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FB Day of Action October 10th

We deserve a fair contract. Now.

Over the last several months we have been subjected to ultimatums, attempts to circumvent the bargaining process, final offers and even a forced vote that was found to be non-compliant with federal labour law. In the meantime, Treasury Board meets with employees of other federal law enforcement agencies and agrees to settlements that address issues and provide for superior compensation. It then tried to keep one
of those settlements secret from us.

Enough is enough. We are not second-class public servants.

The PSAC and CIU are calling for a day of action at locations across the country on Thursday, October 10th.

We want CBSA/Treasury Board to return to the bargaining table and agree to a fair contract. They have negotiated in good faith and reached fair agreements with other Public Safety workers such as Parole Officers and Corrections Workers. We deserve nothing less.

Stay tuned… Activities and locations will be announced soon. In the meantime, if you have any questions please contact your Shop Steward or Branch President.

Parties to return to the FB bargaining table on Monday

FB workers assist Bargaining Team in getting their message across on October 10th Day of Action.

Last week’s bargaining session ended with CBSA/Treasury Board taking the position that workers in the FB bargaining unit deserve less than what has been agreed to for other federal law enforcement agency employees. The following day, members in locations across Canada participated in a Day of Action to demonstrate to the employer that we deserve better.

On October 15th, PSAC National President Robyn Benson and CIU National President Jean-Pierre Fortin met with Treasury Board President Tony Clement to discuss the situation and to reiterate our call for a fair contract.

In the wake of both that meeting and last week’s demonstrations, the parties will be returning to the bargaining table on Monday to resume negotiations. Our hope is that the employer will finally be prepared to settle on a contract that is fair for FB workers, and is nothing less than what has been agreed to for other federal enforcement agency workers.

Union pushing for immediate ESA talks

For the past several years our union has been wrangling with CBSA over designations in an effort to achieve Essential Services Agreements. These agreements determine essential work which must continue to be carried out in the event of a legal job action. The PSAC has contacted CBSA and Treasury Board to set meeting dates in the immediate future in an effort to finalize all ESAs.

Congrats to all who participated last week. There will be more membership mobilization activities organized in the coming weeks to provide each member the opportunity to help our Bargaining Team obtain a fair contract.

Two Days of Contract Talks & No Contract – Today is our Day of Action

WHY NOT US?

Bargaining Team spends two days round the clock in meetings with management, only to be told at 5 am Thursday that we deserve less.

For two and a half years we have gone without a new contract. During that time Treasury Board has negotiated with and reached settlements with all other Treasury Board groups. This includes other federal law enforcement agency employees such as Parole Officers and Corrections workers. In the meantime we have been subjected to ultimatums, forced votes and attempts to by-pass our elected Bargaining Team. We have been indicating for months – since the spring, in fact – that we are ready to bargain. We have also indicated that we seek the same terms and conditions of employment as those that are currently in place for other federal law enforcement agency employees.

After the government’s forced vote was thrown out by the federal court we again reiterated our willingness to meet and bargain. After weeks of delay Treasury Board finally agreed to meet. We met with them over the last two days – Tuesday the 8th through to 5 am on Thursday the 10th. There was much discussion on the issues outstanding between the parties. Early Thursday morning Treasury Board/CBSA indicated that the government is not prepared to agree to improvements to our collective agreement that reflect what was agreed to for Corrections Canada workers two months ago. This when Corrections workers already enjoy superior pension benefits compared to FB workers. We work in the same department, the same ministry, for the same government. We keep Canadians safe. We deserve better than this.

We continue to be ready to negotiate and are willing to set additional dates for bargaining. But we are not second class federal workers. We deserve the same as others – no more, and certainly no less. We deserve a fair contract.

FB Contract Talks to Resume Next Week

Treasury Board/CBSA prepared to reconvene with our Bargaining Team in Ottawa

For months our Negotiating Team has indicated that we are ready to negotiate. We reiterated this again after the Government’s forced vote was thrown out by the federal court last month. We have also indicated that we seek a fair contract, comparable to what Treasury Board has agreed to for union members employed at other federal law enforcement and public safety agencies. On Tuesday evening Treasury Board/CBSA contacted us to set dates to reconvene the negotiating teams in Ottawa. We have agreed to reconvene next week, beginning Tuesday morning.

