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“We’re inundated with managers”: National President addresses Standing Committee on Public Accounts

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On February 29 and March 5, 2024, CIU National President Mark Weber addressed the House of Commons Standing Committee on Public Accounts (PACP) as part of the Committee’s work related to the Auditor General’s report on ArriveCAN.

In his opening statement on February 29, the National President did not mince words, highlighting CBSA management’s lack of accountability — along with its tendency to retaliate against employees and its arbitrary internal investigative and disciplinary processes — and noting that the “glaring disregard for basic management practices” uncovered by the Auditor General was far from a surprise for those acquainted with CBSA management.

“The situation within the Security and Professional Standards Directorate, responsible for internal investigations, is especially egregious, with the directorate showing little understanding of the basic principles of procedural fairness” said Mark Weber. “Reform is badly needed to ensure the integrity of a process that should be fair, transparent, and unbiased, and yet is anything but.”

At the subsequent meeting on March 5, the National President answered questions from Committee members, touching on a wide range of subjects, including CBSA’s focus on facilitation and automated technologies such as ArriveCAN, which undermines the security of Canadians by removing crucial interactions between officers and travellers.

Committee members also heard about the overly broad CBSA code of conduct, the two-tiered approach to discipline between officers and managers, and the perennial issue of understaffing, which CBSA exacerbates by hiring more and more managers instead of frontline officers. “We’re already inundated with managers at CBSA” told Weber to the Committee, highlighting that “you could go the next decade without hiring another manager and you’d likely still have too many”.

The overarching message to the Committee is clear: CBSA and the federal government must learn from the ArriveCAN debacle and seize this opportunity to change course. Canadians are owed an agency built on solid principles where the frontline is properly supported to ensure the security of all.

See selected clips below. A full recording of the Committee proceedings can be viewed here (February 29) and here (March 5) (with interpretation language options).

PSAC files policy grievance for issues with Canada Life

PSAC has filed a policy grievance against Treasury Board for the poor management of the transfer of the Public Service Health Care Plan (PSHCP) to Canada Life, which has impacted tens of thousands of federal public service workers covered by the plan. We are also in the process of following suit against employers in other affected bargaining units. The policy grievance argues that the employer’s actions violated the collective agreement by implementing the transition without regard for the rights of all members to a functioning health care plan, and did so in a manner that violated the human rights of workers based on the grounds of disability, family status, age, sex, and/or or gender identity and expression.

On July 1, 2023, the federal government transferred the administration of the PSHCP from Sun Life to Canada Life for over 1.5 million current and former public service workers and their families. Almost immediately, members began dealing with significant issues, including the interruption of their benefits, the inability to contact the insurer, long delays and arbitrary and wrongful denial of claims.

Some members had to make the difficult decision to stop their medical treatments because they could not afford to pay out of pocket and wait for the eventual reimbursement by Canada Life. An apology from Canada Life or the federal government is not enough to redress the harm already caused, as well as the harm members continue to experience.

PSAC is seeking remedies for the problems the transition caused, including but not limited to the following:

  • a declaration that the employer has violated the collective agreement;
  • an order that the employer compensate members for all harms experienced since the transition to Canada Life, including:
    • general damages for all employees for the stress, aggravation, and pain and suffering they experienced;
    • damages for impacts to those who experienced financial losses;
    • damages under the Canadian Human Rights Act for adverse effects experienced on the basis of prohibited grounds.

How your union can help 

PSHCP Appeal Process 

If you have experienced issues with coverage or your claim has been denied by Canada Life, follow the PSHCP appeal process. You can find more details about the process through the Plan’s administration authority. Any issues related to the denial of a claim or coverage under the Plan, or if you received a lesser reimbursement than expected should be appealed, not grieved.  If you grieve these issues, it will take substantially longer to resolve. Please see the FAQ link below and/or contact your steward, a member of your union local executive, or your component labour relations officer if you have questions about whether your situation should be appealed or grieved.

In limited situations you may be able to file a grievance 

If you experienced delays or other hardship because of Canada Life’s administration of your claim, you may be able to file a grievance against the employer. A grievance may be appropriate where Canada Life failed to process a claim or provide reimbursement within a reasonable time or where you were unable to contact them in a reasonable time, leading to financial hardship, delayed treatment, or some other adverse impact on you. The grievance process takes substantially longer than the appeals process and a grievance on a denial of benefits will be rejected and you will be directed to appeal.

