Update: Accommodations for Use of Force Limitations
Victory: PSAC Secures Over a Million Dollars Owed to Border Services Members
PSAC-CIU has successfully challenged, through a policy grievance, a Canada Border Services Agency (CBSA) breach of the Border Services (FB) collective agreement that expired June 20, 2014.
PSAC had negotiated a new annual allowance for all employees performing Border Services duties. The amount was set at $1,250 annually for non-uniformed officers and $1,750 annually for uniformed officers, to be paid monthly to all BSOs who worked a minimum of 75 hours in that calendar month. The Employer however refused to compensate members who worked the 75 hours in the month of June 2013.
Following PSAC-CIU’s legal challenge, the Federal Public Sector Labour Relations and Employment Board (FPSLREB) recently issued a decision affirming that the Employer needed to pay all members in accordance with the provisions of this new allowance for the month of June 2013. This decision makes it consistent with the sick leave and annual leave provisions. This victory will see over 1 million dollars given back to the Border Services members affected and sets a precedent for any future allowances negotiated with similar language.
A version of this article was posted on the PSAC website.
PA, EB, TC & SV Groups Bargaining: PSAC Proposes 3.75% Wage Increase Per Year and Additional Improvements
Bargaining teams representing nearly 90,000 federal public service workers were at the bargaining table with Treasury Board (TB) on October 16-17. This week’s sessions involved elected teams from the Program & Administrative Services (PA), Technical Services (TC), Operations Services (SV), and Education & Library Science (EB) groups, whose collective agreements expired this summer.
PSAC’s bargaining teams remained disappointed by the continued lack of response and meaningful engagement by TB negotiators at the table. Similar to PSAC’s experience at the common issues bargaining session on October 10-11, government representatives did not engage substantially with PSAC’s various proposals, and also did not bother to offer counter proposals.
The teams all proposed economic increases of 3.75% per year for the 2018-2020 period. In addition, each team presented wage adjustments and allowances, as well as other proposals at their specific tables.
Specific bargaining proposals at-a-glance
Program & Administrative Services (PA)
Proposals from the PA bargaining team include a Public Safety Allowance for workers at security agencies in constant risk of mental or physical injury, a Primary Responsibility Allowance for Parole Officers, a higher retention bonus for workers having compensation and benefits related duties, and improved working conditions and training for call centre workers.
The PA team also reiterated its proposals to: improve compensation for overtime work, better address family responsibilities, and enhance work-life balance.
- PA Pay Proposal
- MOU: Compensation Advisor Retention
- Article 58: Call Centres
- MOU: Joint Learning Program
- MOU: Occupational Group Structure Review and Classification Reform
- New article/MOU: WP Specific
Technical Services (TC)
The TC bargaining team tabled a comprehensive wage proposal that seeks to expand and roll all current allowances into salary, add two increments to the top of all members’ pay scales, as well as introduce new occupational allowances to help address a substantial pay gap with others who do similar jobs.
Moreover, the TC team reiterated previously tabled proposals around fair job classification, leave improvements, hours of work, and travel time.
Education & Library Science (EB)
The bargaining team focused its wage proposals on closing the pay gap between EB members and those working outside government in comparable sectors, such as public school boards and academic libraries. And it followed up on a previously tabled proposal to negotiate a new national rate of pay for 12-month Elementary and Secondary Testing (ED-EST) teachers, which government negotiators have been sitting on for more than four months.
The team also presented new proposals aimed at increasing opportunities for professional development.
- EB Pay Proposal
- Article 23: Education Leave
- Article 33: Performance Review and Employee Files
- Article X: Indemnification
Operational Services (SV)
The SV bargaining team proposed market adjustments (in addition to the economic increases mentioned above) for a wide range of job classifications to eliminate the pay gap between public sector positions and comparable jobs in the private sector, as well as initiatives associated with salary grid restructuring. The team also tabled language proposing improvements to the terms and conditions contained in some of the group-specific appendices.
The team also further discussed measures to protect pay and benefits in situations necessitating a Duty to Accommodate.
Next bargaining dates
The next bargaining sessions will be held on:
- November 27-29 for table specific proposals
- December 4-6 for common issues proposals
PSAC has demanded that government negotiators come to the next set of bargaining meetings ready to respond to our proposals and begin meaningful negotiations.
A version of this article was posted on the PSAC website.
PSAC Victory Secures Compensation for Victims of Workplace Sexual Assault
PSAC secured an important victory this past week when the Federal Court of Appeal ruled that a member should be compensated for the sexual harassment and assault she experienced in her workplace.
The case involved a border services officer who had been continually sexually harassed by a co-worker since May 2008, which culminated in a sexual assault on August 2009. While the employer and the Board did not dispute that sexual harassment and assault did occur, the Board nevertheless decided that compensation for pain and suffering was not warranted despite clear evidence of significant emotional trauma
In its decision, the Board referred to the sexual assault as a “vulgar prank” and considered the reaction of the target of the assault as “extreme” and “grossly exaggerated.” The Board further maintained that because the victim was a “confident” employee she ought to have taken different steps in having the matter reported and resolved.
