CBSA must address abuse of authority and harassment by management

27 November 2019

The unions representing Canada Border Services Agency (CBSA) employees are demanding immediate action to address abuse of authority and harassment by management at the agency.

In a video released today, the Public Service Alliance of Canada and the Customs and Immigration Union (PSAC-CIU) outline several cases which have gone unaddressed by CBSA.

“Management is creating a toxic workplace culture through fear, intimidation and harassment,” said Jean-Pierre Fortin, National President of the Customs and Immigration Union. “The government must launch an independent, third party investigation to look into these serious abuses of power by managers.”

Incidents reported by PSAC-CIU members include:

A male supervisor physically assaulting a female officer in front of several witnesses without repercussions;
A manager forcing officers to conduct an illegal strip search of a bus full of students;
A manager punching a Border Services Officer in the face unprovoked.

A couple of months ago, CBSA unveiled a video threatening surveillance of members at work and harsh disciplinary measures for a range of offences. The video, warning members that “discipline in the workplace happens” and “the consequences may surprise you,” reinforces the need for better protections against harassment and abuse of authority in the next collective agreement.

In the latest round of bargaining, PSAC-CIU are also proposing new whistleblower protections for members who report CBSA wrongdoing.

“The constant threat of discipline has a devastating impact on the mental health and well-being of our members,” said Fortin. “Our members are safeguarding Canada’s borders; they should feel like CBSA stands behind them.”

It’s not surprising that a significant number of CBSA employees (40%) report their workplace as being psychologically unhealthy in the 2018 Public Service Employee Survey.

In addition, nearly a quarter of employees (22%) have also reported being victims of harassment on the job in the past year, significantly higher than the rest of the federal public service (15%).

CBSA must put an end to its two-tiered system of discipline and reprimand managers who abuse their authority and harass employees. Better, fairer protections are needed for all PSAC-CIU members.

PSAC-CIU and Treasury Board/Canada Border Services Agency return to the bargaining table on January 21-23, 2020.

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

Occupational Group Structure: an update on the classification process

21 November 2019

The Office of the Chief Human Resources Officer, part of the Treasury Board of Canada Secretariat, has been working to modernize several classification groups in the core public service. This work is intended to align classification groups, many of which are decades old, with the work of today’s public service. PSAC is ensuring that consultation takes place and that our members are kept informed throughout the process.

Classification is necessary to determine the relative value of one job in relation to other jobs in the public service, for the purposes of pay. Classification systems must operate without sexual bias and be capable of measuring the relative value of all jobs in the same establishment.

Classification Standards must assess skill, effort, responsibility and working conditions, to ensure compliance with the Canadian Human Rights Act.

Your current rights will be protected regardless of the outcome of this process. This means no one will suffer a reduction in salary due to their classification potentially being converted to a lower wage level. You will be guaranteed to remain at your current salary (this is enshrined in the collective agreement as Salary Protection Status). This protection will apply until the position is vacated. In addition, as wages for your new classification exceed your current salary, your pay will be increased to the new classification levels.

Finally, the policy grievance we filed against Treasury Board for contravention of the timelines for the implementation of the Occupational Group Reform is proceeding with hearing dates planned for December. Stay tuned for updates!

Treasury Board says implementation date of the new job evaluation standards is between 2020 to 2022.
The Computer Systems (CS) group will change to a new occupational group called Information Technology (IT)
The Program and Administrative Services (PA) group will be restructured to *five new sub-groups:
- 1. PA-PVO (Program and Service Operations) = CR, AS, PM-01, PM-02, AS-01 and AS-02
- 2. PA-EAA (Executive Administrative Assistant) = AS, CR and ST largely excluded
- 3. PA-PDM (Program Development and Administration) = AS-03 to AS-07, PM-03 to PM-07
- 4. PA-RHB (Rehabilitation and Reintegration) = WP
- 5. PA-CMN (Communications) = IS

*The mapping of actual positions to sub-groups has not taken place yet. Updates will be provided once the mapping exercise is underway.

A new Comptrollership (CT) group will be created to bring together work in the areas of financial management, as well as external and internal audit.

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

Bargaining and Phoenix: PSAC launches ad campaign targeting Trudeau and new Minister

21 November 2019

As more than 140,000 PSAC members are still without new contracts or fair compensation for the Phoenix pay system disaster, PSAC has launched an ad campaign targeting the Prime Minister and new Treasury Board president, Jean-Yves Duclos.

“In their first four years, the Liberal government failed Canada’s public service workers,” said Chris Aylward, PSAC national president. “With a new minority Parliament and a new Minister, we’re sending Justin Trudeau a clear mandate: deliver a fair contract for our members and fair compensation for this ongoing Phoenix nightmare.”

