THURSDAY, MARCH 28, 2019,
AFTERNOON SESSION
CALL TO ORDER
The meeting was called to order at 1:15 p.m. Marc Brière, President of the Union of Taxation Employees, presided the meeting and welcomed everyone. The session opened with the song Solidarity Forever in both French and English.
President Brière asked the delegation to respect a moment of silence for members who have passed away since the last conference.
President Brière went over the Harassment Policy and introduced the Complaint Administrators: Doug Gaetz, Shane O’Brien, Mathieu Juneau and Andrea Holmes.
The CPR attendants were introduced as follows:
Marc Brière - National President
Ken Bye - Regional Vice-President – Greater Toronto Region
Mike Chartrand – Ottawa H.Q.
Cosimo Crupi – Regional Vice-President – N.E. Ontario Region
Monique Déry – Shawinigan
Patrick Ferguson – Regina
Trixie Gorzo – Calgary CC
Linda Koenders – Regional Vice-President – National Capital Regional
Justin Leinhos – Monteregie South Shore
Sarah Osbourne – St. John’s
Barb Pawlovich - London
Alex Thon – National Office
The members of the Executive Council were introduced. He also introduced the members of the staff from the National Office. He then asked the Local presidents to introduce themselves.
New Local Presidents
Nielene Chand (Fraser Valley TSO)
Andria Cullen (Toronto Centre)
Terry Lloyd (Connaught Bldg.)
Allison Moro (Albert Street)
Suzanne Mathieu (Laval)
Solène Boudrias (Chicoutimi)
André Michaud (Québec)
President Brière mentioned that we have one Life Member at the conference and presented Brother Kent MacDonald.
He also presented a guest, our former 2nd National Vice-President, Madonna Gardiner.
HOURS OF SESSION
m/s Martine Fillion / Jennifer Keys
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 Hicham Youssfi / Selby Hewitt
That the agenda be adopted with the following additional items:
- EAP Service Provider (Sudbury)
- Workload Allocation Method (WAM), Changes, Acting Pay in Audit (Charlottetown)
- Tools validation – Clearance Certificate (Rouyn-Noranda)
- PSAC asking Locals to update electronic membership listings, including designations of either male or female gender (Ottawa TC)
- Removal of service standards (St. John’s TSO)
- Civility in the workplace (Albert St.)
- Ministerial complaints from taxpayers, causing HR investigations against our members (Ottawa TSO)
- Staffing without process (Charlottetown)
m/s Hicham Youssfi / Jacquelyn Whyman
That the amendments are approved as proposed.
- MOTION CARRIED.
That the agenda be adopted as amended.
- MOTION CARRIED.
OPENING REMARKS
President Brière welcomed everyone to our new hotel for the next 3 years. Unfortunately, since the last conference the negotiations have not progressed as we had hoped. Brother Jackson will later make a brief presentation on bargaining. He also thanked the Locals and the Executive members for trying to collect as many signatures as possible. Despite the fact that it was winter, we obtained 7,586 signatures that we gave to the Commissioners of the Canada Revenue Agency. After the signatures were given, we received more signatures. He informed the Locals that if they still have signatures, they can still send them to the National Office to the attention of Sister Sylvie Bastien by mail. If the Locals wish to send them electronically, they can do so by sending an email to Sister Bastien, to the National President, Marc Brière and their RVPs. Brother Camara will arrange a meeting with the Deputy Commissioner to bring more signatures. President Brière also mentioned that he had taken the suggestion of Sister Kim Koch, Regional Vice-President of the Pacific region. She suggested sending pictures of all solidarity demonstration to our bargaining team. We will then present the pictures to the Commissioner and the Deputy Commissioner. President Brière made a comment about the petition that we can improve. We have had problems and he is not there to condemn people or blame others. If we can make improvements in some place, if there are problems, he suggests that the Locals talk to their RVPs and we will try to work and support them. We are all in this together, it is important, it is for the members. We must solve problems to improve things.
He said that apart from bargaining, there are other things going on. One of the things UTE is doing is follow-ups with the government officials on the proposal to replace Phoenix with the CAS (Corporate Administrative System) system. He asked for the support and assistance from Brother Chris Aylward, PSAC National President. Without going into detail, this question is still under consideration even though the government official answer is no. The last federal budget referred to potential future pilot projects in various departments and agencies. It should be noted that SAP (System Analysis and Program Development) Canada is still in the ranks with 2 other companies to win the next generation contract(s). SAP Canada is the company that manufactured the CAS system.
