Tag Archives: FB-02

Grievance Regarding FB-02 Officers on 6990 Leave With Pay

As a result of the COVID-19 pandemic, the employer has instituted two types of leave to minimize the exposure of our members to each other and to the public.

Members who can still attend at the workplace have been placed on “Employee Health Days for Social Distancing” (091) so that they can stay at home but be available to attend work if required. FB-02 Officers are being provided with online training and scenario-based learning opportunities so that all of their days spent on 091 will count for the purpose of the Officer Induction Development Program.

Members who are unable to attend at work for reasons directly related to COVID-19 have been placed on Leave With Pay (6990). FB-02 Officers on 6990 are not being offered the opportunity to pursue online training. Further, for those who stay on this type of leave for more than 30 consecutive days, this time will not count for the purpose of the Officer Induction Program. This will effectively delay the assessment period for these FB-02 Officers for weeks or even months.

CIU has approached management to request that FB-02 Officers on 6990 not be penalized for being unable to attend at the workplace for reasons entirely out of their control. We take the position that these Officers are being subject to a discriminatory practice that will needlessly delay their promotion to FB-03. The employer, however, continues to be unwilling to allow time spent on 6990 to count towards the FB-02 assessment period.

If you are an FB-02 and have been on 6990 leave for a period of more than 30 consecutive days and wish to contest the employer’s refusal to recognize this time towards your assessment period, you may file the following grievance:

Grievance

I grieve that I have been the subject of a discriminatory practice on the part of my employer. I have been unable to attend at the workplace because of COVID-19 related issues and have been placed on 6990 Leave With Pay. The employer is refusing to count my time on 6990 leave in the calculation of service for the purpose of the Officer Induction Development Program. This creates an inequity as other FB-02 Officers who have been placed on 091 Social Distancing Leave are being credited with all days served.

Remedy

I ask that the employer credit me for all days spent on 6990 Leave With Pay for the purpose of completing my assessment period under the Officer Induction Development Program.

I ask that I be placed in the same position with respect to time served under the Officer Induction Development Program as all FB-02 Officers on 091 Leave.

I ask that I be afforded any and all other remedies as necessary to correct this inequity.

Source: National Office Memorandum NO-07-2020 from Joey Dunphy, 3^rd National Vice-President.

Full-time deployment for FB-02s

A few months ago, CIU became aware of a troublesome CBSA initiative regarding the hiring of part-time FB-02s. This practice effectively created a two-tier system within the Officer Induction Model: Part-time BSOs faced a longer assessment period before being promoted to FB-03 and, once promoted, had no guarantee of full-time employment.

Since then, CIU’s 3^rd National VP, Joey Dunphy, has brought this matter to several meetings with CBSA executives, while also raising the issue at the Labour Management Executive Committee, the National Labour Management Consultation Committee and at the Bargaining Table.

Another victory for our members

Brother Dunphy’s steadfast advocacy on this question paid off: As of August 1, 2019, all part-time FB-02s are now deployed into full-time indeterminate positions at their respective Port of Entry. We can be proud of this victory for our members and the union!

FB bargaining team pushes for ’25 and out’ retirement, rejects concessions at table

Our PSAC-CIU bargaining team representing the Border Services (FB) group rejected concessions to job security and again pushed for ’25 and out’ retirement during negotiations with Treasury Board/Canada Border Services Agency (CBSA) the week of June 10.

Our bargaining team is frustrated that the employer is still unwilling to make meaningful progress on a number of core issues, including fairly compensating new officers (FB-02s), ’25 and out’ retirement and revamping the grievance procedure.

Pension Reform

We have made considerable progress over the past two rounds in our fight for parity with the broader law enforcement community. This week, we reiterated the need for pension reform for union members in the FB group. We are demanding a commitment from Treasury Board in support of pension reform. PSAC-CIU will also be undertaking other initiatives to push pension reform for the FB group during the coming election campaign.

Job Security

Treasury Board has made proposals to undermine the job security language in our contract contained in the Workforce Adjustment Appendix. We rejected the employer’s proposal and instead reiterated our proposals to enhance protections for union members.

We also raised the issue of students being used to undermine our work and public safety. We have made proposals to deal with student-related issues in the workplace.

Grievance Procedure

We’ve tabled demands to streamline the grievance process. There is no need to meet with Chiefs and Superintendents if Ottawa is making the decisions. We should be dealing with the source.

Fairly compensate new officers (FB-02s)

We again stated that Border Services Officers (BSOs), upon completion of their training at Rigaud, should be made FB-03s and compensated accordingly. The FB-02 classification is being used to exploit new officers. They wear the badge. They wear the uniform. They make the decisions. They deserve to be paid and treated accordingly.

Telework

After years of raising the issue of telework access for Trade Compliance Officers and other non-uniformed staff, the CBSA has announced a policy on telework. However, its application is unclear. We reiterated the need for there to be language in the contract on this issue.

We are scheduled to return to the bargaining table July 30 to August 1.

To review the package of proposals that we tabled and those of the employer, go to psacunion.ca/fb. We’ll be sure to provide updates as bargaining progresses.

The original version of this article was first posted on the PSAC website.

FB bargaining team calls for end of FB-02 status for Border Services Officers

The PSAC-Customs and Immigration Union (PSAC-CIU) bargaining team representing the Border Services (FB) group made limited progress in their latest round of negotiations with Treasury Board/Canada Border Services Agency (CBSA) the week of May 13.

Leave provisions

Over the course of the three days of negotiations, the parties discussed a number of issues. With respect to leave, the employer has proposed to make Care and Nurturing Leave (Article 41 Leave for Care of Family) “subject to operational requirements”. The bargaining team told Treasury Board that the team is not prepared to take steps backwards in this round of negotiations, and that “subject to operational requirements” at CBSA all too often means “NO”, and results in grievances. The PSAC-CIU team rejected this proposal.

However, the parties did make limited progress with respect to employees accessing Compassionate Care Leave and Caregiving Leave.

Pay parity for Border Services Officers

The team discussed the FB-02 situation. We have indicated to the employer that FB-02 Border Services Officers (BSOs) are effectively doing the same job as FB-03s, and are therefore being exploited as a cheap labour force. While the union and hundreds of members have filed grievances on this issue, it is the union’s position that clear language should be introduced into the collective agreement to ensure that officers are paid at the FB-03 level as soon as they leave Rigaud. CBSA has denied this proposal. The PSAC-CIU team is maintaining its position.

Workplace changes without consent

The team raised the issue of CBSA making changes in workplaces without obtaining the union’s consent, and that we will be consulting legal counsel concerning potential further legal action against CBSA for making unilateral changes to conditions during collective bargaining.

Negotiations are set to resume June 11-13, 2019. Dates have also been set to meet throughout the summer.

Click here to review PSAC-CIU’s package of proposals as well as those of the employer.

For more information visit psacunion.ca/fb.

The original version of this article was first posted on the PSAC website.