Bulletin 07/03

March 28, 2003

File:  2122-905-2

To:       Betty Bannon , President
            Union of Taxation Employees
            Ron Moran, President
            Customs Excise Union Douanes Accise
            Alliance Executive Committee  

Re:  Input Call for Bargaining Demands Canada Customs and Revenue Agency   

This document will serve as the Input Call for Bargaining Demands for the next round of negotiations for the PSAC/CCRA Bargaining Unit (Program Delivery and Administrative Services). The current agreement for this unit expires October 31, 2003.  We plan to serve Notice to Bargain on August 1, 2003.

A Strategy Committee has been established and has approved the process and timelines for this round of bargaining:

  • UTE locals and CEUDA branches shall submit their collective bargaining proposals to their respective Components no later than May 9, 2003;
  • Each Component will review their input and provide approved and translated demands to the PSAC by July 4, 2003;
  • A National Bargaining Conference, composed of delegates selected by the two Components, will be held July 12-15, 2003.  

The Strategy Committee has also approved the issuance of this call for bargaining proposals, and has directed that the number of proposals to be submitted by each Component shall be strictly limited to twenty-five (25). The National Bargaining Conference for the bargaining unit shall decide on twenty-five (25) proposals to be submitted as demands to the Employer. 

An initial Program of Demands is attached to assist UTE Locals, CEUDA Branches and their members in the preparation of their bargaining input.  Some of these demands have been selected from the list of unresolved demands and issues from the last round which we believe have st ron g chances of success.  Others emerged as issues during the negotiations process, or arose during the life of the agreement as issues that require resolution, or as issues reflecting the operational needs or goals of the union.

In accordance with Regulation 15, bargaining input must be accompanied by complete rationales and justifications.  In order to speed the process, a bargaining input form has been created by the PSAC Negotiations Section (attached). Locals/Branches are asked to use this form to submit input to their Component. Input must be readable, and preferably will be submitted in elect ron ic format. (Copies of the form are available from the PSAC Negotiations Section). As noted above, UTE Locals and CEUDA Branches have until May 9th to submit their input to their Component.

I believe that the attached Program of Demands forms a solid foundation for our bargaining demands for this next round of bargaining.  Your input will, however, be critical to ensuring that the Union succeeds in achieving the demands of importance to the membership.  The National Bargaining Conference will provide an important opportunity to discuss and finalise our agenda for the coming round of bargaining.  I look forward to the conference and to the next round of bargaining, confident that through our solidarity we can achieve our goals.

I would like to thank you in advance for your anticipated cooperation throughout this process.  If you have any questions on any of the foregoing, please do not hesitate to either contact me directly or Brother Mike Mac Don ald, Director of the Collective Bargaining Branch or Sister Kate Rogers, Coordinator of the Negotiations Section.

The final deadline for PSAC to receive the Components' input is July 4, 2003.

In solidarity,

Nycole Turmel
National President

att.

c.c.      Branch Directors' Team
Regional Offices
Kate Rogers, coordinator, Negotiations Section
Theresa Johnson, Negotiator
Susan Jones, Negotiator
David Orfald , Research Officer

PUBLIC SERVICE ALLIANCE OF CANADA

PSAC Input #    .

PROPOSAL FOR COLLECTIVE BARGAINING

Instructions: (i) If possible, please type directly into an elect ron ic version of this form (copies available by e-mail from bargaining@psac.com). If filling in on paper, please type or print. (ii) Proposals are to be submitted through Locals to Components (NOT direct to PSAC).

1. BARGAINING UNIT/ COLLECTIVE AGREEMENT

Include sub-group if applicable.

 

2. SUBJECT MATTER

Use a separate page for each subject or proposal

 

3. AGREEMENT REFERENCE

If applicable, provide Article number and page reference.

 

4. PROPOSAL

Briefly outline your proposal. You do not need to provide actual language.

 

  

5. RATIONALE

a) If the purpose of your proposal is simply to clarify wording, give examples of problems of misinterpretation of current agreement.

b) If this is a NEW proposal, or a CHANGE, briefly describe problem which prompted your proposal and give arguments to be used at bargaining table to support your proposal. Name other employers having similar practice and/or mention or attach other union agreements containing similar provisions.

c) Keep the rationale brief. Any longer documents or descriptions should be referred to and attached.

 

REVIEW, COMMENTS AND RECOMMENDATIONS OF LOCAL AND COMPONENT

6.   Review by Local No.         Place           

      Signature        Date            

        Local Executive in Charge

 

7.   Review by Component      Date    

      Signature        Component   

        Officer

PROGRAM OF DEMANDS FOR THE PSAC PROGRAM DELIVERY AND ADMINISTRATIVE SERVICES BARGAINING UNIT AT

THE CANADA CUSTOMS AND REVENUE AGENCY (CCRA)

2003 ROUND OF NEGOTIATIONS

ITEM

DEMAND

WAGES, PAY AND CLASSIFICATION ISSUES

1.    Develop wage proposals built upon the following principles:

· Continued gains in real wages for all members.

· Wage restructuring for all groups to keep pace with other bargaining units or classifications at the CCRA.

· Complete the process of harmonisation for administrative (CR, DA, OE and ST) classifications, and undertake harmonisation for technical classifications (DD, EG, GT, and PR).

· National rates of pay for GL and GS employees.

· Protection against future inflation.

· Protection against increases in employee contributions to benefits and pension plans.

· Risk premiums for Customs Officers and all other employees who face additional risks.

2.    Classification demands:

· Negotiate a jointly developed and agreed upon, gender-neutral classification standard covering the bargaining unit. The agreement shall include an effective date and a timeline for implementation, and negotiation of wage rates for the new system as part of a full collective bargaining process.