He also mentioned that the PSAC and the other bargaining agents are negotiating very intensively with Treasury Board. They are trying to get compensation for all the federal public service workers paid by Phoenix before the next elections. The National Board of Directors (NBoD) has decided that if we receive a final offer for PSAC members, the decision will be made by the twenty-four (24) members of the NBoD. He indicated that they hold special meetings, that they do follow-ups and that this is done very intensively and that they hope to be able to do so before the elections.
With regard to the return of Counter Services in CRA, accompanied by Brothers MacDonald and Camara, we presented our case to the Commissioner and the CRA Deputy Commissioner. He would like to take this opportunity to thank Brother MacDonald for his excellent presentation. In the coming weeks, we plan to meet with the Minister of National Revenue to present our presentation and continue the discussion on this subject.
The last thing he wants to mention is that the PSAC organizes many rallies and demonstrations in different parts of the country. He encourages members to attend and support the rallies/demonstrations in their area. He also mentioned that we will be more aggressive. We need the respect of the employer and the government. This is an election year and we must go to our MPs to get the respect we deserve, us and our members. He indicated that it is time to put pressure on the employer and rely on the delegation and that he will be there to support the Locals.
EXECUTIVE COUNCIL BUSINESS
President Brière made a brief report 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 2019 that were sent earlier.)
PRESENTATION FROM THE HONOURS AND AWARDS COMMITTEE
Brother Cosimo Crupi, Chair of the Honours and Awards Committee, introduced the committee members. Brothers Gary Esslinger and Ken Bye, Co-chairperson, Gesine Campbell, the Presidents’ Representative and Louise Dorion, Technical Advisor. A 25-year service pin was presented to Brother Jamie vanSydenborgh and a Life Membership Award was presented to Sister Madonna Gardiner.
Recess for coffee break
REPORT OF THE UTE NATIONAL BARGAINING COMMITTEE
Brother Adam Jackson, Chair of the Collective Bargaining Team, introduced the Co-chair, Brother Jamie vanSydenborgh, Michelle Neill, the TSO’s Rep, Shane O’Brien, Technical Advisor and the bargaining team members, Brian Oldford, Eddy Aristil, Greg Krokosh, Cosimo Crupi and Gary Esslinger. He indicated that there had been meetings, and that there had no gains at all. The team met for four days and was disenfranchised and disappointed with what the employer did not actually offer. An impasse has therefore been declared. The Labour Relations Board was consulted on the matter and decided that we were not necessarily at an impasse. They decided that we would meet with a mediator and the employer. A settlement with a mediator is very minimal. We do not have a wage offer from the employer. Even with other demands, we have tried to have a common understanding, but this is not the case. Let us hope that by hiring a professional, it will help them in this process. Brother Jackson thanked everyone for the work they had done in their Locals. He also indicated that the employer needs to see the membership and not just the bargaining team, Local executives and activists.
President Brière mentioned that the bargaining team is working non-stop to represent the members. The employer’s bargaining team did not make a reasonable offer. We didn’t expect it to be so bad. The matter was brought to the attention of the Commissioner and the Deputy Commissioner when they delivered the petition.
Brother Shane O’Brien, Technical Advisor to the Bargaining Team, wishes to inform the members that the Call Centres have not been forgotten. Call Centres issues are important issues for the bargaining team.
There was a period of questions and answers.
Point of privilege
Barb Stewart from the Workers' History Museum wants to thank UTE for sponsoring the Workers History Museum 2019 calendar. She also wants to welcome Richard Weintrager who was elected one of the institutional board members on the Workers History Museum. She also mentioned that the museum was named Heritage Organization for Ottawa by the City of Ottawa 2019. The amount for the 50/50 draw is $207. The winner is Sister Gesine Campbell.
REPORT OF THE EQUAL OPPORTUNITIES (EO) COMMITTEE
Sister Linda Koenders, Chair of the Equal Opportunities (EO) Committee, introduced the committee members, Brother Greg Krokosh, Co-Chair and Sister Andrea Holmes, Technical Advisor. Sister Koenders also provided the names of the representatives from each of the five groups and the presidents’ representative of the EO Committee. She spoke about the Regional EO Conferences and the National EO Conference. The national conference will be held at the Delta Hotel in Ottawa from October 24 to 27. The theme of the national conference is “Making an Impact.” The committee will ask participants if they can bring a new pair of socks or mittens to donate to a local organization for people in need. It is not necessary to be a union representative to attend an EO conference; it may be a member in good standing. The chair asked Locals and RVPs to promote this conference. She indicated that the call letter will be sent in late summer to early fall with all the necessary information. In addition, she would like to remind the Locals to respect the deadline. All registrations must be approved by the Local presidents before the deadline. Locals may send as many participants as they wish. Two participants per Locals will be funded by the National Office.
