Facebook
Facebook

CBSA Summer Action Plan 2022: Information on grievances, and answers to frequently asked questions

Photo of CIU flag

The implementation of the 2022 Summer Action Plan (SAP) by CBSA in June of this year raises a number of questions for the union and its members.

As per the employer’s own documentation, the SAP was developed to respond to the anticipated summertime operational pressures on border operations—including a sharp increase in the volume of travellers—and aims to maximize resources while minimizing border wait times. Unfortunately, the measures introduced as part of the Action Plan fail to address long-standing issues within the Agency, including staffing shortages years in the making, and only serve to further stretch an already overworked and overloaded workforce.

As part of its response to the Plan, the union has recently filed a policy grievance. However, questions remain, and the following is intended to help both members and union representatives navigate different scenarios with regards to the SAP, as well as possible recourses where applicable.

When should members file grievances?

The SAP proposes a number of far-reaching measures—such as mandatory overtime, mandatory shift changes, and the denial of discretionary leave—and members may be faced with situations where they will want to file individual grievances. The following list covers a range of situations that the union considers to be grievable. As always, members should consult with their local union representative before filing a grievance, and should follow the ‘obey now, grieve later’ principle, unless facing an imminent risk to their health and safety.

A note about signing grievances

At all times, grievances should be discussed and signed in consultation with a local union representative or Branch President. All grievances regarding articles of the collective agreement need a union signature and a union representative participating in the grievance presentation. When in doubt on how to proceed, members should contact their Branch President.

FAQ – Mandatory Overtime

One of the union’s main concerns with the SAP is the threat of mandatory overtime. For more than two years now, CIU members have continued to fulfill their duties, protecting the border and serving the Canadian public despite challenging situations. The employer’s decision to force mandatory overtime on its officers as a solution to chronic understaffing is troubling, and the following aims to answer common questions about the ramifications of this policy.

FAQ – Shift change, sick leave and accommodation

Mental health in the context of the Summer Action Plan

The SAP introduces a number of measures that may have a detrimental impact on the health of our members. If you find yourself in a situation where you feel overwhelmed—be it due to stress, fatigue or anxiety—your union is there to assist you. As a CBSA employee, you and your family also have access to the Employee Assistance Program (EAP) through LifeWorks—be it for advice, counselling or treatment. LifeWorks offers 24/7 confidential assistance, and can be reached at 1.877.367.0809 (TTY: 1.877.338.0275). You can also go to https://login.lifeworks.com/ to create an account and get more information.

TB Bargaining: Proceeding to Public Interest Commission

PSAC’s fight for a fair deal is progressing as a federal labour board last week moved to establish a Public Interest Commission (PIC) to help advance negotiations for 120,000 PSAC members.

The Federal Public Sector Labour Relations Board called for the establishment of a PIC for the EB, PA, SV, and TC bargaining tables last week to help PSAC and Treasury Board reach an agreement.

This follows on the heels of PSAC declaring impasse in May after months of Treasury Board stalling in negotiations, culminating in Treasury Board’s insulting wage offer that’s completely out of touch with soaring rates of inflation. This in addition to proposals for further concessions left PSAC no choice but to declare impasse.

During the PIC process, PSAC will continue to fight for a strong agreement that includes fair wages, better work-life balance, job security and inclusive workplaces. The cost of living continues to soar, so PSAC is working hard to get a fair deal quickly.

To that effect, PSAC will be lobbying members of Parliament throughout the summer months to keep the pressure on, while also holding regional events for members to get engaged at this vital time.

How does a PIC work?

Under the law that governs contract negotiations in the federal public service, a PIC is established to help the parties reach an agreement once impasse is declared at the bargaining table.

The PIC is a panel of three people — a chairperson appointed by the Labour Board and nominees appointed by the union and the employer. Each side presents briefs to explain their positions on the outstanding issues at a hearing and the PIC issues a report with non-binding recommendations for reaching a settlement.

Once the PIC releases its report, the union will meet to discuss the recommendations at which point the parties typically return to the table to resume negotiations with the employer. While the timeline is largely dependent on availability of the three parties, we expect to receive the report at some point in the fall.

Stay informed, engaged

Your involvement as a member becomes increasingly important as negotiations advance. Here are some tools and resources to help you stay informed and engaged:

And please keep your contact information up to date via the member portal to receive all the latest bargaining updates.