Thanks to the courage of the member who brought this case forward, PSAC successfully appealed the Board’s decision and received the positive ruling last week. The Federal Court of Appeal confirmed that there is an obligation to compensate victims of sexual harassment and violence, and further, that sexual assault survivors can be compensated for harm suffered regardless of whether the sexual assault was the sole cause of the harm.
“This is such an important victory for any victims of sexual harassment and assault in the workplace. The message is clear: the impact on workers should be taken seriously, and they should be compensated for their suffering,” said PSAC National President Chris Aylward.
The Court was also very critical of the Board’s original decision for having perpetuated rape myths. The Court affirmed that there is no one typical response by victims to sexual assault, and further that the Board could not substitute its own concept of common sense in place of the actual evidence of pain and suffering.
A version of this article was posted on the PSAC website.
Common Bargaining Issues: PSAC Frustrated by Lack of Progress on Treasury Board Bargaining
The bargaining team representing the common issues for nearly 80,000 public service workers resumed contract negotiations with Treasury Board (TB) on October 10-11, but left the meetings disappointed and frustrated. TB negotiators have yet to table proposals on a number of issues they previously flagged for discussion, and came to the table with no response to most of PSAC’s proposals, which they have had since June.
Despite the Government’s inaction, PSAC’s bargaining team continued advancing our members’ interests and concerns on a number of key issues. They presented proposals on pay administration and Phoenix-related issues, mental health in the workplace, childcare, and a protocol for negotiating the terms and conditions of work for civilian members of the RCMP who are pay-matched to PSAC bargaining units.
Our Phoenix-related demands include:
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Employees are to be paid on time, and daily interest is to be paid to employees who do not receive their proper pay, based on the Bank of Canada’s daily compounded interest rate.
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No repayments of overpayments are to be made until all the employee’s pay issues have been resolved. Moreover, the repayment schedule will not exceed 10% of the employee’s net pay unless the employee opts for a larger amount.
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Rules around salary and benefit advances, and language providing for accountant and financial management counselling for employees negatively impacted by Phoenix.
PSAC’s bargaining team put Treasury Board on notice that for the next common issues bargaining session scheduled for the first week of December, we expect government negotiators to table the remainder of their proposals, and to finally start negotiating seriously.
This week’s bargaining session included elected teams representing members from the Program & Administrative Services (PA), Technical Services (TC), Operations Services (SV) , and Education & Library Science (EB) groups, whose collective agreements expired this summer.
Bargaining sessions for each specific group will be held on October 16-17.
A version of this article was posted on the PSAC website.
Border Services Delegates United and Ready for Upcoming Negotiations
PSAC / CIU members working at the Canada Border Services Agency (CBSA) held a Bargaining Conference in the National Capital Region, October 10 to 12, 2018, to prepare for upcoming negotiations for a new collective agreement. Border Services delegates from across the country are united and ready to fight for a fair collective agreement.
Delegates reviewed membership recommendations for contract improvements, discussed the bargaining process and developed mobilizing strategies for members in their regions and across Canada.
Delegates also elected the Border Services (FB) Bargaining Team, which will sit across from the employer throughout negotiations and fight for improvements to the current contract. The most recent four-year collective agreement with CBSA expired June 20, 2018.
The team will provide regular updates during the bargaining process. The full package of bargaining proposals will also be made available once it is presented to the employer.
We strongly encourage members to visit the FB bargaining webpage, sign up to receive the PSAC electronic newsletter directly, and stay in touch with elected bargaining team members:
Border Services (FB) Bargaining Team
- Leanne Hugues, Border Services Officer, British Columbia
- Claude Bouchard, Border Services Officer, Quebec
- Frances Baroutoglou, Border Services Officer, Ontario
- Jonathan Ross, Border Services Officer, Atlantic
- Michael Aessie, Border Services Officer, Prairies
- Mathew Ashworth, Border Services Officer, Ontario
- Ken Turner, Border Services Officer, Ontario
- Joey Dunphy, Border Services Officer, Atlantic
- Charles Khoury, Senior Program Officer, National Capital Region
Alternates
- Mathieu Landry, Quebec
- Murray Star, Ontario
- Stewart Saunderson, Ontario
- Tammy Firlotte, Atlantic
- Jordan Smith, Ontario
- Keith Palmer, British Columbia
- Andrew Wiersema, Ontario
- Emily Henry, Ontario
PSAC Research Officer
- David-Alexandre Leblanc
PSAC Communications Officer
- Jonathan Choquette
PSAC Negotiator
- Morgan Gay
A version of this article was posted on the PSAC website.
Border Services Bargaining Conference Begins Today
Border Services (FB) delegates are meeting this week in the National Capital Region for a three-day bargaining conference. Members from across the country are gathering from October 10 to 12 in order to prepare for upcoming negotiations for a new collective agreement.
