Minutes of the Presidents' Conference

March 10 - 12, 2016

THURSDAY, MARCH 10, 2016
AFTERNOON SESSION

CALL TO ORDER

The meeting was called to order at 1:15 p.m.  Bob Campbell, President of the Union of Taxation Employees, presided and the session opened with the song Solidarity Forever in both French and English.

President Campbell asked the delegation to respect a moment of silence for members who have passed away since the last conference.

President Campbell went over the Harassment Policy and introduced the Complaint Administrators: Doug Gaetz, Annette Melanson and Shane O’Brien.  He introduced the members of the staff from the National Office present in the room, and then asked the Local Presidents to introduce themselves.  The members of the Executive Council were then introduced.

The CPR attendants were presented as follows: Janet Albinet, Bob Campbell, Doug Gaetz, Denis Lalancette, Kent MacDonald.

The following Life Members were presented followed by the new Local Presidents.

Brothers Kent MacDonald, Denis Lalancette and Bob Campbell.

New Local Presidents

Emma Bertamini, Calgary
Stephen Au, London
Lilianne Gervais, Sudbury TC
Didier Rwankineza, Outaouais
Ashley Green, St. John’s TC
Michelle Neill, Charlottetown
Peter Cloidt, Thunder Bay
David Webster, Kingston

HOURS OF SESSION

M/S     Melanee Jessup / Theresa Greenough

That the hours of session be as follows:

Thursday:      01:15 to 5:00
Friday:            09:00 to 11:45; 1:15 to 5:00
Saturday:       09:00 to 11:45; 1:15 to 5:00 or closure of business

MOTION CARRIED.

ADOPTION OF AGENDA

(See attached agenda, participants list and Items submitted by the Local Presidents)

M/S     Chris Beaton / Vicki-Lynn Smith

That the agenda be adopted with the following additional items:

  1. Request for the revocation of the Conservatives new security protocol (Toronto East)
  2. AU2 Acting as a MG3 SPS (Kingston)
  3. Term Rehire Protocol (Kitchener)
  4. CRA Scam Procedure (Vancouver)
  5. Grievance Time Lines (Surrey TC)
  6. OSH Small Appliances (Vancouver)
  • MOTION CARRIED.

Points of Privilege

Sister Kim Koch, Northern B.C. and Yukon Local announced that she will have a 50/50 draw to raise money for the ride to conquer cancer.

Sister Trixie Gorzo, Calgary CC Local informed the participants that Brother John Greaves was admitted to the hospital where he was diagnosed with H1N1. John has a long recovery ahead of him and is expected to be in the hospital for months.  He has a wife and two teenage daughters.  An envelope will pass to collect donations.

Brother Alan Craig, Ottawa East Local asked if the participants will bring down from their room toiletries that they will not be using during the week.  He will distribute them to homeless shelters in Ottawa.

All points were well taken by the President.

OPENING REMARKS

President Campbell remarks were directed to the vast majority of the locals that did a tremendous amount of work in support of the bargaining team.  He expressed his sincere appreciation to the locals and executive members for what they did in setting up meetings with their MPs.  He went on saying that it is not over since we do not have a contract signed yet.  We must continue the good work he said.  We need your support the week of March 21st when the bargaining team goes back to the table. We need to show management that we are behind the bargaining team.  We will hold the grievance campaign in abeyance for the time being. He thanked everyone for the work they have done and for the work in front of them.

ANNOUNCEMENTS

President Campbell informed the participants that a cake will be served at the break time to underline UTE 50th anniversary.  He also mentioned that the video and the book prepared by the History Museum will be available at the September Presidents’ Conference.

The grievance transmittal files that are sent to the National Office must be complete with all documentation before being sent.  In the event that this is not done properly the file will be returned to the local with a letter explaining why the file can’t be processed.

Sisters Vicki-Lynn Smith and Janet Albinet will be retiring shortly.

President Campbell reconfirmed UTE’s position with respect to the United Way campaign that we are not boycotting the campaign, but that, nationally, we will not sign the joint letter with CRA.  The locals are left with the decision to participate or not in the campaign.  They were referred to the UTE newsletter of September 2015 that outlines very well our position.

EXECUTIVE COUNCIL BUSINESS

President Campbell reported briefly on some of the business conducted by the Executive Council earlier during the week. (For additional details, please refer to the Executive Council Minutes and Committee Reports of March 2016 that were sent earlier).