This article was first posted on the PSAC website.

CIU, PSAC respond to CBSA’s Summer Action Plan, file policy grievance

Photo of CIU flag

On June 27, 2022, as part of our response to CBSA’s Summer Action Plan, PSAC filed a policy grievance on behalf of CIU members, asserting that the Canada Border Services Agency violated the FB collective agreement by unilaterally introducing the Summer Action Plan.

As per the grievance, the union is of the opinion that the policies and actions put forward by the SAP constitute an unreasonable exercise of managerial responsibilities and are in violation of the FB collective agreement, including but not limited to the clauses affecting hours of work, overtime, religious observance, vacation leave with pay, sick leave with pay, as well as Appendix B.

As a result, the union is seeking the following corrective actions:

  • A declaration that the employer’s policies are in violation of the FB collective agreement,
  • That CBSA adheres to the provisions of the collective agreement and rescinds the arbitrarily imposed new policies and rules related to shift changes, overtime, leave management, and overtime compensation,
  • That the union, and any member prejudiced by these new policies, be made whole, and
  • Any other corrective measures deemed appropriate under the circumstances.

The measures introduced as part of SAP are far reaching, and we understand that questions remain regarding the impact of the Plan on our members, as well as possible recourses. More information will follow in the coming days, including answers to frequently asked questions, along with guidance on the possibility of individual grievances in appropriate circumstances.

Delays at the border: CBSA lets border officers and travelers down

Airplane seen from above.

With no end in sight to delays affecting travelers at airports and border crossings across the country, it’s clear the Canada Border Services Agency (CBSA) has no plan to to get travel back on track anytime soon. This is only made more evident by CBSA’s recently announced Summer Action Plan (SAP) for 2022, which lacks any long-term fixes to address the lengthy delays and staff shortages that threaten to burden an already strained system for years to come.

“We’re concerned the measures proposed by the Agency will only serve to further inconvenience travelers and undermine border security,” said Mark Weber, national president of the Customs and Immigration Union (CIU). “Minister Marco Mendicino and CBSA must commit to a real plan and increase the number of border officers as soon as possible to prevent any further reduction in service for travelers.”

CBSA’s action plan is meant to relieve summertime pressures on border services, but it fails to address the root causes of the issues affecting CBSA workers and travelers across the country: chronic understaffing and an over-reliance on inefficient, automated technologies.

Instead, the plan focuses on poorly planned half-measures including mandatory overtime for officers, suspending non-essential training and exercises, lengthier assignments, reallocating dedicated enforcement teams, and even reducing or outright denying discretionary leave.

“Despite facing insurmountable challenges, border services officers have never faltered in their commitment to keeping Canadians safe throughout the pandemic,” said Chris Aylward, PSAC national president. “But the federal government clearly doesn’t recognize their contributions and the incredible strain they’ve been under. As we head into the next round of bargaining with Treasury Board and CBSA, improving staffing levels and working conditions will be key issues for our members.”

The troubling staffing issues and considerable delays at the border have been years in the making. CIU estimates that there is a total deficit of 1,000 to 3,000 officers at all levels of border operations. Yet CBSA and the federal government have chosen to continue to stretch an already thinned-out workforce. By discounting the physical and mental well-being of border services officers, the government only risks alienating and losing dedicated personnel.

“While Canadians are ready to start traveling again, CBSA is ill-equipped to deal with the surge in border traffic, and the government isn’t prepared  to address these issues effectively,” said Weber. “If the government wants to get serious about avoiding lengthy delays for years to come, the solution is simple: hire more officers, and rely on their expertise.”

FB bargaining: Team lays out priorities in first round of talks

Banner-FB-Bannière
Banner-FB-Bannière

The latest round of negotiations for PSAC-CIU members employed by CBSA kicked off when the FB bargaining team met with Treasury Board to exchange proposals on June 16 and 17. This followed the FB National Bargaining Conference, held in Ottawa from March 31 to April 2.

