Union News - December 2023
In this edition of Union News, we are going to discuss several articles contained within the collective agreement. This includes the most recent changes to our collective agreement along with changes in place because of negotiations during the past few rounds of collective bargaining.
It is important not only to highlight the most recent amendments or additions to our collective agreement, but it is also timely to discuss important clauses in the collective agreement for the benefit of all members including the thousands of members who have joined the Canada Revenue Agency over the last 10 years or so.
While we would like to think that everybody is familiar with everything contained in the collective agreement, sadly it is not so.
Article 25.08 – Flexible Hours
Subject to operational requirements, an employee on day work shall have the right to select and request flexible hours between 6:00 a.m. and 6:00 p.m. and such request shall not be unreasonably denied. The parties recognize that employees who request to start work at 6:00 a.m. consistent with this clause shall not be entitled to the early hour premium (consistent with Article 25.12) for the period of 6:00 a.m. to 7:00 a.m., nor should it result in additional costs to the Employer.
This clause had been amended to change flexible hours from 7:00 a.m. to 6:00 p.m. to now start at 6:00 a.m.
Employees who wish to start earlier than the previously prescribed start time of 7:00 a.m. should request in writing the approval to do so from the employer. The employee should receive, in a timely manner, a response either granting the request, or if denying the request, the employer should be providing information outlining reasons for their denial. If the request is not approved, this would be a good time to reach out to your local executive to seek assistance. Each situation will be reviewed on a case-by-case basis and will involve looking at factors such as whether the member is requesting to start their workday at 6:00 a.m. remotely, on-site, or both, as well as the duties and responsibilities of their specific position.
The merit of the request will largely hinge on how compelling of an argument can be made about what type of work the member can reasonably do at 6:00 a.m., considered in conjunction with their job description. For many of our members, most duties can be done independently and do not require collaboration with other team members or contact with taxpayers. If these members are requesting to start their remote workday at 6:00 a.m. and the employer refuses, we would recommend filing a grievance.
However, for example, where a member’s position is at a contact centre in Newfoundland, which predominantly requires phone presence from 8:00 a.m. – 4:00 p.m., we will likely not be successful in representing them if they are requesting to start work at 6:00 a.m., whether they are working from home or on-site.
We also understand that the employer is citing operational requirements and additional costs in refusing to allow members to start their workdays at 6:00 a.m. on-site. We need to push the employer to prove legitimate operational requirements and/or additional costs to our satisfaction. As previously stated, our recommendation is to have members put in requests to start their on-site workdays at 6:00 a.m. and have management provide reasons if they are refusing these requests.
With a denial of such a request and after an assessment of the matter has been conducted, we are encouraging members, with the assistance of the local, to file grievances on these denials.
Article 42 – Leave with pay for family-related responsibilities
Article 42 provides a very comprehensive list of situations where a member is entitled to take leave with pay. It should be noted that in any fiscal year an employee has a maximum of 45 hours available to them.
The list includes:
- Taking family members to medical or dental appointments and the number of other scenarios.
- To provide immediate and temporary care of a sick member of the family.
- For care of a sick member of the family who was hospitalized.
- To provide for the immediate and temporary care of an elderly member of the employee’s family.
- Many other family related situations, and members are encouraged to review article 42 in order to be aware of all of the provisions contained in this article.
Over the last two rounds of collective bargaining, there have been two significant changes to article 42, the first being the inclusion of sub article 42.01 b:
For the purpose of this clause, “family” is defined per Article 2 and, in addition, a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
This allows the member to have access to the provisions of this article when dealing with individuals or situations where the person is not a family member by blood. Again, the provision that total amount of leave in any fiscal year is 45 hours.
Article 42.02 (j)
The most recent amendment to this article provides members now a maximum of 15 hours out of the allotment to meet with “a professional”. The employer has taken a very reasonable position in respect to this clause. While meetings with lawyers, paralegals or financial advisors are specifically mentioned it has been recognized that a “professional” can be anyone trained in their particular field. Thus, meeting with a barber, veterinarian, mechanic, golf pro to name but a few, would qualify. We are unaware of many incidents where the leave is denied.
