PSAC-CIU Wins Case Allowing Workers to Support Their Union at Work

Boots with orange shoelaces / Bottes avec lacets orange

PSAC-CIU has successfully challenged a Canada Border Services Agency (CBSA) decision that prevented Border Service Officers from showing solidarity with their bargaining team.

In the fall of 2017, the officers began wearing orange shoelaces at work to demonstrate support for their bargaining team. Tensions developed when employees started to wear them as hair ties and bracelets, as well as lanyards. CBSA responded by barring the officers from wearing the shoelaces anywhere but on their shoes.

The Federal Public Service Labour Relations and Employment Board (FPSLRB) recently issued a decision affirming union members’ rights to participate in legitimate union activity – including the wearing of orange shoelaces, whether laced up, as hair ties or as bracelets.

The decision concludes that the employer’s ban was an unfair labour practice and a violation of the collective agreement. The Board also found that there was no evidence “that anyone’s health or safety would in fact be at risk with this usage of the shoelaces.”

Employer can’t dictate how union members express solidarity

The FPSLREB stated that “the CBSA cannot dictate how employees may express their solidarity with their bargaining team.” Where an issue arises, the solution is not a blanket prohibition; nor can the employer use unverified health and safety concerns as a reason for denying the workers’ rights.

Our members are trusted to protect Canadians from terrorism, illegal goods and criminal activity. Therefore, the FPSLREB concluded there is no basis for the employer not to trust them to make common sense decisions when it comes to their safety and the wearing of the shoelaces.

The decision includes an order that the employer must “post this decision for 90 days on its intranet as well as at all BSO worksites.”

Read the full decision here.

A version of this article was posted on the PSAC website.

Statement on the Shooting in Fredericton

Fredericton

Two members of the law enforcement community and two civilians tragically lost their lives when they were shot on August 10, 2018, in Fredericton, New Brunswick. Constables Lawrence Robert “Robb” Costello and Sara Mae Helen Burns died in the line of duty while responding to a shooting that also left civilians Donald “Donnie” Robichaud and Bobbie Lee Wright dead.

This sad and grim event reminds us of the selfless nature of the work that fellow peace officers like Robb Costello and Sara Burns perform everyday, notwithstanding the sometimes fatal consequences. Displaying courage in the face of adversity, both officers laid down their lives protecting their fellow Canadians.

Our thoughts are with the people of Fredericton and New Brunswick, along with the larger law enforcement community, as we offer our most sincere condolences to the families, friends and colleagues of the deceased.

FB Bargaining: Members of Equity Groups Encouraged to Apply to Upcoming Conference

CIU Flag / Drapeau du SDI

The Public Service Alliance of Canada (PSAC) is issuing a call-out for equity group members to attend the Border Services (FB) National Bargaining Conference. PSAC equity activists (Indigenous Peoples, racialized workers, LGBTQ2+ members, and members with disabilities), Regional Women’s Committee (RWC) members, and young worker activists (35 years old or younger) are encouraged to apply:

FB National Bargaining Conference

  • October 10 – 12, 2018
  • Marriott Residence Inn, 161 Laurier Street, Ottawa, ON
  • Component: Customs and Immigration Union (CIU)

Bargaining conferences bring together members to discuss and prioritize the issues that will be negotiated during the upcoming rounds of collective bargaining.

The participation of all groups is critical. We especially encourage equity group members, young workers and RWC members to participate in these upcoming conferences to ensure important equity issues are represented at the bargaining table.

How to apply

To attend the FB National Bargaining Conference:

  • delegates must be employed by Canada Border Services Agency (CBSA),
  • hold office in CIU, or
  • demonstrate evidence of union activism.

Please submit your application before August 17, 2018 to be considered for the upcoming conference.

A version of this article was posted on the PSAC website.

PA, EB, TC & SV Bargaining: Letter to MPs

Bargaining
After more than two years of hardships under Phoenix, our members continue to show up to work every day and deliver the services Canadians depend on. PSAC expects this government to negotiate a collective agreement that recognizes the value of their work and their dedication to Canadians.

Classification Reform: PSAC Files PA Bargaining Unit Policy Grievance

CIU Flag / Drapeau du SDI

The Public Service Alliance of Canada (PSAC) has filed a policy grievance on behalf of the Program and Administrative Services (PA) bargaining unit in response to Treasury Board failing to meet classification reform deadlines.

The classification reform process

Classification reform across most of our Treasury Board bargaining units has been a painstakingly slow process that was further delayed throughout the years of Harper’s cutbacks.

In the last round of negotiations, PSAC’s bargaining team negotiated stronger language into the PA collective agreement regarding a review of the occupational group structure, as well as general timelines for classification reform. The occupational group structure review was to be completed by December 30, 2017.

Failing to meet deadlines

During this round of bargaining, the employer was expected to come to the table ready to negotiate with new classification standards and job descriptions for the PA group. The employer has failed to meet that obligation, which has led to the filing of the policy grievance.

PSAC’s long-standing objectives on classification reform continue to be:

  • replacement of the current, very outdated Treasury Board classification system;
  • development of job evaluation standards and job descriptions that reflect current work realities and that are pay equity compliant.

Now that collective bargaining has resumed we will be addressing this issue at the negotiation table in addition to enforcing the existing contract.

