FB Bargaining Team Makes Its Case Before the PIC

9 November 2017

As per the Public Service Labour Relations Act, our FB bargaining team filed for conciliation earlier this year when it became clear that the employer was not prepared to seriously address our issues, including parity with other federal enforcement agencies. With the Public Interest Commision (PIC) mediation attempt having failed in October, we proceeded to hearing on November 2 and 6 at the Federal Public Sector Labour Relations Employment Board (FPSLREB).

Over the course of these two days, our bargaining team made our case for compensation parity with other law enforcement agencies across Canada, including other federal agencies under the Ministry of Public Safety. We also made the case – repeatedly – that there are serious problems at the Canada Border Services Agency (CBSA) and that in light of these, we seek new rights for employees particularly as they pertain to discipline, hours of work and arming. CBSA management is not to be trusted. We need new protections.

On the afternoon of November 6, the employer began presenting Treasury Board/CBSA’s case. The employer responded to our wage position by stating that it is inappropriate to compare members of the FB bargaining unit – including Inland Enforcement, Investigations, Intelligence and Border Services Officers – with other large law enforcement organizations such as municipal, provincial and federal police forces. The employer also indicated that there are no recruitment or retention issues at CBSA.

We do not agree. From CBSA YouTube recruitment videos to skeleton staffing at ports of entry to officers being asked to handout recruitment flyers to the public at certain ports, clearly there are recruitment and retention problems at CBSA. As for comparator groups, our position is that a majority of PSAC/CIU members at CBSA are armed law enforcement personnel with police powers, and that compensation needs to reflect this reality.

A final hearing date is scheduled for November 23. We wish to thank the officers from the Ottawa area who came and joined our team at the recent hearings. We’ll be sure to provide updates as things progress. If you have any questions, please contact a member of our bargaining team, or go to psacunion.ca/employer/fb-group.

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

Victory! PSAC Member Awarded Damages in Age Discrimination Case

9 November 2017

In a recent adjudication decision, Diane Legros, a PSAC member who worked for Canada Border Services Agency, was awarded $25,000 in damages because her employer discriminated against her based on her age. The Federal Public Service Labour and Employment Relations Board (FPSLREB) decision awarded these significant damages because the employer refused to allow Legros to take advantage of a retirement incentive due to her age, and that the discrimination was “willful and reckless.”

“We are pleased to see that the adjudicator awarded significant damages for a violation of the Canadian Human Rights Act,” said Robyn Benson, PSAC National President. “It’s important that in cases like this, where managers so blatantly and recklessly discriminate against an employee, that there be a consequence for that. Hopefully, lessons will be learned from this case.”

Denial of alternation based on age

The adjudicator found that the grievor’s age was a factor in the employer’s decision to deny her alternation, which was discrimination. Alternation is available under the Workforce Adjustment Directive during reorganization or downsizing in the public service. It occurs when one employee switches or “alternates” with another employee who has been declared surplus and will lose their job. The employee can alternate into the surplus job and retire with a financial payout known as the “transition support measure”.

Legros wanted to alternate with a surplus employee and take the transition support measure and retire. But her manager refused to allow her to do so because of her age. She was 62 and the manager expected she would likely retire soon and her position could be eliminated at that time.

The adjudicator said that “due to the grievor’s age, [the manager] was relying on the grievor retiring to meet the DRAP’s objectives. For that reason, she denied her a benefit (leaving as an alternate) that others could claim.” This denial of the benefit was age discrimination.

Damages for pain and suffering, “willful and reckless” discrimination

According to the decision, the manager “did everything in her power to prevent [the alternation] from taking place.”

The manager’s refusal continued despite an adjudication decision in another case where the Board had ruled that alternation could not be denied based on the employer’s future plan to eliminate the alternate’s position once he or she retired.

The adjudicator awarded $10,000 in damages for “willful and reckless discrimination” under section 53(3) of the Act, because the manager continued the refusal for a long time, even after the other adjudication decision.

Stating that Legros suffered “significant pain and suffering”, the adjudicator also awarded $15,000 in damages under section 53(2)(e) of the Canadian Human Rights Act.

