FB bargaining: Team wraps up case at Public Interest Commission

The FB bargaining team presented PSAC’s arguments for compensation parity with other law enforcement agencies across Canada at Public Interest Commission hearings May 10, 18, and 20. The team also made the case – repeatedly – that there are serious problems with harassment and abuse of authority at CBSA that need to be addressed.

As per the Federal Public Sector Labour Relations Act, the FB bargaining team filed for conciliation earlier this year when it became clear that the employer was not prepared to seriously address outstanding issues, including parity with other federal enforcement agencies.

The FB team also raised the need for new rights for employees, particularly as they pertain to discipline, hours of work and telework for non-uniform personnel. Our team was clear: CBSA management cannot be trusted, and FB members need better protections.

Download: PSAC’s PIC brief

Employer position

The employer responded to the team’s wage position by stating that it is inappropriate to compare members of the FB bargaining unit – including Inland Enforcement, Investigations, Intelligence and Border Services Officers – with other large law enforcement organizations such as municipal, provincial and federal police forces. The employer has indicated that there are no recruitment or retention issues at CBSA. The employer also asserted that FB-2s work as ‘trainees’, that management heavy-handedness is not a problem at CBSA and that telework protections for non-uniformed employees should not be included in the collective agreement.

FB members deserve parity

The FB team fiercely opposed all the employer’s claims. From skeleton staffing at ports of entry to officers being asked to handout recruitment flyers to the public at certain ports, clearly there are recruitment and retention problems at CBSA. As for comparator groups, our position is that a majority of PSAC/CIU members at CBSA are armed law enforcement personnel, and that compensation and other rights need to reflect this reality.

FB members have been on the front lines of the pandemic for more than 14 months. Our members have worked to keep Canada’s borders secure and Canadians safe, and deserve to be treated with respect by the employer.

Next steps

The PIC will now provide its recommendation based on the hearings.  Unlike arbitration, the recommendation is non-binding. While the legislation provides for the PIC to issue its recommendation within 30 days of the hearing, the chair may extend that timeline.

National town halls

As we prepare for the PIC recommendation, it’s important to get up to speed on the key issues at the table and learn more about the next steps in our mobilization efforts.

PSAC-CIU will be holding additional virtual town hall where you’ll hear from Customs and Immigration Union (CIU) National President Jean-Pierre Fortin and PSAC national negotiator Morgan Gay who will provide important information and insight into the bargaining process, the Public Interest Commission, and our key demands at the table. You’ll have an opportunity to ask questions or raise concerns at the end of the meeting.

French FB town hall  
May 26, 6 p.m. EST
Register now 

English FB town hall  
May 27, 6 p.m. EDT
Register now 

This article has also been posted on the PSAC website.

May 17 — International day against homophobia, transphobia, and biphobia

May 17 banner (Int. Day against homophobia, transphobia, biphobia)

Together: Resisting, Supporting, Healing

On May 17th and every day, we fight for justice as a global issue, resisting, supporting and healing together. Gains made in the fight for LGBTQ2+ rights over the past few decades are fragile, and the work towards an inclusive and equitable future continues.

Canada’s labour movement must be at the forefront of the fight to protect the rights of LGBTQ2+ communities. We cannot be strong as a labour movement unless we are strong in all our communities and in ourselves.

Globally, there is an increase in discrimination and violence towards LGTBQ2+ communities. From attempts to ban trans people from playing sports  and denying gender-affirming care  in the US, to the fight against police brutality and systemic discrimination in Nigeria, to anti-LGBTQ2+government measures in Poland, Hungary, Bulgaria and Romania . Just recently, Alireza Fazeli Monfared was brutally murdered in Iran over his sexuality.

COVID-19 continues to expose the many systemic inequities and barriers faced by marginalized populations. Many members of LGBTQ2+ communities are experiencing a reduction in access to healthcare services, increased stigma, discrimination, violence, abuse, isolation and increased unemployment during this crisis. Indigenous, Black, and racialized LGBTQ2+ people, and those with disabilities, have been disproportionately impacted by the pandemic.

Canadians are not immune to homophobia, transphobia and biphobia. Advocacy and education around the rights of trans people remains a contentious issue as trans people continue to face increasing levels of discrimination and violence. Legal battles for access to gender-affirming care for teens and children in Canada remains an issue. The blood donation ban unfairly targets men who have sex with men, gender non-conforming people and transgender people. And despite this, the recent federal budget contained no funding to address issues of inequality for LGBTQ2+ people in Canada.

