Author Archives: Pierre St-Jacques

Update: Accommodations for Use of Force Limitations

Arming Initiative Featured Image, depicting the hand of a BSO on a holstered firearm

On October 24, 2018, the CIU National Executive, Brother Star and Sister Amy Kishek, PSAC Legal Officer, met with the CBSA for a G-1 consultation meeting. The Employer advised that following Phase I, it has regularized 78 accommodations which are now permanent placements. These Employees have already received their letters of offer. Continue reading

Victory: PSAC Secures Over a Million Dollars Owed to Border Services Members

CIU Flag / Drapeau du SDI

PSAC-CIU has successfully challenged, through a policy grievance, a Canada Border Services Agency (CBSA) breach of the Border Services (FB) collective agreement that expired June 20, 2014.

PSAC had negotiated a new annual allowance for all employees performing Border Services duties. The amount was set at $1,250 annually for non-uniformed officers and $1,750 annually for uniformed officers, to be paid monthly to all BSOs who worked a minimum of 75 hours in that calendar month. The Employer however refused to compensate members who worked the 75 hours in the month of June 2013.

Following PSAC-CIU’s legal challenge, the Federal Public Sector Labour Relations and Employment Board (FPSLREB) recently issued a decision affirming that the Employer needed to pay all members in accordance with the provisions of this new allowance for the month of June 2013. This decision makes it consistent with the sick leave and annual leave provisions. This victory will see over 1 million dollars given back to the Border Services members affected and sets a precedent for any future allowances negotiated with similar language.

A version of this article was posted on the PSAC website.

Canadian Police and Peace Officers’ 41st Annual Memorial Service

Border Services Officers attending the 2018 Police and Peace Officers' Memorial Service

On September 30, 2018, CIU members and representatives from across the country attended the Canadian Police and Peace Officers’ 41st Annual Memorial Service. Paying homage to those who have paid the ultimate price for keeping Canada safe is certainly one of the most significant gestures anyone can make.

CIU is grateful to all who were present to honour their law enforcement brothers and sisters. Your dedication to this Memorial and your professionalism in representing your coworkers are truly appreciated.

Border Services Officers attending the 2018 Police and Peace Officers' Memorial Service

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PA, EB, TC & SV Groups Bargaining: PSAC Proposes 3.75% Wage Increase Per Year and Additional Improvements

Bargaining

Bargaining teams representing nearly 90,000 federal public service workers were at the bargaining table with Treasury Board (TB) on October 16-17. This week’s sessions involved elected teams from the Program & Administrative Services (PA), Technical Services (TC), Operations Services (SV), and Education & Library Science (EB) groups, whose collective agreements expired this summer.

PSAC’s bargaining teams remained disappointed by the continued lack of response and meaningful engagement by TB negotiators at the table. Similar to PSAC’s experience at the common issues bargaining session on October 10-11, government representatives did not engage substantially with PSAC’s various proposals, and also did not bother to offer counter proposals.

The teams all proposed economic increases of 3.75% per year for the 2018-2020 period. In addition, each team presented wage adjustments and allowances, as well as other proposals at their specific tables.

Specific bargaining proposals at-a-glance

Program & Administrative Services (PA)

Proposals from the PA bargaining team include a Public Safety Allowance for workers at security agencies in constant risk of mental or physical injury, a Primary Responsibility Allowance for Parole Officers, a higher retention bonus for workers having compensation and benefits related duties, and improved working conditions and training for call centre workers.

The PA team also reiterated its proposals to: improve compensation for overtime work, better address family responsibilities, and enhance work-life balance.

Technical Services (TC)

The TC bargaining team tabled a comprehensive wage proposal that seeks to expand and roll all current allowances into salary, add two increments to the top of all members’ pay scales, as well as introduce new occupational allowances to help address a substantial pay gap with others who do similar jobs.

Moreover, the TC team reiterated previously tabled proposals around fair job classification, leave improvements, hours of work, and travel time.

Education & Library Science (EB)

The bargaining team focused its wage proposals on closing the pay gap between EB members and those working outside government in comparable sectors, such as public school boards and academic libraries. And it followed up on a previously tabled proposal to negotiate a new national rate of pay for 12-month Elementary and Secondary Testing (ED-EST) teachers, which government negotiators have been sitting on for more than four months.

The team also presented new proposals aimed at increasing opportunities for professional development.

Operational Services (SV)

The SV bargaining team proposed market adjustments (in addition to the economic increases mentioned above) for a wide range of job classifications to eliminate the pay gap between public sector positions and comparable jobs in the private sector, as well as initiatives associated with salary grid restructuring. The team also tabled language proposing improvements to the terms and conditions contained in some of the group-specific appendices.

The team also further discussed measures to protect pay and benefits in situations necessitating a Duty to Accommodate.

Next bargaining dates

The next bargaining sessions will be held on:

  • November 27-29 for table specific proposals
  • ​December 4-6 for common issues proposals

PSAC has demanded that government negotiators come to the next set of bargaining meetings ready to respond to our proposals and begin meaningful negotiations.

A version of this article was posted on the PSAC website.

PSAC Victory Secures Compensation for Victims of Workplace Sexual Assault

CIU Flag / Drapeau du SDI

PSAC secured an important victory this past week when the Federal Court of Appeal ruled that a member should be compensated for the sexual harassment and assault she experienced in her workplace.

The case involved a border services officer who had been continually sexually harassed by a co-worker since May 2008, which culminated in a sexual assault on August 2009. While the employer and the Board did not dispute that sexual harassment and assault did occur, the Board nevertheless decided that compensation for pain and suffering was not warranted despite clear evidence of significant emotional trauma

In its decision, the Board referred to the sexual assault as a “vulgar prank” and considered the reaction of the target of the assault as “extreme” and “grossly exaggerated.” The Board further maintained that because the victim was a “confident” employee she ought to have taken different steps in having the matter reported and resolved.

Thanks to the courage of the member who brought this case forward, PSAC successfully appealed the Board’s decision and received the positive ruling last week. The Federal Court of Appeal confirmed that there is an obligation to compensate victims of sexual harassment and violence, and further, that sexual assault survivors can be compensated for harm suffered regardless of whether the sexual assault was the sole cause of the harm.

“This is such an important victory for any victims of sexual harassment and assault in the workplace. The message is clear: the impact on workers should be taken seriously, and they should be compensated for their suffering,” said PSAC National President Chris Aylward.

The Court was also very critical of the Board’s original decision for having perpetuated rape myths. The Court affirmed that there is no one typical response by victims to sexual assault, and further that the Board could not substitute its own concept of common sense in place of the actual evidence of pain and suffering.

A version of this article was posted on the PSAC website.