Tag Archives: PIC

FB bargaining: Team wraps up case at Public Interest Commission

The FB bargaining team presented PSAC’s arguments for compensation parity with other law enforcement agencies across Canada at Public Interest Commission hearings May 10, 18, and 20. The team also made the case – repeatedly – that there are serious problems with harassment and abuse of authority at CBSA that need to be addressed.

As per the Federal Public Sector Labour Relations Act, the FB bargaining team filed for conciliation earlier this year when it became clear that the employer was not prepared to seriously address outstanding issues, including parity with other federal enforcement agencies.

The FB team also raised the need for new rights for employees, particularly as they pertain to discipline, hours of work and telework for non-uniform personnel. Our team was clear: CBSA management cannot be trusted, and FB members need better protections.

Download: PSAC’s PIC brief

Employer position

The employer responded to the team’s wage position by stating that it is inappropriate to compare members of the FB bargaining unit – including Inland Enforcement, Investigations, Intelligence and Border Services Officers – with other large law enforcement organizations such as municipal, provincial and federal police forces. The employer has indicated that there are no recruitment or retention issues at CBSA. The employer also asserted that FB-2s work as ‘trainees’, that management heavy-handedness is not a problem at CBSA and that telework protections for non-uniformed employees should not be included in the collective agreement.

FB members deserve parity

The FB team fiercely opposed all the employer’s claims. From skeleton staffing at ports of entry to officers being asked to handout recruitment flyers to the public at certain ports, clearly there are recruitment and retention problems at CBSA. As for comparator groups, our position is that a majority of PSAC/CIU members at CBSA are armed law enforcement personnel, and that compensation and other rights need to reflect this reality.

FB members have been on the front lines of the pandemic for more than 14 months. Our members have worked to keep Canada’s borders secure and Canadians safe, and deserve to be treated with respect by the employer.

Next steps

The PIC will now provide its recommendation based on the hearings. Unlike arbitration, the recommendation is non-binding. While the legislation provides for the PIC to issue its recommendation within 30 days of the hearing, the chair may extend that timeline.

National town halls

As we prepare for the PIC recommendation, it’s important to get up to speed on the key issues at the table and learn more about the next steps in our mobilization efforts.

PSAC-CIU will be holding additional virtual town hall where you’ll hear from Customs and Immigration Union (CIU) National President Jean-Pierre Fortin and PSAC national negotiator Morgan Gay who will provide important information and insight into the bargaining process, the Public Interest Commission, and our key demands at the table. You’ll have an opportunity to ask questions or raise concerns at the end of the meeting.

French FB town hall
May 26, 6 p.m. EST
Register now

English FB town hall
May 27, 6 p.m. EDT
Register now

This article has also been posted on the PSAC website.

FB group: Register now for national town hall meetings

PSAC-CIU will be holding additional virtual town hall meetings to give FB members the latest updates and outline our next steps as we ramp up to mobilize for a fair contract.

In this town hall we will hear from Customs and Immigration Union (CIU) National President Jean-Pierre Fortin and PSAC negotiator Morgan Gay who will provide important information and insight into the bargaining process, the Public Interest Commission, and our key demands at the table. You’ll have an opportunity to ask questions or raise concerns at the end of the meeting.

You deserve a contract that recognizes your incredible dedication to Canadians and brings your salary and benefits fully in line with law enforcement agencies across Canada. This is your opportunity to learn how your bargaining team is fighting to make that happen.

French FB town hall
May 26, 6 p.m. EST
Register now

English FB town hall
May 27, 6 p.m. EDT
Register now

Regional town halls are also being organized and will take place after the national town halls. We’ll send out dates and details when they’re available.

This article has also been posted on the PSAC website.

UPDATED — FB bargaining: Public Interest Commission dates set for May

PSAC-CIU and the employer will appear before a Public Interest Commission (PIC) hearing May 10, 18 and 20. Both sides will present their arguments on the outstanding issues at the table, and then the Commission will prepare a report with its recommendations to reach a settlement.

Talks broke off in December when the FB bargaining team declared impasse over Treasury Board and Canada Border Services Agency’s refusal to address the key issues raised in negotiations.

Updated May 10, 2021: The PSAC’s PIC brief is now available.

How a Public Interest Commission works

By law, once impasse is reached, a Public Interest Commission is established to help the parties reach an agreement. The Commission is a panel of three – a chairperson agreed upon by both parties or, if no agreement is reached, appointed by the Labour Board, as well as nominees appointed by the union and management.