The government’s continued negligence is forcing PSAC members to ramp up their workplace action, leading to a potential strike. In its mandate letter to the government, PSAC is urging the Liberals to ensure the stability of the federal government for all Canadians by moving quickly to resolve these issues.

The ad campaign will feature online, radio and print ads across the country. Ads will begin rolling out today. Members can send the mandate letter to Trudeau and the Minister at hereforcanada.ca.

“Our members continue to show up to work every day to serve Canadians – despite all the problems they’ve endured because of Phoenix. They deserve better, and they are ready to fight for what they’re owed,” added Aylward.

“In the recent election, Trudeau promised to “build a stronger public service” – well, this is his opportunity to do that.”

The first of several Public Interest Committee hearings set up to mediate a deal between PSAC bargaining units and Treasury Board begins December 4.

Take action at hereforcanada.ca

Print ad: English | French

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

NJC Group Grievance – Wearing of Name Tags

21 November 2019

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

As we’ve pointed out before, CBSA’s name tag policy continues to foster a dangerous work environment for our members, having already brought much harm since it was put in place 7 years ago.

In our continued efforts to bring an end to this ill-conceived policy, CIU is moving forward with a National Joint Council Group Grievance, arguing that the employer’s decision to mandate the wearing of name tags is in contravention of Part XIV of the NJC’s Uniforms Directive.

As part of the Group Grievance, all CIU Branches will be collecting signatures from members who are affected by the policy, using the FPSLREB’s Form 19 – Consent of aggrieved employees to the presentation of a group grievance. This is what the form looks like:

It is crucial that all who wear a name tag sign this Group Grievance, so talk to your Branch President or your local Steward to participate, or for any questions you may have.

Public Interest Commission (PIC) dates for PSAC government units

15 November 2019

The Labour Board has announced Public Interest Commission (PIC) hearing dates for PSAC’s bargaining units representing federal government workers. See the following page for more information on the PIC, and for a list of hearing dates for each unit as well as the number of members affected. Note that the FB unit is still in talks, and is not at the PIC stage.

Fighting misinformation: A message from your National Executive

1 November 2019

Sisters & Brothers,

As you may know, the CSN (Confédération des syndicats nationaux), a union mostly active at the provincial level within Quebec, has been meeting with CIU members for some time in an attempt to raid the FB membership. Most recently, we know that CSN reps were in Branches such as Niagara Falls, Fort Erie, and Vancouver.

This is the same union that tried to raid the FB membership at the end of the last round of FB bargaining in 2018. While we know that CIU members will stand united, we take the CSN’s presence in our midst seriously. Raiding can have a negative impact on bargaining. Any sign of division within our ranks can jeopardize our leverage with the Employer and our chances of success at the bargaining table.

It should come as no surprise that CSN will say anything and everything to convince members to sign up, going as far as to circulate misinformation. In the next few days, we will be communicating with all FB members to set the record straight on issues such as:

CIU’s autonomy. Contrary to spurious claims, FB members would not be more autonomous under CSN. CIU manages its own affairs: We speak directly to the Employer (union-management relations), we take our lead from delegates attending our conventions, and we elect our own representatives.
Union dues. CSN’s union dues are approximately 2% of real wages – that’s $700 more per year in dues at the FB-03 level.
Fighting for the membership. Unlike other unions – including CSN – CIU and PSAC have not accepted the government’s offer on damages for the Phoenix Pay System. While the CSN settled for a me-too clause, we continue to fight for a better deal.

As mentioned above, keep an eye out for further communications from CIU in the weeks to come. In the meantime, if you have any questions about your union or regarding claims made by others, feel free to reach out and talk to your Branch President.

In solidarity,
The CIU National Executive

The CIU National Board of Directors supports our bargaining teams!

28 September 2019

Banner with the words We support our bargaining team

Today, in Ottawa, members (and observers) of the CIU National Board of Directors sent a clear message of support to our PSAC-CIU FB and Treasury Board bargaining teams. Despite the bargaining process being at a stand still due to the federal elections, we are proud of the work accomplished by our Brothers and Sisters who sit at the bargaining tables. We know that they’ll continue to hold the employer’s feet to the fire and push for a fair deal!

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Name tags and violence in the workplace

24 September 2019

It is now almost seven years since the CBSA began forcing us to wear name tags. In that time, we’ve suffered countless incidents of workplace violence as defined in Part 20.2 of the Canada Occupational Health and Safety Regulations (COHSR).

Our names are used to threaten us at work. We are threatened on social media. We are threatened at home. We are stalked. Travellers show up at our homes. Criminals show up at our homes. Our loved ones are endangered.

