Tag Archives: victory

2008: ‘Doubling-up’ at ports of entry

Photo of BSO with the word Victories superimposed

Our seventh vignette in a series celebrating our union victories.

It should go without saying that no officer should be obligated to work alone when performing law enforcement related duties. Yet, CIU had to lobby aggressively so the unacceptable practice of forcing officers to work alone – often in remote locations or late at night – would stop. This egregiously unsafe policy affected a staggering 139 work locations throughout the country, needlessly endangering officers and border communities.

Thanks to relentless union pressure, the situation started to turn in 2006, with the government allocating funding to solve ‘work-alone’ situations. Finally, 2008 saw the employer adopt its Doubling-up Policy.

While it would still take a few years after the adoption of the policy for work-alone situations to be eliminated, the union had succeeded in its primary objective: Having the employer recognize the need to end an archaic practice and ensure proper backup for its officers – our members – in a law enforcement environment.

Two border services officers, with a text about CIU's role in achieving the 'doubling-up' of officers at ports of entry

Click for full-size version.

For more union victories, see this page, and follow us on social media using #CIUvictories.

2017: Alternation and age discrimination case

Photo of BSO with the word Victories superimposed

This is the sixth vignette in a series celebrating our union victories.

In a matter of blatant age discrimination by the employer, Diane Legros, who worked for CBSA, sought to alternate with another employee to benefit from a Transition Support Measure. Alternation occurs in a Workforce Adjustment Situation when an employee switches with a person in an ‘opting’ position who wishes to remain in the public service, ‘alternating’ into this job and leaving the public service with a financial payout.

Legros’ request was refused: She was 62 and her manager expected Legros would likely retire soon, at which time her postion could be eliminated. With the support of the union, Sister Legros challenged the manager‘s position, and grieved – twice. The manager persisted, and Legros’ case eventually went to adjudication. It was found that her age was indeed a factor in the employer’s decision to deny her alternation – a clear-cut example of discrimination.

Ultimately, the employer faced consequences for violating the Canadian Human Rights Act: The adjudicator awarded Legros with $10,000 in damages for “willful and reckless discrimination”, as well as $15,000 for “significant pain and suffering”. The ‘Legros Decision’ thus helped reinforce the protections that benefit all our members, illustrating once more that labour rights are fought for and not given.

Image of a woman looking out the window with text explaining a union victory in a matter of age discrimination

Click for full-size version.

For more union victories, see this page, and follow us on social media using #CIUvictories.

Celebrating our victories

Photo of BSO with the word Victories superimposed

For more than half a century, CIU and its members have been on the front-line of union advocacy. In our Victories section, we celebrate the hard-won and hard-fought labour battles that gave our members – be they law-enforcement or civilian – the many rights and protections they enjoy today, from stronger representation to a safer work environment.

We invite you to discover how our union helped shape and transform Canada’s first line of defence: available below is a series of short vignettes published on our website and on social media (#CIUvictories), each showcasing a victory or an event of importance in the history of our organization.

Already published:

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.

PSAC Victory Secures Compensation for Victims of Workplace Sexual Assault

CIU Flag / Drapeau du SDI

PSAC secured an important victory this past week when the Federal Court of Appeal ruled that a member should be compensated for the sexual harassment and assault she experienced in her workplace.

The case involved a border services officer who had been continually sexually harassed by a co-worker since May 2008, which culminated in a sexual assault on August 2009. While the employer and the Board did not dispute that sexual harassment and assault did occur, the Board nevertheless decided that compensation for pain and suffering was not warranted despite clear evidence of significant emotional trauma

In its decision, the Board referred to the sexual assault as a “vulgar prank” and considered the reaction of the target of the assault as “extreme” and “grossly exaggerated.” The Board further maintained that because the victim was a “confident” employee she ought to have taken different steps in having the matter reported and resolved.

Thanks to the courage of the member who brought this case forward, PSAC successfully appealed the Board’s decision and received the positive ruling last week. The Federal Court of Appeal confirmed that there is an obligation to compensate victims of sexual harassment and violence, and further, that sexual assault survivors can be compensated for harm suffered regardless of whether the sexual assault was the sole cause of the harm.

“This is such an important victory for any victims of sexual harassment and assault in the workplace. The message is clear: the impact on workers should be taken seriously, and they should be compensated for their suffering,” said PSAC National President Chris Aylward.

The Court was also very critical of the Board’s original decision for having perpetuated rape myths. The Court affirmed that there is no one typical response by victims to sexual assault, and further that the Board could not substitute its own concept of common sense in place of the actual evidence of pain and suffering.

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