Essential Services Agreement Update

FB Bargaining

With the possibility of a strike vote on the horizon, the Essential Services Agreement (ESA) requires some clarification. This is new territory for both the union and the members, with a first ESA in place since fall 2017 only. We are hoping that this information will help address questions you may have, and give a better idea of what is in store should a strike vote result in a strike being called.

As a starting point, please review the PSAC’s list of Frequently Asked Questions (FAQ) on essential services as ot addresses several important questions. Some of the information below reflects the FAQ.

Unlike essential designations that applied to a whole position, the ESA identifies services/duties that are necessary for the safety and security of the public. It is therefore possible to be in a position where none of your duties or where only some of your duties are deemed essential.

Again, it is important to note the association to the safety and security of the public. As an example, the PSLRB decision Public Service Alliance of Canada v. Treasury Board, 2009 PSLRB 155 clarifies which services performed by Border Services Officers are considered necessary for the safety of the public, and therefore essential. These are:

  • Conducting inspections, examinations and verifications of travellers, goods and conveyances to reach release-or-entry decisions and deciding appropriate action when non-compliance is suspected or encountered.
  • Providing a first-response capability with powers to arrest or detain individuals suspected of having committed offences under various Acts of Parliament.
  • Maintaining effective relations, interactions and exchanges with clients, stakeholder organizations and law enforcement agencies to maintain border integrity and security.
  • Analyzing data and information for inclusion in databases for use in client service, risk management and targeting people or goods to maintain border integrity and security.
  • Completing briefing notes, technical reports, client files, statements and seizure reports to update databases to maintain border integrity and security.

Conversely, duties not deemed necessary for the safety of the public are not considered essential. Again, for BSOs, according to the 2009 PSLRB decision, these are:

  • Assessing and collecting duties, taxes, fees and fines.
  • Completing briefing notes, technical reports, client files and statements not related to maintaining border integrity and security.
  • Providing information, through sessions, technical workshops and outreach activities to travelers, importers and exporters to educate them concerning the legislation, regulations and procedures of the CBSA and other government departments/agencies to encourage voluntary compliance and to respond to enquiries, concerns and service complaints.

Note that the example above applies only to BSOs – essential and non-essential duties can and will vary depending on the specific position. In all cases, however, the standard is the same: Duties are considered essential if they are necessary for the safety and security of the public.
The employer will be issuing ESA notices by email to members performing duties deemed essential.

Table on FB positions performing tasks deemed essential

Please refer to the image above for an overview of the proportion of positions that perform tasks deemed essential for the safety and security of the public, for each job title. For example, more than 90% of Inland Enforcement Officer positions are considered to be performing duties essential to public safety. This means that the vast majority of Inland Enforcement Officers will receive an ESA notice.

Finally, in terms of strike activities, members performing essential tasks cannot participate in strike activities while on duty, but can participate while off-duty, on their own time. Furthermore, members asked to perform non-essential duties should challenge management on such direction and contact their Branch President. If members are ordered, they should follow the “work now, grieve later” rule. If this occurs, members should write down the date, time, manager’s name and the duties performed and provide this to a Union rep immediately. Similarly, if a supervisor asks members to perform the duties of an employee who is on strike, they should say no. If then ordered, they should work, then grieve.

More information will follow.

Members Rally on February 14 at PAC Highway Border Crossing

Picture of a demo in PAC Highway stating "We keep Canada's borders safe. We deserve to be treated fairly"

CIU/PSAC members rallied near the PAC Highway border crossing on February 14, calling on the government to show Border Services personnel some love, treat them as law enforcement, and give them a fair contract. These men and women have been without a contract for over three and a half years – they protect Canadians every day, and deserve fair treatment.

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PA, TC, SV, and EB Groups: PSAC to Start Bargaining Process for 100,000 Federal Government Workers in March

Bargaining

PSAC members from coast-to-coast-to-coast who are covered under four of the collective agreements with Treasury Board will be gathering in Ottawa, March 26-29, 2018 to elect bargaining teams and discuss proposals for the upcoming round of bargaining.

“PSAC’s number one priority is getting the best deal for our members,” said PSAC National President Robyn Benson. “We have a democratic process for prioritizing the proposals we bring to the bargaining table. The bargaining conference is a critical step in ensuring our members have their say.”

Over 100,000 federal public service workers are covered under the PA, TC, SV, and EB collective agreements.

How Treasury Board bargaining works

The current collective agreements for the four groups will all expire within the next six months:

  • Program and Administrative Services (PA) group collective agreement expires on June 20, 2018
  • Technical Services (TC) group collective agreement expires on June 21, 2018
  • Education and Library Science (EB) group collective agreement expires on June 30, 2018
  • Operational Services (SV) group collective agreement expires on August 4, 2018

PSAC will begin negotiating new collective agreements for all four groups shortly after the March bargaining conference. The chart below briefly outlines the complete process.

Bargaining FlowchartA version of this article was first published on the PSAC website.

Members Rally in Thunder Bay

Picture of a demo in Thunder Bay stating "We keep Canada's borders safe. We deserve to be treated fairly"

Our Sisters and Brothers from Thunder Bay and Pigeon River, in Ontario, picketed the CBSA office in Thunder Bay on Monday February 12, putting pressure on the employer to treat FB members fairly – as law enforcement officers.

