COVID-19: An update from the National President

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

Brothers and Sisters,

In the past 48 hours, a lot has happened regarding the COVID-19 situation, with new measures being announced frequently and with little detail on how this would impact our membership. In that time, the CIU national leadership has been working hard to get further clarification from the employer to ensure our members would get adequate guidance and equipment to undertake their duties.

The union is therefore glad to report that the office of the Minister of Public Safety and Emergency Preparedness reached out to CIU to discuss measures currently in place. This is an encouraging development, and we welcome this openness to cooperation.

We raised several issues with the Ministry, first of which was our members’ concerns with the government continuing to allow non-essential travellers into Canada from the U.S. at land borders. At the outset, we made our position clear that, in terms of security, the union considers that we are at a stage were the country’s safety would benefit from restricting the entry of non-essential travellers at land borders as well as in airports.

Despite our position, we are sensitive to the circumstances the Minister must contend with. Cross border communities are well established across the two countries, and the Canadian government is trying to work collaboratively with the United States. People work in one country and live in the other. Given the recommendations in both countries that individuals stay at home, self-isolate, and keep at a safe distance from others –  in addition to the closure of non-essential services (theatres, libraries, etc.) – the Canadian government expects the flow of non-essential travellers into Canada will dry up on its own. That being said, they are continuing to monitor the flow and, if non-essential travel does not decline, they will consider options.

We generally agree with the Minister that a balance also needs to be struck regarding trade. There could be severe repercussions for Canadians if food products and other items are prevented from crossing the border.

The union also stressed that our officers are the first line of defense of the country, and as such should be considered as First Responders. This status would go a long way in recognizing the integral role they play in the current situation and in general. We also brought up the need for an adequate number of Personal Protective Equipment at all ports.

We have heard from a lot of members that the practice of flagpoling must stop. We agree and said as much.

Lastly, we discussed the challenges posed by the situation at Roxham Road and COVID-19. We are glad to see that, following this morning’s meeting, the Minister announced this afternoon that asylum seekers crossing irregularly would be quarantined.

In closing, this is a highly unprecedented situation, and I continue to be proud of our members who are there to ensure the safety of Canadians everywhere. Take care of yourselves.

We will make sure to keep you informed should there be new developments.

In solidarity,

Jean-Pierre Fortin
National President
Customs and Immigration Union

COVID-19: Statement by the National President on further measures announced

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

Sisters and Brothers,

While yesterday afternoon’s announcement by the Prime Minister regarding increased measures at the border is a step in the right direction to ensure the safety of Canadians, it is still not entirely clear what the operational ramifications will be for our officers. Our national representatives met with CBSA upper management yesterday in order to better understand the situation as it stands. Following our meeting with CBSA, here is what we know, beyond what has been announced in the media:

  • The ban announced by the Prime Minister took effect at 00:01;
  • Personal protection equipment (PPE) should be allowed in all modes, for all front-line personnel. CBSA will look into creating a guide to ensure PPE is used properly;
  • Medical notes will not be required;
  • Anyone not ill that has to quarantine themselves because of vacation or work travel will be granted 6990 leave for 14 days, backdated to the date of arrival in Canada, even if they have worked since their return;
  • Officers and employees who live in the United Stated and who are not ill will be exempted from the 14-day requirement;
  • Employees who cannot work out arrangements (such as shift change or getting assistance from a spouse or an immediate family member) and need to take care of their children will be granted 6990 leave;
  • Any operation – non-critical as well as critical – that can be done remotely will be done remotely;
  • Courses at Rigaud will be delayed after the current cohort has completed its training;
  • Flagpoling, training, telephone reporting, escorting, operations at land borders, marine operations – all of these have not been addressed by CBSA at this point. We stressed the importance of CBSA providing clear guidelines for all employees, and we’re hopeful that the employer will address this in a timely manner.

We realize that the situation remains uncertain for many of our members across the country. It is not an easy situation to navigate, and we are proud to see our members across the country continue to handle this emergency with aplomb. We will continue to put pressure on the employer to ensure that all our members have the support and the guidance they need.