PSAC continues to fight for LGBTQ2+ rights and we have won some notable victories in recent years. We continue to advocate for more inclusive workplaces by bringing issues affecting LGBTQ2+ workers to the bargaining table, fighting to include HIV prevention medication and gender-affirming health care into extended health plans, advocating for gender inclusive washrooms in workplaces, and more.

May is the first month of PSAC’s ongoing Pride celebrations. Join us in support of LGBTQ2+ justice.

Get involved:

This article has also been posted on the PSAC website.

FB group: Register now for national town hall meetings

PSAC-CIU will be holding additional virtual town hall meetings to give FB members the latest updates and outline our next steps as we ramp up to mobilize for a fair contract.

In this town hall we will hear from Customs and Immigration Union (CIU) National President Jean-Pierre Fortin and PSAC negotiator Morgan Gay who will provide important information and insight into the bargaining process, the Public Interest Commission, and our key demands at the table. You’ll have an opportunity to ask questions or raise concerns at the end of the meeting.

You deserve a contract that recognizes your incredible dedication to Canadians and brings your salary and benefits fully in line with law enforcement agencies across Canada. This is your opportunity to learn how your bargaining team is fighting to make that happen.

French FB town hall 
May 26, 6 p.m. EST
Register now

English FB town hall 
May 27, 6 p.m. EDT
Register now

Regional town halls are also being organized and will take place after the national town halls. We’ll send out dates and details when they’re available.

This article has also been posted on the PSAC website.

Show your support on Bear Witness Day

Bear witness day banner

Bear Witness Day is a day both to show support for First Nations youth and to call on the federal government to address the longstanding discrimination faced by First Nations children.

While PSAC welcomes the commitments made in the 2021 budget, more federal funding is needed to close the socio-economic gap faced by Indigenous Peoples in Canada. First Nations children are frequently left waiting for services or worse yet, denied services that are available to other children. This includes adequate education, healthcare, childcare, recreation, culture and language services.

PSAC has been working to protect and defend the rights of all Indigenous Peoples in Canada for decades. They deserve full human rights, fundamental freedoms, and social infrastructure in their communities. The union represents many Indigenous members, including workers on First Nations reserves. At our last Triennial convention, delegates unanimously passed a resolution urging the union to support Bear Witness Day.

Bear Witness Day Background

On May 10, 2016, the Canadian Human Rights Tribunal directed the federal government to fully implement Jordan’s Principle, marking it as Bear Witness Day.

Jordan River Anderson was born in Norway House Cree Nation in Manitoba with complex medical needs. He was placed in hospital in Winnipeg where he needlessly spent years waiting for the federal and provincial governments to decide who would pay for his home care. He died in hospital when he was five years old, having never spent a day in his family’s home. Cindy Blackstock and the First Nations Child & Family Caring Society have worked tirelessly to ensure that this would never happen to another Indigenous child.

The pandemic has further exposed the many systemic inequalities experienced by First Nations people. The situation for First Nations children is now even more dire. In January 2021, data showed that the rate of reported cases of COVID-19 in First Nations living on reserve was 40 per cent higher than the rate in the general population. The virus has also worsened the mental health crisis among First Nations youth.

This year, it is even more important to support First Nations communities as many struggle to recover from the pandemic and continue to face inadequate levels of funding for social services.

Show your support for First Nations children on May 10th – Bear Witness Day:

  • Take part in the  online screening  of Spirit Bear and Children Make History.
  • Hang out with your bears or favorite stuffed animal at home. Ask loved ones in your home to participate too. You can let your neighbors know that you are participating in Bear Witness Day by placing your teddy bear or a drawing of a bear in your window.
  • Host an online  teddy bear tea party  or bear birthday party to honor Jordan River Anderson and to learn about  Jordan’s Principle .
  • Spread the word and post photos on social media using the hashtags #JordansPrinciple and #BearWitnessDay
  • Learn about the importance of Jordan’s Principle by reading  Spirit Bear’s Guide to the Truth and Reconciliation Commission Calls to Action .
  • Learn more about Spirit Bear and Jordan’s Principle by downloading and reading  Spirit Bear and Children Make History .
  • Watch the documentary Jordan River Anderson, The Messenger  to learn more about Jordan’s Principle. This documentary is available to watch for free through the National Film Board.

This article has also been posted on the PSAC website.

UPDATED — FB bargaining: Public Interest Commission dates set for May

PSAC-CIU and the employer will appear before a Public Interest Commission (PIC) hearing May 10, 18 and 20. Both sides will present their arguments on the outstanding issues at the table, and then the Commission will prepare a report with its recommendations to reach a settlement.

Talks broke off in December when the FB bargaining team declared impasse over Treasury Board and Canada Border Services Agency’s refusal to address the key issues raised in negotiations.

