Author Archives: Pierre St-Jacques

The FB bargaining team needs your support!

Photo of CBSA officer with orange epaulettes

The FB bargaining team is back at the bargaining table this week!

As a show of support for our team, we are asking all our members to proudly wear or display their union swag (epaulets, laces, wristband, mug, etc.) and to keep them displayed until the union reaches a tentative agreement.

We also invite our members to send photos of them wearing or displaying their union swag at comms@ciu-sdi.ca.

Note: By sending in their photos, members agree that CIU may publish these photos online, including its website and social media pages. Those who wear a name tag should remove or hide it before taking a picture.

Legal battle begins to protect use of 699 leave during the pandemic

Photo of CIU flag

PSAC’s legal challenge against Treasury Board’s regressive and discriminatory changes to 699 leave for federal public service workers is set to begin October 19.

In June, PSAC filed a policy grievance after the government tightened its guidelines around when public service workers can use “Other Leave with Pay” (699 leave) to fulfill child care needs during the pandemic.

The new policy fails to recognize that some parents may have to keep their children at home for legitimate reasons despite the availability of schools or child care. For example, some parents may choose to keep their children at home to protect members of their household who suffer from underlying health conditions that make them vulnerable to COVID-19 symptoms.

PSAC will meet with the Federal Public Sector Labour Relations and Employment Board in order to determine the scope of the policy grievance and set dates for the hearing.

PSAC made it clear that the new policy adversely impacts women who continue to bear a disproportionate burden of domestic responsibilities including child care, eldercare and household operations. It could also result in discriminatory outcomes for people with disabilities and people with family obligations, violating both members’ collective agreements and the Canadian Human Rights Act based on family status, sex and disability. The Canadian Human Rights Commission has also notified the Board that it intends on making submissions on this issue.

The proposed policy amendments would result in a patchwork of unfair outcomes for public service workers and give managers too much discretion in applying the policy.

PSAC pushes back against the use of sick leave for COVID-19

PSAC will also be contesting language in the policy that says employees who are experiencing COVID-19 symptoms or who self-isolate would be required to use available sick leave instead of 699 leave if they are unable to work.

This egregious change to the policy is discriminatory to public service workers and flies in the face of sound public health advice. Without the availability of a vaccine, and with many parts of Canada entering a second wave of the pandemic, Treasury Board’s proposed changes are premature and inconsistent with the current public health crisis.

There is also no evidence that employees have abused 699 leave during the pandemic. In fact, the Parliamentary Budget Officer has reported that 699 leave in the federal public service has been used modestly and cost very little. And as departments adapted to working from home, the number of employees forced to use 699 leave dropped by 84 per cent from April to June.

PSAC is committed to ensuring that our members, and in particular, women, caregivers and those with disabilities, continue to have the necessary support and leave with pay they need during the pandemic.

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

FB Bargaining: PSAC-CIU protects bargaining unit work

Photo of CIU flag

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.

“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.