Category Archives: négos

$2,500 lump sum payments: Some Treasury Board and agency members experiencing issues

PSAC logo SCFP

During the last round of negotiations with Treasury Board, PSAC secured a $2,500 pensionable lump sum payment applicable to all members of the EB, PA, SV, and TC bargaining units employed at the time the agreement was signed.

Since then, PSAC has negotiated the same one-time lump sum payment for all members working for Canada Revenue Agency, Parks Canada, Royal Canadian Mint, Canadian Food Inspection Agency and other federal agencies.

It has come to our attention that this payment has been clawed back for some members who were receiving Employment Insurance (EI) benefits at the time when they received the lump sum. This most notably applies to seasonal employees and those who were on parental leave. It may also apply to members who were on leave without pay due to illness or injury and who were receiving EI sickness benefits.

Misinterpretation of the payment

This claw back occurred for some members because Employment and Social Development Canada interpreted the lump sum payment as additional income during the periods when these members were receiving EI benefits.

PSAC’s legal counsel has confirmed this interpretation is not in line with the terms of our collective agreements, which specify that recipients are entitled to the lump sum for the performance of regular duties and responsibilities for periods when they were actively employed, not when they were on leave.

Recently, a member of the Canadian Association of Professional Employees successfully challenged this interpretation.

The decision of the Social Security Tribunal of Canada found that “the true nature of the employer’s payment … was for services performed before she began her maternity leave and claimed Employment Insurance.” It also ruled that “the Canada Employment Insurance Commission incorrectly identified this money as a signing bonus and allocated it to a week during the [member’s] EI claim.”

What to do if you’ve already been impacted by this

If you have been affected by this issue, it’s crucial to submit a Request for Reconsideration of an Employment Insurance (EI) decision. In Section 3 of the form “Reason for Request for Reconsideration,” please use the following information:

The $2,500 payment was not a ratification bonus. The payment was for performance of duties before I went on leave and started collecting EI benefits. When money is paid for performance of services, the money should be allocated under s. 36(4) of the EI Regulations to the period before my leave began.

There is a time limit of 30 days to request a reconsideration. However, EI allows extensions under certain circumstances. If it’s already been 30 days since you received this decision, you can request an extension by saying you were gathering information about what the payment was for from your union. If you receive a denial on the reconsideration, you have 30 days to appeal to the Tribunal.

Please contact PSAC if you encounter any issues with the appeal process or if you’re uncertain about how to proceed. We are here to assist you through this process and to ensure that your rights are fully respected.

Note for members who have received EI benefits

Some members may not have been notified of this situation yet. If you were receiving EI benefits at the time your collective agreement was ratified or in the months before the lump sum payment was issued, you still may be contacted in the future for repayment.

Review your EI statements, monitor your account, and follow the steps above if you receive the request for repayment.

This article was first posted on the PSAC website.

Common Issues: PSAC and Treasury Board still far apart after insulting wage offer

PSAC is keeping all options on the table to put pressure on Treasury Board after they came to the Common Issues table with an unacceptable wage proposal during negotiations March 28–31. The employer’s offer of 1.5%, 2%, 1.75% and 1.5% over a four-year agreement — averaging 1.75% per year from 2021–2025 — is completely out of touch with soaring inflation across Canada.

“This offer is a slap in the face to our members who have been delivering frontline services to Canadians throughout the pandemic,” said Chris Aylward, PSAC national president. “If the government expects our members to pay for the costs of the pandemic, they have another thing coming.”

The government is asking our members to take a pay cut when they need a raise most. Last year’s inflation rate topped out at 3.4% and this year’s rate is expected to be well above 4%. Indicators reached 30-year highs in February 2022 and inflation is not expected to drop below 2% for 2023 and beyond. PSAC has proposed wage increases of 4.5% per year to protect workers from the rising cost of living and ensure PSAC members and their families don’t fall behind.

Other than a response on wages, the employer’s offer did not address any of the union’s proposals. They only restated their position on their concessionary proposals related to technological change, discipline, numerous leave provisions, and the Work Force Adjustment Appendix (WFA).