The union and the employer both submit briefs and explain their positions on the outstanding issues at a hearing. The Commission then provides its recommendations for both parties to reach an agreement. Unlike arbitration, the Commission’s recommendations are not binding.

Once the PIC releases its report, the FB bargaining team will meet to discuss the recommendations. Typically, bargaining teams and the employer return to the table to resume negotiations after the PIC.

Get the latest updates on bargaining throughout the PIC process by signing up for the PSAC’s newsletter, checking out the FB page or our website.

Article originally published on March 4, 2021. This article is also available on the PSAC website.

Take action to support FB members in bargaining

FB bargaining: Chair named for Public Interest Commission

For the first time since the FB group was created in 2007, PSAC and Treasury Board have agreed on a chair for the Public Interest Commission that will be charged with providing recommendations in our contract dispute with Treasury Board and Canada Border Services Agency (CBSA).

By law, once impasse is reached, a Public Interest Commission (PIC) is established to help the parties reach an agreement. The Commission is a panel of three – a chairperson agreed upon by both parties or, if no agreement is reached, appointed by the Labour Board, as well as nominees appointed by the union and management. The union and the employer submit briefs and explain their positions on the outstanding issues at a hearing with the Commission. The Commission then makes a report with recommendations to reach a settlement. Unlike arbitration, the Commission’s recommendations are not binding.

Impasse reached in December

Talks broke off in December when our team declared impasse over Treasury Board/CBSA’s refusal to address the key issues we’ve raised in negotiations. For more information on the matters in dispute, visit the FB page.

Now that the chair has been named and the panel established, we are in the process of setting dates to conduct a hearing with the PIC. We’ll continue to provide updates throughout the PIC process.

Take action to support FB members in bargaining

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

FB bargaining: Talks break off with Treasury Board/CBSA

The FB bargaining team has declared impasse in negotiations with Treasury Board and Canada Border Services Agency (CBSA) after the employer failed to make substantial progress towards addressing critical issues in negotiations for nearly 9,000 FB members.

The team has put forward reasonable proposals on key matters impacting FB members, but the employer has refused to address them in a meaningful way and is seeking serious and unacceptable concessions, forcing the team to break off negotiations.

Consistent with federal legislation, PSAC-CIU has filed for a Public Interest Commission (PIC) to provide recommendations on the next steps to reach a settlement. The FB bargaining team and union leaders will be meeting in the coming weeks to discuss next steps beyond filing for a PIC.

What happens when impasse is declared?

Serving Canadians

Every day, FB members put their lives on the line to protect Canadians; safeguarding our borders, inspecting dangerous goods and screening travellers for COVID-19 from coast to coast. Many FB members have contracted COVID-19 while performing their duties.

FB members have been without a contract for more than two years at a time when Canadians are relying on them more than ever to keep them safe. They deserve much better.

Despite their essential contributions, the federal government and CBSA still refuse to offer a fair contract that recognizes the value of their work and that brings them in line with law enforcement agencies across Canada.

Key issues at the table:

Compensation: Ensure that FB members’ rights and compensation are brought fully in line with law enforcement agencies across Canada. Management has rejected this proposal. This is unacceptable, as it fails to address our wage disparity with the broader law enforcement community. Other federal public safety officers represented by PSAC – fisheries officers, park wardens and parole officers – all received better compensation packages than the framework that has been tabled for the FB group. CBSA also continues to insist on a practice where FB-2s are effectively used as a cheap labour force.
Retirement reform: Commit to supporting early retirement to members of the FB bargaining unit after they’ve served for 25 years, similar to other federal law enforcement agencies. Treasury Board and CBSA have refused to address this issue.
Workplace flexibility: Provide fair access to telework and leave with income averaging, particularly for non-uniform members. CBSA does not follow Treasury Board policy on these issues. Language is needed in the collective agreement to address these issues, as clearly CBSA cannot be trusted.
New protections: Provide better protections from CBSA management in the context of discipline (PSI and SRI), surveillance, abuse of authority, whistleblowing, use of students and the reimbursement for medical certificates. Management is refusing to address these concerns.
Hours of work: A paid meal period in line with other law enforcement agencies, as well as better rights for shift-working members such as enhanced seniority rights and paid firearm practice time. CBSA and Treasury Board have done nothing to address these issues.

No concessions

Management is seeking serious concessions, including the watering down of Variable Shift Schedule Arrangement (VSSA) protections, the introduction of national VSSAs, shorter shift-change notice and making care and nurturing leave subject to operational requirements and a minimum of 12 weeks of leave. These concessions are unacceptable.

Take action to support FB members in bargaining – Click here to send a letter!

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