COVID-19: Postponement of 2020 National Convention & Branch Elections

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Last week, the CIU National Board of Directors (NBoD) met virtually to address the impact of the ongoing COVID-19 pandemic on our upcoming National Convention. Taking into account current public health considerations, the CIU NBoD voted to postpone the October 2020 National Convention to 2021.

As our union’s supreme governing body, the National Convention plays a crucial role every three years in ensuring our organization is a vibrant and democratic one. The NBoD agreed to postpone the Convention so it could take place in a safe environment while upholding the participatory principles that are important to our members. While the current term is being extended to 2021, the usual schedule will resume thereafter and subsequent conventions will be held in 2023 and 2026.

The postponement of the National Convention also impacts our Branch Elections, which were scheduled for this fall. Barring any unforeseen circumstances, Branch Elections will now take place in 2021.

Information posted on the CIU national website will be amended to reflect the revised dates. As the current situation remains uncertain, dates could still change should there be new developments. We will make sure to keep you informed as things progress.

Grievance Regarding FB-02 Officers on 6990 Leave With Pay

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As a result of the COVID-19 pandemic, the employer has instituted two types of leave to minimize the exposure of our members to each other and to the public.

Members who can still attend at the workplace have been placed on “Employee Health Days for Social Distancing” (091) so that they can stay at home but be available to attend work if required. FB-02 Officers are being provided with online training and scenario-based learning opportunities so that all of their days spent on 091 will count for the purpose of the Officer Induction Development Program.

Members who are unable to attend at work  for  reasons  directly  related  to  COVID-19  have  been placed  on  Leave  With  Pay  (6990).   FB-02  Officers  on  6990  are  not   being   offered   the opportunity to pursue online training. Further, for those who stay on this type of leave for more than 30 consecutive days, this time will not count for the purpose of the Officer Induction Program. This will effectively delay the assessment period for these FB-02 Officers for weeks or even months.

CIU has approached management to request that FB-02 Officers on 6990 not be penalized for being unable to attend at the workplace for reasons entirely out of their control. We take the position that these Officers are being subject to a discriminatory practice that will needlessly delay their promotion to FB-03. The employer, however, continues to be unwilling to allow time spent on 6990 to count towards the FB-02 assessment period.

If you are an FB-02 and have been on 6990 leave for a period of more than 30 consecutive days and wish to contest the employer’s refusal to recognize this time towards your assessment period, you may file the following grievance:

Grievance

I grieve that I have been the subject of a discriminatory practice on the part of my employer. I have been unable to attend at the workplace because of COVID-19 related issues and have been placed on 6990 Leave With Pay. The employer is refusing to count my time on 6990 leave in the calculation of service for the purpose of the Officer Induction Development Program. This creates an inequity as other FB-02 Officers who have been placed on 091 Social Distancing Leave are being credited with all days served.

Remedy

I ask that the employer credit me for all days spent on 6990 Leave With Pay for the purpose of completing my assessment period under the Officer Induction Development Program.

I ask that I be placed in the same position with respect to time served under the Officer Induction Development Program as all FB-02 Officers on 091 Leave.

I ask that I be afforded any and all other remedies as necessary to correct this inequity.

Get back to the table now

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PSAC members stepped up to deliver the government’s massive response to COVID-19 in record time.

Yet the government continues to delay talks for a new contract for nearly 140,000 federal public service workers.

Tell the government to get back to the table. Now.

Go to the PSAC website to send a message to the Trudeau government telling them it’s time to reach a fair deal for public service workers.

FB bargaining: CBSA members on the front lines of COVID-19 deserve better

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PSAC/CIU Border Services members continue to play a pivotal role in Canada’s response to COVID-19, repatriating Canadians returning home from abroad and screening travellers at the border.

Despite their ongoing efforts, CBSA management still refuses to make meaningful progress towards a new collective agreement for more than 9,000 border services officers, investigators and headquarters staff.

