and for those who suffered major losses because of Phoenix.

EB Group settlement

The PSAC bargaining team successfully secured fair wage increases averaging at 2.11% per year. EB group members would receive the following wage increases:

2018	2019	2020
2.8%	2.2%	1.35%

In addition to these wage increases, the following group-specific wage adjustments and allowances were also secured: 

Implementation of a new, national pay grid for 12-month teachers and instructors.

Other improvements to the EB collective agreement include: 

Increase in maternity related reassignment or leave qualification from 52 to 78 weeks following the birth of a child
A new leave provision for members elected to union leadership
An increase in meal allowance for overtime from $9 to $12
Set timelines for receiving a response to vacation leave requests
Improvements to travel time to pay for up to five hours of compensation for any stop-overs
Language that emphasizes the importance of professional development activities, such as conferences and workshops, for LS members
Commitment from the Employer to consult with the Union in the next review of Treasury Board’s policy on indemnification
Commitment from the Employer to prepare informational material on employees’ injury on duty rights and benefits.
Ability for ED-EST ten-month teachers to use their personal leave in 7.5 or 3.75 segments (Article 60)
An MOU for a Joint Committee to address the issues related to teaching time and preparation time for Language Teachers (ED-LAT)
An MOU for a Joint Committee to address the teaching of indigenous languages for 10-month teachers at INAC
Increases to funding for the Joint Learning Program, including a pilot study on health and safety training

Common issues settlement

Two weeks ago, when we obtained a settlement for the PA group, PSAC also reached a settlement for Treasury Board issues common to all groups. Some of the key improvements include:

A one-time payment of $500 in recognition of the extended collective agreement implementation deadline and an additional $50 for every subsequent 90-day delay
Ten days of paid Domestic Violence Leave
Better language on return to work following a Maternity or Parental Leave, giving more flexibility to parents who wish to change positions within the federal public service.
Improvements to Parental Leave pay
Updated language to match the new legislation including a new extended leave option and the sharing of Parental Leave
Expanded supplementary allowance for every week an employee is on extended or shared Parental Leave
Additional weeks for parents covered under the Quebec Parental Insurance Plan, when both parents work in the public service.
New Memorandum of Understanding to explore the issues related to childcare in the public service
Updated and improved language to match the new legislation on Compassionate Care and Caregiving Leave
Better language to allow the use of employer facilities for union activities
New Memorandum of Understanding to protect certain working conditions of civilian members of the RCMP
New Memorandum of Understanding on mental health in the workplace to support the work of the Centre for Expertise on Mental Health
In the event of workforce adjustment, the education allowance has increased to $17,000.
Deletion of Memorandum of Understanding on Supporting Employee Wellness. As a result, Sick Leave will remain untouched.

Full text and next steps

We will share the final text and full details of the EB group tentative agreement, and common issues agreement, as soon as it becomes available. Shortly thereafter, EB members will be invited to participate in online ratification votes. Details about the votes will be shared as soon as possible.

The PSAC bargaining team unanimously recommends the ratification of the tentative agreement.

To ensure that you receive all updates and can participate in the ratification process, please ensure that you have either updated your contact information on PSAC’s member portal, or that you create an account if you have not done so already.

The original version of this article was first posted on the PSAC website.