There was a period of questions and answers.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS
ST. JOHN’S TC – LOCAL 90000
1. Medical certificate other than Occupational Fitness Assessment Form (OFAF)
The Local wants to know if other offices know if the employer has employees pay for a medical certificate other than OFAF.
Locals went to the microphones to voice their concerns and frustration on the subject.
Sister Jennifer MacPherson served notice to amend the agenda.
2. Job “Reclassifications”
The Locals indicated that there have been recent changes in their office regarding non-registered GST jobs. The Local contacted the RVP and the RVP checked at a higher level, but it appears that no one was informed. The employer says it is a reclassification. According to the RVP, this should not have been automatic. It should have been subject to a (Workforce Adjustment) WFA and should apply for these jobs. Who determines whether it is a reclassification, if not, what is it? And when does it become a WFA? In addition, are we informed at the National Office when we are told that this is the case?
Brother Kent MacDonald, Labour Relations Officer (LRO) and Technical Advisor to the WFA Committee, indicated that from what the Local has said, from his perspective, he acknowledges that the issue is not that simple. For example, a reclassification for a SP4-0441, i.e. a classification and a position number. If the employer reviews the job and changes jobs and becomes an SP5 and the number is 0441, it is a reclassification. Reclassification can be done in two ways. The employer reviews the job and does it on its own initiative or the employee can file a grievance and do it on its own initiative. When this issue was raised, it was not a reclassification. But at that time, it was also the result of a grievance. Two things were happening at the same time in that section. The employer was reviewing it because of service renewal, but a member in Surrey had already filed a grievance because he was not on the right job description. The employer has agreed to write a new job description for this grievance. The member who filed a grievance says that the work, he or she is doing does not reflect the job description. If the member is successful in having new job description written by the employer, it is not a WFA. For SP4s whose jobs no longer exist in the organization because the employer has created and written a new job, employees will have to apply for the new position because they have never disagreed that their jobs are wrong or have never filed a grievance on classification. The employer has now looked at the organization and decided to change some work, move some things around and classify the job. If the employer is fair and approaches us at the beginning of the process, and does something like that and says that they have two members who have no problem moving from job A to job B, do we really want to give them an affected letter and go through that? Sometimes they will say no, everyone agrees to move from job A to job B. If the employer calls us first, we are more than willing to work with them. That’s the process. If the job number remains the same, it is a reclassification; if the job number changes, it is not a reclassification.
The meeting recessed at 5:00 pm.
FRIDAY, MARCH 29, 2019,
MORNING SESSION
The meeting reconvened at 9:00 a.m. with National President Brière in the Chair.
Motion to amend
m/s Jennifer MacPherson / Richard Weintriger
Sister MacPherson move the agenda to be amended by the addition under additional item “Ergonomic assessment and documents sent to the doctor from the employer.”
- Motion carried
ITEMS PRESENTED BY THE LOCAL PRESIDENTS (cont’d)
ST. JOHN’S TC – LOCAL 90000 (cont’d)
3. Communications from PSAC Regional Office before briefing from UTE
The Local indicated that they received an email from the PSAC Regional Office (RO) regarding mobilization. The RO wanted to know their plan. The Local sent an email to her RVP and the RVP verified with Brother Adam Jackson to see what they have planned. The Local has made it clear that we should not get any information from the PSAC before the UTE. The Local wants to know if we can improve our communications.
President Brière said they are doing their best to work in partnership with the PSAC. Brother Chris Aylward emphasized the importance of improving communication and working together during his mandate. The problems come mainly from the regional offices. They are not consistent!
4. Petition for bargaining and other actions
The Local would like to acknowledge that these measures are important but does not agree with this written petition. What do we think of the last action of the petition?
Following the previous discussion on the petition, President Brière appreciated the concerns of the Local and the difficulties they had encountered with the petition. The National Strategy/Strike Coordinating Committee (NSCC) makes the decision on bargaining, but UTE has made some decisions. The discussion they had with Brother Aylward and the committee was that we wanted to make a petition or email campaign by sending emails to the Commissioner and the Minister. It was brought to the Executive Council and the preferred solution at that time was the petition. The PSAC has offered to bring the regional offices to help out for rallies and try to get the petition signed at the same time. He understands that it wasn’t always easy, and we try to take a shot at it. He does not agree on what the Local has mentioned about the fact that there are no important or pressing issues in this round of bargaining. People in call centres have some problems. The terms are very excited to have a three-year conversion instead of five years. Members are tired of not having any wage increases in the last two years and of being two years behind in the implementation of their collective agreement.
Locals went to the microphones to voice their concerns and frustration on the subject.
President Brière said they would review the electronic petition in the future, but they did not know if he would do another one. He also indicated that if Locals have suggestions to support the bargaining team, they can send them directly to Brother Jackson.