We cannot emphasize enough the need to use the recommended protective equipment – goggles, N95 masks, gloves – for all front-line personnel, and we are glad to see that the employer agrees with us about the necessity of personal protective equipment in all modes. Our members are the first to interact with travellers on Canadian soil, and play a first-line role in the defence against this virus. In looking out for the safety of their fellow Canadians, it is also important for all involved in the response to this challenge to take the necessary measures to ensure their own.

Moving away from the border, we are also glad to see that Treasury Board is encouraging Federal employees to work from home if they can. We realize this may have little impact on those of our members who are on the front-line, but it is a positive development for our Brothers and Sisters elsewhere in the federal workforce.

As always, we will keep you updated as things progress. The situation is quite fluid at the moment, and remains subject to change.

In solidarity,

Jean-Pierre Fortin
National President
Customs and Immigration Union

Statement of the CIU National President on COVID-19 and measures at the border

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

Sisters and Brothers, the Customs and Immigration Union is monitoring closely the ongoing COVID-19 situation.

We are conscious that the current state of affairs is concerning to all CIU members, be it for the safety of their family or their own well-being. A large number of CIU members are active on the front lines, where they encounter travellers frequently, and where safety is paramount.

We have called on the government repeatedly to improve current measures to ensure proper screening and mitigate risk to our officers, our members, and Canadians everywhere. While our working relationship with CBSA regarding the current pandemic remains fair, we are disappointed in the lack of overall information and guidance provided by other parts of the federal government. We are working diligently to get clear information from CBSA and other agencies on what this unprecedented situation means for all affected members. In terms of recent developments, we now know that international inbound flights will be restricted to certain airports, although exact locations have not been confirmed yet.

At this time, all members should follow established safety protocols. Front line personnel should wear proper equipment, including masks, gloves, and goggles. Stay home if you are sick. We are steadfast in our discussions with management that any preventative quarantine time should be at the employer’s expense, and we are calling upon CBSA management to allow teleworking for all employees who reasonably can. We encourage you to review your rights at work. Contact your Branch President or your local health and safety representatives for assistance.

On the union side of things, we are also taking measures to ensure the safety of our members, our elected officials, and our employees. PSAC has already announced that strike votes and union events are suspended, and we are following suit. Our own union events, such as the upcoming meeting of the National Board of Directors in early April, have been cancelled for the time being.

Again, it bears repeating that the situation is evolving extremely quickly, and information is subject to change. We will make sure to keep you updated based on the information that is available to us.

Jean-Pierre Fortin
CIU National President

COVID-19: Your rights at work [updated April 3]

hand washing

Note: This article is being updated regularly by PSAC. Please visit the following page for updated information.

Who is at the highest risk of contracting the virus at work?

Front line workers in direct contact with the public are at the highest risk. This may include airport personnel, border services and immigration employees, teaching assistants, passport offices employees, healthcare staff etc. Anyone who comes in close proximity with a possibly infected individual could be at risk for contracting the coronavirus.

What are the employer’s responsibilities and my rights in the workplace?

There is a general duty on all employers to take all reasonable precautions to prevent harm to employees in the workplace. Employers should have a detailed plan in place to deal with this pandemic and specific protocols, including providing personal protective equipment for workers and the necessary training to use and dispose of that equipment. The approach must be proactive and focus on the protection of the worker.

PSAC is urging all employers to focus on the steps that will be required should the situation escalate within Canada. Employers also have a responsibility to provide appropriate education and training to all of their employees.

Under health and safety legislation, employees have the right to refuse dangerous work.

Workplace health and safety committees have a legal right to participate in the development of any workplace prevention and preparation strategies dealing with the virus.

For more information, consult the Canadian Centre for Occupational Health & Safety.

If you have any questions or concerns about your health and safety at work, speak to a member of your PSAC local or a health and safety representative in your workplace. You can also reach out to your PSAC regional office.

What kind of leave can I take if I am quarantined or forced to self-isolate?

The employer has agreed to our demand to use “other leave with pay” rather than force our members to use sick leave. Treasury Board has said:

Employees that are required by public health officials to self-isolate, if in good health and able to work, will be asked to discuss with their managers the option to telework. If that is not possible, the employees will be granted “other leave with pay (699 code)” as per their collective agreements.

In the event that your collective agreement does not provide alternatives to sick leave as mentioned above and your employer is refusing to grant you paid leave, you are entitled to take sick leave if you are quarantined. Refer to your collective agreement for details.

If you do not have any (or not enough) paid sick leave, you can take unpaid job-protected leave. The Canada Labour Code provides up to 17 weeks of job-protected medical leave. Many provinces have such leave under their employment standards legislation. You can claim Employment Insurance (EI) benefits for periods off work due to illness if your employer doesn’t pay for your sick leave. The Liberal government has recently announced a change to the rules for Employment Insurance (EI) so that workers affected do not have to serve the waiting period to claim EI sick benefits, as well as other measures to help employers and employees. For more information, visit Government of Canada takes action on COVID-19.

If you contract coronavirus at work, you may be able to file a claim for workers compensation benefits. These types of claims were made by healthcare workers during the SARS outbreak. For more information contact your provincial or territorial workers compensation board or speak to a union representative in your local, PSAC regional office, or component.

The union is urging all employers to be flexible in allowing employees to take paid and unpaid leaves or to allow employees to work from home if possible.

Can I telework to avoid exposure to the virus, or if I am ill or quarantined?

PSAC has urged all employers to allow telework wherever possible and Treasury Board has now committeed to being “as flexible as possible” in granting leave and other provisions for our members . They have issued the following statement:

Managers are to consider telework for all employees, at all work sites, and identify an approach that is flexible while ensuring continued critical government operations and services to Canadians.

Federal organizations must identify and determine how to manage through exceptional situations that do not lend themselves to telework such as: critical services requiring on-site presence; security limitations; other operational imperatives where there are no alternatives.

However, if you are ill, you should not have to work, but instead have the right to take sick leave.

In workplaces where telework is not possible, the employer must either allow you to take leave for quarantine or illness and take all necessary measures to ensure that your workplace is healthy and safe in accordance with health and safety legislation.

As well, COVID-19 may be considered a “disability” under human rights legislation, which would then require employers to accommodate you to the point of “undue hardship”. For more information, contact the Canadian Human Rights Commission or your provincial/territorial human rights commission (if you do not work in the federal public service or under federal jurisdiction).

What can I do if my children’s school or daycare is closed?

Treasury Board has said that if employees cannot work because their children cannot attend school or daycare due to a closure or because of attendance restrictions in place in relation to the coronavirus situation, employess will be granted “other leave with pay” (699 code).

The above provisions for disruption of school and daycare operations related to the coronavirus will remain available to employees and managers for the duration of the disruption in the respective jurisdictions but will be reassessed by the Employer on April 10, 2020. 

What rights do I have if a family member is affected by the virus?

Many collective agreements contain provisions for family-related leave. Refer to your collective agreement to determine your entitlements. As well, the Canada Labour Code and employment standards legislation in many provinces and territories contain provisions for job-protected family responsibility leave. If the illness becomes serious, you may also claim benefits for Compassionate Care Leave under your collective agreement and Employment Insurance.

If you are required to take care of a  family member with the virus who is a dependent and you have made reasonable efforts to self-accommodate, the employer may be required to accommodate you up to the point of undue hardship (i.e. flexible work schedule, reduced hour, a different work schedule..etc..). The usual obligations on the employer on the duty to accommodate apply.

Mental health

For government employees: contact the 24-7 Employee Assistance Program (EAP) or your departmental coordinator, access care through the Public Service Healthcare Plan (PSHP), or use the nationwide Specialized Organizational Services (SOS).

What do I do if I face discrimination at work?

If you face discrimination as a result of:

  • Having to be in quarantine due to real or perceived illness/disability
  • Being out of the workplace due to illness or taking care of sick family
  • Being stereotyped or harassed because of your race or ethnic origin
  • Any other negative treatment due to a ground of discrimination under human rights legislation

you should speak to your local or component representative about the possibility of filing a grievance and/or human rights complaint.

Members of Asian communities in Canada and around the world have been facing racism and discrimination as a result of misinformation and stereotypes about the communities perceived to be associated with the virus. We want to remind everyone that fear or confusion about this virus should never lead to stereotyping or negative comments or actions towards people because of their race, ethnicity, or place of origin (see the PSAC Anti-Harassment Policy and the Statement on Harassment).

