FB Bargaining Team to meet with Employer to discuss proposed offer

Despite the fact that we have not yet received a recommendation from the Public Interest Commission, Treasury Board on Monday took the unusual step of delivering a proposed offer to the union for the FB group via envelope.

Our bargaining team is in the process of contacting Treasury Board to set a date for the bargaining teams to meet so that Treasury Board might properly present and explain its proposal at the bargaining table. We’ll be sure to update once a date has been set to meet with the employer.

FB Bargaining Update on PIC recommendations

As per the Public Service Labour Relations Act, our Bargaining Team presented our case before the Public Interest Commission (PIC) in December.

Given the number of issues outstanding between the parties, the Chair of the Public Interest Commission asked later in December for an extension beyond the timeline prescribed under the legislation. Both parties consented to this extension.

It is at the Chair’s discretion to take the time he needs to write the recommendation. Once we receive PIC’s recommendation from the Labour Board we will be sure to post on our website, and our bargaining team will meet to discuss once it is released to review the recommendation and determine next steps.

For a copy of the brief that we submitted to the Board, go to: http://psac.com/documents/bargaining/fb_brief_december6_2012-en.pdf.

Union to Take CBSA Back Before the Labour Board

CBSA reneges in Essential Services talks – again.

For several years – going back to 2007 – the Union has been engaged in talks with CBSA in an effort to resolve essential services agreements (ESA’s). Under the new Public Service Labour Relations Act of 2006, unions and employers in the public service must attempt to negotiate agreements covering each bargaining unit determining which duties are essential in the event of a legal job action. CBSA took a position at the outset of talks that all duties performed by BSO’s were essential. PSAC challenged this and the Labour Board ruled in our favour, stating that several duties performed by BSO’s are not essential to the safety and security of the public, including for example the collection of taxes and duties. Our Union has also had tremendous difficulty getting CBSA to provide information on other FB positions that the employer is proposing for inclusion in the ESA. Now, after years of talks and when the parties are very near completion of the ESA process, CBSA has suddenly proposed an additional 200 positions as performing essential duties that they want included in an ESA.

We have negotiated ESA’s with departments across the public service. Yet we do not have one for the FB bargaining unit, due to CBSA’s intransigence at every step. As a result, we will be taking CBSA/Treasury Board back before with the Labour Board in an effort to have this matter resolved once and for all.

In the meantime, we are waiting for a recommendation from the Public Interest Commission concerning our contract dispute with Treasury Board/CBSA. Immediately before Christmas the Commission requested an extension beyond the 30-day timeline set out in the legislation. Both our bargaining team and the Treasury Board consented to this request. The Commission has not provided an indication as to when we can expect its recommendation. For a copy of the submission provided by PSAC to the Board, go to: http://www.psac-afpc.com/news/2012/bargaining/20121212c-e.shtml

Officer shooting in British Columbia – Update from the National President

CIU National President Jean-Pierre Fortin, accompanied by BC Southern Branch President Dan Sullivan, has returned to Ottawa following a trip to British Columbia yesterday for a special meeting with members. He assured the full support of the National Union to Sister Lori Bowcock who was injured in the shooting and to all members assigned to the Peace Arch crossing.

Following the meeting with more than 30 members who actually were part of the events, the National President can confirm that Sister Bowcock, although seriously injured in the shooting, is expected to make a full recovery. As they go forward, Sister Bowcock, her family and co-workers can count on the full support of CIU and its members.

The National President also confirmed that the deceased gunman has been identified. After conflicting factual reports from CBSA, it was determined that this was an intentional shooting of one of our members followed by a suicide. Branch members were also assured that the CIU will work closely with them in an effort to identify and resolve any and all workplace safety issues.

The CIU is sincerely appreciative of the support shown to Sister Bowcock and its members from others in the law enforcement community and from Canadians in general.

Customs and Immigration Union Statement on Officer shooting in British Columbia

Yesterday afternoon, a member of the Customs and Immigration Union who was working as a Front-line Border Services Officer was shot and seriously injured while performing her duties at the Douglas port of entry in British Columbia. Jean-Pierre Fortin, National President of the Customs and Immigration Union, offered the support of the entire CIU membership to their injured colleague.

“The thoughts of our membership are with our Sister and her family at this terrible time. This incident reminds us all that as law enforcement officers serving Canadians, the personal safety risk our members undertake is real each and every time they go on shift because dealing with the unknown is part of their job.”

“I want to thank Canadians for the tremendous outpouring of support they have offered to our Sister and her colleagues at Douglas and in the Pacific Region. In the days to come, we will closely examine the circumstances that led to this tragic event. Our priority now is to ensure the full recovery of our injured Sister and the welfare and safety of all our members whose courage and dedication help keep our country safe.”

Conciliation and Public Interest Commission Dates Set

Public Service Labour Relations Board has set dates for November and December.

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 those concerning parity with other federal enforcement workers. In June we returned to the table for three days and made no progress whatsoever in talks with Treasury Board/CBSA.

Since that time the parties have submitted our respective lists of matters outstanding, named our representatives for the Public Interest Commission (PIC) and have awaited dates for the PIC hearing to be set by the Labour Board. Also since that time the Union has filed a charge with the Labour Board against CBSA for CBSA’s violating federal labour law in making unilateral changes to certain terms and conditions of employment that are negotiable, and hence protected until the parties reach either an agreement, or should the union arrive at a legal strike position.

