Tag Archives: FB

FB bargaining: Membership vote on the issue of years of service accrual

Picture of a Border Services Officer with the words FB Bargaining

Letter from the FB Bargaining Team

To our co-workers in the FB bargaining unit:

In the 1st FB contract our union negotiated seniority rights in the context of line and vacation selection. Seniority was based on an individual’s years of service as an employee in the federal public service (seniority of course is referred to as ‘years of service’ in our collective agreement). In 2011, because of years of lobbying by PSAC, the government at the time finally agreed to recognize military service for vacation accrual and hence our bargaining team at the time signed off on it in negotiations.

However, when the collective agreement was implemented in 2013 CBSA management took the position that there were two definitions of years of service – one for line selection and one for vacation scheduling. CBSA was including previous military time in the calculation of years of service for the purposes of vacation scheduling. Our union grieved as this is not what the parties had agreed to, and because there were complaints from members because management’s interpretation bumped those without military service down the seniority list.

The union lost the grievance, but as a result of the agreement reached and ratified by the membership last year the parties have returned to the definition of years of service that was agreed upon in 2009 – that years of service for vacation scheduling is now the same as years of service for hours of work scheduling (i.e. based exclusively on your time as an employee in the public service).

Under federal law, a non-civilian member of the Canadian Forces is not an ‘employee’, is not working in the public service, cannot join a union, cannot pay dues and is subject to a separate pension regime. As a result, under our current agreement time spent as a non-civilian member of the Canadian Forces counts only for the accrual of vacation time, and not for the purposes of years of service accrual for line-selection, vacation selection and in the context if ‘H’ing on Designated Paid Holidays.

In preparation for this round of negotiations our union received contradictory input from the membership on this issue, with some advocating for the current definition and others calling on the union to propose that non-civilian military time be included in years of service accrual for line bidding, vacation selection and for the purposes of ‘H’ing.

Years of service accrual – seniority – is a unique collective bargaining issue in that it affects each employee differently as no two employees have the same work history. But it is a right that affects everyone in the FB group. It is also an issue that has stirred passionate debate in the membership.

In light of these facts our Bargaining Team has decided, with the support of CIU/PSAC, to take the unprecedented step of calling a membership vote on the issue of years of service accrual.

All union members in good standing in the FB group will have the right to vote either in favour of maintaining the current definition of years of service accrual (based on time in the public service) for the purposes of scheduling and vacation selection, or in favour of changing the definition to include previous time in the Canadian Forces for the purposes of service accrual.

Our Bargaining Team and our Union will be taking no official position on the issue until the vote is completed. A simple majority of those members who vote will decide the outcome. The outcome of the vote will determine the position taken by the Bargaining Team on the issue in negotiations.

There will be more information forthcoming over the coming days concerning the logistics of the vote. Please be sure to speak with your CIU Branch President with any questions, and be sure to check psacunion.ca/fb regularly for updates.

In solidarity,

– The FB Bargaining Team

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

FB Bargaining: Union Pushes for New Protections, Work-Life Balance

Picture of a Border Services Officer with the words FB Bargaining

Employer seeks to eliminate scheduling rights, attacks Care and Nurturing Leave.

On January 7-10, the PSAC/CIU’s Border Services (FB) bargaining team kicked off a new round of bargaining, meeting with Treasury Board and Canada Border Services Agency (TB/CBSA) negotiators and exchanging proposals.

The team made it clear to the TB/CBSA that the union’s goals for this round of bargaining are to further close the gap with the broader law enforcement community, fix problems in the workplace and ensure new rights and protections.

Below are some key proposals from PSAC/CIU:

New protections

  • New protections in the context of discipline, and protections against abuse of authority and harassment.
  • Elimination of name tags for uniformed officers, replacing them with badge numbers.
  • New protections in the context of firearm and control defence tactics re-certification.
  • Whistleblowing protections so that union members can expose wrongdoing.

Appropriate pay for recruits and new officers

  • Immediate transition to the FB-3 pay rate upon graduation from Rigaud.