During bargaining via teleconference May 12-14, our PSAC/CIU bargaining team made it clear that it is time the government addresses core workplace issues we’ve raised in negotiations concerning excessive discipline in CBSA workplaces, and crucial scheduling issues. The same is true with respect to parity with the broader law enforcement community, including much-needed pension reform.

Telework

We also raised our telework proposals with the employer. Given the reality that so many of our members are now teleworking during this crisis, it only stands to reason that our collective agreement finally addresses this issue for our non-uniformed members.

Technological change

Our team spoke to our proposals concerning technological change. We are looking for language in our collective agreement that would ensure meaningful consultation with PSAC-CIU on any changes, and that no bargaining unit jobs be lost due to technological change. The COVID-19 crisis has again shown that machines cannot do the job of trained CBSA officers.

Workplace protections

CBSA rejected our proposals for protections against surveillance in CBSA workplaces and when officers are asked to remove their tools. We explained that we are maintaining our position on these issues. New protections are needed against CBSA management in our collective agreement.

PSAC prepared to take legal action against CBSA

Recently, CBSA announced its plan to unilaterally change scheduling practices in Toronto, despite opposition from the union and our members. As a result, PSAC put Treasury Board/CBSA on notice this week that it will take legal action if such changes are implemented.

Our team also indicated that PSAC legal counsel will take action should CBSA proceed with changes to the escort and removal procedures that undermine our work and our rights under the collective agreement. We will uphold our rights.

Parity with law enforcement community

Our review of recent law enforcement wage settlements across Canada is ongoing – including our monitoring of wage talks for a first collective agreement for RCMP officers. Wage trends for 1st Class Constables at the RCMP are critical for comparative analysis to our group. Once the analysis is complete, we will commence wage discussions with the employer.

We also raised with management this week the issue of employees being provided T2200 forms for claiming home office expenses with the Canada Revenue Agency. The employer indicated that it is working on the issue.

We are in the process of setting additional dates with the employer.

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 throughout the bargaining process. To see other updates on Treasury Board bargaining, check out psacunion.ca/treasury-board.

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

Stopping the flow of illegal firearms at the border: Letter to Minister Blair

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CIU National President Jean-Pierre Fortin sent the following letter to the Hon. Bill Blair, Minister of Public Safety and Emergency Preparedness, on May 12, 2020.


Dear Minister,

Recently, the Government of Canada announced that it was instituting a ban on several firearm models in an effort to curb gun violence across the country. As the issue of firearms-related
violence is intrinsically linked to concerns of illegal weapons being smuggled into the country, I wanted to reach out and discuss further possible avenues to address this problem.

It is clear from our previous conversations that you are committed to ensuring the safety and well-being of Canadians everywhere, and I believe that tackling gun violence in Canada requires us to consider all sensible solutions to reduce the potential for further tragedies.

In that spirit, I would like to stress the importance of improving enforcement measures at the border in order to prevent unauthorized or illegal firearms from being smuggled into the country. Adopting a two-pronged approach — by regulating both the flow of firearms within Canada and intercepting illegal shipments at the border — can only result in more effective prevention.

Based on your government’s funding commitments, there is no doubt that border security is of considerable importance. Over the years, I have often stated that investment in new resources and technology only go so far and cannot replace the expertise of seasoned officers. As law enforcement officers, analysts, and investigators, many of our members possess unique insight into border security matters, including the smuggling of illegal goods such as firearms. I firmly believe that the Government of Canada would strongly benefit by further involving these men and women who are trained to act as our country’s first line of defence.

Statistics vary, but it is no secret that firearms flowing in from the United States still make up a large proportion of weapons used in violent incidents. Indeed, based on recent developments in
the investigation into last month’s tragic Nova Scotia shootings, it would appear that a majority of the firearms used came from the U.S. With the world’s longest land border between Canada and the U.S., tackling the flow of illegal firearms is no easy matter, and it only makes sense for the Canadian government to continue to improve its investment in border services.