Throughout the conference, the delegates are:
- learning about the collective bargaining process,
- reviewing bargaining proposals and discuss priorities,
- developing mobilization strategies, and
- electing their bargaining team members.
Treasury Board signed their most recent agreement on July 3, 2018.
The four-year collective agreement, which expired June 20, 2018, finally delivered the respect deserved as law enforcement personnel, including the largest increases for law enforcement personnel achieved by any union in Canada for the same period of time.
Stay up to date with bargaining news by visiting the Border Services bargaining webpage, or sign up to receive the PSAC electronic newsletter.
A version of this article was posted on the PSAC website.
Victory: PSAC wins major improvements to Public Service Dental Plan
After lengthy negotiations and an arbitration process, PSAC has won a major victory for the Public Service Dental Care Plan, which will result in substantial improvements for your coverage.
“The government dragged this process out by trying to get us to accept reduced coverage for our members,” said Chris Aylward, National President of the Public Service Alliance of Canada. “But our position has always been that our members deserve better, and I’m very pleased that the arbitration panel agreed with us.”
The major highlight is a 47% increase to the annual maximum for routine and major services. The current maximum of $1,700 per year will gradually increase to $2,500 per year as follows:
- $2,000 per year starting on January 1, 2019;
- $2,250 per year starting on January 1, 2020; and
- $2,500 per year starting on January 1, 2021.
Additionally, as of January 1, 2019, the following changes will be made:
- Dental implants will be covered. Implants had been partially covered by deeming them to be another procedure (i.e. bridge or denture). This would often lead to gaps in (or problems with) coverage. They are now covered in their own right.
- Coverage for replacement fillings for children will be possible 12 months after the initial filling was done (instead of 24).
- Congenitally missing teeth will be covered until age 21 (up from 19).
- Coverage during suspensions is improved.
- An allowable break in service to become eligible for the plan is extended from 5 to 7 days. Ability to have coverage for extra scaling approved retroactively. Currently, this may only be approved going forward.
The full text of the new dental plan will be posted online in the near future.
The government made a large number of proposals to the arbitration panel that sought to weaken the dental plan. Very few of them were accepted and the ones that were accepted are small and have a very minor impact on plan members. These are:
- Charges for oral hygiene instructions will now be limited to once per lifetime per adult (and remain once per year for children).
- Coverage is eliminated for minor issues such as:
- The assistance of a second oral surgeon.
- Dental professional peer consultation.
- Trauma control if done at the same time as treatment for caries or pain control.
- Enlargement of the canal or pulp chamber as a part of dental treatment separate from doing a root canal.
Any other proposals that are not mentioned above will remain status quo without change.
A version of this article was posted on the PSAC website.
Treasury Board Bargaining to Resume in October
PSAC will return to the bargaining table with Treasury Board on Oct. 10 to 11 to negotiate issues common to the Program and Administrative Services group (PA), Operational Services group (SV), Technical Services group (TC), and the Education and Library Science group (EB). Negotiations on issues specific to each table will resume from Oct. 16 to 17.
At the last round of negotiations in July, PSAC came to the table with clear proposals and a strong mandate to move forward. Unfortunately, the employer did not show that same level of commitment, and instead was unprepared to make any real progress.
When we sit down to bargain in October, we’ll be focused on important issues like:
- ensuring salaries keep up with inflation, and that wage gaps are closed;
- improving work-life balance like extending the parental leave top-up from 37 weeks to the full 63 weeks now available;
- addressing workload and reducing the use of temp agencies and precarious contract work.
After two years and a half years of hardships under Phoenix, our members continue to show up to work every day and deliver the services Canadians depend on. The least this government can do is negotiate a collective agreement that recognizes that commitment and the importance of the services they provide to Canadians.
It’s outrageous that PSAC members are still waiting to get paid correctly – they shouldn’t also have to wait to get the working conditions they deserve.
A version of this article was posted on the PSAC website.
Phoenix: PSAC Launches Here for Canada National TV Ad Campaign
The Public Service Alliance of Canada (PSAC) is launching a national television ad campaign to highlight the dedication of public service workers throughout the Phoenix pay system disaster, which has now been going on for two and a half years. Despite missed paycheques, fending off debt collectors, and managing endless uncertainty, PSAC members have continued to be here for Canada.
“Most people would quit their job if their employer stopped paying them properly, but federal public service workers keep showing up to work day after day,” said Chris Aylward, PSAC National President.
“They continue to protect our borders, ensure our food is safe, and provide other vital functions like getting out pension cheques, child benefits, and EI. We want to make sure Canadians understand their unwavering commitment to keep providing the services they depend on,” said Chris Aylward, PSAC National President.
PSAC is also launching a second video online as part of the Here for Canada campaign. It features testimonials of the damage caused by Phoenix.
“So many families have suffered major hardships because of Phoenix. It’s important to share their stories and ensure that everyone knows about the toll it has taken on people’s lives,” said Magali Picard, PSAC National Executive Vice-President. “Phoenix is still causing problems for thousands of our members and the government needs to do more to end this nightmare.”
A version of this article was posted on the PSAC website.