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FB strike votes: Frequently Asked Questions

Image discussion FB PSAC-AFPC

The Border Services (FB) bargaining unit consists of over 9,000 PSAC-CIU members at the Canada Border Services Agency (CBSA), responsible for protecting Canada’s borders and the planning, development, delivery, inspection and control of people and goods entering Canada.

FB members have been without a contract for nearly three years, with our collective agreement having expired in June 2018. At the table, our bargaining team has been fighting for key issues, including parity with other law enforcement personnel across Canada, better protections against harassment and discrimination, and a fair remote work policy for our non-uniformed members.

CBSA’s refusal to budge on these core demands led the FB bargaining team to declare impasse in December. We’ve submitted and presented our dispute to the Public Interest Commission and are awaiting their recommendation. In the meantime, we’re holding a vote seeking a strike mandate from the membership to give our bargaining team the leverage we need to call a strike if necessary.

Any questions you may have about strike votes or strike action can be answered at the virtual vote information sessions and strike preparation courses that will take place before you vote. However, to provide you with as much information as possible ahead of time, PSAC has compiled key questions and answers for you.

Related content

This article has also been posted on the PSAC website.[

FB bargaining team: We need your vote to get the contract we all deserve

Image discussion FB PSAC-AFPC

Like you, we are all CBSA employees. Together, we have over 100 years of diligent service with the federal government. We care deeply about the work that we do, and we care about our coworkers. That’s why we got involved in the union in the first place, and that’s why we’re reaching out to you today about the most important decision we’ll all need to make this round of bargaining.

For over two years, we’ve been in negotiations for a new collective agreement with Treasury Board and CBSA. In the middle of negotiations, Canada and the rest of the world were engulfed by the COVID-19 pandemic. We – PSAC-CIU members at CBSA – have been on the front lines of that pandemic every single day, putting our health at risk to keep Canadians safe and our borders secure. From Programs Officers interpreting Orders in Council and Inland Enforcement Officers conducting removals to BSOs inspecting PPE and everyone in between, we’ve all played a critical part in protecting Canadians.

The importance of our work is undeniable. Public Safety Minister Bill Blair has publicly recognized our work during the pandemic on more than one occasion, while CBSA has frequently commended the work that we do to keep our borders secure.

Unfortunately, this praise seems to simply be empty words, because we haven’t seen that same recognition at the bargaining table.

When we make the case that we deserve parity with other hard-working law enforcement personnel across Canada – from wages to paid meal periods to issues related to firearms and other tools – we are told no. When we raise the dire need for pension reform at CBSA, we see no movement whatsoever from the employer. And with respect to our non-uniformed colleagues, who have been faithfully serving Canadians while working remotely throughout the pandemic, the employer still refuses to negotiate telework provisions into our collective agreement.

We’re also grappling with a toxic workplace at CBSA where we all work under the constant threat of heavy-handed discipline and abuse of authority. That’s why we need new protections in the context of discipline, harassment and whistleblowing in our collective agreement, but our proposals to protect employees have been denied.

Instead, CBSA is pushing for concessions – introducing a 48-hour shift change notice clause (instead of the current seven days), massive changes to scheduling and VSSA protections and changes to family care leave that would make it inaccessible to most of us and at the discretion of managers

The employer wants our jobs to matter more than our families when all they do is treat us like we’re all replaceable. We can’t stand for that, and we believe it’s time to make our stand.

Last month, we made our submissions to the Public Interest Commission, and they’ll provide their recommendations on our outstanding bargaining demands.

➡️  Read the full PIC submission

In the meantime, we’re fed up with the disrespect we’re all being shown by CBSA and the government, and we need to show them we’re ready to stand up to them to get the contract we deserve.

That’s why we – along with the PSAC National President and the CIU National Executive – have made the decision to conduct a vote to seek a strike mandate from the membership.

We’re asking you to vote YES to a strike mandate so that we can send a clear message to CBSA. Your support will give our bargaining team the leverage we need to call a strike if necessary.

Over the next few weeks, we’ll be giving you all the details you need about the process, how you can stay informed and take part in the vote. But we wanted to be the first to tell you – directly from the bargaining team – that this is our time to make real and meaningful changes at CBSA.

Stay tuned for more updates. If have any questions, please be sure to follow up with your CIU
Branch President or contact your local PSAC regional office.

We hope you’ll stand in solidarity with us and all CBSA staff so that we can reach a fair agreement with CBSA and Treasury Board. We’re all in this together.

Sincerely,

Jonathan Ross
Newfoundland/Labrador
St. John’s Airport

Joey Dunphy
New Brunswick
Edmunston POE

Claude Bouchard
Quebec Eastern Townships
St Armand POE

Ken Turner
Windsor Ontario
Ambassador Bridge

Frances Baroutoglou
Toronto Postal Operations

Charles Khoury
Headquarters – Ottawa

Mat Ashworth 
Northern Ontario
Rainy River POE

Michael Aessie
Manitoba
Commercial office

Leanne Hughes
British Columbia
Victoria Airport

Related content

This article has also been posted on the PSAC website.