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

Phoenix: New Training Must Be Accessible to All Employees

8 November 2017

After almost two years after launching the disastrous Phoenix pay system, the government has finally rolled out basic training for all employees.

“This is the kind of training that should be provided before rolling out a new pay system, not two years after the fact,” said PSAC National President Robyn Benson. “Now that it is finally available, the employer must act to ensure all employees are given the time and resources to do the training.”

PSAC reminds our members that they are entitled to take the training during their work hours.

“While this comes two years too late, we nevertheless encourage all of our members to take the training,” said Benson. “But, the employer must ensure all employees timely access to the training and that they are given sufficient time to complete the training at work.”

Important information for everyone paid by Phoenix

Whatever your position, occupational group or employment status (for example, indeterminate, term or student), if you are paid through Phoenix, this training is for you.

These courses are intended to explain how human resources information that affects your pay (such as your work schedule, leave and overtime) is fed into Phoenix, and how to ensure you enter the correct information into the system.

Courses will be tailored for employees, managers, human resources staff, and compensation advisors.

The initial courses will be web-based and are available through GCpedia, on the government’s intranet. Additional courses will be delivered in person.

More information

All employees should be receiving a message with information about the training, including links to the online courses. Treasury Board has prepared a Frequently Asked Questions document with additional information.

If you have trouble gaining access to this training, or if you are not being given sufficient time during work hours to complete the training, please contact your local PSAC representative.

This article was first published on the PSAC website.

PSAC to File Complaint – Treasury Board Will Not Meet PA, SV, TC & EB Collective Agreements Deadline

31 October 2017

PSAC is taking swift action in response to Treasury Board’s admission that it will not be meeting the implementation deadline for the PA, SV, TC and EB collective agreements. On behalf of the over 100,000 workers covered by these agreements, PSAC will file a complaint with the federal Public Service Labour Relations and Employment Board.

“PSAC is seeking compensation for our members,” said PSAC National President Robyn Benson. “This government irresponsibly moved forward with the Phoenix rollout, despite our warnings. Our members continue to suffer because of that decision and it is unacceptable.”

In a meeting last week, Treasury Board officials confirmed that it would not meet the 150-day implementation deadline for all the workers covered by the four collective agreements. These agreements, which took over two and a half years to negotiate, were signed on June 14, 2017.

This admission confirmed PSAC’s suspicion that Phoenix would derail implementation. PSAC will ask the Board to order the Employer to pay damages to those affected, and to take all necessary steps to immediately comply with the Public Service Labour Relations and Employment Act and implement the terms of the Collective Agreements.

Once the employer has responded to the complaint a hearing date will be set. PSAC will continue to keep its members updated on developments.

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

Life Members Attend CIU 18th National Convention

20 October 2017

Picture of CIU Life Members with National President at the 2017 National Convention — CIU Life Members at the 18th CIU National Convention, with the CIU National President. From left to right – Front: A. Doyon, M. Legacy, and S. Charette. Back: R. Moran, G. Brewer, G. Scott, National President J.-P. Fortin, S. Dunnachie, S. Neumann, and G. Ethier. Not pictured, but in attendance: A. Francis. Not attending: A. Gougeon and D. Montgomery.

CIU is honoured to have had in attendance at the 2017 National Convention several Life Members, pictured here with the National President. From left to right, in front: Brother André Doyon, Brother Mansel Legacy, and Brother Serge Charette. Back: Brother Ron Moran, Brother Garth Brewer, Brother George Scott, National President Jean-Pierre Fortin, Sister Sheila Dunnachie, Sister Sue Neumann, and Brother Gaston Ethier.

Also attending was Brother Al Francis (not pictured). Brothers André Gougeon and Don Montgomery were unfortunately unable to attend.

It is also with great sadness that we announce that Brother André Doyon passed away just a few days after the end of Convention, on October 5, 2017. He was named Life Member in 1990, and we are thankful for his contribution to our Union throughout the years. Our thoughts and deepest sympathies go to Brother Doyon’s family and friends.

Discipline: Our Members Need and Deserve Better Protection

18 October 2017

CIU and PSAC have prepared a series of flyers on major FB bargaining issues, explaining what we are fighting for. This week, the issue is discipline.

