FROM : Ottawa, ON
DATE : June 11, 2013
PRIORITY : For Immediate Release

On Wednesday June 5ththe Public Interest Commission released its recommendation concerning our negotiations with CBSA/Treasury Board. Early the morning of Friday the 7ththe FB Bargaining Team issued a statement reiterating that the union is ready to negotiate. Later that same day the PSAC was notified that, at CBSA and Treasury Board’s request, the government is forcing a vote of the employer’s recent-most final offer, to be administered by the Labour Board. 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.

In a letter to their co-workers (see link below), the PSAC FB bargaining team urged members to join them in voting NO to CBSA’s forced offer. For those being armed, the final offer does not provide the same employee protections that were agreed to in the last round of negotiations. 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/Treasury Board offer. The offer does not address issues that we’ve raised concerning non-uniformed officers. Finally, the offer does not include improvements contained in the recommendation released last week by the Public Interest Commission.

The bargaining team members, along with the National Executive and National Board of Directors of the Customs and Immigration Union, are calling on all FB members to vote NO, to reject this heavy-handed and disrespectful approach, and to stand together so that a fair, and negotiated, collective agreement might be reached. Please be sure to contact your CIU branch president and stay tuned for more information.

If you have any questions, contact a member of our Bargaining Team, your Shop Steward, a member of your Branch Executive, or go to www.psac-afpc.com/fbgroup.

PSAC Members at CBSA
United for a Fair Workplace

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The Customs and Immigration Union (CIU) is a component of the Public Service Alliance of Canada (PSAC), which represents Canada’s Front-Line Customs and Immigration Officers. CIU also represents Investigation, Intelligence and Trade Customs Officers, Immigration Inland Enforcement and Hearings Officers, as well as all support staff – all of whom work at the Canada Border Services Agency (CBSA).

LETTER – A Message from the FB Bargaining team regarding final offer vote

DATE : June 10, 2013
PRIORITY : For your information
TO : National Board of Directors and Branch Contacts

Sisters and Brothers:

I am writing to provide you and our members working in Border Service Officer (BSO) FB02 positions with wording for classification, acting pay, and statement of duties grievances.

As you aware, the Canada Border Services Agency (CBSA) has decided that graduates from Rigaud College will be working in a new BSO FB02 position for the first year of their career, rather than in the FB03 BSO position. It is a fundamental belief among unions that employees must be paid equal pay for work of equal value. Moreover, CIU objects to CBSA’s decision because we think it fosters a two-tier system for our members who work side by side and perform the same duties.

Consequently, management’s decision may give rise to classification, acting pay, and statement of duties grievances.

With regard to classification, members who start working as FB02 BSOs may think that their position should be classified upward to FB03. Regarding timeliness for filing a classification grievance, the Treasury Board Policy on Classification Grievances states:

Employees presenting classification grievances must do so within 25 working days after the day they were notified of any action or circumstance giving rise to the grievance, or if not so notified, after the day they learned of such action or circumstance.

Members should be advised of this 25-day timeline.

Keep the wording of the grievance simple. Do not include any arguments.

Language for Classification Grievance

Details of grievance:
I grieve the classification of my position.

Corrective Action:
That my position be reclassified upward, effective (specify date).

A member who wishes to increase his/her chances of obtaining the desired effective date should consider filing an acting pay grievance at the same time s/he files a classification grievance. This grievance should be put on hold pending the classification grievance process.

With regard to acting pay, the Border Services collective agreement contains the following:

Article 62 – Pay Administration

Section 62.07 (a)

“When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least three (3) consecutive working days or shifts, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.”

Filing a grievance correctly is important. When grieving under Article 62, members must meet three criteria:

1. the employee must be required by the employer to perform the duties of the higher position;
2. the member must substantially perform the duties of the higher position; and
3. the member must meet the qualifying period for acting pay as outlined in the Article.

The member must provide documentation and proof that s/he has met the three criteria outlined above as well as examples of the work performed on behalf of the employer. Consequently, members who intend to file an acting pay grievance are urged to keep documentation which substantiates the duties they are asked to perform and the length of time they perform those duties.

Grievances under the Acting Pay provisions of the collective agreement may proceed to Adjudication before the Public Service Labour Relations Board (PSLRB).

Keep the wording of the grievance simple. Do not include any arguments.

Language for Acting Pay Grievance

Details of grievance:
I grieve that the employer is not paying me appropriately for the duties I am performing. I am asked to perform the duties of a higher position. As a result, the employer is not following the provision of my collective agreement.

Corrective Action:
That I be paid in accordance with my collective agreement for the performance of the duties mentioned above, retroactive to the date on which performance of these duties began (specify date – or, if the acting was for a specified period indicate from and to dates).

Later on, after a member has performed the duties of the FB02 BSO position, s/he may decide that his/her statement of duties is neither complete nor current. In this case, the member should file a statement of duties grievance.