· Maintain full salary protection on conversion.

· Protect allowances on classification conversion.

WORK LIFE BALANCE ISSUES

3.    Improve employee's control over the distribution of work by forcing the Employer to fairly distribute the workload. Do this through a new clause that requires management to exercise its rights reasonably, fairly, in good faith and without discrimination or harassment. (See also demand #7 under health and safety).  

4.    Negotiate "captive time" language that provides compensatory leave benefits to employees who travel frequently as part of their work. (The language achieved at Treasury Board and Parks Canada provides leave for anyone travelling more than 40 nights per year).  

5.    Improve access to flexible work arrangements.  

6.    Improve overtime compensation and compensatory leave provisions. This shall include:

·       the right for employees to convert all overtime, standby, and travelling time to compensatory leave (eliminate management's right to force employees to take in cash)

·       improved pay-out provisions for unused leave

·       restoration of compensatory leave credits in the case of family illness (currently compensatory leave credits are restored only for sick leave and bereavement leave; the family-leave improvement was achieved with Parks Canada).

HEALTH AND SAFETY

7.     Negotiate language that would require union participation in discussion of workplace changes that may affect health and safety, as per Canada Labour Code Part II (Section 134). Include in this a requirement to address workload and work-stress issues through joint processes. Al so provide for a joint, service-wide, policy committee on these issues.  

8.    Amend injury on duty leave provision to ensure full pay and benefits from the time that the claim is made, for the full period of incapacity.  

9.    Improve language on protective reassignment for pregnant workers to include full salary protection where reassignment is not possible.  

10.  Introduce provisions to address Violence in the Workplace issues.

TERM EMPLOYEES AND STAFFING ISSUES

11.  Full implementation of recommendations from the PSAC-CCRA Joint Study on Term Employees, and negotiation of automatic conversion from term to indeterminate status after two years continuous employment, or to indeterminate seasonal status after three consecutive "programs."  

12.  Term employees to earn vacation leave on same basis as seasonal employees (change years of service definition as per Parks agreement).  

13.  Eliminate barriers to staffing mobility between Treasury Board and Agency employees.  

CUSTOMS OFFICER'S POWERS

14. Negotiate into the collective agreement provisions related to the implementation of Officer Powers (Bill C-18), including:

·       full and proper training

·       proper tools

·       fitness training

·       minimum staffing of two officers per shift for each port of entry.

DISCIPLINE

15.   Full pay and benefits during disciplinary investigations.

EMPLOYMENT EQUITY

16.  Introduce language that would establish a positive obligation on the employer to maintain a barrier free workplace.

UNION LEAVE

17.  Amend Leave With or Without Pay for Al liance Business to:

·    increase the number of situations where Al liance representatives can receive paid union leave (e.g. negotiations)

·    provide union leave to investigate complaints, and to represent members at administrative tribunals, investigations, appeals and Independent Third Party Review processes

·    specify that time spent on union LWOP shall count toward the earning of vacation and sick leave

·    grant leave with pay to employee representatives when employee represents members outside headquarters area.

JOINT INITIATIVES

18.  Negotiate into the collective agreement language that builds upon the results from all of the joint union-management initiatives started as a result of the last collective agreement:

·       elect ron ic bulletin boards

·       long term sick leave

·       employer policies on former NJC Directives

·       National Union-Management initiative

·       (see also point 10 re: Term Employees).

SPOUSAL UNION LEAVE

19. Change marriage leave with pay to Spousal Union Leave, which would be available to all common law spouses, regardless of sexual orientation, faith or tradition.

SOCIAL JUSTICE FUND

20.  Introduce a provision that provides financial support for the PSAC Social Justice Fund at the rate of 1 cent per member per hour worked. The goal of the Fund is to assist in the conf ron tation of corporate globalisation and improve the lives of workers in Canada and the developing world. The Fund will support international development work, Canadian anti-poverty relief, emergency relief work in Canada and around the world, worker-to-worker exchanges and worker education in Canada and around the world.

UNION EDUCATION FUND

21. Introduce a provision establishing a Union Education Fund at the rate of 3 cents on all hours worked for all employees in the bargaining unit. This will provide opportunities for all members to have access to union education. Union Control of this fund ensures accessibility and course content that is relevant to the membership. Will also provide members with the opportunity to develop as leaders in the union and the workplace.

CHILD/FAMILY CARE FUND

22.  Establish a fund that will improve members access to affordable, high quality childcare and elder care. When workers have access to reliable family care, all workers benefit.

WORK FORCE ADJUSTMENT

23. No layoffs for the duration of the collective agreement.

24. Eliminate "Part VII: Special provisions for Al ternate Service Delivery" (and all related language). These provisions were legislated specifically in response to program review.

ADMINISTRATIVE AND OTHER IMPROVEMENTS

These are demands which (a) are administrative in nature; or (b) incorporate gains already achieved through grievance interpretations; or (c) incorporate into the collective agreement provisions already contained in legislation or policy:

· "A day is a day": Amend leave general clause to specify that a "day" means "day" when applied to all forms of leave described in "days" (as per PSSRB decisions).

· Definition of family: Amend to recognise cultural diversity.

· Parental Leave: Al low parental leave to be taken as non-consecutive weeks (as per EI Act).

· No Discrimination: Include "political affiliation" in the list of items of prohibited grounds.

· Lajoie or better: For retroactive pay calculations, use "straight-down" method (Lajoie) or recalculation - whichever is better.

· Overtime transportation costs: Reimburse mileage, public transportation or commercial transportation costs for all overtime work, work on a day of rest, work on a designated paid holiday, and call-back and reporting situations.