RE: Active Offer and Language of Work vs. Language of Service

Dear Brothers and Sisters:

Lately, the Union of Taxation Employees’ (UTE) National Office has received an increase in inquiries concerning the Canada Revenue Agency’s (CRA) aggressive implementation of their policies on Active Offer and Language of Work vs. Language of Service.

As a result, the National Office has consulted the PSAC and we have concluded that UTE members who, as per the Official Languages Act, feel their rights are being violated should file complaints with the Office of the Commissioner of Official Languages (OCOL).

The information received by the National Office, from members, is that the CRA, as per the Active Offer policy, is requiring employees with a unilingual language profile to speak the other official language than the one that they speak.  Please see complaint #1 - Active Offer.

As well, the National Office has received information that the CRA has ordered employees with a bilingual language profile, in designated bilingual regions, to record all annotations on taxpayers’ files in the other official language than the one that they wish to use.  Please see complaint #2 - Language of work vs. Language of service.

When filing their complaints members should include:

• their name, telephone number and mailing address
• a brief summary of the incident or situation:
  • the date
  • the time
  • the location

Please refer to all bulletins, memos, emails, verbal instructions from the employer as well as incidents of coercion, threats, etc. made by any and all representatives of the employer. (Include related copies when available.)

The more details you provide, the easier it will be to conduct the investigation and the faster it will progress.

Complaints should be mailed to the Office of the Commissioner of Official Languages, 344 Slater Street, 3rd Floor, Ottawa, Ontario, K1A 0T8.  Additionally, when your members file a complaint, please provide a copy to Pierre Mulvihill, Labour Relations Officer assigned to these complaints, so that he can ensure their representation.

Respectfully submitted,

Betty Bannon

Betty Bannon
National President
Attach.

COMPLAINT #1 - Active Offer

I am submitting this complaint with the Office of the Commissioner of Official Languages against my employer the Canada Revenue Agency (CRA).
Given that the CRA is contravening the Official Languages Act by removing my right to work in the language of my choice, I am asking the CRA to:

1. immediately revoke its directive requiring staff with a unilingual language profile to speak the official language other than the one of their choice;

2. immediately inform the employees of their right to speak only in the official language of their choice.

I am requesting that I be represented by Pierre Mulvihill, Labour Relations Officer of the Union of Taxation Employees (UTE).

Actions by the employer related to my complaint are as follows:

COMPLAINT #2 - Language of work vs. Language of service

I am submitting this complaint with the Office of the Commissioner of Official Languages against my employer the Canada Revenue Agency (CRA).

By recording all annotations on taxpayers’ files in the language of my choice, I am complying with the Official Languages Act, because when dealing directly with the taxpayer, I always endeavour to communicate orally and in writing in the language of their choice, as required under Part IV of the Act.

In my case, because the Department made a decision without considering its language of work obligations, it thereby played Part IV against Part V and is putting the burden of its oversight on me and the other employees.

Given that the CRA is contravening the Official Languages Act by requiring me to record all annotations on taxpayers’ files in the official language other than the one I want to use, I am asking the CRA to:

1. immediately revoke its directive requiring staff to record all annotations on taxpayers’ files in the language of the taxpayer;

2. immediately inform the employees of their right to record all annotations on taxpayers’ files in the language of their choice.

I am requesting that I be represented by Pierre Mulvihill, Labour Relations Officer of the Union of Taxation Employees (UTE).

Actions by the employer related to my complaint are as follows: