Phoenix damages, wage increases key to PA deal says Public Interest Commission

19 February 2020

The government will need to offer PSAC members more Phoenix compensation and higher wage increases if they hope to reach a deal, recommends the Public Interest Commission (PIC) report on Treasury Board common issues and the PA group bargaining unit.

Despite this obvious conclusion, we know this government won’t budge unless we make them. That’s why we’ll need to continue ramping up our workplace action, up to and including a strike, until PSAC members get the Phoenix compensation and fair working conditions they deserve.

Strike votes are already underway for our members at CRA and in the coming weeks PSAC will announce when it intends to begin holding strike votes for the PA group and other bargaining units.

While the PIC’s recommendations aren’t binding, key findings from the report include:

Proper Phoenix compensation

The PIC agreed with PSAC that reaching a fair Phoenix damages deal could be the “ultimate antidote” that paves the way to a deal. The PIC acknowledged that while other unions have set a pattern for compensation that includes five days of paid leave, as the largest bargaining agent, PSAC has the leverage to demand more.

Every PSAC member has suffered stress and anxiety because of Phoenix, even the small few that haven’t had pay issues. Many members have had to put their lives on hold; canceling parental leave, refusing new jobs, promotions or acting assignments and even delaying their retirement for fear of being Phoenixed.

That’s why we continue to demand equal, cash compensation for all PSAC members. When cashed-in, five days of leave disproportionately rewards higher wage-earners at the expense of those who make less. That’s not fair, and you deserve better.

Fair wage increases

The PIC recognizes our position that as the largest federal public sector union, PSAC has the bargaining power to negotiate a better wage settlement for our members.

The PA group alone has more members than all other federal public sector unions combined, and the PIC noted that PSAC has historically not been tied down to the deals reached by those other unions.

Wage adjustments

Because of the diverse membership of the PA group, the PIC recommended that Treasury Board should provide allowances for specializations within the PA bargaining unit that have been identified by PSAC.

Two sides still far apart

The report also pointed out that the two parties are still so far apart in their positions but that some of the differences are not insurmountable. This reinforces PSAC’s position that Prime Minister Trudeau must give Treasury Board a new mandate and come back to the table ready to bargain fairly if they hope to prevent strike action.

Next steps

Now that we’ve received the PIC report, we’ll continue to escalate our job action to pressure this government into negotiating a fair deal for PSAC members. Keep in touch with your regional office and sign up for PSAC’s newsletter to get the latest bargaining updates.

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

Name tags group grievance: Nearly 2,000 signatures collected

14 February 2020

Photo of BSO with words "Name tags NJC group grievance" along with a name tag with the word "target" on it

Last fall, we sent a call to action by inviting all members who wear name tags to add their names to our National Joint Council Group Grievance, which argues that the employer’s decision to mandate the wearing of name tags is in contravention of the NJC’s Uniforms Directive.

It bears repeating again: CBSA’s name tag policy contributes to a dangerous work environment, and needlessly endangers officers. Since this policy has been implemented, members all across the country have suffered threats, been harassed, and have had to worry about the safety of their family all because they could easily be identified by disgruntled members of the public.

Well, CIU members responded to our call to action in droves: We recently filed the grievance with the employer after collecting nearly 2,000 signatures. That impressive display of solidarity illustrates what we know all too well: CBSA’s name tag policy needs to end.

We’ll make sure to keep you updated as the grievance process progresses. In the meantime, rest assured that we’ll keep pushing for a safer work environment for all.

CIU members rally at Peace Arch border crossing

5 February 2020

With the employer still refusing to budge on meaningful improvements, our members are ramping up pressure to be treated fairly: After rallying in Saint John, N.B. at the beginning of the year, FB members are now mobilizing in B.C., where they gathered at the Peace Arch border crossing on February 5.

CIU-PSAC members are calling on the government to treat Border Services Officers with the respect they deserve by withdrawing concessions being put forward at the bargaining table.

What we want

We’re asking for a fair wage increase that keeps up with inflation, better protections for members from CBSA management, and improved work-life balance.
We’re asking the employer to support pension reform to allow retirement after 25 years of service without penalty, as is the case for other law enforcement agencies.

For a full list of our bargaining demands, please see this page.

For the latest FB bargaining updates, make sure to keep an eye on our FB bargaining section.

SV bargaining: Government still focused on pushing concessions

5 February 2020

PSAC’s SV bargaining team and government representatives were in three days of hearings at a Public Interest Commission (PIC) from January 22 to 24. Unfortunately, the government once again squandered the opportunity to address key member concerns and doubled down on a range of previously presented concessions that the union already rejected.

You can download PSAC’s SV PIC submission here and the government’s submission here.

PSAC presents improvements to contract

The bargaining team used the PIC opportunity to continue presenting proposals that address member concerns, including:

fair economic increases that keep up with inflation;
market adjustments to ensure members earn comparable wages to those of operational services workers external to the federal public service (e.g., firefighters, tradespersons, ships’ crews, and heating, power, and water treatment operators);
improvement to group-specific allowances;
various measures to improve work-life balance.

The government rejected all these proposals.

Instead, they doubled down of the following concession proposals:

Reduced call back provisions

The government wants to reduce call back pay by giving itself the right to request that call back assignments be performed at home. In such situations, employees would no longer earn a minimum of three hours at the overtime rate of pay for each call back and instead be paid only for one hour at straight time or actual hours at time and a half, whichever is the greater.

PSAC rejects this proposal as it will create the expectation that problems in the workplace—for instance, those involving malfunctioning vessels, heating plants, building or freezer alarms, or water treatment systems—be addressed remotely. This would be dangerous and allow the government to forgo ‘eyes on the ground’ in high-risk situations in exchange for a shortsighted reduction in wage costs.

Weakening of Correctional Services Specific Duty Allowance (CSSDA)

The government’s proposal opens the door to excluding those who work outside of Correctional Service of Canada penitentiaries from receiving the CSSDA. The union does not accept this proposal as it denies the CSSDA to many members who interact with or are in proximity to offenders—for example, those working at facilities that operate offender training programs.

PSAC believes this change is unnecessary and will prevent workers that currently qualify for and receive the CSSDA from continuing to receive it.

Reduced notice for scheduling changes

The government is insisting on reducing the notice of schedule changes to just 48 hours. Currently, FRs are provided with a minimum of 96 hours-notice of schedule changes and those in the GL, GS, HP and HS groups are provided with seven days- notice. Under the proposed changes, members will only earn compensation at the rate of time-and-a-half if they are advised of new schedules within a 48-hour window.

Moreover, for those in the Ships’ Crew (SC) group covered by Annex E (Lay-day work system), whose schedules are normally set a year in advance and are given at least fourteen days (14) notice of any schedule change, the government wants to reduce the notice period to a mere 48 hours. Under this scheme, a worker could be out to sea for 28 days with little notice.

The union strongly rejects this regressive proposal, which would severely interfere with the work-life balance of many members and provide no compensation in situations where workers are required to significantly alter personal obligations, commitments, and plans.

Weakening of Inmate Training Differential Allowance Plan

The government proposed a single percentage rate of 7% for the allowance. This will result in a reduction in allowance for a third of members currently receiving the ITD.

PSAC rejects this proposal as it would amount to a major concession for many members. Furthermore, moving from the current tiered rate to single percentage rate would prevent the ITDA from recognizing the varying levels of responsibilities, skills, and stress associated with inmate training held by current recipients of the allowance. The existing provisions recognizes the number of offenders that a worker is responsible for and the associated work (i.e., training plans, training assessment, incident reports).

New cap on travel costs for firefighters

The government is seeking a targeted kilometric cap for firefighters in situations where it requires a firefighter to travel back in for an overtime shift from off-duty status. No other classification or occupation group faces such limitations.

The union will not accept this proposal. The government’s attempt to shift the burden of costs associated with overtime on to workers is unreasonable.

The PIC will likely issue its recommendations by late winter.

PSAC will continue to mobilize its membership through increased workplace action, up to and including a strike, until a fair settlement is reached. Stay up to date with the latest on bargaining by signing up for email updates.

What is a Public Interest Commission?

Under the law that governs contract negotiations in the federal public service, once impasse is reached at the bargaining table, a PIC is established to help the parties reach an agreement. The PIC is a panel of three people – a chairperson appointed by the Labour Board and nominees appointed by the union and management.

The union and the employer submit briefs and explain their positions on the outstanding issues at a hearing with the PIC. The PIC chairperson also has the option of convening additional talks. The PIC then issues a report with recommendations for settlement. The recommendations are not binding. Once the PIC releases its report, the union’s bargaining team will meet to discuss the recommendations.

Traditionally, following this, PSAC and government representatives have returned to the table to resume negotiations. We expect the SV group PIC report to be issued in winter 2020.

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

Public Interest Commission provides its recommendations for EB group

5 February 2020

PSAC has now received the Public Interest Commission’s (PIC) recommendations on issues that are specific to the Education and Library Science (EB) group. The PIC’s recommendations on issues common to all Treasury Board groups will be made available when the Commission submits its recommendations for the Program and Administrative Services (PA) group.

While the PIC recommendations are non-binding, which means the union and/or the employer can accept or reject the recommendations, we are pleased to note that the PIC agreed with some of the union’s proposals specific to the EB group.

Wage parity with comparable jobs

While the PIC did not fully address all of our key demands around wage parity and adjustments, it recognized that the employer’s wage offer was inadequate for the two parties to reach an agreement.

New national rate of pay for teachers who work for 12 months (ED-EST)

The PIC also recommended that the new national rate of pay for 12-month teachers (ED-EST) be included in the new collective agreement. The PIC pointed out that a joint committee composed of both the employer and union representatives had already reached an agreement on a new national rate of pay and that this agreement should be implemented.

Allowance for union members who teach Indigenous languages

The PIC agreed with PSAC’s position that teachers who provide First Nation language instruction should be entitled to the specialization allowance. The Commission “was struck” by the fact that the union’s proposal aligns with the recommendations made by the Truth and Reconciliation Commission and with the federal government’s Bill C-91, the Indigenous Languages Act.

Unfortunately, the PIC didn’t address many of PSAC’s proposals and even agreed to some of the employer’s concessions, such as on Education Leave Without Pay and Career Development. Other examples can be read in the full document on the PIC’s recommendations. In order to reach the fair deal that our members deserve, PSAC will continue to mobilize its membership through increased workplace action, up to and including a strike, until a fair settlement is reached. Stay up to date with the latest on bargaining by signing up for email updates.

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

2019 novel coronavirus: Safety measures

29 January 2020

CIU National President Jean-Pierre Fortin recently gave an in-depth interview to Radio-Canada (article in French) regarding what the union is expecting from the employer in response to the 2019 novel coronavirus outbreak.

Our members are the first line of defence of the country and the ongoing outbreak is no different, as border services officers interact with potentially ill travellers every day. While the risks of being exposed to the 2019 novel coronavirus remain low for the moment, we are encouraging all border services personnel to remain vigilant. We recommend that eyewear, N95 face masks and gloves be worn with any prolonged exposure to potentially ill travellers (such as interviewing or escorting), and it is the union’s position that such protective equipment should be made mandatory at major airports. We also highlighted to the employer that primary inspection kiosks should be disinfected regularly to prevent illnesses from spreading.

Further to ensuring proper access to protective equipment, we also brought up to CBSA the need to put in place additional measures to slow down the flow of travellers arriving from regions where they could have been exposed to the disease. While implementing such measures can present challenges, it would allow our officers and relevant authorities to better identify and assist travellers who show signs of infection.

Ultimately, given their expertise, it would be highly beneficial for government public health officials to be deployed to the country’s main airports (Toronto, Montréal and Vancouver) to assist our officers.

It is worth noting that, so far, the employer has been quite forthcoming with the union regarding the outbreak, and the exchange of information has been well-received.