The team raised key issues this round including:

  • A commitment from Treasury Board to provide an early retirement regime comparable to other law enforcement agencies. This complements the work PSAC is doing with the Public Service Pension Advisory Committee.
  • New rights with respect to discipline and protections against forced overtime to address CBSA’s heavy handed management style.
  • Mechanisms that allow members to transfer to different ports and offices.
  • Rolling the paid meal allowance into salary and applying it to all FB members.
  • Job protections in the context of new technologies, contract workers, and student use.
  • Entrenching access to telework in the collective agreement.
  • New allowances for escort removal, dog handler, plain clothes, dry cleaning, and field coaching, as well as paid time for firearm practice.

The employer also tabled their proposals, which included reducing shift change notice from seven days to 48 hours, no weekend premium on overtime, and new restraints on access to care and nurturing leave. Management indicated they are interested in more “flexibility” for hours of work and identified “enhancing management authority” as a priority for this round of negotiations, which raises red flags for our team.

The FB bargaining team’s objective is to strengthen protections in the context of VSSAs, shift work, and hours of work for all FB members at CBSA and enhance protections against managerial authority. The team made it clear to the employer that they are looking for improvements that would make CBSA a better place to work, not concessions.

Wage proposals will be submitted at a future session once the employer provides payroll data. The team will be returning to the table in September.

Please be sure to keep your contact information up to date to receive all the latest updates about bargaining. If you have any questions, please contact your branch president or your PSAC regional office.

This article was first posted on the PSAC website.

ArriveCAN: A step in the wrong direction

Photo of CIU flag

On Wednesday, June 15, 2022, the National President of the Customs and Immigration Union, Mark Weber, testified in front of the House of Commons Standing Committee on International Trade as part of the Committee’s study on the potential impacts of the ArriveCAN application on certain Canadian sectors, highlighting the negative consequences of the application on cross-border travel and on the duties of border officers.

In his opening statement to the Committee, National President Weber was unequivocal: As far as Border Officers are concerned, the last few months have shown that ArriveCAN neither facilitates travel nor does it improve operational efficiency. In fact, it does just the opposite.

“Every Border Officer working on the frontline will tell you that the implementation of the ArriveCan application has seen processing times skyrocket” testified Mark Weber, pushing back against misleading CBSA figures. “Where a port of entry processed 60 cars per hour before, it now processes 30, if not less. At land borders, as far as traveler operations go, this means cars waiting for hours, and sometimes being redirected to another port further away. At airports, this means travelers piling up in and outside the customs area. In all locations, it translates into a frustrating experience for all involved.”

CBSA continues to rely on inefficient automated technology

Answering questions from Committee members, National President Weber also explained that while ArriveCAN was introduced to collect public health data, the application itself made the process needlessly complicated, and that simpler solutions ought to be considered. More importantly, the implementation of ArriveCAN has forced Border Officers to act more as IT consultants than law enforcement officers, further compounding the perennial issue of chronic understaffing at all levels of border operations.

Weber also took aim at CBSA’s poor use of technology, pointing out that the application “follows the same pattern of over-reliance on automated technology we have seen before with Primary Inspection Kiosks” resulting in a less efficient and less secure border.

Ultimately, if the government and its agencies wish to facilitate cross-border travel along with the flow of commercial goods in a safe and secure way, then ArriveCAN is a step in the wrong direction. “Technology certainly has its place” said Weber, “but it should be used to help travelers and assist officers, and not hinder them. By that metric, ArriveCan simply does not work”.

A recording of the Committee proceedings can be viewed here.

Government lifts vaccination policy for federal workers

PSAC logo SCFP
PSAC logo SCFP

Today, the federal government announced it will lift the vaccination policy for all workers in federally regulated workplaces as of June 20, and allow workers who’ve been put on leave without pay because of their vaccination status to return to work without restrictions.

Treasury Board has also asked Crown corporations and agencies to suspend their vaccination requirements, and contractors accessing federal workplaces will no longer have vaccination requirements.

“There’s no doubt we continue to support vaccinations as an important tool to protect workers and our communities from COVID-19,” said PSAC National President Chris Aylward. “But as public health guidelines have been lifted across the country, we’ve been urging the government to review and update their vaccination policy for federal workers.”

Unfortunately, the federal government did not consult with PSAC before making its decision to lift its vaccination policy. Unions should always be consulted on policies that have a major impact on the terms and conditions of employment of our members to protect their health and safety and their rights in the workplace.