From Executive Council Minutes:

  • UTE HONOURS AND AWARDS COMMITTEE REPORT
    Two recommendations for awards were adopted.  The names will be disclosed later.
    The Award of Merit in the Field of Health and Safety - Elizabeth (Betty) Bannon and the Godfroy Côté Award of Merit.
  • UTE EXECUTIVE COMMITTEE REPORT
    As per regulation 12, the Executive Committee approve the hiring of Sister Christiane Pagé to the permanent position of Bilingual Administrative Support.
  • UTE FINANCE COMMITTEE REPORT - OVER-EXPENDITURES
     

DATE

LINE ITEM DESCRIPTION

EXPLANATION

2015 BUDGET

ACTUAL+
PROJECTED

OVERAGE

31-Dec-15

Vacation leave

Over budget approval

15,000.00

17,149.56

(2,149.56)

31-Dec-15

Office Staff Travel

Over budget approval

65,000.00

65,344.61

(344.61)

31-Dec-15

Newsletter

Over budget approval

85,000.00

107,850.45

(22,850.45)

  • RESOLUTION TO CHANGE LOCAL NAME BURNABY FRASER TSO TO
    THAT the Burnaby Fraser TSO (BFTSO) Local 20007 be renamed within the Regulations of the UTE in all applicable areas to reflect the change to the Fraser Valley TSO - Local 20007.

REPORT OF THE UTE NATIONAL BARGAINING COMMITTEE

Sister Madonna Gardiner, Chair of the UTE Bargaining Committee introduced two members of the bargaining team present, Brothers Denis Lalancette and Doug Gaetz.

Sister Madonna reported that as per the update that was issued during the week, we have dates to return to the bargaining table March 21-23, 2016.  There will be a national day of action during that time and we hope to have the memo out before the participants leave the Presidents’ Conference. It is imperative that the members show support if we are to get a deal.  Thanks to all the activists and members who have shown support to date by meeting with their MP, filing grievances etc.  The grievance campaign has been ongoing since September 2015 and there have been thousands filed.  This campaign has been working, but make no mistake she said if we had 15 or 20 thousand we would have been back to the table sooner than this.  The union is as strong as the members it represents. Even though we have dates to return to the table, the fight is not over. The only reason we have dates is because of the work that has been done in the field and this needs to continue.  She concluded by thanking the activists and membership for their support.  

A picture was taken in support of the bargaining team.  Participants were holding a sign "I support my bargaining team".  The picture will be posted on our website.

Points of Privilege

Brother Lalancette announced that this was his last Presidents’ Conference.  He went on saying that the union was his life and that he is leaving with feelings of accomplishment.  He felt that he was appreciated for the work he has done from the members and people in general.   He proudly stated that we are unionist 7 days a weeks and 52 weeks per year.  He concluded saying to the participants to not give up their good work and thanked them for giving him the opportunity to have a beautiful life.

The point was well taken by the President.

REPORT OF THE UTE NATIONAL EQUAL OPPORTUNITIES COMMITTEE

Sister Madonna Gardiner, Chair of the EO Committee introduced the members present from the EO Committee.  The Co-Chair Brother Greg Krokosh, members Emma Bertamini, Gesine Campbell and Jennifer Philipps, the Technical Advisor Lyson Paquette and Administrative Support Staff, Sylvie Bastien.

Sister Gardiner gave the dates for the National EO Conference being October 13-16, 2016.  The conference will be held here at the Chateau Laurier Hotel.  An interest call will be sent to the locals July 18th with a deadline to apply by August 26, 2016. No late registration will be accepted.  Each local will be entitled to two delegates where expenses will be paid by UTE National. The committee has selected great guest speakers and they encourage locals to send additional people as it will be a very exciting conference.

ITEMS PRESENTED BY THE LOCAL PRESIDENTS

HALIFAX – 80003

1.  Collective Bargaining - Updates

The Local thanked the bargaining team members for all the work they have done.  They asked if it was possible that future communications going out from the team or the National Office be more encouraging, lively and exciting as we have great writers.  This will help us to continue the fight.

President:   We will see what can be done.  Hopefully we will have good news after the team meets in a few weeks.

2.  UTE Committees

The Local drew attention to the fact that it may not be beneficial not to participate in management consultation and that we may be missing out on important information.    

President:  This issue is brought up at every Council meeting.  A resolution was put forward at the December Council meeting asking to go back to consultation and it was defeated.  We agree that we may be missing out on some information and yes it would be better to be at the consultation table, but for the time being we have to put pressure on management.  We are holding all grievances on abeyance for now to open the door to meaningful bargaining.