Our employer’s response to the violence created by this policy is to remind us that we must take precautions to protect ourselves outside of work. That’s right; the CBSA is protecting us against violence by having us look out for ourselves.

Part 125(1)(z16) of the Canada Labour Code (CLC) mandates that the CBSA “take the prescribed steps to prevent and protect against violence in the work place”. Part 122.2 of the CLC mandates that “elimination of hazards” be the first preventative measure employed to address a hazard. The CBSA has failed to remove the danger and has failed to protect its employees against workplace violence.

We, as employees, also have obligations under the CLC. Part 126(1)(h) mandates that we “report in the prescribed manner every accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person”.

To hasten the end of this ill-conceived policy, we ask that you follow the steps below for any name tag related violence you’ve suffered in the past and every incident you suffer in the future, whether it happened at or outside of work. A local CIU representative or member of your workplace health and safety committee will be able to assist you in completing these steps.

1- Complete a LAB 1070 Hazardous Occurrence Investigation Report Form.
2- Submit a workplace violence allegation (see instructions below).
3- Advise a local CIU representative that you’ve done both.
4- Explore a claim with your Provincial Worker’s Compensation Board.

Together, we can keep each other safe. By coming forward, we can accomplish what your employer has failed to do.

Instructions for submitting a workplace violence allegation

To submit a workplace violence allegation, send the following to your immediate Supervisor, and c.c. a local Union representative. Once the employer replies, we will be able to assist you navigate the process. The investigator’s report will eventually be shared with your workplace health and safety committee, who will participate in implementing measures to prevent what you’ve suffered from happening again.

I, [insert name], allege that I have been the victim of workplace violence as per the definition contained in Part XX of the Canada Occupational Health and Safety Regulations. I request that the investigation procedure set out in Part 20.09(1) of the Regulations be initiated.

The following is a brief summary of my allegations: (…)

FB team denounces disgraceful CBSA discipline video during negotiations

20 September 2019

Our FB bargaining team called on Canada Border Services Agency (CBSA) management to retract a disgraceful video that threatens surveillance of members and harsh disciplinary measures.

The video, warning FB members that “discipline in the workplace happens” and “the consequences may surprise you,” reinforces the need for better protections against harassment and abuse of authority in the FB collective agreement.

Our Public Service Alliance of Canada-Customs and Immigration Union (PSAC-CIU) bargaining team also addressed issues around wages, medical notes, firearms and dog handlers and other key issues during negotiations with Treasury Board/CBSA September 17 to 19.

Discipline

With respect to discipline, our team denounced the recent video released by CBSA management on Atlas. We stated clearly to the employer that CBSA’s obsession with punishment and surveillance – as reflected in the video – is a serious problem, and that such tactics on the part of CBSA only serves to strengthen our union’s resolve to achieve better contract protections against harassment and abuse of authority in CBSA workplaces.

Medical notes and medical/dental appointments

In bargaining we reiterated our demands to protect against excessive management requests for medical notes and pushed for management to pay for medical notes. We also raised issues related to CBSA management’s intrusive questioning when employees take leave for medical and dental appointments.

Firearms and dog handlers

It came to light recently that CBSA has provided paid leave for clerks who volunteer to receive training for the handling of firearms. We pointed out the absurdity of not providing paid time for firearm practice for officers who are required to carry firearms when paid time is being provided for employees who volunteer for certain training. Our position in bargaining is that all officers required to carry a firearm should receive paid firearm practice time. We also again raised issues concerning compensation for dog handlers.

Name tags, telework

We provided additional evidence of the risks associated with requiring officers to wear name tags and explained our position that officers should not be required to provide their names. We also pointed out that the telework policy that has been implemented does not address the issues we’ve raised in bargaining and that we need language in our contract on the issue.

Wages

In light of recent analytical data that has come to light concerning members of the Inland, Intelligence and Investigations community, our team did not table wages this week as more time is needed to conduct our survey of the broader law enforcement community.

We are in the process of setting additional dates. We’ll be sure to update you when we have more information.

To review the package of proposals that we tabled and those of the employer, go to: psacunion.ca/fb-group.

We stand tall 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.

CIU members support their bargaining team

12 September 2019

Since the Labour Day long weekend, members from the CIU-PSAC FB bargaining team have been meeting with CIU members across the country to provide updates on the current status of the bargaining process. Members were keen to express their support, proudly wearing their orange epaulettes in solidarity, or displaying their CIU-PSAC water bottles.

Throughout the coming weeks, your support will continue to be crucial. Our bargaining team is returning to the table the week of September 16. We’ll be sure to provide you with updates. With the employer walking away from the other Treasury Board tables (PA, EB, SV and TC), we have to stand strong behind our FB bargaining team – so wear your epaulettes, and show your solidarity!