PSAC condemns hate-motivated terror attack on London family

London vigil / Vigile à London

Salman Afzaal, Madiha Salman, Yumna Salman, Fayez Salman and Afzaal’s mother should have been able to walk safely together in their own neighbourhood. Family walks have been one of the few ways in which families can safely spend time together outside their homes during the pandemic.

Fayez, the nine-year old sole survivor of the domestic terror attack in London, Ontario, should not be mourning the loss of his parents, grandmother and sister. This horrific and shocking killing of a family is an immeasurable loss for not only the Muslim and London communities, but for all people in Canada. It is a stark reminder of how much we still need to fight Islamophobia in Canada.

Muslims, and especially Muslim women, routinely experience Islamophobia because of their faith. Since 9/11, Muslims have been portrayed by some politicians, media outlets, and right-wing groups as terrorists, violent and threatening “Canadian” values, which has led to an increase in Islamophobia. Islamophobic incidents include murder, online harassment, threats, violence, vandalism, and workplace discrimination.

PSAC condemns Islamophobia in all its forms and calls for municipal, provincial, territorial and federal governments to take urgent action against systemic Islamophobia. PSAC also supports the National Council of Canadian Muslims’ call for a National Summit on Islamophobia.

There is no place for hate, violence and Islamophobia in our union, workplaces and our communities. We must show our solidarity with Muslim communities and play an active role in the fight against Islamophobia and racism. We must name it, speak out, and take action when we witness it.

This article has also been posted on the PSAC website.

COVID-19 Update — Follow-up to question on use of 699 leave

Image of border crossing with the words "COVID-19"

The following message was sent by the Office of the Chief Human Resources Officer, Treasury Board of Canada Secretariat. 

We are following up on the question which was raised during our COVID-19 Update call on Tuesday.  With regards to requests from employees to take the child/person for whom they have a duty of care to get the COVID vaccine, our guidance to Departments is the following:

  • The employee should first try to schedule the vaccination appointment outside of work hours or work flexible hours to make up the time taken.
  • The employee can schedule family related leave to bring a child / person for whom they have a duty of care to the vaccination appointment.
  • If that is not possible and all Family related leave has been used, the employer could grant 699 leave for a reasonable time period to get the vaccine as this is related to COVID.

COVID-19: The employer must reconsider its position on close contact training

Image of border crossing with the words "COVID-19"

The following message was sent to the employer on June 2nd by Mark Weber, CIU’s 1st National Vice-President, and Co-Chair of the Policy Health and Safety Committee.

The COVID-19 pandemic has seen our Policy Health and Safety Committee commit a great deal of time and effort to ensuring that all CBSA employees are kept as safe as possible. We’ve accomplished much that’s positive, in circumstances where the planning and implementation of every preventative measure was an urgent matter. Most Departments within the CBSA have participated proactively in this work with us, making all we’ve had to address run much more smoothly.

Our experience working with Training and Development has been uniquely negative. We’ve repeatedly learned of scheduled training from our members, without it having first been brought to our Committee as mandated by the Canada Labour Code (CLC) and Canada Occupational Health and Safety Regulations (COHSR). We’ve been given documents to assess on the eve of training, only after insisting that they be provided. We’ve seen all they’ve developed ‘assessed’ at meetings of a health and safety ‘working group’, who we’ve learned keep no minutes, and whose composition we are entirely unaware of. We’ve been told repeatedly that everything in place was approved by a qualified person, only to learn that this is not the case. Procedures that include a 14 day quarantine period continue to be used to declare safe close contact training for employees who are not quarantining.

We recently asked to participate in a meeting with Health Canada, only to learn that the employer had the meeting without us. We were told that Health Canada will “never state that training is safe or unsafe”. Health Canada was only asked about the preventative measures in place, not the training itself. The truth is that no qualified person will say that it is now safe to ignore physical distancing, because it is not. Health Canada’s recommendation that training be reevaluated based on local pandemic conditions was ignored and again, the documents provided to Health Canada had the trainees quarantining, which is not what is happening for anyone other that our OITPs.

The odd justifications the employer side of our Committee continues to espouse for Training and Development are inexplicable given the business like, efficient manner in which all else connected to COVID has been dealt with. The culmination of this behaviour is the recent conclusion that it is not the role of the Policy Health and Safety Committee to determine when training is safe to resume, “it is ultimately management that determines the safety of training”.

The employee members of the Policy Health and Safety Committee do not believe that it is safe to resume close contact training, and we urge the employer members of our Committee to revisit their decision to recommend it. Should the decision be to forge ahead with close contact training, we ask that daily COVID testing be arranged for trainees and trainers.

No proper risk assessment has been conducted, no qualified person has assessed any of the risks associated with this training, and the first step of Part 122.2 of the CLC has been wrongly passed over. We remind the employer of their obligations under the CLC and COHSR, including Part 148 of the CLC.

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. 

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