3.  Local Development Tools for Staffing

The Local stated that management is doing reference checks also known as development tools.  They sat with management to have some changes made to its content, with no success.  The local does not like the way it has been developed. They wanted to know if other locals had any success in having it changed.

President :   Stressed the importance that locals do not sign any agreement on behalf of the union with the employer as it is not their responsibility to do so.  Any concerns should be brought to their RVP or the National Office.

Shane O’Brien, Senior Labour Relations Officer : Definitely some locals have engaged in consultation with management to develop local tools.  The employer confirmed that a few locals have entered in written agreements.  Brother O’Brien talked to those locals to let them know of our position on the matter.  He also talked to management in Headquarters and they will discourage this practice where they know it is done.  Neither UTE or the employer endorses this practice.  Management may consult with the locals, but locals may not enter in any agreement.  The Staffing Committee will give guidelines and assistance in that regard.

A few locals went to the microphone to express their concerns.

SAINT JOHN - 60005

4.  Course or Session on Performance Reviews or Performance Management

The Local has issues with the way the performance appraisals are being managed and the way performance reviews are being rolled out by management.

There seems to be a cross over on discipline versus performance management.  They see their team leaders not rolling this out appropriately and they wonder what kind of training they received.  Is there a course that our team leaders and the local executives can take to help them when the employer is rolling out performance management?

O’Brien, SLRO : There is training on performance evaluation for team leaders.  The employer is encouraging the online tool available.  The Staffing Committee had numerous conversations with the employer and they are starting to see standardized expectations on all work descriptions.

He went on saying that there is a reason why we do not win many grievances on performance because adjudicators are moving away from the issue saying that it is not their job to interpose their judgment for that of the management or team leaders in the performance appraisal.  They will only intervene if there is a violation of the collective agreement.  The advice to locals is to extract the information from the members and to advance their case the best that they can and also look at the employer management policy and make sure they follow what they are supposed to do. i.e. periodic ongoing regular performance reviews, re-training and training as necessary, feedback to the employees etc... If the employer has not done the above, then members may argue that there has been negligence or omission on their part.  He concluded saying that if the grievances are not successful at their level, the chances to win at the final level is next to nil and the chances to get them to adjudication are almost nil.  The PSAC will not accept them anymore.

After a few team leaders went to the microphone to express their concerns on the roll-out of performance reviews, it appears that it does depend on the region.  Some get the training and some don’t.

A local shared that a plantgate to distribute information to the members on what their rights are with respect to performance reviews is a good way to educate members.  They should know what should and should not be on a performance review to avoid bad surprises.

There is an on-line training course, but it is not as efficient as being in a classroom with the trainer.

OTTAWA – 70000

5. New CRA Policy

The Local commented that on December 17, 2015, the Employer introduced a new “Policy on Workplace Management”.  This policy replaced 10 previously existing policies that covered a wide range of subjects such as discipline and injury and illness.  Throughout the new policy, the Employer makes reference to a “multi-party approach” in resolving issues; however, they do not include the Union as a party that should be considered in the process.  Was the Union consulted in the drafting of this policy and why is the union being excluded when we know we are an important part of the solution?  It seems we are being devalued/excluded more and more as essential players in maintaining a healthy, productive workplace where our Members are valued and supported.

O’Brien, SLRO:  We were somewhat consulted by the employer.  With respect to the Policy Simplification, the Agency is developing a policy from where there will be directives and procedures issued from that policy.  UTE is engaging in discussions with the employer to make sure our rights are reflected. As we are in the non-consultation phase with the employer, we did not have the chance to follow up and force the issue.  We are addressing the problems as they are raised and try to tacking them without going to consultation phase.

6. Punch Clock System

The Local explained that recently they have been experiencing an alarming number of incidents where the Employer is attempting to use the Outlook system as a time clock, insisting that Employees clock in and out on a daily basis.  This is occurring even in instances where there have been no documented reports of abuse of time.  Have other locals been experiencing the same thing and how are they addressing it?

Other locals are experiencing the same situation.  Sometime it is new directors or managers who try to leave their mark and have the team leaders use this system to keep track of their employees.  In some offices, there was some success in having this use of outlook stopped.

According to the locals who went to the microphone, it is happening in many locals.

This situation can affect the term employees as well when comes the time to re-hire them.  Any lateness marked in their personal file will bring their score down on the assessment re-hire tool.