Day of Action October 10th.

On October 10th activities have been organized in locations across the country in support of our efforts to achieve a fair contract. Given that we have spent two years without a new contract, and given that we have been repeatedly offered significantly less than what Treasury Board has agreed to for workers at other federal law enforcement and public safety agencies, we are taking action to impress upon Treasury Board/CBSA that we deserve better. We deserve to be treated with respect. If no agreement is reached by the morning of October 10th, our Day of Action will proceed as planned.

In several locations preparations are well under way for the 10th. For more information, speak with your Shop Steward, Branch President or Regional PSAC Representative.

Forced vote dates confirmed for FB group

We have now received confirmation from the Public Service Labour Relations Board (PSLRB) on dates for the forced vote for the FB group. Voters’ packages will be sent out starting August 7th. Members will have a chance to cast their ballot electronically starting August 15, 2013. The voting will be open for a three week period: August 15, 2013 at 9:00 a.m. (EDT) to September 5, 2013 at 9:00 a.m. (EDT).

Treasury Board Signs Agreement with Corrections Workers

TREASURY BOARD HIDES DETAILS OF SETTLEMENT UNTIL AUGUST 16TH.

After more than three years without a new collective agreement, Correctional Services workers (CX) reached a negotiated settlement with Treasury Board. Details of the settlement are kept secret by both parties because Treasury Board insisted, as part of the agreement, that the details not be released until 5 PM August 16th, 2013.

To date, the FB group is the only one facing a forced vote on a Treasury Board final offer. Imposing a vote on an offer that has not been agreed to by a union’s elected bargaining team has never happened in the history of Federal Public Service.

We have now received confirmation from the Public Service Labour Relations Board that voting on the employer’s final offer will take place over the following three week period: August 15, 2013 at 9:00 a.m. (EDT) to September 5, 2013 at 9:00 a.m (EDT).

PSAC National President Puts CBSA On Notice Over Employer Communication

CBSA/TREASURY BOARD COMMUNICATION TO EMPLOYEES CONTAINS MISLEADING AND INACCURATE INFORMATION.

On Friday July 5th CBSA and Treasury Board contacted employees in the FB bargaining unit with information concerning the employer offer that the government is submitting to a forced vote. The information posted by the employer contains a number of misleading inaccuracies. For example:

• The employer’s communication states that the Public Interest Commission (PIC) recommended “NIL” in respect to the Bereavement Leave and Family-Related Responsibility Leave improvements proposed by PSAC. This is not accurate, as the recommendation does speak to the improvements proposed by the PSAC.

• The employer’s communication states that the PIC did not recommend the lump-sum arming payment being proposed by the employer for some employees. What management’s communication does not state is that the lump sum payment was never proposed to the PIC by the employer and therefore it cannot be included in the recommendation.

• The employer’s communication states that the PIC recommended “no change” with respect to seniority. This is not accurate. The PIC recommendation provides for seniority to determine line selection for all employees covered by a VSSA, and for vacation scheduling for all employees in the bargaining unit.

• The employer’s communication also speaks to the potential for the forced vote on management’s offer to take place during a strike. There is no strike imminent. In fact our essential services agreements have yet to be resolved, a vote by the membership has not taken place, nor is any vote being considered at this stage in the process. Both essential services agreements and a vote of the membership are required before a strike could be considered.

In response, PSAC National President has put CBSA President Luc Portelance on notice. Misleading and inaccurate information is unacceptable, and is a violation of labour law. If it is not taken down the PSAC will be taking legal action. For a copy of President Benson’s letter, or for more information, go to: http://bit.ly/18k9q0g

Top 10 reasons to vote NO

On June 7, 2013 the Minister of Heritage, James Moore, ordered that a vote on the employer’s final offer be imposed on the FB bargaining unit. Here are the top 10 reasons to vote no.

1. DANGEROUS PRECEDENT:
We must reject CBSA and Treasury Board’s heavy-handedness and complete disrespect for the collective bargaining process. To do otherwise would set a very dangerous precedent.

2. RESPECT & PRIDE:
We must take a stand and tell our employer that comparing our work to Security Guards is wrong. The Public Interest Commission (PIC) recommendation recognizes the important work that we do as law enforcement agency employees. We should be treated accordingly.