Policy grievances for workers on leave without pay 

In March, PSAC filed policy grievances on behalf of our members who continued to be on leave without pay (LWOP) because of their vaccination status. We argued that continuing this measure was unnecessarily punitive.

Earlier this year, PSAC also launched policy grievances arguing the government’s policy placing full-time remote workers on leave without pay constituted an abuse of management authority because they posed no threat to the health and safety of their workplaces.

“Now that the government has lifted its vaccination policy, we expect members who were unfairly impacted to be compensated,” said Aylward.

This article was first posted on the PSAC website.

This National Public Service Week, you deserve better

National Public Service Week is an opportunity to recognize the outstanding contributions of federal public service workers over the past year.

It’s a time for the federal government – your employer – to thank you for everything you do.

There’s no doubt you’ve earned it. Faced with insurmountable challenges, you’ve risen to the occasion, never faltering in your commitment to helping Canadians when they needed you the most.

But this year, the government’s message rings hollow after we’ve seen how they’ve treated federal public service workers over the past year. Read the full statement from PSAC.

Pride Month 2022 — Flying the flag with pride

In honour of Pride Month, in recognition of the hard-fought victories of the LGBTQ2+ communities, and in support of the continuing fight against discrimination, the Customs and Immigration Union will be flying the Pride Flag for the duration of the month of June 2022.

For the first time in our union’s history, the Pride Flag is displayed prominently outside the CIU National Office, in Ottawa, serving both as a reminder of what has been won over the years, and of what remains to be done to end homophobia, transphobia, and biphobia across the country. Members of the LGBTQ2+ communities continue to face harassment and discrimination of all sorts, including in the workplace, and CIU is committed to fight for a safer, more inclusive work environment.

To our members who are facing a difficult situation at work due to discrimination based on gender identity or sexual orientation: Your union is here for you. Please contact us if you’re in need of assistance.

CBSA’s Summer Action Plan 2022 — A slap in the face to our members

Photo of CIU flag

Recently, the Canada Border Services Agency announced its Summer Action Plan (SAP) for 2022, seeking to mitigate anticipated summertime operational pressures on border operations. The Plan makes it clear that the Agency is well aware of the mounting challenges around issues such as an increase in the volume of travellers, higher border wait times, and improper staffing levels, all of which have a direct impact on a wide range of border operations across the country.

Unfortunately, far from offering long-term sustainable solutions to the very real issues affecting CBSA personnel and travellers from coast to coast, the CBSA’s SAP is an exercise in rushed and ill-conceived measures that only risks further damaging the already frayed trust between management and officers.

As per CBSA, the SAP is intended as an ‘all-hands-on-deck’ endeavour with the goal of ‘maximizing primary inspection line capacity’ until mid-September. Unfortunately, this will not be achieved through any real bolstering of actual staffing levels, but rather through measures such as mandatory overtime, mandatory shift changes, lengthier Primary Inspection Line assignments, and even the threat of reducing or outright denying discretionary leave.

For years, CIU has called upon the employer to increase the number of trained frontline officers instead of simply relying on a variety of technological measures to address issues at the border. Of course, we know that these measures — including automated Primary Inspection Kiosks, Remote Traveler Processing and, as we have seen in recent months, ArriveCan — often have the effect of making the border noticeably less efficient by lengthening processing times while also contributing to a decrease in border security.

Simply put, the CBSA’s Summer Action Plan is both a testament to the Agency’s lack of vision and a prime example of its complete disregard for the well-being of its officers. Over the last few years, Border Officers have worked continuously to serve their fellow Canadians and ensure the integrity and safety of our border, despite serious understaffing affecting ports of entry across Canada. This new Action Plan is a slap in the face to our members: By continuing to stretch an already thinned-out workforce, the Agency makes clear its willingness to endlessly sap the mental and physical health of its officers.

We cannot and will not let the Agency proceed unimpeded. At this time, even though the employer has already started implementing the Plan in parts of the country, we understand that not all officers will have been briefed by management.  We are also aware that the measures proposed under the SAP will be concerning to many of our members, and we are currently exploring all avenues to defend their rights and protect their health and safety. Further communication will follow in the coming weeks.

1...323334...88Page 33 sur 88
Facebook
© Syndicat des douanes et de l'immigration Customs and immigration union