Continuer

FB Mediation Talks Break Down

18 October 2017

Our PSAC/CIU bargaining team for the FB group filed for a Public Interest Commission (PIC) earlier this year when we reached impasse in negotiations with Treasury Board/CBSA.

At the end of May the Public Service Labour Relations and Employment Board (PSLREB) appointed a Chair of the PIC. Subsequently the Chair set dates for the PIC process – October 17^th and 18^th, November 2^nd, 6^th and 23^rd.

Once the dates were set our bargaining team and the Treasury Board agreed, with the support of the Chair, to use the first two dates (October 17^th and 18^th) to engage in mediation in order to make progress on the issues outstanding. It is common during PIC or arbitration processes for there to be mediation at the outset.

Unfortunately we made no progress in mediation, with Treasury Board and the CBSA demonstrating no movement on the issues raised by our team in bargaining, including critical matters related to wages, hours of work, discipline, leave and protections for our jobs.

As a result, mediation talks have broken down and our team is now preparing to go to hearing at the Labour Board in two weeks.

Our union and our bargaining team remain committed to achieving a fair contract for PSAC/CIU members in the FB bargaining unit, one that addresses the issues we’ve raised with respect to achieving parity with other law enforcement agencies.

We’ll be sure to provide updates as things progress. If you have questions be sure to follow up with your CIU Branch President.

A version of this article was published on the PSAC website. You can also download the PDF version (bilingual document).

Government Must Address Staffing Issues to Smooth Refugee Process

13 October 2017

PSAC is calling on the federal government to address organizational and workload issues resulting from the influx of asylum seekers from the United States. Public Safety Minister Ralph Goodale and Immigration, Refugees and Citizenship Minister Ahmed Hussen must take responsibility for fixing these persistent problems.

“There are not enough front-line workers,” said PSAC National President Robyn Benson. “And, from what we are hearing from our members, it is an organizational nightmare.”

Employees at Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board (IRB) have been given new assignments, made family arrangements to accommodate their new schedules, and are then told the plans have changed again. Confusion over assignment of duties and failures of communication in the workplace are also putting undue stress on these PSAC members working on the front lines.

Our members at Canada Border Services Agency (CBSA) say more resources are needed, including more Border Services Officers. The number of new workers being hired is insufficient. Harper-era job cuts have not been restored by the current Liberal government, and these workers are being asked to do more with less.

“People arriving in Canada, particularly those in duress, deserve to be treated with dignity,” said Benson. “Our members are doing their best. However, without additional resources, clear directions from management, and adequate facilities, these workers will continue to face a workplace crisis.”

PSAC encourages the Ministers responsible for IRCC, IRB and CBSA to listen to their employees about the specific issues that need to be addressed. As always, listening to the people doing the work, and the unions representing them, is crucial to delivering quality public services.

This article was first published on the PSAC website.

’25 & Out’ Retirement – It Makes Sense

13 October 2017

CIU and PSAC have prepared a series of flyers on major FB bargaining issues, explaining what we are fighting for. This week, the issue is ’25 & Out’ – the possibility of retiring after 25 years of service.

Continuer

Last Day of Convention Recap

1 October 2017

reps 2017-2020 — Photo, from left to right: André Beaulieu, Andrew Wiersema, Richard Savage, Chantal Rajotte, Jean-Pierre Fortin, Mark Weber, Joey Dunphy, Murray Star, Insal Fall.

On the last day of the 18^th Convention, delegates voted on Convention Resolutions, and elected the 2017-2020 CIU National Executive, Human Rights Representative, Young Workers Representative, and Alternates:

National President Jean-Pierre Fortin (acclaimed)
1^st National Vice-President Mark Weber (acclaimed)
2^nd National Vice-President Chantal Rajotte (elected)
3^rd National Vice-President Joey Dunphy (elected)
4^th National Vice-President Richard Savage (elected)
National Human Rights Representative Murray Star (acclaimed)
Alternate National Human Rights Representative Insa Fall (acclaimed)
National Young Workers Representative Andrew Wiersema (acclaimed)
Alternate National Young Workers Representative André Beaulieu (acclaimed)