The Local would like to emphasize once again that the issues are very important. The Local has indicated that all call centers, the terms, the wages are important. Their PSAC regional office has pointed out that we have not yet gone on strike for wages. If we strike for wages, the public will not support members. The Local mentions that people are fighting for themselves and not for Call Centers, not for terms, only for themselves, and that’s the reality. In the last round of bargaining, severance pay, and sick leave bound everyone. It’s something everyone wanted to fight for.
A Local has requested that we use our old collective agreement to obtain a new collective agreement. The Local indicates that the collective agreement contains an article that says we can review our human resources (HR) file once a year. If each member asks to review their file, it is at least one hour per member plus a union representative to accompany them, this is another hour. Since this is the employer’s time, the employee does not use his or her time. The Local has also indicated that there is another article that says we have a right to know our position in the organization chart. When we’re done with HR, let’s put our position on the organization chart. We are only exercising our rights.
President Brière acknowledged that these are good proposals. We will resume negotiations next week and we will have a meeting of the NSCC by the end of the week. They will certainly consider the proposals.
MONCTON – LOCAL 60008
1. Trust exam workload and possibility of reclassification
The Local indicated that the Trust Exam Officer had approached him a few times and explained that the job description had not changed, but that the ability to function, knowledge and time required to do the job as changed in the last 10 years. The employee requests a thorough review. The work is becoming more and more demanding and complicated. The Local would like to know how many Locals across the country are facing the same problem. If it affects the whole country, it is up to the National Office to do something through staffing or other mechanisms. The Local is asking the Locals to return to their Trust Exam Officer, ask them if the workload has changed dramatically, if it is becoming overwhelming, if it is compatible with specific Employer Compliance Audit (ECA) jobs and send an email to the RVP.
President Brière advised Locals to return to their offices and check with the Trust Exam Officer. Then return to the RVP so that the RVPs can forward the information to the National Office.
Brother Shane O’Brien, Senior Labour Relations Officer (SLRO), mentioned that before getting complicated and going too far, the previous speaker provided us with a lot of information. Getting a reclassification is very complicated. Brother O’Brien indicated that if a new task has been added in the past year and is not reflected in the job description, write a memo to the supervisor indicating that you have reviewed your job description. This task you asked me to do is not included in my job description. Ask them to give you a job description including the new duty. If so, this is the trigger for filing a classification grievance. If not, file a grievance on the job description. When the job description is resolved, you can then file a classification grievance. Bulletins were sent out with step-by-step procedure for filing a classification grievance. In addition, your RVPs can also assist you in the process.
A Local indicated that Trust Examiners are, to some extent, payroll and GST examiners and that they are SP5. If they are considering being reclassified to a SP6 level, the SP6 level is the highest level of income tax audit they have at the Agency. How is this possible, if you want payroll employees who do very limited types of audit works, how will it reflect the SP5 and SP6 auditors who deal with much more complex files? How will they perceive people who do very limited scoop audits, who get more salary increases if the SP5 and SP6 field auditors do not get a better reclassification?
Brother O’Brien, SLRO, indicated that this is something the Agency is aware of. When classifying jobs, they take relativity into account.
A Local went to the microphone to voice their concerns and frustration on the subject.
Brother O’Brien, SLRO, again indicated that if duties are added to the job, the memo should be forwarded to the supervisor as soon as possible. He informs the Locals that they have 25 working days to file a classification grievance from the date the grievance arose or as soon as the member becomes aware of it. He suggested that the process be followed in Module 2 of the Grievance Course, as well as on the UTE website. There is a bulletin with the step-by-step process for filing a classification grievance. He also indicated that members are unhappy and do not want to do anything because they are afraid to rock the boat. They will perform all tasks outside their job descriptions because it is in their best interest; it is good for their career. The agency does not want to reclassify people; they do not want to increase salaries.
2. Overtime / Mismanagement of Funds
The Local wants to know how many offices are working overtime. In their office, overtime starts in October and ends in March. They don't force people; they don't reject them. The problem is that overtime occurs year after year. Why is the employer using money to pay for overtime instead of hiring more permanent staff?
President Brière indicated that the employer is entitled to overtime. The easiest answer he can give is that he thinks overtime is cheaper than hiring. Overtime is not mandatory; they do not force people.
3. Accountability of Senior Management
The Local stated that UMI started in the Atlantic and they believed in it. It is a philosophy like any other, but when it is not applied, it is worthless. It no longer works. It only works when management wants it to work to its advantage. When you review UMA over the years, we only give verbal or unofficial warnings. Managers violate the collective agreement on a daily basis. By filing several grievances on the same manager, on the same aspect of the violation of the collective agreement, they will have someone to talk to them. Then they will come back and do the right thing. The Local mentions that no one exposes them nationally or regionally and that they continue to harm vulnerable people, term employees, and no one knows that. The Local has indicated that they are tired of fighting this problem.