If you are unsure whether your situation should be grieved or appealed, please consult our Canada Life FAQ for more information.

If you have experienced delays because of Canada Life’s administration of your claim and you would like to file an individual grievance, please contact your steward, a member of your union local executive, or your component labour relations officer to discuss it.  Click here to find out how to contact your union.

If you are a retiree, you can appeal through the PSHCP appeal process, but the grievance process is not available to you unless the problems you experienced occurred while you were an employee.  The National Association of Federal Retirees represents retirees under the PSHCP and any questions about recourse should be addressed to them.

You also can write to your Member of Parliament to pressure Treasury Board President Anita Anand and Minister of Public Services and Procurement Canada Yves Duclos to take accountability for improving health benefits for PSAC members. We have prepared a pre-written letter for members and encourage everyone to send one.

This article was first posted on the PSAC website.

“Solutions to border problems must involve officers”: National President addresses Standing Committee on Public Safety

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On Monday, February 26,  2024, the National President of the Customs and Immigration Union, Mark Weber, addressed the House of Commons Standing Committee on Public Safety and National Security as part of the Committee’s study on the growing problem of car thefts in Canada.

The issue of stolen vehicles being exported from the Port of Montreal has received much attention in the last months, with many solutions being proposed by political leaders. Yet, as the National President stressed in his opening remarks to the Committee,  “no effort was made to find out from the officers working on the frontline what was required to facilitate examinations” to help curb the issue.

“If anyone had asked the question, they would have been told that a lack of space is the primary factor impacting the volume of examinations performed at the Port of Montreal,” explained the National President to the Committee, highlighting that “this is yet another example of what the Customs and Immigration Union has been flagging for a long time: Solutions to border problems must involve the officers who perform the work on a daily basis. Once again, we are seeing solutions either proposed by people who have never done the work or adopted under the advisement of individuals who have never done the work.”

This is situation is truly unique within the realm of law enforcement. “Whereas senior officials in most law enforcement organizations have some level of frontline experience, that is not the case at CBSA” explained the National President. “The result is an unparalleled disconnect between the upper echelons and the frontline.”

The National President also discussed the dire need for more frontline officers, concluding that “investment in personnel — in people — is paramount. Even where personnel issues may not be the primary factor, the ability of the Agency to protect Canadians and adapt to new challenges rests on a properly staffed frontline.”

See selected clips below. A full recording of the Committee proceedings can be viewed here (with interpretation language options).

PA Group: Update on Occupational Group Structure review 

Treasury Board informed PSAC they will be making changes to the Program and Administrative Services Occupational Group Structure (OGS) review timeline and next steps due to their continued inability to meet the target date of June 24, 2024. Treasury Board is unable to provide a new target date at this time.

The OGS review is an effort by Treasury Board to modernize classifications in the core public service by updating and replacing outdated occupational group definitions and job evaluation standards. This work is intended to align classification groups, many of which are decades old, with the work of today’s public service. Members working in the federal public service can find out more by visiting the Classification Renewal GCintranet page (only accessible for federal government employees).

PSAC’s longstanding objectives on classification reform continue to be:

  • Replacing the current, outdated Treasury Board classification system;
  • Developing job evaluation standards and job descriptions that reflect current work realities and that are compliant with pay equity standards.

PSAC is pursuing a policy grievance on Treasury Board’s lack of meaningful consultation, and we are awaiting a hearing date.

PSAC will continue to ensure that consultation takes place and that our members are kept informed throughout the process.

Preparations underway for PA conversion 

Departments and agencies of the core public administration are preparing for the PA conversion by making sure all information related to positions in human resources systems is accurate and up to date, and that job descriptions are ready to be evaluated.

PA group members may receive updated job descriptions or may be asked to comment on proposed job descriptions. We encourage you to contact your union local or PSAC component for guidance if you have concerns about your current job description.

How will this affect my job classification? 

At this point, the employer has not completed its job description evaluation, so we do not know how individual positions will be classified under the new system.

Later in the conversion process, PA group members will receive advance notice of the anticipated classification of their positions from their human resources departments. We will provide members with information on what to expect before this stage in the process begins.

