Filing a complaint regarding COVID-19 exposure — Section 127.1 of Part II of the Canada Labour Code

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CBSA is refusing to allow the submission of Lab 1070 Hazardous Occurrence Investigation Reports when employees are exposed to the virus responsible for COVID-19, a hazardous substance.

If this happens to you, we recommend that you:

  • Fill out the Hazard Complaint Report form; and
  • Email that form and the 127.1 Complaint to your immediate manager, c.c.’ing your CIU Branch President and the Co-Chair of your Workplace Health and Safety Committee.

Please be sure to retain a copy of both the form and the email for your records.

Thank you for all you do to protect Canadians and let’s keep doing everything we can to keep each other safe.

COVID-19: Mental health resources to cope

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Many people are struggling with their mental health during this difficult time. If you are overwhelmed, under significant stress, or having any mental health difficulties, PSAC has published a list of resources to assist you.

Guidance – Gatherings in the workplace

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The following is from the Treasury Board of Canada Secretariat.

In the context of COVID-19, gatherings have been discouraged in order to limit the spread of the virus and guidelines have been developed for event organizers and planners to make decisions.  Numbers of people constituting a gathering in this context has been reduced from 250 to 50 by the Public Health Agency of Canada, and even 5 in certain provinces.

As long as employees or visitors to the workplace are not required to be in close contact with each other, such as in a meeting room, a waiting area or a boardroom, the situation is not considered a gathering. Both the Public Health Agency of Canada (PHAC) and Health Canada’s Public Service Occupational Health Program (PSOHP) have provided specific advice which applies to the workplace. General advice includes:

  • increasing awareness about COVID-19;
  • evaluating the workplace for areas where people have frequent contact with each other and shared objects;
  • increasing the distance between desks and workstations or spreading employees in office areas;
  • adding signage for visitors and restricting access to people with symptoms; and
  • ensuring frequent cleaning, providing access to handwashing areas and placing hand sanitizing dispensers in prominent locations.

We reiterate that managers are to consider on-site work only if the work meets the definition of critical service and working remotely to support it is not feasible.

The above interpretation is in line with instructions from national and local health agencies as of March 22, 2020. Evaluations of each workplace, in collaboration with the departmental OHS policy committee, the departmental workplace committee or the health and safety representative, can assist in ensuring that the guidance provided by PHAC and PSOHP (Health Canada) is applied and can support managers in determining how to continue delivering critical services as required.

Guidance – Working remotely, including telework

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The following is from the Treasury Board of Canada Secretariat.

The Government of Canada has asked that employees, at all work sites, work from home whenever and wherever possible, and that managers identify an approach that is flexible while ensuring continued critical government operations and services to Canadians. I know that departments and agencies are actively exercising this flexibility to limit the number of employees working on-site, thereby contributing to the efforts to contain the outbreak and prevent further spread. As you are aware, a number of departments have also activated their business continuity plans (BCPs) in response to the evolving situation with COVID-19.

Whether or not you have activated your BCP, request that employees working remotely who are not supporting critical operations, service and program delivery, limit their use of the network according to departmental guidance.

In cases where a manager determines that working remotely is not at all possible, non-critical employees will be eligible for “other leave with pay” (code 699). Students, casuals and terms less than three months who are not providing critical services are also eligible for this leave subject to the conditions indicated in my March 18, 2020 message here.

This guidance remains in force until April 10, 2020, and will be reassessed closer to the date based on how the situation is evolving.

Network usage for critical and non-critical services

BCP guidance and directives to departments do not stipulate how network resources should be used to support employees performing critical and non-critical services.

Appropriate network usage to maximize availability for priority users is a decision at the discretion of each Deputy Head. Any decision should be taken in consultation with the departmental Chief Information Officer (CIO) and Chief Security Officer, who are supported with the latest network capacity updates from Shared Services Canada and the Treasury Board Secretariat’s Office of the Chief Information Officer.

In all cases, please refer to network usage best practices that were shared in my message from March 13 here or consult with your CIO.

On-site critical services

Managers are to consider on-site work only if the work meets the definition of critical service and working remotely to support it is not feasible.

A critical service is one that, if disrupted, would result in a high or very high degree of injury to the health, safety, security or economic well-being of Canadians, or to the effective functioning of the Government of Canada. All departments are required to identify their respective critical services and related supporting resources. For more information, please refer to the Policy on Government Security.

Given the nature of the crisis, your existing list of critical services may not be up to date. If you have not done so already, I invite you to revise it accordingly and to identify redundancy for the highest demand jobs, to account for possible absences or to prevent burnout of staff should the situation persist.