O’Brien, SLRO:   Suggested that for those locals where it is happening that a bunch of grievances be filed.  He urged the locals to write up the details giving as much information as they can.  He went on saying that this is happening only since the notice to bargain was served. We will file a statutory freeze complaint as they can’t unilaterally make this change until such time the collective agreement is signed or we vote for and go on strike.

President: Reiterated that if locals want this situation to cease, information must be sent to the National Office.

7. Transfer of Membership

The Local continues to experience great difficulty in maintaining their membership lists.  Given the transient nature of positions within CRA Headquarters and the number of buildings where our members work, it is a monumental task trying to keep track of members moving in and out of the 6 Locals within the NCR; this results in dues not being correctly allocated, a situation that can go undetected for years as there is currently no system in place to alert the affected locals. Can National look into developing a strategy that would address these situations?

President:  Acknowledged the local’s concern and reiterated that everything has been done in trying to get listings from CRA.   We wish we could to something about this issue.  As you know, the branches keep on changing name and Human Resources Branch refuses to give an updated list.

O’Brien, SLRO: There might be a way to get a list, but it will take some work from the locals.  He stipulated that under Section 56 of the Collective Agreement a list can be obtained if the request is made. He suggested to have one employee in each branch to request it and then divide it by local.  He had talked numerous times with the Agency on this issue and their argument is that under the Privacy Act they can’t provide a list.

A local commented that they were able to get the chart from their G drive and that normally the chart is updated every month.

Points of Privilege

Sister Trixie Gorzo was overwhelmed with gratitude as she collected $800.00 for Brother Greaves.  She thanked everyone for their generosity.

Brother David Lanthier advised that there will be a bus leaving at 5h30 on Saturday going to the Ontario Lottery and Games Racetrack site, in support of the members that are entering their three months’ lockout.

The points were well taken by the President.

The meeting recessed at 1700 hours.


FRIDAY, MARCH 11, 2016
MORNING SESSION

The meeting reconvened at 9h00 with President Campbell in the Chair.  He mentioned that our next convention will be held in July 2017 here in Ottawa.  The Host Committee is in place and the Chairperson, Brother Imre Bene is looking forward to working with the National Office to make the next convention a successful one.  Brother Imre will be presenting the committee budget in December.  President Campbell commented that it would be a very exciting time as it would also be the 150th anniversary of Canada and a lot of activities would be going on during that time.

PRESENTATION OF THE NEW UTE WEBSITE

Sister Susan Duncan, UTE Web/Communications Officer gave a presentation to outline the sections of the new UTE website and how to use them.  A copy will be made available on the site next week.  Sister Duncan answered a few questions from the participants.

Point of Privilege

Brother Mike Chartrand asked permission to collect money to help the 8-year-old daughter of Sister Susan Favilla from Local 70000 in Ottawa who needs a liver transplant in addition to suffering from the Crohn’s disease.  The family has a Facebook page for more information on how people can help if so desired.

The point was well taken by the President.

ITEMS PRESENTED BY THE LOCAL PRESIDENTS

BATHURST – 60006

8. Bargaining Grievances Feedback!

The Local gave some feedback on the grievance campaign and commented on what went well or wrong and what caused the low participation of their members.  Their members did not like the idea of having another campaign.  Nevertheless, at their Annual General Meeting, they received great information from National Officers present that night and the members did sign the grievance forms.  Shortly after they heard that other offices did not participate in the grievance campaign and they were wondering what was going on and lost faith. The local went on explaining what the members did not like about the whole process and added that it has not been a positive experience.  Their members did not like the union attitude toward the whole process.

Many locals went to the microphones to express their view that we as a group have accomplished a tremendous job.  They thanked the National Office and the Bargaining Team for launching the grievance campaign.  They were in agreement that the grievance process is a good tool to mobilize the membership. 

Locals added that this was a learning experience in terms of where they are as locals.  Also a good learning experience for new members and even management as they both know now what is a grievance process.  The campaign process must be explained to the members over and over, if necessary.  With this campaign, we know now who is behind us and ready to fight for important issues that are not right and unfair for our members. Most importantly, it gives a voice to our members.

President: The campaign is aimed to get back to the bargaining table and get the best for our members.  He appreciated the good exchange on this issue and thanked the submitting local for putting this topic on the agenda as it brought different opinions.  We have to work together he said on this important and crucial campaign.  The decision comes from the members on the actions we take and the activities that we put forward to force the employer to negotiate in good faith.

The Bargaining Team, National Executives and the membership were thanked for starting the campaign and their ongoing hard work.