With regard to the statement of duties, the Border Services collective agreement contains the following:

Article 54 – Statement of Duties

Section 54.01

“Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position’s place in the organization.”

Keep the wording of the grievance simple. Do not include any arguments.

Language for Statement of Duties Grievance

Details of grievance:
I grieve the employer’s failure to provide me with a complete and current statement of duties and responsibilities. This violates Article 54 (Statement of Duties) of my collective agreement.

Corrective Action:
That I be paid in accordance with my collective agreement for the performance of the duties mentioned above, retroactive to the date on which performance of these duties began (specify date – or, if the acting was for a specified period indicate from and to dates).

I trust that this memo will be helpful to you and our new members.

In solidarity,

Jean-Pierre Fortin
National President

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FROM : Ottawa, ON
DATE : June 07, 2013
PRIORITY : For Immediate Release

On Wednesday (June 5th) we received the Public Interest Commission (PIC) recommendation concerning our contract dispute with Treasury Board/CBSA. The PIC recommendation is non-binding. It is intended to guide the parties in negotiations and help provide an avenue for the parties to make progress towards an agreement. A copy of the PIC’s recommendation can be found at:
http://psac.com/news/2013/bargaining/20130605-e.shtml

We are disappointed with some of the PIC’s recommendations, particularly with respect to wages and issues that we have raised concerning non-uniformed members of the bargaining unit. Having said that the recommendation does address a number of key issues that we’ve raised in bargaining, issues that the employer has yet to adequately address, if at all. The recommendation opens the door for serious discussion concerning a paid, pensionable meal period for union members. It provides protections in the context of the arming initiative that are more in line with what was agreed to in our previous round of bargaining. It provides rights for part-time employees. It provides for union access to CBSA workplaces. None of these things were contained in any of CBSA/Treasury Board’s final offers.

What’s more, despite the position taken by the employer, the Commission suggests in its recommendation that we should be compared with workers employed at other federal law enforcement agencies. Indeed, while the recommendation points out that management has compared FB employees to “airport security personnel”, the Commission also states that “the law enforcement role of these employees, as well as their critical role in defense of
Canada’s borders, means that these employees are more akin to law enforcement occupations than those in security-type roles”.

We have always maintained that we are ready to negotiate. We remain so, and will be reiterating this with the employer in the coming days now that we have received the PIC recommendation. We’ll be sure to update as things progress. For a copy of our submissions to the PIC, and for previous updates, go to:
http://psac.com/bargaining/units/treasury_board/fb-e.shtml.

If you have any questions, contact a member of our Bargaining Team, your Shop Steward, a member of your Branch Executive, or go to www.psac-afpc.com.

PSAC Members at CBSA
United for a Fair Workplace

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The Customs and Immigration Union (CIU) is a component of the Public Service Alliance of Canada (PSAC), which represents Canada’s Front-Line Customs and Immigration Officers. CIU also represents Investigation, Intelligence and Trade Customs Officers, Immigration Inland Enforcement and Hearings Officers, as well as all support staff – all of whom work at the Canada Border Services Agency (CBSA).

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DATE : June 7, 2013
PRIORITY : For your information
TO : National Board of Directors and Branch Contacts

Sisters and Brothers:

I am writing to provide you and our members working in Border Services Officer (BSO) FB03 positions with wording for a new acting pay grievance.

As you aware, the Canada Border Services Agency has decided that graduates from Rigaud College will be working in a new BSO FB02 position for the first year of their career.

Our members working in BSO FB03 positions may be responsible for providing ongoing training and mentoring to these new graduates during that first year.

During union management consultations at the national level, I asked management for acting pay for FB03 BSOs who will train the new FB02 BSO recruits. My rationale is that management already pays acting pay to BSOs who train and monitor students. Unfortunately, management rejected my request.

Consequently, management’s decision may give rise to acting pay grievances.

With regard to acting pay, the Border Services collective agreement contains the following:

Article 62 – Pay Administration

Section 62.07 (a)

“When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least three (3) consecutive working days or shifts, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.”

Filing a grievance with the proper wording is important. When grieving under Article 62, members must meet three criteria:

1. the employee must be required by the employer to perform the duties of the higher position;
2. the member must substantially perform the duties of the higher position; and
3. the member must meet the qualifying period for acting pay as outlined in the Article (3 days).

The member must provide documentation and proof that s/he has met the three criteria outlined above as well as examples of the work performed on behalf of the employer. Consequently, members who intend to file an acting pay grievance are urged to keep documentation which substantiates the duties they are asked to perform and the length of time they perform those duties.

Grievances under the Acting Pay provisions of the collective agreement may proceed to Adjudication before the Public Service Labour Relations Board (PSLRB).

Keep the wording of the grievance simple. Do not include any arguments.

Language for Acting Pay Grievance

Details of grievance:
I grieve that the employer is not paying me appropriately for the duties I am performing. I am asked to perform the duties of a higher position. As a result, the employer is not following the provision of my collective agreement.