By contrast, an essential service is used to determine which positions must continue to provide service during strike activity. Essential service agreements are agreed to with the bargaining agents. No current essential service agreements exist for the vast majority of public service organizations.

As before, please continue to refer to the Information for Government of Canada Employees (with advisories and messages for employees) and Canada.ca/Coronavirus websites.

A message from Chris Aylward, PSAC National President

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I am reaching out to all of you to express my deep gratitude to our members who are on the frontlines of this pandemic and to all who continue to sustain critical government services.

The situation has been evolving swiftly and dramatically and our union has been working tirelessly to protect members and their families. We are doing everything we can to keep safe those who are required to go into the workplace, and those who are teleworking. We are insisting that supports be put in place for those who are most at risk. We are also working to protect those who are physically vulnerable at this time. We know that precarious workers are facing hardship and have joined with others to press for income assistance. Northern and Indigenous communities are also at great risk because of difficult living conditions and limited access to health care.

We are in daily communication with employers across the country and we will continue to work closely with them to ensure your safety, and that of the public.

This is a time of exceptional solidarity—a time when our members are engaged in an all-out effort to fight the pandemic and ensure that Canada and Canadians are as safe and supported as possible. Thanks to all of you—border officers, Service Canada personnel, correctional services workers, university personnel and healthcare providers, and so many others—our country will get through this crisis.

Given the constantly changing situation, please continue to listen to the advice of public health authorities and follow their guidance and directives. Let’s all continue to support those who need help.

PSAC has developed some resources to help you and we will be developing more as needed. Please make sure to follow our social media accounts for regular updates.

If you require the assistance of your union, you can contact us online.

The leadership and staff of the PSAC, alongside your local, Component and regional leaders, are committed to doing all we can to support members and communities during this challenging time.

In solidarity,

Chris Aylward
PSAC National President

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

COVID-19 — A look at all that has happened this week

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The past week has seen unprecedented events take place, with new measures to address the ongoing COVID-19 crisis being announced on a daily basis. To say that the impact on border services and our membership has been significant would be an understatement. The current situation has been taxing on all of us. As you continue to work hard to ensure the security of your fellow Canadians, it is important to remember that your union is there to support you, both locally and nationally.

At the national level, our representatives have been in daily contact with CBSA upper management. The positive, constructive relationship that the CIU National President has established with the Minister in the last week has had tangible impacts on the measures announced since by the Canadian Government:

  • We brought up the issue of flagpoling as an example of a practice that unnecessarily monopolized important resources. Yesterday, CBSA made it clear that the practice would be stopped for the duration of the crisis.
  • We flagged the lack of quarantine for people crossing outside of official border crossings, such as Roxham Road. In response, mid-week, Minister Blair announced a quarantine plan (the government has since also announced that irregular migrants would be sent back to the U.S. for the time being).
  • Earlier this week, we raised our members’ concerns with non-essential travellers being allowed into Canada from the U.S. at land borders. We were glad to see the Canadian and American governments working together to put in place a solution, which is scheduled to come into effect tonight.

Union representatives have been working diligently to make sure the employer provides an adequate amount of personal protection equipment (PPE) across the country. Thanks to union pressure, CBSA confirmed that PPE should be used in all modes, by all front-line personnel, and they are looking at creating a guide to ensure PPE is used properly.

For those required to self-isolate, your union has been in contact with management at all levels to clarify the use of 6990 leave when required. As well, local Branch representatives across Canada have been participating in OHS meetings to keep informed of latest COVID-19 developments.

Throughout the week, PSAC has been providing guidance and support on different matters, including health and safety. In addition, the Alliance was instrumental in pushing Treasury Board to clarify the meaning of the term ‘critical services’.

As this week draws to a close, we are witnessing never before seen changes to how our border operates. These are challenging times, and the role played by our members is critical. Take care of yourselves and of one another, and reach out to your union for support whenever necessary. We will keep you updated as things progress.

PSAC welcomes government measures to support workers

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In addition to those in the federal public service, PSAC represents many workers in our universities, gaming sector, security industry, and at national airports. Many of these members are facing layoffs and fearing pay interruption due to the health crisis caused by the spread of COVID-19.

Federal and provincial governments have announced a range of measures to mitigate the impact of the pandemic on individuals and the economy. Many of these measures address short-term needs and are a direct response to the deficiencies in our support systems, however the governments’ actions are urgently needed and we welcome them. For more information, please see the following list of measures announced (to date) designed to support workers, on the PSAC website.

Bargaining: TC group PIC report identifies wage gaps, allowances and occupational group structure as places for movement at the table

Bargaining

A positive Public Interest Commission (PIC) report has been issued for the TC group recommending the employer move on several important issues raised by your bargaining team. The report names a number of TC’s priorities such as closing wage gaps, parity with CFIA for EGs, increased allowances, and movement on the archaic classification system as areas where the employer can improve its offer. Though the report does not recommend everything in our proposals, its support of key issues demonstrates the union’s demands have been fair and reasonable.