For now, you can find a high-level overview of the anticipated composition of the new PA sub-groups in our previous update.

We will keep you updated as the implementation moves forward. You can also reach us with your questions at PA-OGS@psac-afpc.com.

This article was first posted on the PSAC website.

“A glaring disregard for basic management practices” — Auditor General on ArriveCAN

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The Auditor General of Canada’s February 2024 report regarding the procurement process around the ArriveCAN application is as scathing as it is unsurprising for anyone familiar with management at the Canada Border Services Agency.

While the report focuses mainly on the contracting and development aspects of the application, much of what the Auditor General’s office found will surely resonate with CIU members who are all too well acquainted with the Agency’s bottom-of-the-barrel labour relations practices.

In her opening statement to the House of Commons Standing Committee on Public Accounts, the Auditor General noted the “glaring disregard for basic management practices” uncovered during the audit.

As our members know, this disregard for proper managerial procedures is deeply embedded within the Agency, often with little consequence for the managers. Be it in terms of the profound lack of accountability found at all management levels, of the tendency to retaliate against employees for speaking up, or of the poorly run, arbitrary internal investigative and disciplinary processes — CBSA management’s track record speaks for itself. While keen on punishing its lower-level employees at the slightest allegation, the Agency is known to turn a blind eye to far more serious breaches within management.

It should come as no surprise, then, that the procurement process that led to the Agency’s ArriveCAN application would be fraught with issues. And it should come as no surprise that the resulting product has been found to be of poor value to Canadians. What should also be stressed is how this poor value extends far beyond the mere economic aspect. ArriveCAN, in its current form, actively undermines the security of Canadians by removing crucial interactions between officers and travellers. It is the cornerstone of CBSA’s ‘border modernization’ strategy, which focuses entirely on facilitation with no thought for the safety and security of our communities.

With important security matters at the forefront of national discussions — stolen car exports, gun smuggling, the opioid crisis — it is especially galling to see the Agency squander in the worst possible way nearly $60 million on an app that ultimately does very little. It is irresponsible for the Agency leadership and for the federal government to inject such funds into a project of this kind instead of hiring much needed additional staff or seeking to improve existing infrastructure, which would bring real value to Canadians.

This is to say little of the Agency’s decision to spend dozens of millions of dollars on the private sector instead of choosing to invest in its workers and reinforcing their capacity to act on behalf of Canadians. At a time where our members are being nickeled and dimed at the bargaining table, this is nothing less than a slap in the face.

CIU members are proud of the work they do to serve Canadians and of their role as Canada’s first line of defence. Yet CBSA management’s actions continue to cast a shadow on the organization as a whole. The Auditor General’s report brings to light what many of our members have known for a long time, and we call on CBSA President Erin O’Gorman to seize this opportunity to overhaul the Agency so that debacles of the sort are no longer the norm.

Employment Opportunity: Digital Communications Specialist (indeterminate position)

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The Customs and Immigration Union (CIU) is seeking to hire a bilingual Digital Communications Specialist to be staffed on a full-time indeterminate basis.

Applications will be received until close of business on March 8, 2024 (5:00 p.m. EST). Please see the full posting here (PDF) for more information about the position, the associated duties and requirements, and on how to apply.

Celebrating Black History Month 2024: Honouring Black labour leaders

February is a time to celebrate, reflect upon, and honour the significant contributions of Canadians of Black, Caribbean or African descent. This year, PSAC is taking the opportunity to highlight the importance of Black leaders in our unions and our communities and renew our support for the Black Class Action’s ongoing fight to eliminate racism and discrimination in the federal public service.

Honouring Black labour leaders: Shaping the union landscape 

The rich tapestry of Black history within the labour movement is interwoven with stories of determination and groundbreaking leadership. Black labour leaders have played a pivotal role in championing workers’ rights and influencing positive change in Canada. Their contributions have not only advanced the rights of Black workers, but also paved the way for greater inclusivity for all.

Throughout history, Black leaders within PSAC also led transformative initiatives, negotiated fair contracts, and advocated for policies that promote equality and justice in workplaces across Canada. Their commitment laid the foundation for workplaces that recognize the value of equity and diversity. There is still work to be done and PSAC acknowledges this ongoing journey through the Anti-racism action plan.