“We’re prepared to meet with the government again to try and find common ground, but right now we’re simply too far apart,” added Aylward. “If Treasury Board fails to come to the table with an offer that keeps up with the skyrocketing cost of living, we will be forced to escalate our actions across the country, up to and including taking strike votes.”

Ramping up actions across Canada

We need your help to fight for a fair deal by turning up pressure on the government.

Register now for our April 12 national panel on fair wages to learn more about why mobilization is more important than ever and take action to demand fair wages. Then, join us on April 14 for our virtual day of action where we will flood the lines of Members of Parliament calling for fair wages and better working conditions.

You can also learn more about how inflation impacts your job with our conversation starter, “What does rising inflation mean for Canadian workers?,” support your bargaining team by wearing buttons or pins and send a powerful message to the employer by using our virtual bargaining materials.

Please be sure to keep your contact information up to date to receive all the latest updates as we negotiate your next contract.

This article was first posted on the PSAC website.

Phoenix damages, wage increases key to PA deal says Public Interest Commission

Bargaining

The government will need to offer PSAC members more Phoenix compensation and higher wage increases if they hope to reach a deal, recommends the Public Interest Commission (PIC) report on Treasury Board common issues and the PA group bargaining unit.

Despite this obvious conclusion, we know this government won’t budge unless we make them. That’s why we’ll need to continue ramping up our workplace action, up to and including a strike, until PSAC members get the Phoenix compensation and fair working conditions they deserve.

Strike votes are already underway for our members at CRA and in the coming weeks PSAC will announce when it intends to begin holding strike votes for the PA group and other bargaining units.

While the PIC’s recommendations aren’t binding, key findings from the report include:

Proper Phoenix compensation 

The PIC agreed with PSAC that reaching a fair Phoenix damages deal could be the “ultimate antidote” that paves the way to a deal. The PIC acknowledged that while other unions have set a pattern for compensation that includes five days of paid leave, as the largest bargaining agent, PSAC has the leverage to demand more.

Every PSAC member has suffered stress and anxiety because of Phoenix, even the small few that haven’t had pay issues. Many members have had to put their lives on hold; canceling parental leave, refusing new jobs, promotions or acting assignments and even delaying their retirement for fear of being Phoenixed.

That’s why we continue to demand equal, cash compensation for all PSAC members. When cashed-in, five days of  leave disproportionately rewards higher wage-earners at the expense of those who make less. That’s not fair, and you deserve better.

Fair wage increases  

The PIC recognizes our position that as the largest federal public sector union, PSAC has the bargaining power to negotiate a better wage settlement for our members.

The PA group alone has more members than all other federal public sector  unions combined, and the PIC noted that PSAC has historically not been tied down to the deals reached by those other unions.

Wage adjustments 

Because of the diverse membership of the PA group, the PIC recommended that Treasury Board should provide allowances for specializations within the PA bargaining unit that have been identified by PSAC.

Two sides still far apart 

The report also pointed out that the two parties are still so far apart in their positions but that some of the differences are not insurmountable. This reinforces PSAC’s position that Prime Minister Trudeau must give Treasury Board a new mandate and come back to the table ready to bargain fairly if they hope to prevent strike action.

Next steps 

Now that we’ve received the PIC report, we’ll continue to escalate our job action to pressure this government into negotiating a fair deal for PSAC members. Keep in touch with your regional office and sign up for PSAC’s newsletter to get the latest bargaining updates.

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

TB bargaining – PA group and common issues: Government squanders mediation opportunity

Bargaining

Last week, mediation between Treasury Board and PSAC ended without a tentative agreement as government representatives refused to make progress on PSAC’s key demands. The session covered both common issues as well as those specific to the PA unit – 90,000 federal public service workers in Program & Administrative Services.

After four years of Phoenix problems, the employer didn’t come to the table ready to get to a deal, instead they arrived with the same proposals PSAC has been rejecting for months. 

PSAC is standing firm on our core demands, including fair wage increases, Phoenix-related demands, and the working conditions that make balancing family and work possible.