Wage Gaps

Similar to the PA PIC report, TC’s PIC report points to general wage increases and special adjustments as being a major issue that has halted negotiations. It recommends the employer address wage rates if it expects to reach a tentative agreement with the TC group. PSAC expects a fair wage offer that does not require our members to buy allowances for some members out of the overall wage increases for all.

Parity with CFIA for EG Group

The PIC report acknowledged the wage discrepancy between those classified as EGs in the TC group and their counterparts at the Canadian Food Inspection Agency (CFIA). In 2018, your union signed an MOU with Treasury Board stating that there is no difference between EGs at CFIA and at those in the TC group. However, there is still a 3.3% salary gap between those different EGs. The PIC recommends that this gap be addressed.

Allowances

The PIC report recommends allowances for the following groups:

  • Transportation Inspectors at Transport Canada and the Transportation Safety Board
  • Fishery Officers
  • Environmental Enforcement and Wildlife Officers
  • EGs and TIs at fleet maintenance facilities and Workshop 202
  • Search and Rescue Coordinators and Hover Craft Crew members at Canadian Coast Guard
  • Labour Affairs Officers, and
  • Technical Inspectors at Measurement Canada

The report does not recommend specific amounts, nor suggests movement for all groups the union has tabled allowances for. However, PSAC welcomes the recommendation for movement on these specific allowances.

Occupational Group Structure

The PIC also recognized the importance of implementing new job evaluation standards. The employer has already missed several deadlines to put in place a new structure and classification system. Though the employer wants another extension until June 2021, the PIC recommends that the employer offer more and urges the employer to have new standards in place before the next round of bargaining. PSAC is seeking substantial penalties, payable from the beginning of 2020, for the employer failing to have the new standards ready for this round of negotiations.

Next steps

Although National President Chris Aylward has authorized strike votes for the TC bargaining unit, all strike votes are currently suspended until March 30. At that time the union will re-evaluate whether to continue the suspension or resume the strike votes.

Despite the suspension of votes, PSAC will continue to bargain for all units currently in negotiations.

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

Thank you – A message from the National President

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Sisters and Brothers,

These are difficult times around the world.  While everyone continues to do their part, I want to take a moment to thank CIU members for stepping up to the plate and facing challenges brought on by COVID. Many of you are at the front line on a daily basis and are doing your part to keep Canadians safe. I can assure you that this has not gone unnoticed. Travellers, the general public and I’m sure your own family members are proud of the work you are doing – as am I. I spoke with the Minister this morning and he is also impressed your good work.

I know that I can continue to count on all of you. Please know that you can also count on me, on the members of the CIU National Executive, on the members of the CIU National Board of Directors, and on the employees of the CIU National Office as we continue to ensure every measure is put in place to protect your health and safety.

Let’s continue to take care of one another as we stand united!

Jean-Pierre Fortin
National President
Customs and Immigration Union

Critical services and exceptions to telework

CIU Flag / Drapeau du SDI

As the government has moved to address the COVID-19 pandemic, the definition of “critical” services has played a significant role in determining which operations must continue uninterrupted, and by extension which ones must continue being conducted from the workplace rather than home.

Communication from government employers and media has used terms like “essential” alongside words like “critical” and it has created some confusion for members looking to understand how their managers are making decisions and how it will impact working conditions. It has also been clear to many that telework directives have not been applied universally or at the same speed across departments and agencies in the public service. It is extremely worrying for many since this will have significant implications on their health & safety, family life, and overall wellbeing.

We can confirm that PSAC President Chris Aylward and the heads of other federal unions have asked Treasury Board to clarify the meaning of the term “critical service” and how managers are to make staffing decisions based on these designations. Treasury Board has agreed to address this in their upcoming directives.

Essential and critical are not the same thing

The term essential services is meant to be used to describe which employees must continue their work in the context of collective bargaining and potential labour disruptions. Whether a worker has been designated as essential in the past has no part in determining whether they must work from home or the workplace during this global pandemic.

What if I disagree with my manager’s decision?

Some members have reported that they have been asked to continue their operations from their workplace but that they feel they could just as easily do the work from home. In other cases they have been asked to go into the workplace to continue work they don’t think is necessary for critical government operations.

In these cases PSAC would urge members who cannot reach a resolution with their manager to speak with their local union or a representative from their component union for support.

If you are asked to physically go into work you and feel that the appropriate precautions aren’t being taken by the employer, you have the right to refuse dangerous work.

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