It is important to bear in mind that, as with any similar public health issue, the situation is evolving quickly, and new directives may be issued by the employer and other authorities in the coming days. We will make sure to keep you informed of any new development. If you have any questions, please reach out to your Branch President or your local Health and Safety representative.

Mental health matters – at work and at home

29 January 2020

a photo of three people with the words "mental health matters"

Today is January 29, and social media is filled with discussions and posts seeking to raise awareness about mental health issues and initiatives. It is a good time to reflect on the state of mental health support within the Canadian government and public service.

Forums for discussing mental health can play an important role in de-stigmatizing issues, and we need to ensure structures are put in place to provide everyone with access to proper support and care, including in the workplace. Indeed, the Mental Health Commission of Canada recently published a study showing that nearly 9 in 10 Canadians want increased funding for mental health. Beyond access to care, workplace culture also needs to foster mental well-being and not hinder it.

It is no secret that, as law enforcement officers and public servants, our members are sometimes confronted with difficult, stressful situations as part of their daily work. Within CBSA, past employee surveys have shown a high level of dissatisfaction due to a psychologically unhealthy workplace. As a union, we’ve been vocal about the need for CBSA to address the many problems that plague the Agency when it comes to abuse of authority and harassment by managers.

You are not alone

When facing a difficult situation at work or at home, remember that you are not alone. People around you can be a source of support, and your union is there to assist you and help you find the resources you need. As CBSA employees, you can also contact Homewood Health for confidential assistance – be it for advice, counselling or treatment (for more information about Homewood Health and other resources, see our Mental Health page).

Just like physical well-being, mental health matters, in any setting.

FB bargaining: No trust in CBSA; team rejects concessions to hours of work

23 January 2020

The FB bargaining team continued their push to make Canada Border Services Agency a better place to work during talks with Treasury Board/CBSA the week of January 20, but the employer still refuses to budge on any meaningful improvements.

Our team highlighted issues around:

Name tags

The employer still insists that officers must display their names on name tags. Our team reiterated that this practice puts officers at risk and is unacceptable.

Medical notes

Our bargaining team firmly opposes the need for medical notes when employees are sick. CBSA shouldn’t be asking employees to provide medical notes, and if the Agency wants one provided, they should reimburse members for it.

Paid meal period

The employer rejected our proposal for a paid meal period, but we’re maintaining our position. Officers have to tool-up and tool-down for lunch; otherwise they have to wear their tools during lunch. Given this reality, meal periods should be paid like other law enforcement agencies.
Paid time for firearm practice: Our team is seeking to have paid firearm practice time provided to officers under the collective agreement equivalent to two shifts per year.

Seniority and work location

There are significant problems with the way management assigns officers to new locations. Across Canada, there are officers who are looking to work in different parts of the country. But right now, management passes over senior officers for these assignments and even places new hires in locations where union members are looking to work. We are seeking a fair and transparent process where officers can exercise their seniority if they wish to change districts or regions.

Telework

We again raised the issue of telework for our non-uniformed members. Our team does not understand why CBSA chiefs and superintendents get their telework approved regularly, while non-frontline staff who require an accommodation are denied telework. This is yet another example of the double standard at CBSA, where management gets preferential treatment over employees. We want language in the contract to address this issue.

VSSAs

CBSA is proposing that VSSAs should no longer be negotiated, but rather run through a ‘consultation’ process with our union. All too often at CBSA, ‘consultation’ means ‘impose’. We told CBSA “No” and rejected their proposal. Our team doesn’t trust CBSA management with our hours of work.

We also discussed student issues, the dog hander allowance and reiterated our position concerning pension reform.

To review the package of proposals that we tabled as well as those of the employer, visit: psacunion.ca/fb-group. We’ll continue to provide updates during our next bargaining session the week of February 23. To see other updates on Treasury Board bargaining, check out psacunion.ca/treasury-board.

We stand for law enforcement

Together as FBs, we’ve achieved incredible victories over the years. PSAC is the largest union in the federal public service, and one of the largest public sector unions in the country. No other union has more experience in bargaining and representation within the federal public service than PSAC and CIU.