These men and women protect Canadians every day. CBSA praises its members as law enforcement when it suits them in the media, while failing to address the need for parity with other law enforcement agencies at the bargaining table. That has to change – FB members deserve real respect.

FB Bargaining: Keeping the Pressure On!

CIU Flag / Drapeau du SDI

Fellow CIU members, as National President of CIU, and as a Border Services Officer with over 18 years experience on the front line, I want to thank those CIU members over the last several months who have taken action at their ports, offices and outside their MPs’ offices in support of our fight for a fair contract. Officers from Edmunston, New Brunswick to Douglas, British Columbia and many points in between have participated in demonstrations and rallies in support of our fight.

We have reached a critical stage in our negotiations with CBSA and Treasury Board. It has been a long and frustrating process. We spent two and a half years (CIU and PSAC) before the courts and the Federal Public Sector Labour Relations Employment Board defending our collective bargaining rights as we challenged the previous government’s Bill C-4 and Bill C-59.

With other PSAC bargaining units we fought against attacks on our sick leave. We won that fight.

We are awaiting the Public Interest Commission’s recommendation. I want to commend the work of our Bargaining Team in representing us before the Commission. A copy of the brief submitted to the Commission is available on the CIU and PSAC websites.

As we await this recommendation CIU branches across the country have been taking action. MPs’ offices have been lobbied. Rallies have been held outside CBSA ports. The PSAC and CIU have erected billboards in several key locations across the country to inform the public of our fight for parity with the broader law enforcement community.

Fellow FBs, there is a very real chance that we will be taking the next step in the legal process after we receive the PIC recommendation – a strike vote, followed potentially by a strike if we do not reach a fair agreement. Because of our court challenges against the government, we will then have the legal right to engage in a number of worksite activities and pressure tactics that we have been restricted from doing up until now.

Now is the time for us to stand united and show CBSA and Treasury Board our solidarity. We can win this fight, but to do so we must stand together. The victories that we have won in the past – from the arming of officers to VSSAs to a 19.5% wage increase for officers in our first FB contract – all happened because we acted in solidarity.

If you have questions or concerns, or if you have ideas about how we can further pressure elected officials or our employer in this struggle, please speak with your Branch President. Please be sure to monitor the CIU and PSAC websites for regular updates.

In solidarity,

Jean-Pierre Fortin
CIU National President

Photos of the 2017 CIU National Convention

Banner for the 2017 CIU National Convention, which will take place from September 29 to October 1st, 2017, in Ottawa, with the slogan "united and looking to the future"

Photos taken during the CIU National Convention can now be viewed on the following site.

Copies can be ordered directly from Murray Mosher.

Non-Uniformed FB Members Rally in Ottawa

Picture of a demo in Ottawa stating "We keep Canada's borders safe. We deserve to be treated fairly"

Non-uniformed FB members from CIU Headquarters Branch 70066 rallied today in front of Vanier Towers in Ottawa, reminding Canadians of the importance of the work they perform as part of CBSA’s law enforcement operations.

Every day, they strengthen front-line activities and help protect our communities, and they deserve to be treated fairly by the government.

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Members Hold Rally in Halifax

Picture of a demo in Halifax stating "We keep Canada's borders safe. We deserve to be treated fairly"

Members of the CIU Nova Scotia Branch rallied in Halifax early this morning, bringing attention once more to the importance of the work performed by the front-line men and women who keep our country’s borders safe, and deserve fair treatment.

“Our members act as Canada’s first line of defense,” said CIU 3rd National VP Joey Dunphy. “Every day, Border Services personnel stop drugs and weapons from entering the country. They apprehend criminals, and they help protect our communities. In short, they perform the same work as other law enforcement personnel, and it is high time that they be recognized as such.”

After 3.5 years of bargaining, the employer is still pushing for concessions that devalues the work members of the FB Group perform on behalf of all Canadians, and continues to refuse to provide parity with other law enforcement agencies.

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Update Regarding PIC Recommendation: Delay Granted

FB Bargaining: PIC Update

The Union’s nominee on the Public Interest Commission (PIC) panel has been in contact with our PSAC Negotiator. Our nominee informed our Negotiator that, given the number of matters in dispute between the union and the employer, more time is needed for the panel to complete a recommendation.

Our Negotiator agreed to an extension for the PIC to do its work.  As soon as we have a recommendation from the PIC we’ll be sure to provide an update.

Strong Start to 2018 – Members Rally in Windsor

Picture of a demo in Windsor stating "We keep Canada's borders safe. We deserve to be treated fairly"

A new year means more rallies: CIU & PSAC members kicked things off for 2018 by demonstrating in Windsor (CIU local 00018) today. With a large number of members in attendance, this rally is the latest in a series of demonstrations supporting the FB bargaining team, reminding Canadians that FB members protect Canada’s borders, and sending a clear message to the employer : It is time to treat FB members with respect. These men and women put themselves in harm’s way, they are law enforcement, and they deserve a fair contract.

CIU and PSAC members from different locals were present, including CIU National President Jean-Pierre Fortin and 1st National VP Mark Weber. Thank you to Windsor & District Labour Council, UNIFOR 444, Iron Workers 700, IBEW 773, WUFA, Ontario Teachers Federation, CUPW, CUPE and LIUNA 625 for their solidarity and support. MPP Taras Natyshack, MPP Lisa Gretsky, and MP Brian Masse were also present.

In the news:

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