CIU/PSAC and TB/CBSA resolve Unfair Labour Practice Complaint concerning erroneous information posted on CBSA intranet

December 3, 2014

CIU National President Jean-Pierre Fortin and CIU Labour Relations Officer Laurel Randle, represented by Chantal Homier-Nehmé, PSAC Legal Officer and Andrew Raven of Raven Law, are pleased to announce that the PSAC/CIU and Treasury Board/CBSA have resolved the Unfair Labour Practice Complaint that was filed on May 12, 2014 in response to the erroneous information that had been provided to our members and posted on the CBSA intranet in the form of Questions and Answers. With the Hearing scheduled to commence on Monday December 1, 2014, the parties were able to reach a settlement after considerable back and forth.

The CBSA will post the revised Questions and Answers with respect to the Conditions of Employment to Carry, Use and Maintain CBSA Issued Defensive Equipment.

The CBSA will advise line managers that advice given to employees will be consistent with these revised Questions and Answers.

The PSAC advised the Public Service Labour and Employment Board (PSLREB) that the complaint has been withdrawn.

The Interim Memorandum of Agreement concerning Arming and MMPI (posted on the CIU web site in August and September) – which had been negotiated to ensure that the CBSA did not act on the assertions in the original Questions and Answers – has now expired as a result of the settlement.

It is important to underscore that in May 2014, the PSAC/CIU also filed a Policy Grievance against the Conditions of Employment. By no means is the issue resolved with this employer. Despite being granted several extensions, the Treasury Board has failed to respond to the Policy Grievance. As a result, we have referred it to the PSAC to pursue before the PSLREB.

In addition, the Duty Firearm Course Advisory Committee (Appendix F) will meet on December 16 at which point we should have more information about the arming training plans.

For ease of reference, please see the Questions and Answers that are now posted on the CBSA Atlas. Should the employer act in a manner that is not in keeping with these statements, or otherwise discriminates against our members, please contact a Labour Relations Officer at the CIU National Office.


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