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

COVID-19: PSAC strike votes and union events suspended

CIU Flag / Drapeau du SDI

Strike votes

As the number of reported cases of the coronavirus rise in Canada, it is important that PSAC take precautions and act proactively to safeguard the health and safety of our members, as well as the Canadian public. In keeping with recommendations from both local and national health authorities, the union has made the difficult decision to suspend activities that would require a large gathering of members.

Strike votes in particular will be suspended until March 30, and at that time the union will re-evaluate whether to continue the suspension or resume the strike votes. This includes the over 120,000 PSAC members of the Canada Revenue Agency, Treasury Board, and Parks Canada bargaining units. We must put the wellbeing of our members and all Canadians first at this critical time.

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

For updates on the 2019-n-CoV/COVID-19 situation in Canada, please visit: Government of Canada (Public Health Agency of Canada) – 2019 Novel Coronavirus infection: Outbreak update

PSAC events

Some large gatherings will also be postponed for the time being. This includes the upcoming 2020 PSAC National Women’s Conference that was set to take place in Ottawa from April 3 to 5.

Should additional events be postponed, the union will be in touch directly with any participants that have registered for events and will update members on scheduling changes.

To ensure the safety of our members, we also ask that smaller gatherings like local meetings, committee meetings, and regional activities be conducted remotely via teleconference or video conference wherever possible, or postponed.

We will be updating our national website and social media as the situation develops.

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

A message from the National President to CIU members regarding the CSN

CIU Flag / Drapeau du SDI

Sisters and Brothers,

We have been informed that several CIU members received a message from the CSN (UBO-SAF-CSN). The message was an invitation to join their union and it was sent to our members at their personal email address or to their CBSA mailbox.

Many of you complained that you did not provide your personal email address to the CSN and you objected to receiving this information at work.

Let me assure you that we take the CSN’s actions very seriously. Confidentiality of your information and your security is paramount to us. Only the CIU as your union and the PSAC as your certified bargaining agent are entitled to have and use the list of CIU members and their contact information. Neither the CIU nor the PSAC has shared this information with the CSN.  We are conducting an investigation to identify the source of the leak and we will react accordingly.

Insofar as the use of the employer’s network is concerned, I believe CIU members are well aware that they are not permitted to use it for union-related matters. In fact, this is considered a breach of the Values and Ethics Guide (Electronic Monitoring Policy) which can result in discipline. We will let the Agency conduct its own investigation as it seems that their list of employees was shared with the CSN. For members who are upset by this situation, we ask that you contact the Agency.

It appears to us that the CSN is using its website and the electronic card posted there to collect the personal and professional information of CIU members and is using this information without members’ consent, to create a CSN database.

CIU members’ concerns regarding the raid itself as well as suggestions we have received to counter the CSN are being examined and we will be providing you with an update on this in the near future.

In the meantime, and if you have questions about the raid, the CSN, have information about the data leak, or if someone from the CSN reaches out to you either at home or at work, please contact your Branch Executive, the National office or send us an email at raid-maraudage@ciu-sdi.ca.

The FB bargaining team is back at the table next week and an update will be provided before March 13. We will also keep you apprised of possible legal avenues regarding the use of your personal information.

Now more than ever, we need to stay united. Let’s not get distracted by the CSN and its raid campaign. That’s what the CSN wants. What we want is to negotiate the best possible contract for you and to continue fighting for your rights.

In solidarity,
Jean-Pierre Fortin
National President
Customs and Immigration Union

PSAC celebrates women’s power to create change

International Women’s Day is a time to look back on the victories and struggles that have led to greater gender equality in Canada and around the world. It is also a day to remember that there is still much more work to be done to achieve equality for all women.

Throughout our history, PSAC has fought and achieved significant improvements for women at the bargaining table, in the courts and through mobilization and action. PSAC remains committed to breaking through the barriers faced by all women, including racialized women, Indigenous women, lesbians, bisexual women, trans women, non-binary people and women with disabilities.

In celebration of International Women’s Day, we sat down with some of PSAC’s women leaders to talk about why it’s so important for women to join their union.

Despite the incredible victories women have achieved through their union, we need your support to overcome the challenges that still stand in the way of gender equality.