Locals went to the microphones to voice their concerns and frustration on the subject.
Brother Aristil, Chair of the UMA Committee was disturbed by the previous speaker’s comments. The purpose of UMA is not a passport against dishonesty and incompetence. We cannot accept a person who is dishonest just to avoid having a grievance. The grievance options are still there. Although we believe in UMA, we do not remove the possibility of filing grievances if necessary because we cannot allow dishonesty. This remains a challenge, people’s understanding of UMA varies from person to person. The problem is not only in their offices, but also at headquarters. It is important to continue and say that we still have the opportunity to file grievances and that we do so, even if UMA exists.
President Brière mentioned that UMA is more important than filing a grievance. It resolves problems much faster than grievances. He indicated that, from time to time, employees must file a grievance.
Other Locals came to the microphone to voice their concerns.
President Brière reminded Locals that they should bring their issues with their RVP. RVPs will then contact their Assistant Commissioner before taking the matter to the national level. He also mentioned that the Commissioner had made a commitment to UMA at NUMCC. The Assistant Commissioner is also aware of this, so we’re trying to trigger it. We will follow up with the committee and, if necessary, with the RVPs in the regions. President Brière asked the RVPs to follow up with the Assistant Commissioners, if necessary, in their region.
Recess for coffee
President Brière mentioned that Sister Melanee Jessup from the Kitchener Local had to leave and is replaced by Sister Cari Borduas.
Presentation on Staffing Redesign.
The presentation was given by Brother Shane O’Brien.
There was a period of questions and answers.
The meeting recessed at 11:45 a.m.
AFTERNOON SESSION
The meeting was called to order at 1:15 p.m. with President Brière in the Chair.
Point of privilege
Brother Marc Latulippe indicated that recommendation number 48 is missing from the French staffing presentation document.
President Brière indicated that the correction will be made.
Health and Safety Committee Update – Procedures in Response to Workplace Violence
Brother Gaetz, Chair of the Health and Safety Committee introduced Brother Brian Oldford, Co-chair, Mathieu Juneau, Technical Advisor. He also mentioned that Sister Annick Lamoureux was the Presidents’ Representative for the committee. Sister Lamoureux had to resign from the position because she is now working for the PSAC. He took the time to thanked Sister Lamoureux for her excellent work on the Health & Safety Committee.
The presentation was given by Brother Mathieu Juneau.
There was a period of questions and answers.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS (cont’d)
VICTORIA – LOCAL 20028
1. Collection of unearned Union Dues by the PSAC
The Local submitted this item because a member was promoted and became a member of PIPSC in June of last year. The member paid dues to both unions. At three occasions, the member had to contact compensation to stop PSAC dues. After further investigation, they discovered that it was something in the PSAC change file that the member had unpaid dues or arrears that prompted Phoenix to add this member back on the PSAC list as a contributing member. He was informed that there was a 12-month waiting period before the member was reimbursed. When a member overpaid, there are 3 steps. First step, you need to contact compensation department to stop the dues and request a review of the dues. In the second step, compensation would contact PSAC to request that the dues be refuted and refunded, and the third step would be for PSAC to make the refund. Before Phoenix, this whole process took three to four months. After Phoenix, it will take 12 months. The Local asked what the PSAC has done to address the issue. In March 2017, they added three additional administrative supports to try to keep the pace. At the moment, they are working on the dates of April 2018. The Local is very unsatisfied with the timeline. Based on the facts and what it has been done, the Local would like to make it clear that PSAC are working at its hardest. They also work with compensation people who are overworked and underfunded and trying to get this done.
President Brière asked the Local if this was the money that was collected by PSAC and should be refunded to the member or the money that was paid to the PSAC and should have been paid to PIPSC and that PSAC owes to the other union.
The Local indicated that the member was paying double dues. The member had arrears with PIPSC, but he handled them himself. Approximately $260 is owed to the member personally.
A few Locals went to the microphones to voice their concerns and frustration on the subject.
President Brière informed the Locals that he would follow up with PSAC. He knows that the PSAC is overworked and doing everything in its power. The issue was raised at the NBoD meeting. President Brière even asked Brother Aylward if they needed help from the components.