PSAC will continue to pursue a classification system that will evaluate and compensate all of our members fairly and equitably for the important work they do.

A version of this article was posted on the PSAC website.

PA, EB, TC & SV Groups Bargaining: PSAC Pushes for Improvements, Government Starts Slow

Bargaining

As Treasury Board bargaining resumed this week, the Public Service Alliance of Canada (PSAC) responded to the employer’s proposals with a clear mandate for improvements to working conditions. PSAC’s PA, EB, TC and SV bargaining teams highlighted the need for greater work-life balance and improvements to pay and leave, among other important gains for federal public service workers.

Unfortunately, the employer was only prepared to offer their first impressions of PSAC’s non-monetary proposals. It’s disappointing that PSAC came to the table fully ready to bargain, but Treasury Board was only concerned with resolving ‘housekeeping’ issues at this stage.

The majority of federal public service workers have suffered under Phoenix for more than two years and continue to provide Canadians with the critical services they depend on. We expect the government to come to the table prepared to negotiate a contract that reflects that dedication, as well as the value of their work.

PSAC members are still waiting for their Phoenix pay problems to end; they should not have to wait for the working conditions they deserve.

A version of this article was posted on the PSAC website.

Reminder: 2018 Bargaining Demands Input Call for Border Services (FB) Group

FB Bargaining

The Public Service Alliance of Canada will soon be approaching the employer to begin negotiations for the renewal of the collective agreement for the FB Group. To ensure that we succeed in achieving the demands of importance to the membership, member participation and direct input into the process is critical.

Members of the bargaining unit are encouraged to fill out the online form to provide the improvements and changes they would like to see made to the collective agreement.

This form will be online and open for input until July 27, 2018.

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

Update: Accommodations for Use of Force Limitations

Arming Initiative Featured Image, depicting the hand of a BSO on a holstered firearm
On July 4, 2018, the CIU National Executive, the National Human Rights Representative Brother Star, Labour Relations Officer Sister Randle and PSAC Legal Officer Sister Berry met with the CBSA for a G-1 meeting to discuss the Condition of Employment to be armed and the Duty to Accommodate those with use of force limitations.

Deployments Without Full Defensive Equipment, Including Sidearm

Arming Initiative Featured Image, depicting the hand of a BSO on a holstered firearm

In late May of this year, CIU became aware that CBSA would not be authorising the border officers deployed to this year’s G7 meeting to carry their sidearm. This news was subsequently reported on by media outlets, and attracted quite a bit of attention.

That CBSA takes such a position is nothing new. Just as it did during the 2010 Vancouver Olympics, the Agency continues to insist that officers are not authorised to carry their sidearm outside of designated zones, or when they are not applying the Customs Act or the Immigration and Refugee Protection Act.

It has always been CIU’s position that CBSA’s opinion in the matter is wrong, plain and simple – and recently, we have heard from several members echoing our sentiment. Beyond simply being wrong, CBSA’s position is inconsistent, dangerous, and humiliating:

  • It is inconsistent, as plenty of officers – often non-uniformed – carry their sidearm while performing their duties outside of designated areas;
  • It is dangerous, as prohibiting border officers from carrying their sidearm while performing any of their duties undermines the safety and security of both the officers and members of the public. The reality is that the sidearm – and the muscle memory associated with it – is an integral part of the defensive toolkit that officers are trained to use. As law enforcement officers, they must be able to rely fully on this training, regardless of the task performed;
  • It is humiliating, as it forces CBSA officers to rely on fellow law enforcement colleagues to protect them, and it reinforces the false perception – both within the law enforcement community and at large – that border officers are not law enforcement

The Agency’s position also flies in the face of our most recent collective agreement, which the employer accepted, recognizing that our members should be paid at a level commensurate with their law enforcement duties and in line with other agencies. Yet, as the G7 situation illustrates, CBSA continues to deny its officers the respect they deserve as law enforcement personnel.

In terms of immediate actions taken regarding the G7 situation, the CIU National President contacted the Agency on May 31, reiterating the union’s position to the Vice-President of Operations: It is imperative that CBSA officers be armed at the G7 – and in any other work environment.

As far as long-term solutions go, CIU will continue advocating on behalf of members, pressuring the Agency so that CBSA respects its own officers and ensures they are properly equipped at all times to perform their duties in a safe and healthy environment.

Finally, it is crucial to remember that it is the union and its members who fought hard to win the right to be armed. Without the solidarity and hard work of both the union leadership and the members, the employer would never have agreed to the arming of border officers. While we understand that large-scale events such as the G7 or the Olympics can be attractive to officers, participation in such events should not come at the expense of safety, security, and respect. As CBSA officers, it is imperative that we remain united and refuse to be deployed to perform any work without our full defensive equipment, including our sidearm. It is the first and most important step in ensuring that CBSA ceases to treat its own officers as second-class law enforcement officers.

Addendum: In 2010, the CIU National Office issued a memo on the same matter. Download the PDF here.

Border Services (FB) Agreement Signed

Stock photo of signature with the words "FB Group: Collective Agreement Signed"

Today, the Treasury Board signed our new collective agreement for the Border Services (FB) group.

Now that the collective agreement has been signed, all the provisions of the agreement are in effect and CBSA has a maximum of 150 days from the date of signing to adjust employees’ wages and pay out retroactive payments.