3. NON-UNIFORMED:
The Employer’s final offer does not address issues that we’ve raised concerning non-uniformed workers.

4. PROTECTION:
Unlike the PIC recommendation, CBSA’s latest final offer does not provide the same protections for employees being armed as those agreed to at the last round of negotiations.

5. PARITY:
In terms of salary increases, many other groups in the federal public service, including Parole Officers who work in the same department as we do, have been given more than what is in the CBSA offer.

6. WE DESERVE BETTER:
In terms of salary increases, no other bargaining unit in the federal public service has received less than what’s contained in CBSA’s final offer.

7. PART-TIMERS:
The Employer’s final offer does not address issues that we’ve raised concerning parttime workers, even though the PIC recommendation includes new rights for part-timers.

8. MEAL PERIOD:
The CBSA’s final offer does not provide for a pensionable paid meal period for union members. A paid meal period is the norm for virtually all law enforcement workers in this country,
including Correctional Officers and RCMP Constables who work for the same department as we do. The PIC recommendation opens the door for serious discussion on this issue.

9. EQUALITY:
The one-shot $2000 taxable arming ‘carrot’ is only applicable to some BSOs at armed ports.

10. RIGHTS:
The Labour Board recently indicated that the law provides for union access to CBSA workplaces, and the PIC recommendation also contains union access rights, yet CBSA’s latest final offer ignores both the PIC recommendation and the Labour Board in this regard.

We protect and defend our borders, we take pride in what we do. Vote NO, so that we can get back to the table and negotiate a fair contract.

Continued job action by Foreign Service officers and implications for CIU members

The Professional Association of Foreign Service Officers (PAFSO) thought it was important to provide an update on recent developments about their members and inform other unions about the implications of PAFSO job action for members of the [EC / CO / LA / PM / AS / FB] bargaining unit.

RECENT DEVELOPMENTS
As you may know, PAFSO job action has now entered its fourth month. They are seeking wages equal to those of other federal government professionals performing similar or identical work within Canada. An outline of their key issues can be found at http://www.pafso.com/news_releases.php?newsID=151.

Since June 6, PAFSO has escalated its service withdrawals to encompass hundreds of employees in dozens of work locations in Canada and abroad. This follows a collapse of talks on June 5 during which the employer decided not to revise its pay offer, again presenting the same offer to PAFSO that had been on the table since negotiations began 20 months earlier. PAFSO was advised that this decision has been made at the highest political level.

As a result, PAFSO’s job action strategy is now aimed at disrupting all Cabinet-level international priorities and travel (including that of the Prime Minister) as well as visa and immigration processing at Canada’s major processing centres abroad. As of early July, the effects of this strike on Government business and the Canadian economy are increasingly severe and mounting. We understand that barring meaningful engagement by the Government at the negotiating table, it is PAFSO’s intention to continue to exert maximum pressure throughout the summer and into the fall if necessary.

WHAT THIS MEANS FOR YOU
Current job action by PAFSO has important implications for labour relations across the federal public service in the short and long term. We keen to ensure that our own union and our members provide as much support to PAFSO’s efforts as the law allows.

1. All members: We ask all [CAPE / PIPSC / AJC / CEIU / UNE / CIU] members to continue to show support for PAFSO members who are on strike and to respect the lawful job action process by not attempting to perform any of the duties of striking FS employees. If directed by your supervisor to do so, you should refer them to your department’s own Guide for Strike Preparation, which states clearly that “Employees in other bargaining units should not be asked to perform duties of employees on strike.” If your supervisor persists, please contact your [CAPE / PIPSC / AJC / CEIU / UNE / CIU] labour relations officer for guidance.

2. Members assigned to FS positions: Substantive members of [CAPE / PIPSC / AJC / CEIU / UNE / CIU] bargaining units currently assigned/acting in a FS position are deemed under the Public Service Labour Relations Act to be members of the FS bargaining unit for the duration of their assignment and are therefore eligible to participate in job action. (The Public Service Labour Relations Board confirmed in its 2004 Potter decision that “you are what you do” is the overriding principle in determining an employee’s bargaining unit.) We urge all such members to follow job action instructions from PAFSO. This is true even if your union dues are still being directed to [CAPE / PIPSC / AJC / CEIU / UNE / CIU]: there is often a lag within a department’s compensation services in updating membership lists (“check-off”) for unions and redirecting union dues appropriately, especially in departments with heavy rotationality like DFATD and CIC.