SHAWINIGAN – LOCAL 10005
1. Closure of offices due to bad weather conditions
The Local would like to know why the government does not have guidelines on closing offices in the event of bad weather. Especially when Transport Canada advises the citizens not to take the road, to stay home and all schools are closed. Why the directors of federal offices do not take into account Transport Canada's recommendations, and it seems to me that it is up to them to determine the conditions of roads. Transport Canada is responsible for transportation sector policies and programs. We promote a safe and secure, efficient and environmentally responsible transportation system. The Local has indicated that she is aware that in some provinces, they do not take any risks and is closing the offices. Sometimes they make the decision the day before even when they predict that the road conditions will be dangerous. For the safety of all Canadians, we should close federal offices. The UTE should be the first to request a guideline for the protection of our members. The Local is convinced that if we focus on the safety of our members, it will be a win-win situation. Do other offices often close due to bad weather conditions?
Brother Gaetz indicated when the topic was received in the national office, he asked Brother Mathieu Juneau, Labour Relations Officer and Technical Advisor for the Health and Safety Committee to contact headquarters of the OSH office. The OSH office came back with: “To provide background on building closures, in 2014-2015, the number of office closures and delayed openings at the Agency hit an unprecedented high due to severe storm-related incidents. As a result, the Emergency Management and Security Operations (EMSO) Division was asked by the National Health and Safety Policy Committee (NHSPC) to develop a guidance document for responsible building authorities (RBAs) outlining some important factors which should be considered before making a decision to close their office. Consultations included regional security and emergency organizations, labour relations, legal services, health and safety committees, other government departments, and employee representatives.” The document we received is “CRA Office Closure Guidance - Severe Weather.” It’s a guidance, not a policy. We do not have a CRA policy on severe weather for closure of offices. The decision depends on where you work, if you are in the field, it is the AC that gives discretion to the directors. The CRA Office Closure Guidance – Severe Weather will be sent by email to all Locals. Brother Gaetz mentioned that when he was RVP, they had a case in the Atlantic that lasted five years. The case was Les Smith. The grievor was successful because he tried to get to work. He turned around, went home and contacted management. They denied him the time, so he filed a grievance and we were successful in court. He advised the Locals that if they have problems of this type and the employer does not close the office and there is severe weather, they should talk to the directors and find out why they are not closing the office. If it gets to a point that it’s dangerous and they do not close the office, file a grievance. Brother Gaetz suggested that the member complete a T4009. It is sometimes safer to keep the employees at work, especially if a storm will stop after a few hours. Each case is treated on its own merits. These are suggestions that came out of the Steering Committee to the Responsible Building Authority (RBA). The RBAs have the final say on whether to close the office or not.
Locals went to the microphones to voice their concerns and frustration on the subject.
Brother Mathieu Juneau, LRO, indicated that there should be a follow-up on the T4009 when they are filed. This issue should be discussed with the Health and Safety Committee.
The Local would like this point to be considered. It is very important that the safety of all our Canadian members be a priority.
Recess for coffee
Presentation on CCART and CCAT
Brother Greg Krokosh, Chair of the Call Centers Committee, presented his committee members. Brother Jamie vanSydenborgh, Co-Chair, Brother Justin Von Bornhoft, Presidents’ Representative and Brother David Girard, the Technical Advisor.
The presentation was given by Brother Krokosh.
There was a period of questions and answers.
Point of Privilege
Sister Barb Stewart, Workers History Museum wants to thank everyone for their support. The amount of the 50/50 is $258. Sister Darlene Bembridge from the Saint John Local is the winner.
Employee Assistance Program (EAP) Committee Update
Sister Kim Koch, Chair of the EAP Committee, introduced the members of her committee. Sister Linda Koenders, Co-Chair and Sister Andrea Holmes, Technical Advisor. Sister Koch mentioned that the EAP Committee had fought hard to ensure that members could have access to the EAP telephone numbers not only on the internal system but also on the CRA external website. On February 25, they were successful and the telephone numbers are now posted on the CRA’s website with a list of contacts. The external EAP number is 1-833-327-7232. Sister Koch suggested that the delegation look for the number, try it and share it. She also indicated that she heard some concerns about EAP service providers. If someone has problems with their EAP service providers, refer them to the EAP Committee. When they changed the service providers, the committee was not consulted or notified.
Ad-Hoc UMA / Conflict Resolution Committee Update
Brother Eddy Aristil, Chair of the Ad-Hoc UMA / Conflict Resolution Committee, would like to thank the co-chair, Brother Doug Gaetz. Brother Aristil mentioned that he was concerned about the issues that were raised this morning. The fact that management uses UMA to mislead in order to arrive at inappropriate actions that are not worth the effort according to the UMA principle. As chair of UMA and the help of the co-chair, he will ensure that they can find a solution to this problem. Brother Aristil has already had discussions with President Brière on what can be improved to identify problems and address situations much quickly. He also indicated that this will also be a discussion with Executive Council. As for the update on UMA, following the last action or the establishment of UMA, he would like to believe that each region should have a regional committee and discuss implementation. How the workshops will be conducted, how fast and which trainers have been identified and how we are about to launch the workshops in due course. Brother Aristil reiterated once again that UMA is a place for discussion and collaboration. It should be a Union-Management discussion on how to proceed, in which you have a say and if you do not agree, they must find another solution. Brother Aristil mentioned that when he was given the opportunity to speak on behalf of the trainers at the management level, he refused some people. We should first collaborate, apply the UMA and work together. He encouraged Locals with unacceptable concerns or situations to discuss them with their RVPs who will refer them. From there, we will try to find solutions.