TORONTO – 00013

9.  UTE/PSAC Employee/Elected Officer Salary Freeze

The Local commented that while membership dues are increasing UTE Officials continue to receive salary increases.  Concerns were passed to the local by members that if we work in solidarity why is the union executives not sharing in the hardship of the membership.  Why do they receive salary increases?

President:  There are two elected National Officers in UTE, himself and Brother Brière, and they both receive the same salary increase and vacation time that the members receive, in accordance with the Component By-Laws.  He added that elected officers do not get overtime. Our members must be informed of the union role.

Marc Brière, 1st National Vice-President: The salary increase is not tied to the dues and the financial situation of the union.  Since 2012, the last year that there was a dues increase voted at convention, UTE has lost approximately 2000 members which initiated a significant loss in revenue. In order to conduct our business and help and defend the membership, we count on the members’ dues.  The Finance Committee looks every year at the dues increase voted at convention and assured the locals that if they can spare the membership, they will do so.

A local went to the microphone to express their concerns on the union image and questioned where some of the money was spent.

Other locals were pleased and proud to receive the UTE 50th anniversary ring and the UTE gavel as a token of appreciation for the hard work they do.

The Harper government has promoted a bad image of the union.  The matter of who we are and what we have accomplished has not changed.  Some members have been victims of that bad propaganda and started to question the union business.  Members need to be educated and informed on the importance of the work we do and how the money of the dues is spent.

A suggestion was made to have on our website a section were members could send ideas and best practices that may work in other offices as well.  This will be a huge opportunity to engage new members and share information from local executives and members.

President:  If the membership wants things to be changed and if do not agree with the way business is conducted, they should bring resolutions to the convention.

10.  Communication with Locals/Members

The Local commented on the fact that when there are PSAC updates, UTE is rarely mentioned.

One local sent a letter to the PSAC President to that effect.  Her response was shared with their members and well received.

President:  Will bring this issue to the attention of the PSAC President.

SUMMERSIDE – 90006

11. Union Orientation Sessions

The Local explained a situation where, since last March, the security orientation session for brand new employees or returning employees is done online, preventing the union to do their face to face session.  The Director suggested that the union do the same with their orientation sessions.  The local asked for feedback from other offices across the country.

It does depend on the division, but most locals are successful in getting time to do their face to face presentation and have cards signed for new employees, rehires and students.  Most locals have half hour to 45 minutes to meet with their members.  When there are some difficulties with management, they are referred to the collective agreement and they collaborate.  Sometimes, it is a matter of ignorance on the employer’s part.

In some regions it is a little difficult as they do not have formal orientation sessions and the union is not invited.  Employees are directed to the online onboard session, which is not the best for our members.

President:  Our online orientation session that was put together years ago by the London Local was assigned to the Communication Committee this week for them to update it and make appropriate changes.

Locals should ask for face to face time to meet their new members under the collective agreement.

Point of Privilege

The 50/50 draw for the cancer ride collected the amount of $316.00 and Sister Sylvie Masse was the successful winner.

The point was well taken by the President.

PRESENTATIONS

President Campbell announced that there would be three workshop presentations starting at 1h15 : Conducting effective local meetings, Local treasurers and Local By-Laws.

The meeting recessed at 1145 hours.


SATURDAY, MARCH 12, 2016

MORNING SESSION

The Conference was called to order at 9:00 a.m. with President Campbell in the Chair. 

Point of Privilege

Brother Chartrand informed the participants that he collected the amount of $209 for Sister Favilla’s daughter. He thanked everyone for their generosity.

The point was well taken by the President.

Election of the Presidents’ Representative on the National Communications Committee

Two nominations were brought forward as follows: Brothers Johann Ackermann from the Surrey TC Local and Darryl Payne from the Halifax Local.

Brother Ackermann was the successful candidate.

Motion to destroy the ballot.

Moved by Theresa Greenough and seconded by Melanee Jessup

MOTION CARRIED.

REPORT OF THE UTE NATIONAL BARGAINING COMMITTEE

Sister Madonna Gardiner, Chair of the UTE Bargaining Committee informed the locals that she has spoken with Sister Benson, PSAC National President and has confirmed that she can go ahead and inform the Presidents’ Conference on the memo outlining the actions and activities to be taken the week of March 21st when the bargaining team goes back to the table.  Sister Madonna read the memo to the participants and mentioned that it will be sent to all locals early next week.  The Bargaining Team members will be back at the table on March 21,22 and 23, 2016 and they need the locals’ participation and support in this crucial time.  She concluded saying that hopefully we will be able to settle an agreement with CRA.