3. Members on short-term deployments doing FS work: Substantive members of [CAPE / PIPSC / AJC / CEIU / UNE / CIU] bargaining units on short-term deployment (“temporary duty”) at missions abroad to provide surge capacity during peak season are performing FS work and deemed to be members of the FS bargaining unit for the duration of the deployment – even though you are not assigned to a specific FS position. This applies especially to employees deployed to CIC visa processing centres (generally PM or FB group members). You are eligible to participate in job action and we urge you to follow PAFSO’s instructions. No matter what your manager may say, you can not be disciplined for participating in lawful job action by your bargaining unit at the time. Management is prohibited from using replacement workers from other unions to compensate for the absence of striking Foreign Service officers, and PAFSO has signaled its intention to pursue an unfair labour practice complaint in cases where managers seek to circumvent job action by obstructing unionized employees on short-term deployments from striking.

4. Members who withdraw services on PAFSO’s behalf: PAFSO has confirmed that they will reimburse 100% of net pay recovered by the employer as a result of your participation in service withdrawals – even if your salary scale (which is protected during your assignment to a FS position) exceeds FS rates of pay. Remember that, under law, the employer may only recover salary plus Foreign Service Directives (FSDs) 56 and 58, prorated to the exact number of days for which you withdrew service. This is confirmed in Treasury Board’s “Policy on Strikes” (http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12607). If you are on temporary duty and receiving FSD 8 (Short-Term Assignments outside Canada), the employer can not withhold accommodation, flight, or per diem costs.

In closing, the PAFSO wishes to thank all members for their continuing support and solidarity for our Foreign Service colleagues. Please contact your CIU labour relations officer should you have any questions concerning these or other implications of PAFSO job action for you and your work.

FAQ & PSLRB notice on the forced vote process

On June 7, 2013 the Minister of Heritage, James Moore, ordered that a vote on the employer’s final offer be imposed on the FB bargaining unit. You will be seeing notices of the vote in your workplaces.

WHO ADMINISTERS THE VOTE?
The Public Service Labour Relations Board is responsible for administering the vote. That means that they set out the process including but not limited to providing notice of the vote, providing the ballot packages, putting a voting procedure in place, and tabulation of the vote. They are also responsible for the determination of any disputes that may arise regarding the conduct of the vote.

WHEN WILL THE VOTE OCCUR?
We have not been advised by the Board when the vote will take place. The Minister has ordered that the vote occur expeditiously. We will continue to update you as we receive more information.

WHY IS OUR UNION CHALLENGING THE MINISTER’S DECISION TO ORDER THE VOTE?
We have launched a legal challenge before the Federal Court of the Minister’s decision to order the vote. Despite our request to the Minister, we were not provided with an opportunity for input and the Minister’s decision is based, in our view, on concerns which are unfounded, such as the threats to safety and security when we are not even in a legal strike position. The forced vote undermines our collective bargaining rights and rejects the process outlined in labour legislation. The Court has recognized the important nature of the issues at hand and has set July 31st as the date to hear our legal challenge.

WHAT IS OUR UNION DOING TO ENSURE A FAIR VOTE?
PSAC and CIU are working vigilantly to ensure that the voter lists are accurate and that everyone who is entitled to vote is able to exercise their right to vote. Given the large numbers of voters and variety of locations in which you work and live this means that we are working to make sure that the Board process takes into account what logistical challenges might prevent any bargaining unit member from exercising their rights. We are also working to ensure that there is integrity in the secret ballot process and that all mechanisms are in place to be able to respond to any concerns that may be identified by you and your local leaders.

It is important to remember that this is the first time that a vote of this type has been administered by the Board and that ensuring that it is done properly is critically important as it sets the standard for any future votes.

WHAT AM I VOTING ON?
You will be voting to either accept or reject the employer’s offer as set out on May 6, 2013. THE VOTE IS NOT A STRIKE VOTE. There is no current talk of a strike and we are not in a legal strike position. Voting no is a vote against CBSA’s latest offer. It also sends a clear signal to CBSA and Treasury Board that the collective bargaining process should be respected.

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