On Monday the Labour Board contacted us with confirmed dates for both a mediation session to be convened by the PIC and a hearing date should the parties not reach agreement in mediation. The mediation session is scheduled to take place the weekend of November 24th and 25th, with a hearing to be held at the Public Service Labour Relations Board December 10th. Under federal legislation the PIC has 30 days post the hearing to submit its recommendation. This deadline can be extended if deemed necessary by the Chair of the Labour Board. The PIC’s recommendation is non-binding. We will now begin preparing our arguments to be presented before the PIC panel should mediation not lead to settlement.

We are frustrated by the amount of time the process is taking, and we are even more frustrated by the intransigence that is being shown by CBSA and the government. As we have said from the beginning of this process, we are determined to achieve a fair contract for PSAC/CIU members at CBSA.

Unions say Canadians have a right to know how public safety is being compromised by federal government cuts

Unions representing workers in Canadian prisons, at the borders, in the federal justice system, and serving veterans say the federal government has some explaining – and listening – to do when it comes to how cuts are putting public safety at risk.

The leaders of the Union of Canadian Correctional Officers (UCCO-SACC-CSN), the Union of Solicitor General Employees (USGE), the Customs and Immigration Union (CIU), the Union of Veterans Affairs Employees (UVAE) and the Association des membres de la Police Montée du Québec (AMPMQ), which together represent more than 33,000 workers in the field of public safety, are teaming up to organize a forum on public safety in Ottawa this fall. Public Safety Minister Vic Toews has declined an invitation to attend.

“In the face of so little information from the government, we feel it is our responsibility to share what we are learning,” said UCCO-SACC-CSN president Pierre Mallette, whose members serve as correctional officers in federal penitentiaries across the country. “It is unfortunate that the minister chose not to consult us before imposing these cuts. Now we hope he’ll at least listen to our concerns about what they will mean,” he added.

USGE president John Edmunds says that because of the cuts, parole officers working in federal penitentiaries who are already stretched beyond capacity now have to take on even bigger caseloads. In maximum security institutions, for example, caseloads have increased from 25 to 30 offenders for each parole officer.

“This makes no sense and will inevitably put our members and community safety at risk,” he said.

Mallette says his members and the public are at risk because of cuts that will leave federal penitentiaries even more overcrowded.

“We know from experience that when prison living conditions are deteriorating, we no longer fulfill our rehabilitation mandate, said Pierre Mallette. That’s when we see a revolving door syndrome in federal prisons: the inmates leave the prison, go on committing other crimes and go right back in,” said Mallette. We fear that the federal government cuts will only make this situation worse.”

“At the borders we are seeing big cuts to intelligence work, including sections such as the money laundering unit. What we don’t know is how the government plans to make up for this,” said CIU president Jean-Pierre Fortin.

“When it comes to gun control, illegal drugs and national security the border is Canada’s first line of defence,” said Fortin. “How can the federal government possibly defend decisions to cut back on intelligence work at the borders given the recent shooting sprees in Toronto and Montreal?”

UVAE president Yvan Thauvette said his members are shocked that the government is willing to send soldiers to war but is abdicating its responsibility to provide them the services they need when they return.

“Keeping Canadians safe means treating those who make the biggest sacrifices with respect. Instead, we are seeing services to veterans being cut,” he said.

AMPMQ president Gaetan Delisle says all of the public safety cuts – not just those at the RCMP, impact on the work officers do.

“The Federal Government seems to have abandonned its responsibilities related to public safety. We do not know what will be the impact on public safety,” said Delisle.

The union leaders say they hope the minister will reconsider his decision and agree to attend the forum.

“In the meantime, we are sitting down together to map out how to make this public safety forum as informative as possible,” said Mallette.

FB Update Concerning Bargaining Process

Process underway for Labour Board’s establishment of a Public Service Interest Commission.

As per federal law, our Bargaining Team contacted the Public Service Labour Relations Board this spring when negotiations reached impasse. While we returned to the bargaining table in June, we made no progress as CBSA/Treasury Board continue to insist on concessions and continue to reject our call for parity with other federal enforcement workers working under the Ministry of Public Safety.

Under the Public Service Labour Relations Act, a Public Interest Commission (PIC) is set up if the parties reach impasse and are unable to reach an agreement. A PIC consists of a Chair named by the Labour Board and one representative from each side (union and employer). Once the Commission is created, its representatives set dates for a hearing in which both parties submit arguments and documentation in support of their respective positions. The PIC then issues a recommendation for settlement. The recommendation is non-binding. A PIC is not an arbitration board. In the event that we do not reach an agreement via the PIC process, we would then be in a position to conduct membership votes for potential job action.

We have submitted our list of matters of dispute to the Labour Board, as well as the name of our representative for the PIC. We are now awaiting confirmation from the Board as to the chair to be named for the PIC. Also, the Employer has proposed that the parties attempt mediation to see if a mediated settlement can be reached. We have taken the position that if there are to be mediated talks then such talks should be incorporated into the PIC process, with the representatives on the Commission acting as mediators. We will await confirmation regarding mediation once the PIC is established.

We have told CBSA/Treasury Board that we are prepared to return to the bargaining table should management receive a new mandate and be prepared to seriously resolve the issues that we have raised in negotiations. In the meantime, we will continue to follow the dispute resolution process provided for under the law.

We will be sure to update as things progress. Collective bargaining in the public service is restrictive and often lengthy because of the process prescribed by legislation.