ITEMS PRESENTED BY THE LOCAL PRESIDENTS

EDMONTON – 30025

12. Ignorance of Article 54.01 - Leave with or without Pay for other Reasons

The Local referred to the article as follows: At its discretion, the employer may grant leave with pay when circumstances not directly attributable to the employee prevent him or her reporting for duty; such leave shall not be unreasonably withheld; and leave with or without pay for purposes other than those specified in this agreement. This leave is to be used to protect our members for unexpected circumstances.  They added that management denies this leave without good reasons.  The Local urged the members to grieve the refusal from management as the clause is there to be used when necessary.

Some members were told that as of April 1st they would have to make up the time if they are late due to i.e. a storm or accident issues and that furthermore, in order to be approved the police have to be involved. 

A few locals when to the microphone to deliver their experience and express their concerns on this issue.

O’Brien, SLRO: the delegation of authority has not changed over the past two years.  He believes that it is at the Assistant Director level.  The union has not been consulted on the criteria and he would be surprised if this is coming from Headquarters.  There are many cases for leave with or without pay such as flood, traffic accident, snow storm, etc… there is no criteria, but members have to demonstrate what efforts they have made to attend work and show where the circumstances were outside of their control.

SURREY – 20029

13. UMC – Consultation with Management

The Local stated that not having consultation is very difficult for their members.  They find out about important information after the fact.  Their Director apologized for not having consulted the union, but keeps on doing it.  They wanted to know if there is a plan to get back to consultation?

President:   The plan is to have a collective agreement for our members.  He advised the submitting local to get their RVP involved and try to work things out with the Director who seems to be the problem.

Some locals were of the view that we should keep our position of non-consultation with the employer as long as there is no signed contract.

14. Building Service Reports – Update

The item was withdrawn by the submitting local and approval of the floor.

CALGARY – 30024

15. Two Managers Involved in Members’ Issues

The Local commented that when union executive members were talking to another member during work, they were asked by the managers if they were talking about union matters or work.  Also, when grievances are filed and denied at the first level, managers hand deliver the grievance response to the members.   The local is of the view that this is an intimidation factor as grievances should be confidential.

President:  Suggested that the submitting local bring the issue to their RVP to get some help on this issue.

HALIFAX – 80003

16. Another Telephone Town Hall Call

The Local commented that some of their topics were submitted before they knew that we were going back to the bargaining table.  They went on saying that the town hall calls were very effective and that we should continue this process if needed in the future.

President: Will bring this comment to the NSCC for consideration.

17. Collective Bargaining Grievances

The Local asked how many grievances were presented?

O’Brien, SLRO:   Seven (7) were presented so far.  We have been getting them a few at a time.  Our strategy was to argue them one at the time and to add them to other grievances that we have such as harassment, suspension, etc...   The Agency was informed that we will need additional time for grievance hearings.  In light of this week’s decision to hold in abeyance the bargaining grievances we will focus on the rest of the grievances.

18. Reference Check – Locally Developed Tool

The item was withdrawn by the submitting local and approval of the floor.

PACIFIC REGION CALL CENTRE – 20050

19. Y-Splitters

The Local commented that in their Call Centre, the managers listen to one call per month with the agent.  Their members have issues with the way that this is piloted.  It is tested in one Call Centre and then it is launched nationally.  They have MG3 managers that have never answered taxpayer phone calls and that probably do not know what the confidentially measures are and still they are sitting by an agent and are testing their performance. The real issue for the submitting local is the staffing of the MG3.

O’Brien, SLRO:  There was numerous consultations with the employer on the use of the Y- splitters.  The issue was assigned to the Staffing Committee and when meeting with the Agency, we protested vigorously against this process.  We softened our position when we realized that they would proceed with it anyway.   We suggested that it be used on a voluntary basis only and for training purposes, not for performance reviews.  The Agency agreed and rolled out the pilot in Saint John, N.B. They later came out with a survey and received a large amount of responses.  In fact, our members and team leaders supported and liked Y-splitters to be used for performance reviews.  We still argued and suggested that they survey other Call Centres to see if the feedback would be consistent. Shortly after, we stepped back from consultation and no further discussion took place.  The Agency claims that they have good feedback from across the country and the employees want to use this tool.

In some locals the Y-splitter is not voluntary, but rather imposed to the agents, while in some locals, the Y-splitters have been used for a while and the feedback is positive.