Corrective Action:
That I be paid in accordance with my collective agreement for the performance of the duties I am required to perform, retroactive to the date on which performance of these duties began (specify date – or, if the acting was for a specified period indicate from and to dates).

I trust that this memo will be helpful to you and our members.

In solidarity,

Jean-Pierre Fortin
National President

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We deserve the same…
Rights and conditions of employment as other federal law enforcement agency employees.

The employer needs to recognize us…
And the importance of the work that we do.

The employer has to walk-the-talk…
As CBSA compares us to other law enforcement personnel when it suits them, it won’t when we ask for parity with other law enforcement agencies.

The employer needs to address the serious issues…
As the ones we raised for part-timers and non-uniformed officers.

Our contract needs to provide protections…
In the context of the arming initiative.

We are prepared to negotiate.
It’s the employer that has been tabling final offers. We have had no discussion whatsoever with the employer about a strike or a strike vote.

POSTER – Because we deserve better

DATE : May 30, 2013
PRIORITY : For your information
TO : National Board of Directors and Branch Contacts

Sisters and Brothers:

You will recall that the above-noted subject was raised at our April NBoD. The direction given by the Board was that CBSA be requested to provide full-time indeterminate employment to existing part-time, seasonal indeterminate, or term contract employees, and to consider outstanding deployment requests before providing full-time indeterminate employment opportunities to new recruits graduating from Rigaud College.

Immediately after the April NBOD, I contacted CBSA and requested a meeting with senior HR managers to discuss this matter. On Wednesday, May 8, 2013, the four CIU National Vice-Presidents and I met with Camille Therriault-Power (CBSA Vice-President, Human Resources), Michael Gardiner (Director General, Redress and Compensation) and Marc Thibodeau (Director General, Labour Relations and Compensation).

Although the CBSA meeting participants said the Agency was ready to look at the situation and acknowledged CIU’s concerns, they advised that the Agency was not willing to change its plans for the class that will graduate from Rigaud on June 5, 2013. They indicated that the notice period was too short for them to put a stop to the planned placement of the new recruits. Sadly, they did not commit to anything other than looking into the matter.

On May 23rd, I met with PSAC Legal and CIU Labour Relations Officers to ascertain what recourse was available to our current CIU members impacted by these placements. Unfortunately, there is no recourse by way of the grievance procedure because the appointment of new recruits is a staffing action, and there is no recourse by way of the Public Service Staffing Tribunal because the appointments are the result of an external hiring process. We have therefore written to the Public Service Commission to ask for their intervention in the matter (see attached). I would like to thank Sisters Edith Bramwell, Legal Counsel, PSAC, and Laurel Randle, LRO, for their assistance with this file.

I will keep you informed of any developments.

In solidarity,

Jean-Pierre Fortin
National President

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DATE : May 17, 2013
PRIORITY : For your Information
TO : National Board of Directors and Branch Contacts

Sisters and Brothers:

Did you know…

What’s already been agreed to for employees working in other Federal Law enforcement and related agencies?

Some examples:

Parole Officers: A 5.5% increment on top of annual wage increases.

Corrections Canada: Paid Meal period. Clothing allowance for non-uniformed officers.

RCMP (officers are non-union): Paid Meal period. Clothing allowance for non-uniformed officers.

Firefighters: A 4.75% increase in salary on top of annual wage increases.

Pension Reform (not subject to collective agreement) – Corrections and RCMP workers are all subject to a pension regime that provides for retirement after 25 years without penalty.

Also other federal employers have agreed to rights for part-time employees, and many adhere to the Treasury Board telework policy.

To date, CBSA and Treasury Board have agreed to none of these things. None can be found in their final offer to us.

We do not have a Public Interest Commission recommendation, and we do not have Essential Services Agreements in place. It is taking time to get an agreement, but we are not alone. Union members in the TC, CX and FS bargaining units, along with workers at CFIA and CRA, are without a new contract. In fact, Corrections workers have been almost 3 years without a new collective agreement, and have yet to go to a Public Interest Commission. We remain ready to negotiate. But we deserve a fair contract that moves us towards parity with employees working for law enforcement agencies elsewhere in the federal public service.

If you have any questions, contact a member of our Bargaining Team, your Shop Steward, a member of your Branch Executive, or go to www.ciu-sdi.ca

In Solidarity,

André Beaulieu
Youth Representative

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DATE : May 8, 2013
PRIORITY : For your Information
TO : National Board of Directors

Sisters and Brothers:

PSAC has announced the upcoming 2013 National Equity Conferences which will be held November 18 to 22, 2013 in Toronto, Ontario, under the theme “Equity groups are all affected”.

Attached is the call-out letter which includes details of the conference as well as the link to complete the registration form on-line on PSAC’s website:
http://psac.com/conferences/2013/equity/home-e.shtml

Please note: the deadline for applications and resolutions is June 7, 2013.

In Solidarity,

Karen Church
Equal Opportunity Representative

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