Spotlight on the Black Class Action lawsuit: Advocacy and justice 

Black federal public service workers have advanced a historic class action lawsuit to highlight the systemic discrimination, racism, and inequality within various sectors of the Federal Public Service.

The Black Class Action lawsuit serves as a means of advocacy, shedding light on the barriers Black workers face in the workplace and seeks to compel all major Canadian institutions to be accountable for their actions. This is an important legal step towards a larger conversation on the importance of reparations.

PSAC continues to call for the federal government to settle the lawsuit on behalf of tens of thousands of Black federal public service workers who have faced decades of discrimination and lost career advancement opportunities.

How you can get involved 

  • Educate Yourself: Take the time to learn more about the history of Black labour leaders and their contributions to shaping the union landscape iShare Stories: Throughout the month, black labour leaders from PSAC will share their insights regarding Black History Month. Use your platforms to amplify the stories of Black leaders, shedding light on their accomplishments and the challenges they’ve overcome.
  • Support Black Class Action: Stay informed about ongoing initiatives and lend your support to efforts aimed at addressing systemic issues within the workforce.

Together, let’s support the continuous efforts of Black workers in creating workplaces that are healthy, safe, and free from discrimination for everyone. 

This article was first posted on the PSAC website.

CIU National President tours Manitoba Branch

Last week, CIU National President Mark Weber toured the Manitoba Branch, meeting with members from all over the province. Accompanied by FB Bargaining Team member Mike Fraser as well as Manitoba Branch President Kyle Hudson, the National President had the opportunity to hear from members in Winnipeg, Sprague, South Junction, Piney, Tolstoi, Windygates, Winkler, Gretna, Emerson, Snowflake, Crystal City, Cartwright, Lena, Lyleton, Coulter, Goodlands, and Boissevain.

During these visits, members received important information on union affairs and bargaining matters, as well as (and perhaps more importantly) new union swag. National President Mark Weber is thankful for the warm welcome and valuable feedback from the Manitoba membership, and looks forward to meeting with members from other Branches.

Interested in having the National President and a member of the Bargaining Team tour your work location? Talk to your Branch President!

Border Services in Saint John to shift to weekday, daytime only operations: “CBSA has given up” says union

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OTTAWA, January 18, 2024 — The Canada Border Services Agency (CBSA) recently announced that it would only staff border services operations in Saint John, NB, on weekdays during daytime hours, eliminating the long-established, regular presence of border officers in the evening, on weekends, and on holidays.

This decision, which affects travellers, commercial, and marine operations, comes at a time of considerable growth for the Port of Saint John and the surrounding community. Tourism is up, marine trade is flourishing, and new rail lines are being built. The Port itself has undergone a significant modernization process, with Prime Minister Justin Trudeau visiting the updated installations this past January 17.

By eliminating the presence of border officers outside of weekday daytime hours, CBSA clearly goes against this trend, threatening to undermine both the economic growth and the security of the Saint John community.

“CBSA will say that their decision reflects the demand for service by the Port and the Saint John community, but this does not take into account post-pandemic volumes and completely ignores security issues,” said Customs and Immigration Union National President Mark Weber. “The last two years have seen CBSA and RCMP officers perform some of the largest drug seizures in the history of the Port” explained Weber, adding that “protecting the border is not just a 9-to-5, Monday-to-Friday operation. It’s 24/7. The Agency should be increasing its presence in Saint John, not decreasing it.”

The Agency’s decision is not unique to Saint John, as other ports of entry face similar staffing and scheduling challenges. “It’s as if the Agency has given up and simply accepted that they will never be able to properly staff ports of entry with current federal funding,” said Weber. “It’s insulting to our members, to border personnel. Their job is to protect Canadian communities, to interdict dangerous goods and offenders. We really need the federal government to ensure border services can operate adequately at all times.”

“It’s concerning that the federal government finds it acceptable that the Agency, which runs the second-largest law enforcement force in the country, would choose to only staff daytime, weekday shifts. Imagine if the RCMP announced they no longer worked weekends — how would Canadians react?” asked Weber.

Happy Holiday Season!

On behalf of the CIU National Office, I wish you and yours a safe and joyous Holiday Season and hope the New Year will bring you health, happiness and peace.

In solidarity – Mark Weber, National President

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