Many locals see the benefits of using this tool.

20. Overtime vs Additional Hours

The Local commented that they have cases where the overtime is not distributed on a fair and equitable basis.  Management had posted a request for additional hours.  The Local commented to management that members were treated as part-time employees getting part-time benefits and yet they are working full-time.  The answer from management was that they can’t do otherwise because of the desk sharing situation and it will be too disrupting if they make them full-time.

The Local asked if there was a distinction between overtime and additional hours.

Kent MacDonald, LRO:  Drew attention to the fact that the employer can allocate the extra hours first to people that work less than 37 ½ before the equitable distribution of overtime clause comes to effect.  The collective agreement is very clear on that issue.

NORTH B.C. & YUKON – 20002

21. Two Year Acting Lists

The Local commented that the employer want this lists to be cleared.  Management is saying that it is the responsibility of the union if this list is over two years.   Is this happening elsewhere?

MacDonald, LRO: Made a clear statement that it should be 1 year only as per the employer’s Staffing Policy.  After that period of 1 year it should be going to the Assistant Commissioner to get a business case as to know why this acting is still in place.  The biggest problem with acting positions is that the employer always has excuses and the most currently used is that they have money in their budget.  We have to challenge those excuses.  After 2 years, acting positions should be staffed as permanent positions.

In some locals this is becoming a sensitive issue.  There are locals where MG5s will be in acting in MG4 positions and get paid at their salary level.

President:  The acting positions should be for a short period of time to give the opportunity to other members to move up as well.  After two years these positions should be made permanent.  The Agency should not let these situations happen where people are in acting positions for 5, 6 years or more.

Point of privilege

Sister Susan Hughes, Local 70004 announced that she will be retiring shortly after 42 years. She thanked everybody for the awesome experience she has gained, their support and friendship over the years.

The point was well taken by the President.

The meeting recessed at 1145 hours.


AFTERNOON SESSION

The meeting was called to order at 1:15 pm. with President Campbell in the Chair.

REPORT OF THE HONOURS AND AWARDS COMMITTEE

President Campbell invited the Honours and Awards Committee to the podium.  The Chair, Brother Denis Lalancette introduced the members on the committee: Sister Gesine Campbell and Brother Wayne Little.

Brother Lalancette announced that the UTE Scholarships will be awarded in June.  There will be an article in the April newsletter that will give additional information.

Brother Lalancette rendered a touching posthumous tribute to a great unionist and humanitarian, Brother Sabri Khayat who passed away last November.  Present in the audience were Brother Sabri’s wife Lina and a family friend.  Brother Khayat was selected in the fall to receive the UTE Life Membership Award.  The award was presented to his wife Lina at the end of Brother Lalancette’s tribute.  Sabri’s wife was very pleased and touched to accept the award.

ITEMS PRESENTED BY THE LOCAL PRESIDENTS

22. 9.5 Hour Days on Compressed Work Schedules

The Local commented that management will be taking away the 9.5 hour schedules, giving no reasons.  Is this happening in other regions?

In most locals, it is at the discretion of the manager to grant the 9.5 hour days. In some sections where members are on the phone and because of their workload, it is not be granted.

In Human Resources Branch, all management finishes working at 4 p.m. so people are not allowed to work past 4 p.m. for security, health and safety reasons.

O’Brien, SLRO:  The interpretation of the collective agreement is very weak with respect to the wording on this issue. It is at the discretion of the employer to grant a compressed work schedule.  Grievances will not be successful unless there is proof of discrimination or lack of duty to accommodate.  Even the PSAC will not take these cases to adjudication.

TORONTO EAST – 00001

23. Request for the revocation of the Conservatives new security protocol

The Local asked if we would revisit the credit check put in place by the Conservatives?

The Edmonton Local stated that the only institutions who can conduct these checks are the RCMP and CSIS.

President:  Some work was done on that issue by Brother O’Brien and Sister Melanson.

O’Brien, SLRO: They are not done physically by CRA.  They generate the request, but the RCMP does the check and sends the results back to the Agency.

KINGSTON – 00011

24. AU2 Acting as an MG3 SPS

The Local has a situation where an AU2 is acting in an MG3 SPS position and is paying dues to the Professional Institute of the Public Service of Canada (PIPSC) because his salary is protected. The issue was addressed with the Assistant Director and the answer was vague and not satisfactory.

Other locals went the microphone with similar situations.