There was a period of questions and answers.
President Brière mentioned that the National Office will follow up with the committee and senior management in Ottawa to ensure that the message continues to get across and is even better. He also told the RVPs to go and discuss with their ACs in the regions to see what is happening in the regions and their Locals. It will be brought up at the NUMCC and the Commissioner.
President Brière would like to recognize someone who has given so much to our union over the years. He would like to invite Sister Lyson Paquette, who was a Labour Relations Officer at the National Office for about 20 years and is now retiring.
Sister Paquette thanked the delegation for giving her the opportunity to work with them. It was a very enriching experience to work with them.
President Brière thanked her for all she has done for the members. On behalf of UTE, he wishes her a long and healthy retirement.
The meeting recessed at 5:00 pm.
SATURDAY, MARCH 30, 2019,
MORNING SESSION
The meeting reconvened at 9h00 with National President Brière in the Chair.
Point of Privilege
Brother Ken Bye wants to thank everybody for a fun and entertaining evening. He also thanked Brother Gaetz for adding a few extra microphones and screens.
Point of privilege is well taken by President Brière. He thanked Brother Bye for the good work he did.
Political Action Committee (PAC) Update
Brother Jamie vanSydenborgh, Chair of the Political Action Committee, introduced the committee. Cosimo Crupi, Co-Chair, Brother André Michaud, the Presidents’ Representative and Brother Daniel Camara, Technical Advisor.
Brother vanSydenborgh informed the delegation that the year will be very busy as it is an election year. The PAC has been charged with the upcoming election and what we can do. With the support of all Quebec parties, the Quebec National Assembly voted in favour of a single tax return. After discussions with the committee and President Brière, the PAC proposed two (2) themes. The first theme would be “A Single Tax Return in Quebec” and “What would you do in the rest of Canada.” A single tax return means that the duties of tax administrator would be assigned to the provincial government. The PSAC already has a plan. At the last NBoD meeting, they talked about political action, what they are essentially going to do for the country. When the PAC met, the meeting was about the single tax return, but also what we were going to do for the rest of the country. We had a different plan, but it didn’t make sense for two organizations that worked together to work against each other. We will wait to see what the PSAC is doing and it is more than likely we will follow rather than do something new. The effect of the single tax return on the membership is quite significant. There are more than 5,000 CRA employees in Quebec. This includes UTE members, PIPSC AFS members, excluded managers and HR who are at risk of becoming unemployed. Most of our members come from Chicoutimi, Jonquière, Shawinigan and Trois-Rivières. It will also have a significant impact on other regions such as Rimouski, Rouyn-Noranda and Sherbrooke. The PAC submitted a proposal that was presented to the PSAC. The PSAC has agreed to fund half of our plan as part of its political action budget. Our plan covers four (4) areas. One is planning: targeting, costing and action. In our planning, we intend to engage a pulling firm to do some pulling in Quebec to see how big the problem is with the Single Tax Return. We are in favour of a single tax return, but we want the CRA to collect, administer and audit like the rest of the country. We also want to know who Quebecers want to administer their income tax. In this targeting campaign, we intend to target outside the regions of Quebec and outside Montreal and Quebec City. Mainly in the region where the loss of jobs will have a negative impact on local communities. We are exploring the possibility of using prints and radio advertising. Our target date would start in June and end in September. For costing purposes, we look at newsprint, radio ads in these communities. Finally, the estimate is approximately $80,000 and half will be subsidized by the PSAC. We will certainly review what the PSAC is doing in the rest of Canada. At that time, we will have a discussion with President Brière to see how we are going to participate in this campaign. We could ask members to be active. But we will certainly ask the members from the province of Quebec to be active on the single tax return. Brother vanSydenborgh thanked Brother Michaud for his excellent work. Brother Michaud is aware of the issues and is in contact with the members, not only in his Local but also in the Quebec region. We will do everything we can to keep these jobs in Quebec and perhaps we can take over the new members from the province of Quebec.