Gun violence is a complex matter that affects a wide range of communities throughout the country, and the strategies used to put an end to it must also be diverse. I have always been a vocal proponent for the creation of a dedicated border patrol to better empower border officers to perform their duties and help protect their fellow Canadians. That is only one possible such strategy. Perhaps more narrowly targeted endeavours, such as a dedicated smuggling task force, should also be considered. No matter what avenue your government chooses to pursue, I urge you to rely on the Border Officers who, every day, work diligently to safeguard the integrity of our border.

As always, I look forward to continuing to work with you to build solutions to make our communities and our country safer.

Yours truly,

Jean-Pierre Fortin
National President
Customs and Immigration Union

Click here for the PDF version.

PSAC National President & Executive Vice-President to host telephone town halls

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Chris Aylward, PSAC National President, and Magali Picard, PSAC National Executive Vice-President, will host a series of telephone town halls on May 13 and 14 to connect with members and update them on the union’s work to protect and support its members during the pandemic.

Telephone town halls will be 30 minutes each. Members are invited to participate by calling-in using the information below or joining the online audio stream at the time their regional town hall begins.

May Day 2020: Global crisis creates opportunity for workers

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Usually, on the first day of May, workers around the globe celebrate International Workers Day, taking to the streets to demonstrate their solidarity. Today, most of the world is locked down by COVID-19. In Canada, large segments of the economy are frozen, and millions have been thrown out of work and onto the federal government’s emergency benefit plan. Those who are still employed are doing their jobs in extremely difficult circumstances; many are putting their health and lives at risk as they attend to the well-being of others, making sure we have food to eat, and ensure the health and safety of the population.

Yet, while we are all struggling to cope with these unprecedented challenges that the pandemic has thrown at us, we are also experiencing a time of unprecedented social solidarity. Despite the necessity to stay physically distant, people are coming together to help each other in extraordinary ways. Also, this crisis has brought governments—especially the federal government—to take actions that until now they have refused us: actions such as expanding access to Employment Insurance, boosting the wages of low paid workers, providing special financial support for women’s shelters, providing emergency housing, and even making child care free – at-least for some.

The COVID-19 pandemic has created enormous hardship, suffering and tragic loss for so many, but it has also created an opening for big change. The horrific living and working conditions in the long-term care sector have been exposed, as have other dangerous consequences of decades of government cuts and corporate greed. People are more conscious of their own vulnerabilities and understand better the importance of having robust social support systems in place. There is consensus that going back to the way things used to be is not an option.

On this May Day, let’s mourn the loss of so many, and so much, in such a short time. Let’s pledge to keep helping each other through the pandemic. And let’s make sure that we don’t go back to the old normal—instead, let’s work to rebuild and remake our country and the world into something much, much better.

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

COVID-19: Human rights resources

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Equity seeking groups continue to face higher rates of precarious work, homelessness, poverty, under-employment, unemployment and social isolation. The COVID-19 pandemic has increased the inequalities marginalized individuals typically face. Physical distancing may be assisting in decreasing the spread of COVID-19, however being isolated with an abusive partner or homophobic family member can lead to domestic violence. Individuals who have lost their job or child care may now be facing serious financial hardship and under significant stress.

If you or someone you know needs support, PSAC has put together a list of resources that can help. Please see the following page for more information.[:fr]

April 28 is the National Day of Mourning

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Once again, on April 28, we will join over 100 countries in remembering those who lost their lives due to work-related causes. This year, workers around the world are facing additional and considerable challenges posed by the COVID-19 pandemic.

The Customs and Immigration Union attaches great importance to its members’ health and safety and we will continue to do everything we can to protect them from harm.

Given the dangers that so many workers are confronting, let us all observe a moment of silence at 11:00 a.m. on the National Day of Mourning. We also invite all members to (virtually) attend local events organized to commemorate the Day.

Read the CIU National Office Memorandum regarding the National Day of Mourning.