Work-life balance

  • Improvements to various leave provisions.
  • Fixes to on-going scheduling and overtime problems.
  • Telework options for Trade Compliance and other non-uniformed members.
  • Protections that would ensure improved access to Leave with Income Averaging.

Retirement Reform

  • Seeking a commitment from Treasury Board and CBSA in bargaining for an early retirement regime comparable to other federal law enforcement agencies.

The bargaining team will be making proposals concerning wages once it has had the opportunity to analyze payroll and demographic data provided by the TB/CBSA. PSAC/CIU will also be conducting a survey on compensation in the broader law enforcement community in Canada.

Management tabled a number of significant concessions, from the elimination of scheduling rights to draconian changes to the Care and Nurturing Leave. While the union told management it is committed to bargaining in good faith, the union also made it clear it will not accept concessions.

The next bargaining session is scheduled for February 26.

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

PSAC Files Complaint Against Treasury Board/CBSA Over Delay to Salary Adjustments and Retroactive Pay

CIU Flag / Drapeau du SDI

PSAC is taking action in response to Treasury Board/Canada Border Services Agency’s (CBSA) failure to meet the implementation deadline for the latest FB collective agreement. This will affect over 8,300 PSAC members working at CBSA locations across the country.

PSAC today filed a complaint on behalf of CBSA workers under the Federal Public Sector Labour Relations Act (FPSLRA). Members should have seen the implementation of their newest contract by November 30, but CBSA workers are still waiting despite having signed the agreement in July.

PSAC is disappointed over the government’s inability to meet reasonable implementation deadlines for its workers at the CBSA, especially considering the union generously doubled the timeframe, from 75 days to 150 days. This has been a reoccurring problem, as the government has struggled to meet its implementation deadlines for several other collective agreements such as CFIA, Parks Canada and the PA, SV, TC and EB groups, due to Phoenix issues.

PSAC will ask the Board to order the employer to pay damages to CBSA workers, and to take all necessary steps to immediately comply with the FPSLRA and implement the terms of the collective agreement.

Once the employer has responded to the complaint a hearing date will be set. PSAC will continue to keep its members informed about any further developments.

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

Border Services Bargaining to Begin in January


With bargaining input gathered from every CIU branch across Canada and our FB Bargaining Team now elected and in place, PSAC has proposed dates in January to the Treasury Board to commence negotiations for a new FB collective agreement. An update will be provided once dates are confirmed. We look forward to getting back to the bargaining table and making CBSA a better place to work.

November 21, 2018 update: Last Friday, PSAC and Treasury Board confirmed that the parties will exchange proposals and commence negotiations for a new collective agreement for the Border Services (FB) group the week of January 7th, 2019.

Stay up to date with bargaining news by visiting the PSAC’s Border Services bargaining webpage, or sign up to receive the PSAC’s e-News.

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

Victory: PSAC Secures Over a Million Dollars Owed to Border Services Members

CIU Flag / Drapeau du SDI

PSAC-CIU has successfully challenged, through a policy grievance, a Canada Border Services Agency (CBSA) breach of the Border Services (FB) collective agreement that expired June 20, 2014.

PSAC had negotiated a new annual allowance for all employees performing Border Services duties. The amount was set at $1,250 annually for non-uniformed officers and $1,750 annually for uniformed officers, to be paid monthly to all BSOs who worked a minimum of 75 hours in that calendar month. The Employer however refused to compensate members who worked the 75 hours in the month of June 2013.

Following PSAC-CIU’s legal challenge, the Federal Public Sector Labour Relations and Employment Board (FPSLREB) recently issued a decision affirming that the Employer needed to pay all members in accordance with the provisions of this new allowance for the month of June 2013. This decision makes it consistent with the sick leave and annual leave provisions. This victory will see over 1 million dollars given back to the Border Services members affected and sets a precedent for any future allowances negotiated with similar language.

A version of this article was posted on the PSAC website.