On this International Women’s Day, let’s call on the federal, provincial and territorial governments to:

  • implement all recommendations from the Calls for Justice;
  • implement the recommendations of the Truth and Reconciliation Commission;
  • commit to a plan for affordable, high-quality childcare;
  • integrate an intersectional approach to the implementation of the National Action Plan to end gender-based violence;
  • ensure pay equity legislation is enacted effectively;
  • provide workers with 10 paid days of domestic violence leave;
  • ratify International Labour Organization Convention C-190; and
  • increase funding and access to women’s shelters and sexual assault support centres.

PSAC women have won groundbreaking advances in pay equity, the first-ever collective agreement clause providing sexual harassment protection, paid maternity and parental leave, same sex benefits, domestic violence leave and much more.

We encourage all women to get involved in their union – because together, we have the power to create lasting change!

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

Phoenix damages : everything you need to know about what we are negotiating

PSAC rally in front of Parliament

Much of what PSAC members have heard about Phoenix damages focuses on the government’s general damages offer of five days of leave for the last four years of hardships. You may not know that we’re negotiating more than just compensation for general damages. Here’s the breakdown:

A three-part settlement

The Phoenix compensation agreement we are seeking has three main elements:

  1. 1. General damages compensation for all: This is universal compensation for everyone, regardless of their circumstances. Unlike an out-of-pocket expense, or a direct financial impact, this will cover all the general hardships suffered throughout the public service such as: personal time lost trying to resolve pay issues, delays in career advancement (forced to avoid acting assignments, transfers, etc.), high levels of anxiety and stress, cancelling of parental and other personal leave to avoid being Phoenixed, reduction in support of family members, delayed retirement – to name a few.
  2. 2. Strengthening the current expense claims process: This is largely for out-of-pocket expenses caused by Phoenix pay problems, such as interest on lines of credit, bank charges, etc. We successfully negotiated this claims process years ago for our members but we intend to legally enshrine this claims process moving forward and strengthen key language in order to ensure our members can continue to get the reimbursements they are owed.
  3. 3. Expanding the expense claims process to include greater financial hardships: Many thousands of PSAC members experienced far more than general damages, or out-of-pocket expenses – this would allow them to claim those specific damages. This includes things like major financial losses (cars, homes, investments etc.), and longer-term impacts like ruined credit ratings.

Why PSAC still doesn’t have a settlement

We are largely satisfied with our negotiations surrounding the strengthening of the current expense claims process and expanding it to include more significant financial hardships. Therefore, two of the three parts of the proposed settlement are not a problem. The major stumbling block is the government’s offer on compensation for general damages.

no Part 1: General damages compensation for all   

yes Part 2: Strengthening the current expense claims process     

yes Part 3: Expanding the expense claims process to include greater financial hardships   

Let’s look at why we rejected this part of settlement:

The Liberal government has offered what amounts to 1.25 days of leave per year for each member who has worked for the federal government since 2016. Entitlement to that leave would be the following:

2016/2017 2 days leave
2017/2018 1 day leave
2018/2019 1 day leave
2019/2020 1 day leave

Former employees and retirees would need to apply for this compensation directly and would receive it as a cash payment according to the value of the days of leave they would have been entitled to. All members would be entitled to the above leave if they worked for any part of the relevant year. Both full time and part time employees would qualify for the full amount.

This offer is unacceptable for two key reasons:

  1. 1. Five days of leave is far too little to compensate for over four years of general damages across the entire public service.
  2. 2. Most importantly, it’s not an equitable solution. It rewards the highest earners because their days of leave are worth more when cashed-in, punishing lower paid employees, many of whom have suffered the most.

Why should a Program Manager receive double the compensation compared to an Administrative Assistant? And why should that same Administrative Assistant get a third of what a diplomat in the public service would receive?

It’s completely unjust and there’s no reason for it.  

The general damages portion of this agreement is going to be our one chance to account for all the impacts of the last four years that can’t easily be demonstrated through receipts, invoices, bank statements, etc. The final amount has to be better than what the government put on the table, and it must be equal for everyone.