An update from the National President: OIC-11 and discussion with Minister Blair

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On Wednesday afternoon (April 22, 2020), Jean-Pierre Fortin, CIU National President, had a comprehensive conversation with Minister Blair regarding the impact of the recent Order in Council (referred to as OIC-11) on our membership. Here is the update that was communicated to the CIU National Board of Directors, in which the National President highlights issues pertaining to border security, health and safety, and duties performed by officers.


Sisters and Brothers,

I wanted to provide Board members with an update on the conversation I had yesterday afternoon with Minister Blair.

Disclosure of Order in Council 11

The Minister explained that Orders in Council (OIC) cannot be publicly disclosed prior to implementation. That said, he recognized my frustration when I informed him that I had heard directly from Branch Presidents and members – several days ago – about the changes outlined in OIC-11. Worse, when I asked CBSA about these changes on Monday during our weekly teleconference, CBSA management merely stated that they would get back to me.

Border closure and refugees entering the country

The Minister and I agreed that the March Canada-USA border closure had been a good move. However, he then referred to the Safe Third Country Agreement (STCA) and the importance of Canada meeting its obligations under the agreement. The government expects that approximately 90% of those who will enter the country because of the OIC will be reuniting with family members. Should they have any COVID symptoms, they will not be permitted to enter. Should they not present any symptoms, they will be required to self-isolate for 14 days. The government does not anticipate a large numbers of refugees.

Ports of entry of concern

As I stated to the Minister, I am not sure that the number will be as low as the government expects. To that end, I asked if the Minister would agree to CIU providing information directly to him if we find that numbers are higher and are putting our members at risk. He agreed that we should monitor the situation and he wants to hear immediately from me about any concerns we have.

I mentioned POEs that were of concern to us (Lacolle, Niagara Falls, Fort Erie, Windsor, Sarnia, Pac Highway and Douglas). I am asking that Branch Presidents, particularly in these locations, keep an eye on the numbers and inform me immediately if they think that the safety of the public, the refugees or their own safety is being put at risk – and c.c. Mark Weber, CIU 1st National VP.

Health and Safety concerns

I also asked that PHAC and/or Health Canada be on site at these locations to help the POE ensure the Officers’ workplace has appropriate safeguards in place (e.g. plexiglas; markings for distancing). I informed the Minister that at Lacolle, when fingerprints were being taken by the Commissionaires, within a week five of them were contaminated with the virus. The Minister said he is acutely aware of CIU’s wish to ensure its officers are safe. As a former Chief of Police, that was his top priority. He stated that PHAC representatives were stretched thin across the country and they could not be there on a continuous basis.

However, it would be possible for someone with expertise to be sent to conduct a Health and Safety audit and put protocols in place to protect CIU members. When I told him that there was a lack of PPE at certain ports, he committed that his office would be following up with me.  In reference to the fingerprinting of refugees, they can ensure that supplies are available to wipe screens after each person’s prints are taken. Masks would also be provided to refugees as an extra precaution.

First Responder status and border patrol

I asked again about the First Responder status for officers.  When he stated that this request does not fall within the scope of his duties, I reminded him that as a member of Cabinet, he does have a say at the table.

I also reiterated that our Officers would be willing to patrol between POEs in order to keep Canada’s border safe. I suggested that this can be done in partnership with the RCMP (without taking away from their work). I informed him that I had been made aware that in certain areas, the US Border Officers are patrolling its border with US BP. It is my understanding that the RCMP had invited CBSA Officers to patrol with them.

The Minister did not commit to anything in this regard but did state that when he was last at a POE, he was impressed with the degree of collaboration he saw between the CBSA, RCMP and IRCC. He asked that I convey his sincere thanks and respect to CIU members for the work they are doing for Canadians.

At the end of the conversation, he restated that he wants to keep the communication lines open.

In solidarity,

Jean-Pierre Fortin
National President
Customs and Immigration Union