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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

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

Bargaining

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

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

Peace Arch

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.

Peace Arch
Photo: Patrick Bragg

SV bargaining: Government still focused on pushing concessions

Bargaining

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

Bargaining

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.

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