We are using our bargaining strength to win Phoenix damages

At the start, PSAC and other federal public service unions sat down together with the federal government to discuss compensation for the harm done by Phoenix. However, these discussions took place outside of the collective bargaining process giving the unions little leverage to get a fair deal. When the other unions accepted the Phoenix compensation offered by the federal government, PSAC made it clear that agreement on Phoenix damages is one of our priority demands in collective bargaining.

The union did this for two main reasons:

  1. 1. It would strengthen our ability to get a better Phoenix damages deal. While we’re bargaining for new collective agreements the union has the most leverage and power. If we were to settle our collective bargaining first, we would have few mechanisms left to get a fair Phoenix damages settlement.
  2. 2. Trying to negotiate Phoenix damages separate from bargaining has already been proven unsuccessful. PSAC was originally part of the group of 15 federal public service unions that negotiated for years to get to the current offer of five days of leave. Without being tied to a formal process where unions have some leverage, the government refused to improve their meagre offer.

Why hasn’t PSAC filed a class action lawsuit?

Unlike non-unionized workers who might have to rely on a lengthy and expensive class action lawsuit, PSAC members are already part of a certified class – their union – and can seek a resolution directly with the government. Unlike a lawsuit that would wind its way through many years of the legal system with an uncertain outcome, we can negotiate more quickly with the government and ensure we only settle for the best deal.  In addition, PSAC members will not have to pay a significant percentage of their settlement to a law firm as they would if they were forced into a class action lawsuit.

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

FB Bargaining: Parties discuss discipline, harassment, pension reform

Our PSAC-CIU Bargaining Team for the FB group met with Treasury Board/CBSA the week of February 24 to continue negotiations for a new collective agreement.

Despite comments recently made by CBSA’s National President about the need for ‘culture change’ and ‘less jargon’, our Bargaining Team saw no evidence of this at the bargaining table.

According to the report recently issued by the Office of the Auditor General, harassment is a problem at CBSA. The Agency has publicly acknowledged this to be true. While the union has made proposals to enhance the collective agreement and has suggested changes that would protect members against abuse of authority and harassment, management has to date opposed the union’s proposed changes. This is unacceptable.

The language used in the proposals that aim to protect CIU members against CBSA management in the context of discipline reflects what has been agreed to by other employers.

Our fight regarding the wearing of name tags continues. We questioned the CBSA requirement that names must appear on the tags as opposed to a number. The PSAC also brought this issue before the Occupational Health and Safety Tribunal last week.

It’s time CBSA put its money where its mouth is on these issues and treated our members with respect.

CIU National President Jean-Pierre Fortin met with Minister Bill Blair this week and raised (among other things) the need for 25-and-out pension reform for FBs and the timely resolution of outstanding grievances. At the bargaining table, the FB Team also spoke to the union’s proposals on these matters and to other issues such as medical certificate reimbursement, leave with income averaging and contracting out protections.  On the latter issue, PSAC has filed a bad faith bargaining charge with the Federal Public Service Labour Relations Board over the contracting out of certain BSO escort duties at Pearson Airport in Toronto. We will uphold our rights.

We return to the table the week of March 9. We’ll be sure to provide updates as things progress. To review the package of proposals that we tabled and those of the employer, go to: psacunion.ca/fb

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

CIU welcomes Auditor General’s report on harassment and violence in the workplace

CIU Flag / Drapeau du SDI

We applaud the Auditor General’s recent report that found that both the Canada Border Services Agency and Correctional Service Canada were well aware of issues of workplace harassment, discrimination and violence – yet did little to curb the problem.

The Auditor General’s report confirms what the union and our members have known for a long time. Despite being on the receiving end of hundreds of grievances regarding harassment and discrimination in the workplace, too often has CBSA chosen to delay and stall. Just last fall, CIU’s National President, Jean-Pierre Fortin, was vocal about CBSA’s management creating a “toxic workplace culture through fear, intimidation and harassment,” calling upon the government to “launch an independent, third party investigation to look into these serious abuses of power by managers.”

We are pleased to see that Minister Blair as well as CBSA reacted favourably to the Auditor General’s recommendations. In light of this report, we remain fully committed to work with CBSA to foster a better environment for our members and ensure that real work is done to create a safer, healthier workplace.

Further reading