Updated May 10, 2021:  The PSAC’s PIC brief is now available.

How a Public Interest Commission works

By law, once impasse is reached, a Public Interest Commission is established to help the parties reach an agreement. The Commission is a panel of three – a chairperson agreed upon by both parties or, if no agreement is reached, appointed by the Labour Board, as well as nominees appointed by the union and management.

The union and the employer both submit briefs and explain their positions on the outstanding issues at a hearing. The Commission then provides its recommendations for both parties to reach an agreement. Unlike arbitration, the Commission’s recommendations are not binding.

Once the PIC releases its report, the FB bargaining team will meet to discuss the recommendations. Typically, bargaining teams and the employer return to the table to resume negotiations after the PIC.

Get the latest updates on bargaining throughout the PIC process by signing up for the PSAC’s newsletter, checking out the FB page or our website.

Article originally published on March 4, 2021. This article is also available on the PSAC website

Take action to support FB members in bargaining

Employment Opportunity — Labour Relations Officer — Term position

Photo of CIU flag

The Customs and Immigration Union (CIU) is seeking to hire a full time Labour Relations Officer (Band 11) with extensive experience to be staffed on a full-time determinate basis (four months with possibility of extension).

Applications will be received until close of business on May 19, 2021 (5:00 p.m. EDT). Please see the full posting here (PDF) for more information about the position, the associated duties and requirements, and on how to apply.

2021 Convention Documents

2021 CIU Convention Banner

Documents intended for Convention attendees are available through the Convention Documents Download Centre.

Minister Blair signs off on joint CIU and CBSA anti-racism initiative

Photo of CIU flag

Joint statement on anti-racism: We can do better together

We — the Minister of Public Safety, President and Executive Vice-President of the Canada Border Services Agency (CBSA), and the National President of the Customs and Immigration Union (CIU) — are standing together to reiterate our commitment to eliminating systemic racism.

We recognize that all workplaces should be respectful, free of harassment and discrimination. The events of 2020 have reinforced our commitment and sharpened our focus on the reality of systemic racism. We need to do more to address and strive to eliminate racism in the CBSA workplace and workforce.

Acknowledging the problem is only the first step. We are now turning our attention to working together to deliver positive and lasting changes.

Today we are coming together to take action. The CBSA senior management has recently established an Agency‑wide Task Force on anti‑racism. The Task Force is developing an anti‑racism strategy that takes a whole‑of‑Agency approach to tackle systemic racism within the CBSA by listening, learning and taking action.

Additionally, an initiative proposed by the CIU is making headway. Last spring, the Minister of Public Safety, the President of the CBSA and the CIU agreed that anti‑racism training should be developed for all CBSA employees. The CIU National Executive identified a group of dedicated members who will work with the CBSA HR team and Anti-Racism Task Force to develop that training as well as de‑escalation training for frontline officers. These efforts are aimed at fostering positive and respectful interaction amongst CBSA employees and with the diverse clientele they serve at facilities and ports of entry across the country.

Canada has a long history of colonialism that continues to have a big impact on Black, Indigenous and other racialized communities. But today we step forward together to demonstrate our commitment to real change.

CBSA employees stand guard at the longest land border in the world. Our efforts to eliminate systemic barriers will benefit Agency employees and better support the public and travellers we serve every day.

As we move forward, we encourage all of you to become familiar with the initiatives and resources that will be introduced in the coming months, and to join us in standing in solidarity with all peoples, particularly those who have experienced racism and discrimination.

Bill Blair
Minister of Public Safety and Emergency Preparedness

John Ossowski
President, CBSA

Paul MacKinnon
Executive Vice-President, CBSA

Jean-Pierre Fortin
National President, CIU


CIU also wishes to thank the members of the union’s working groups on anti-racism and de-escalation training for their continued work and efforts.

CIU anti-racism working group

Co-Chairs:  Joey Dunphy and Murray Star

Members:

  • Jenny Mathelier
  • Neha Sarao
  • Lisa Morgan
  • Tacia Kilty
  • Sukhpreet Singh Heir

CIU de-escalation training working group

Chair:  Rick Savage

Members:

  • Ben Hurdle
  • Paul Finn
  • Rildo Gutierrez
  • Mike Fraser

Asian Heritage Month: United in the fight to stop Asian hate

Stop Asian Hate sign

Asian Heritage Month is traditionally an opportunity for Canadians to recognize the incredible contributions and achievements of people of Asian descent who have helped shape Canada. Their contributions and challenges are often overlooked in the media, schools, and other mainstream institutions, even though they make up the largest racialized community in Canada.