Unfair wages

The government is proposing wage increases of about 7% for the 2018-2021 period. This is below inflation, which is projected at about 8% for the same period. In order to meet inflation, the government wants us to forgo an additional 1% market adjustment meant to raise earnings for specific groups that are below industry averages, and instead use that 1% to increase the overall wage offer. It’s not fair for the Employer to ask all PSAC members to pay for market adjustments. It should be their responsibility.

To be clear, we won’t accept any offer that doesn’t keep up with the rising cost of living while also addressing group specific market adjustments.

Phoenix-related demands

The impact of the Phoenix pay system is a central issue on the bargaining table for each of PSAC’s federal public service bargaining units. To mitigate ongoing pay problems and avoid such debacle in the future, PSAC is asking for key provisions to be put into our collective agreements.

PSAC is demanding a penalty clause in the collective agreement so that members are properly compensated when they are not paid properly or on time. Also, we want an end to the recovery of overpayments before an employee’s pay issues are completely resolved. Although PSAC has secured a temporary agreement to halt this practice, we want this protection permanently included in our collective agreements.

PSAC is also seeking reimbursement for members who are forced to seek accounting and financial management counselling due to pay problems cause by the Employer.

Finally, to avoid future disasters, we are asking for more and proper consultation before any technological changes are put in place affecting our members.

Extended parental leave

PSAC has proposed that members choosing the newly extended 18-month parental leave option receive a 93% top-up for the entirety of the leave period (i.e., combined maternity and parental leave lasting 18 months). Currently, members opting for the extended parental leave option receive a 93% top-up for the first twelve months (i.e., combined and maternity and parental leave), followed by an Employment Insurance payment of 33% of their salary for the next six months of parental leave.

However, the government is insisting on a new formula that would provide members taking the extended parental leave with only a 55.8% top-up for the parental leave period. This is a major concession and a stunning proposal from a “feminist” government that claims to support improved work-life balance.

Workforce Adjustment

PSAC is proposing to recognize years of service in a WFA situation, so that those with seniority are prioritized for alternate positions. Besides, our proposal seeks to ensure that when an employee is deemed to be in surplus, a guaranteed reasonable job offer will be made within a 40-kilometer radius.

In contrast, the government wants to open the door wide to relocating workers in the event of a workforce adjustment. This would create situations where workers would have to either uproot and move their families or lose their jobs without access to the WFA options.

What’s next

PSAC’s answer to this latest insult by Treasury Board is simple: while the report from the Public Interest Commission should be tabled anytime soon, we’re moving forward towards workplace action and a strike mandate until a fair settlement is reached.

Keep an eye out in your workplaces for upcoming information sessions and strike training. And make sure you’re getting bargaining updates by email.

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

FB Bargaining: Limited progress during second meeting

Photo of a BSO - Photo d'un ASF

The PSAC-CIU bargaining team representing the Border Services (FB) group met with Treasury Board/CBSA the week of February 25 for a second negotiating session towards a new collective agreement.

Harassment protections

In light of CBSA’s February 27 ‘Pink Shirt Day’ initiative to raise awareness about harassment in the workplace, the bargaining team reminded CBSA and Treasury Board that there are serious problems with abuse of authority and harassment by management in CBSA workplaces across the country. Considering these serious, ongoing problems, the union is looking for much greater protections against harassment from CBSA management in the next contract.

Telework

The bargaining team asked CBSA about its plans on telework and presented formal proposals for new collective agreement articles on the matter. PSAC-CIU has been pushing for years for greater access to teleworking opportunities for Trade Compliance officers and other non-uniformed personnel.

The team also reminded CBSA that, under the law, the Agency must consult the union and gain the union’s consent before moving forward with any changes in the current terms and conditions of employment. The Agency has effectively ignored the Treasury Board policy on telework for many years.

Maternity and Parental Leave

The union proposed a 93% top up for the new 18-month maternity and parental leave option introduced by the government in 2017. The employer rejected this but the bargaining team indicated it will continue maintaining this proposal.

Click here to review PSAC-CIU’s package of proposals as well as those of the employer.

The next negotiating session will be held the week of April 8. For more information visit psacunion.ca/fb

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