Article 44 – Domestic violence leave
The recent pandemic has forever changed the way we deal with each other, both in the workplace and at home. We all know that while we have a duty to be professional in the workplace, the reality is that we cannot or do not always separate what happens at home from what we bring to work. The sad reality of domestic violence is that it can create many challenges for people in terms of how they function, and the recent pandemic has been no exception. Some saw their personal relationships strengthen, and others saw them strained to the breaking point, both living and working from home 24/7. As a result, there has been an increase in the number of cases of domestic violence.
Unfortunately, domestic violence is not a new phenomenon. It can result in a need for individuals to take time off to find a new place to reside, to attend interviews with police, to testify in court, to attend medical appointments, and to attend counselling. The reasons for time off can vary from physical safety, emotional safety, and for a variety of practical reasons. Starting over is neither easy nor quick. Our union has fought for and secured leave to allow for this. Our members can request up to 75 hours per fiscal year, and the leave is renewed on April 1st. This leave is secured in article 44, entitled Domestic Violence Leave, and can be requested for the member or the member’s child who has been the victim of domestic violence. The collective agreement recognized that “…domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from a family member, or someone with whom the employee has or had an intimate relationship.”
Due to the sensitivity of the matter, the employer only requires a signed statement from a member, indicating that they meet the conditions of the article.
Conversely, if an employee has been charged with domestic violence, they are not entitled to this leave.
Please see the link below for reference to the applicable clauses of the collective agreement. If you have any further questions or face obstacles in utilizing this leave, please contact your local for advice and/or assistance.
Article 46 – Bereavement Leave
Have you ever encountered a situation where a dear colleague or lifelong friend has passed away and emotionally you were as devastated as if it was a family member? An article was recently amended under bereavement leave to provide members an opportunity, once in their career, to take bereavement leave in these unfortunate situations. The inclusion in the article of section 46.01 (a) provides that possibility.
46.01 For the purpose of this clause, “family” is defined per Article 2 and, in addition:
- a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
- An employee shall be entitled to bereavement leave under 46.01(a) only once during the employee’s total period of employment in the public service.
Note: 46.01 is defined to mean that for bereavement purposes the individual would be considered as “family” even though there was no blood relationship.
The most recent changed negotiated in our collective agreement provides one (1) day of bereavement for those family members contained in the new article 46.05.
46.05 An employee is entitled to one (1) day’s bereavement leave with pay for the purpose related to the death of their aunt or uncle, brother-in-law, or sister-in-law.
Article 52 – Leave for Traditional Indigenous Practices
The Truth and Reconciliation Commission’s 94 Calls to Action (CTA), guided by the United Nations Declaration on the Rights of Indigenous Peoples, are actionable policy recommendations meant to aid the healing process in two ways: acknowledging the full, horrifying history of the residential schools system, and creating systems to prevent these abuses from ever happening again in the future.
Prevention, according to the CTAs, will happen by:
- Teaching all Canadians the reality of Indigenous Peoples’ treatment
- Creating educational and economic opportunities for Indigenous Canadians so they can fully participate in society.1
The Union of Taxation Employees is supportive of equity and reconciliation for Indigenous members and our new Collective Agreement contains provisions for members who self-declare as Indigenous persons. Article 52 of the Collective Agreement allows Indigenous members leave with and without pay, to engage in traditional Indigenous practices, including land-based activities, such as hunting, fishing, and gathering. For the purposes of this article, an Indigenous person refers to someone who identifies as First Nations, Inuit, or Metis. They are entitled to up to 15 hours of leave with pay and up to 22.5 hours of leave without pay per fiscal year.
Unless the employer states otherwise, a statement in writing from the member stating that they meet the conditions of the article shall be sufficient to make the request for leave.
Members who intend to take advantage of this leave must request it as far in advance as possible. The leave may be taken in one or more periods, but each period of leave will not be less than 7.5 hours.
This demand was part of the PSAC’s common demands, that is, the same demand was tabled, and accepted, across the Public Service. This is an important step for the Union in the journey toward reconciliation with Indigenous peoples.
1 What Are the Truth & Reconciliation Commission’s 94 Calls to Action & How Are We Working Toward Achieving Them Today?
Communications Committee
with contributions from Gary Esslinger, Melanee Jessup, Patricia Sleczkowski, and Kristina Cooke