This year’s celebration has been overshadowed by repeated – and often violent – anti-Asian racist incidents across Canada and the rest of the world during the pandemic.  Many racist attacks have been fuelled by longstanding racist stereotypes about people of Asian descent.

The horrific mass shooting in Atlanta this March is just the latest in a string of disturbing racially motivated violence in Canada and in the U.S.

In Canada specifically, there has been a sharp rise in anti-Asian hate over the past year, leaving many people afraid of doing everyday activities such as going to get groceries or even walking through the park. A new report by the Chinese Canadian National Council highlights 1,150 cases of racist attacks in Canada from March 10 to December 31, 2020. Even children and the elderly have been physically assaulted.

In Vancouver, incidents of anti-Asian hate crimes increased by over 700 per cent in 2020, while in Ottawa and Montreal, anti-Asian hate crimes increased by 600 and 400 per cent, respectively. Asian women—uniquely hypersexualized and marginalized—also continue to bear the brunt of this racism and misogyny, making them more vulnerable to violence.

The recent surge in Anti-Asian hate in Canada has given rise to demands from powerful voices from people of Asian descent for the federal government to take concrete and immediate action. PSAC joins them in calling on the government to:

  • Strengthen the federal government’s anti-racism strategy to include and specifically address incidents of anti-Asian racism;
  • Increase funding for the Anti-Racism Secretariat to make it permanent, independent and with a focus on anti-Asian racism;
  • Develop a stronger mandate to collect race-based data that is intersectional and examines subgroups within the very diverse Asian communities;
  • Eliminate employment barriers for people of Asian descent to get jobs or be promoted in the federal public service, including recognition of international qualifications.

We all have a role to play in the fight against anti-Asian racism and all other forms of racism in Canada. We must take action and challenge racism when we witness it in our communities, our workplaces, our union and at home. If you need support addressing racism in your workplace, reach out to your union representative.

Celebrate the voices of people of Asian Heritage

People of Asian descent are at the forefront of addressing anti-Asian racism, including collecting and documenting the incidents of Anti-Asian racism in Canada and providing support for those who experience it.

You can play a small but vital part in the path towards dismantling systemic racism by listening to the challenges faced by people of Asian descent in Canada during our upcoming webinar and learning more about their contributions through our digital history series that will be released throughout May.

This article has also been posted on the PSAC website.

Phoenix: Damages ruled taxable as Treasury Board refuses to cooperate

CRA sign

After months of waiting, the Canada Revenue Agency (CRA) has rejected our request to review the taxability of Phoenix damages. This is directly due to Treasury Board’s refusal to provide CRA with a joint statement of facts which corrects CRA’s understanding of the purpose of our damages settlement agreement.

In an April 27 letter from the CRA, the Agency states:

As discussed in our meeting on February 3, 2021, we consented to reconsider our position only if the Employer and PSAC provided us with an agreed-upon statement of facts. As this did not happen, we have not considered any of the assertions in your draft statement of facts.

After numerous requests for Treasury Board’s cooperation, and direct appeals to Minister Duclos, they have refused any and all cooperation on the matter.

“It’s clear they’re still angry that PSAC forced them to deliver a better deal for our members,” said PSAC President Chris Aylward.

“They’re frustrated that they have to honour the top-up clauses signed with the other unions to match our general damages agreement, and now they’re taking it out on PSAC members by sabotaging attempts to get a positive tax ruling.”

Tell Minister Duclos to stop blocking CRA from reviewing their decision!

Our union carefully worded the agreement to reflect a wide range of impacts suffered by PSAC members, including for “stress, aggravation, and pain and suffering” and for the late implementation of collective agreements. There is a strong precedent of damages for those purposes being deemed non-taxable by CRA. The tax treatment of the general damages should reflect the purpose of that compensation as outlined in the agreement.

It is unacceptable that Treasury Board refuses to affirm these facts. Instead they informed CRA that the agreement’s purpose is to resolve a policy grievance between the employer and the union – something that may be true for other unions, but not for PSAC’s damages agreement.

We will not let this stand without a fight.

While we continue to explore every legal avenue to appeal CRA’s decision, please take a moment to join our efforts by sharing your outrage directly with Minister Duclos and the Prime Minister.

Our goal is to ensure all PSAC members receive the full compensation they deserve and that we avoid any time consuming and complex tax disputes for individual members. We are also pushing Treasury Board to expedite the availability of the claims process for all former members and retirees who are still waiting to receive their Phoenix general damages.

We will provide additional updates to members about this ongoing work as we move forward.

For more information about Phoenix damages, please check out our FAQ.

This article has also been posted on the PSAC website.