O’Brien, SLRO:  There were a couple of cases referred to us in the late fall.  The issue was raised with the employer and they will not do anything about this situation.  He suggested that this issue be put in writing with as much detail as possible and sent to him.  He will have the PSAC file a policy grievance in order to claim the dues.

President:   Will address the issue with the Commissioner.

KITCHENER – 00015

25. Term Rehire Protocol

The Local advised that management came out with ways to rank term employees (for retention purposes) on performance reviews, references and technical knowledge.   They wanted the union to endorse this process and the local said no.

A local indicated that management has tried last year to implement the re-evaluation of the criteria for terms that have already qualified for.  They will watch for this practice again this year.

It appears that it is handled differently from one region to the other on how the ranking is done.  Most are ranked under performance evaluations and reference checks and it depends on the budget on how many people they will re-hire. Some locals have a work simulation test that each term takes and they come up with a score.  The training or re-training of re-hired terms vary on case by case basis.  There is also a call back assessment tool and it is linked to the Y280 because of expectations.  If the employee does not meet the expectations, then he/she can’t be in the process for re-hiring.

VANCOUVER – 20027

26. Vancouver CRA Scam Procedure

The Local commented that it was reported in the news recently that CRA was the subject of a scam that is now known nationally.  British Columbia seems to be hit very badly by this situation.  One of their members was brought to the forefront by Global News.  It appears that someone from Public Relations told a news reporter that CRA never calls taxpayers at home. The National News are reporting that this is the no. 1 scam now from CRA.  The Local is worried that their members will get disciplined if  there are no procedures in place for our officers that they can rely on.  The local is very surprised that nothing was done from CRA Ottawa to protect their employees, our members.

Comments were made by locals that it does happen that people will refuse to talk to an agent on the phone saying that CRA does not call people at home. Another local mentioned that it was communicated on TV by the police department that CRA will not send a letter to taxpayers unless it is sent by registered mail.

One local stated that there was a procedure in place.  All employees have on their identification card a five-digit number that they can give along with a phone number for security where the identification can be confirmed in case that someone is doubting that they are calling as a CRA employee.

President:  Will follow up with the CRA on this issue.

SURREY –  20029

27. Grievance time lines

The Local commented that it’s takes a long time, about 37 days, to get a grievance number in their local.  The Local was waiting for the number as a proof that the grievance was well received.

O’Brien, SLRO:  The grievance number is not that important and should be given by the employer within a few days if not right away.  The collective agreement is very clear.  The employer has ten (10) working days to respond to the date the grievance is presented - by hand - to the immediate supervisor and signed by both parties.   The employer should normally respond within 10 working days and should notify the employee if they need an extension.  If the employee is not notified, then the grievance may be sent to the second level, without waiting for the CRA to assign a grievance number to it.

VANCOUVER –  20027

28. OSH Small Appliances

The Local commented that the situation was getting ridiculous.  The employer will not permit employees to plug in fans, radios, heaters and even telephone chargers that are provided by the employer to perform their work.  Can grievances be filed under accommodation if the employer is asking medical notes for the use of fans?  What is happening in other offices?

President:  This is different from one region to the other.  The reasons that are given vary from security, expenses, health & safety, etc…

Doug Gaetz, Chair of the Health and Safety Committee:  This situation started when a fan caught fire in one of the offices.  It was brought to the attention of the Policy Committee by the employer.  The committee sent a memo to all offices with reasonable comments and instructions.  Shortly after, the Finance and Administration Branch (F&A) became involved and sent a ridiculous memo that caused the situation that we have to deal with today.  Some offices are taking this situation to a very extreme level. A working group has been formed and they are looking at finding solutions and asking the employer to be reasonable on this issue. Yes, grievances can be filed under the accommodation clause.

Locals went to the microphone to express their frustration on this situation. Most locals stated that a medical note is required in order to have a fan. Some managers are requesting a full assessment as a doctor note will not be sufficient.

Point of privilege

Sister Kim Koch reported that the last draw collected the amount of $360.00.

The point was well taken by the President.

CLOSING REMARKS

President Campbell thanked the staff present at the Conference and the ones back at the office, the interpreters and technicians.

He thanked the locals for their great work and asked that they continue supporting the collective bargaining team in this crucial time with our negotiations.  We have to look after our members and we can’t do this without the membership.  We have to show the employer that the membership is behind us. He asked the locals to advise their RVP on their choice of activities for the week of March 21 when the bargaining team is back to the table.   He concluded wishing everyone a good trip home.

The meeting adjourned at 4h00 hours.