We successfully won the right for Border Services Officers to be armed in 2006.
Since 2007, PSAC-CIU successfully negotiated a 48% increase in compensation for frontline BSO, including a 17.5% raise in 2018.
We won significant new rights for shift workers, including protections in the context of VSSA negotiations and seniority rights.

Standing together, we will continue to work together and hold the CBSA’s feet to the fire to ensure we can continue to make groundbreaking gains for FB members.

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

TB bargaining – PA group and common issues: Government squanders mediation opportunity

22 January 2020

Last week, mediation between Treasury Board and PSAC ended without a tentative agreement as government representatives refused to make progress on PSAC’s key demands. The session covered both common issues as well as those specific to the PA unit – 90,000 federal public service workers in Program & Administrative Services.

After four years of Phoenix problems, the employer didn’t come to the table ready to get to a deal, instead they arrived with the same proposals PSAC has been rejecting for months.

PSAC is standing firm on our core demands, including fair wage increases, Phoenix-related demands, and the working conditions that make balancing family and work possible.

Unfair wages

The government is proposing wage increases of about 7% for the 2018-2021 period. This is below inflation, which is projected at about 8% for the same period. In order to meet inflation, the government wants us to forgo an additional 1% market adjustment meant to raise earnings for specific groups that are below industry averages, and instead use that 1% to increase the overall wage offer. It’s not fair for the Employer to ask all PSAC members to pay for market adjustments. It should be their responsibility.

To be clear, we won’t accept any offer that doesn’t keep up with the rising cost of living while also addressing group specific market adjustments.

Phoenix-related demands

The impact of the Phoenix pay system is a central issue on the bargaining table for each of PSAC’s federal public service bargaining units. To mitigate ongoing pay problems and avoid such debacle in the future, PSAC is asking for key provisions to be put into our collective agreements.

PSAC is demanding a penalty clause in the collective agreement so that members are properly compensated when they are not paid properly or on time. Also, we want an end to the recovery of overpayments before an employee’s pay issues are completely resolved. Although PSAC has secured a temporary agreement to halt this practice, we want this protection permanently included in our collective agreements.

PSAC is also seeking reimbursement for members who are forced to seek accounting and financial management counselling due to pay problems cause by the Employer.

Finally, to avoid future disasters, we are asking for more and proper consultation before any technological changes are put in place affecting our members.

Extended parental leave

PSAC has proposed that members choosing the newly extended 18-month parental leave option receive a 93% top-up for the entirety of the leave period (i.e., combined maternity and parental leave lasting 18 months). Currently, members opting for the extended parental leave option receive a 93% top-up for the first twelve months (i.e., combined and maternity and parental leave), followed by an Employment Insurance payment of 33% of their salary for the next six months of parental leave.

However, the government is insisting on a new formula that would provide members taking the extended parental leave with only a 55.8% top-up for the parental leave period. This is a major concession and a stunning proposal from a “feminist” government that claims to support improved work-life balance.

Workforce Adjustment

PSAC is proposing to recognize years of service in a WFA situation, so that those with seniority are prioritized for alternate positions. Besides, our proposal seeks to ensure that when an employee is deemed to be in surplus, a guaranteed reasonable job offer will be made within a 40-kilometer radius.

In contrast, the government wants to open the door wide to relocating workers in the event of a workforce adjustment. This would create situations where workers would have to either uproot and move their families or lose their jobs without access to the WFA options.

What’s next

PSAC’s answer to this latest insult by Treasury Board is simple: while the report from the Public Interest Commission should be tabled anytime soon, we’re moving forward towards workplace action and a strike mandate until a fair settlement is reached.

Keep an eye out in your workplaces for upcoming information sessions and strike training. And make sure you’re getting bargaining updates by email.

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

FB bargaining team returns to the table next week

15 January 2020

The CIU-PSAC FB bargaining team is returning to the table the week of January 20. With our members rallying in the last month to show their support, our team is keen to meet with the employer and continue pushing for a fair and equitable contract. Stay tuned – we’ll be sure to provide you with updates as the bargaining process continues!

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