Author Archives: Pierre St-Jacques

PSAC members denied 699 leave may apply for reconsideration by November 4

PSAC members who applied for and were denied 699 leave between November 2020 and March 2022 may be eligible to apply for reconsideration.

On March 7, 2022, the Federal Public Sector Labour Relations and Employment Board (FPSLREB) issued its decision concerning the proper application of 699 leave.

Following the release of this decision, the FPSLREB recommended a process to resolve issues involving individuals who unsuccessfully sought 699 leave in writing during this period but did not present an individual grievance. This process is now being made available to PSAC members.

What is the process to request 699 leave reconsideration?

PSAC must present a request to the employer for reconsideration on behalf of its members. This request must include all documents initially submitted to the employer between November 9, 2020, and April 1, 2022.

In the event the request is denied, an independent member of the FPSLREB will review the application and make a recommendation. The employer has agreed to be bound by the recommendation.

Do I qualify for 699 leave reconsideration?

To qualify for 699 leave reconsideration, you must meet all the following requirements:

You submitted a request in writing for 699 leave between November 9, 2020, and April 1, 2022.
Your request was denied, and you did not file a grievance.
You were financially disadvantaged by having to use sick or vacation (annual) leave.

What steps must I take?

Individual reconsideration requests must be submitted to PSAC by November 4, 2024, and include all relevant written documentation, such as letters, emails, or messages that support your request for reconsideration. Please complete the request form, which has been created to expedite processing times.

If you have questions or need additional support, please contact us by selecting “699 Leave” in the dropdown menu.

This article was first posted on the PSAC website.

Procedural fairness paramount in workplace violence investigations: Federal Court

On May 2, 2024, in a substantial decision involving a CIU member, the Federal Court significantly reinforced the importance of procedural fairness for all parties involved in workplace violence and harassment investigations under the Workplace Violence and Harassment Prevention Regulations and the Canada Labour Code. Beyond being a sound victory for our members’ rights, this decision should serve as a clear wake-up call to the Agency to re-examine its internal investigative practices.

In Marentette v. Canada (Attorney General), 2024 FC 676, the Federal Court was unequivocal: Workplace Violence investigations must ensure a great level of procedural fairness for both the complainant and the respondent.

Thanks to this decision, elements such as the lack of opportunity given to respond to adverse evidence or testimony, along with the absence of analysis of evidence in a final report, have now been properly established as not meeting the threshold of procedural fairness. As per the Court, it is crucial that participants in an investigation be given the opportunity to review a preliminary report in order to rebut adverse evidence before conclusions on the investigation are completed.

Marentette v. Canada is a major win in the battle to see investigations of harassment and violence complaints completed in an impartial manner and evidence weighed transparently in final investigation reports. Since the release of the decision, CIU has approached CBSA’s NICE department in individual cases and has successfully advocated for the release of preliminary reports.

The CIU national leadership encourages union representatives at all levels to make sure members are receiving the benefits of this ruling. Branch Presidents should direct questions to their CIU Labour Representation Officer for guidance.

Read the full decision here: Marentette v. Canada (Attorney General), 2024 FC 676.

Letter of support: UAW files labour charges against Donald Trump, Elon Musk

Original letter sent by mail from CIU National Mark Weber to Shawn Fain, President of the UAW, on August 14, 2024.

Dear President Fain,

The decision by the UAW to counter Donald Trump and Elon Musk’s shameless attempt to intimidate American workers is to be applauded in the strongest terms. It should serve as a rallying call and inspiration for the entire labour movement in the face of mounting adversity on the part of conservative, far-right elements across the globe.

In Canada and the United States, right wing political parties brand themselves as friends of workers while seeking to erode their very rights. Their policies weaken the working class and attack the foundations of organized labour, from the fundamental freedom of association to the right to strike.

Throughout the past century, unions have faced aggression from those who wish to see their rights curtailed. Time and again, organized labour has upheld and expanded the rights of workers. We now face the threat of national conservatism, which aims to roll back the clock to a time when workers’ rights were yet to be won.

It is unsurprising that this latest attack would come from a billionaire and his politician crony, and the UAW’s pushback against this illegal display is timely. The Customs and Immigration Union stands in support of our fellow union members of the UAW. Your actions are needed now more than ever. Only when organized labour stays silent do those who would oppress workers succeed.

In solidarity,

Mark Weber
National President, Customs and Immigration Union

Click here for the PDF version.

Next Young Workers virtual meeting

If you are 35 years old or younger and want to get involved with your union, you are invited to participate in the next CIU Young Workers virtual meeting over Zoom, on July 29, 2024, 7-8 p.m. ET. This is an opportunity to make your voice heard and discuss shared issues with your fellow young workers.

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FB strike action on hold, mediation extended to June 12: A message from the CIU National President

Dear members,

On Friday June 7, 2024, moments before unleashing country-wide strike action, the union and employer agreed to extend mediation for the FB group until Wednesday, June 12, in order to continue working toward a fair contract for our members.

As a result, strike activities that were set to begin at 4 p.m. ET on June 7 have been put on hold while mediation continues.

I know many of you were poised to act and I wish to express my profound gratitude to all for answering the call and being ready to take the necessary steps to fight for your rights and support our FB bargaining team. Your readiness to act did not go unnoticed.

In the lead-up to the June 7 strike deadline, we witnessed a multiplicity of attempts by CBSA to undermine this solidarity through threats and misinformation so as to weaken the bonds that join us as union members. Your willingness to take action and report to a picket line showed how futile these attempts really were.

As our FB bargaining team keeps working towards a fair and equitable deal for our members through mediation, I encourage you to continue supporting each other, along with those who represent you at the table, in the same way as you have done until now.

The FB group could not wish for a better bargaining team, whose dedicated members, shouldered by excellent union staff, have spent nearly two years working hard on your behalf to lay the groundwork for a fair deal. Our team is only as strong as the members they represent and they could not ask for a better group of union activists.

I know that many of you will have questions. Due to the highly sensitive nature of ongoing negotiations, updates will be sparse, and it may be days before new information is communicated to you.

I thank you for your understanding and commend you once again for your readiness to act. United we advance the working conditions for all.

Thank you and in solidarity,

Mark Weber
CIU National President