There was a period of questions and answers.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS (cont’d)
SHAWINIGAN – LOCAL 10005 (cont’d)
2. Pre-retirement Transition Leave ~ Leave Without Pay (LWOP)
The Local provided a brief explanation on Pre-retirement Transition Leave (PRTL). This means that the employee can reduce his or her hours of work and take up to two days per week (or 40%) of leave without pay (LWOP) in the two years before retirement. His or her remuneration is reduced accordingly, but the benefits remain the same. Would it be appropriate to amend the agreement from two years to five years before retirement? The Local believes this change would be very welcome for members who have been employed since January 1, 2013, and who are bound by the new pension rules. Here in Quebec, some collective agreements offer this to employees (provincial government).
President Brière mentioned that the Pension Act was amended by the Conservatives under the Harper’s Government, which is a legislative change. With regard to the transition to retirement, you need to lobby for changes.
Brother Shane O’Brien, SLRO, indicated that the UTE has not dealt with the issue at all. The PSAC is aware of this issue and bargaining demands have been submitted to the PSAC to make amendments to the Pre-retirement Transition Leave. The best way to achieve this is to add a bargaining demand. He also mentioned that he did not see any demands submitted to the Treasury Board. This would require a legislative amendment. It is too late for this round of bargaining, but we can bring it to the next round of bargaining.
Brother Jackson indicated that the demand process is ongoing. Although we are currently negotiating, you can submit demands on behalf of your Local to the National Office for the next round of bargaining. Put it forward and we can do the necessary research. If the bargaining committee selects the demand, it will be included in the next bargaining package.
BARRIE – LOCAL 00052
1. CVWMS (Collections Verification Workload Management System) & INTEGRAS (Integrated Audit Management System)
The Local wants to talk about the two systems that have been put in place by CRA, namely the CVWMS (Collections Verification Workload Management System) and INTEGRAS (Integrated Audit Management System). The Local indicated that the systems are not working. Many members come to the Local every day to complain about this problem. It has been brought up to the chain of commands, but there are still no results. The Local is aware that the CRA will increasingly become a computer-generated way of doing business. Members are concerned about the systems that are too cumbersome to operate, that require constant bypass work to operate, that creates more work, the time needed to do the work, that force many people to do manual or work outside the system to do their work. Systems fail regularly. The Local wants to know if other Locals have the same problems.
Brother Brian Oldford, Chair of the Technical Change Committee, informed the Local that those two items are on the agenda for his May 23rd meeting with the employer. The committee needs as many examples as it needs to present them at its meeting.
Locals went to the microphones to voice their concerns and frustration on the subject.
Recess for coffee break
Presentation on ICA
A presentation on ICA was given by Major Ed Smith.
Point of Privilege
Sister Linda Koenders, Regional Vice-President of the NCR, would like to thank Sister Jennifer Keys for her excellent work in her Local. She was president of Local 70001 in Trainyard which is a very difficult Local because the Commissioner of HR is in that office. She had no experience when she arrived, but she had passion and determination. She took up the challenge, set up the Local and did a lot of recruitment. As she leaves the CRA to move forward with different things, she leaves the Local in very good hands.
President Brière turned the Chair over to Brother Gaetz, 1st National Vice-President.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS (cont’d)
PENTICTON – LOCAL 20026
1. Dues calculator on website
The Local wants to know if it’s possible to have a dues calculator on the website. This would allow members to know what they should pay in dues.
Brother Gaetz informed the Local that we will review the matter to see if it is feasible.
Sister Susan Duncan, Web and Communication Officer, indicated that in our last edition of Union News, there was a section that provided all the information on how to calculate union dues, with the exception for the Local. One of the issues would be to get the formula from each Local. She also mentioned that many members do not know their Local number. Technically, it is feasible, but it would need all the necessary information to make it work.
2. Dues still not coming off
The Local indicated that one of its members, who is a Team Leader, has not paid union dues. In November, the member received a statement informing him that he owed X dollars. His first payment was made in November. He has not paid dues since. He issued a ticket with compensation and the compensation came back and told him to contact the Union. The PSAC told him that it should be compensation that starts union dues. So, compensation started the dues at $40.00. Can we go back and make sure that the contributions are deducted correctly?
Brother Gaetz advises the Locals if they have any problems, to send the information to Brother Camara.
A Local went to the microphone to voice their concerns and frustration on the subject.
3. Innovation committee
Prior to the Local's AGM, the Local president was talking with a young member and the member asks him if he could follow the AGM on live stream. The Local president explains to the member why they did not do so. The Local has indicated that we should start looking into something more recent. The Local asked if we should not focus on distributing pamphlets, but rather on the 21st century. Even as with the presentation on Staffing Redesign, we can go broadcast live so that members at home can sit back and watch the presentations at the Presidents’ Conference.
Sister Duncan, Web and Communication Officer, says we have Facebook and Twitter. We don’t have Instagram, because it’s more a question of image. The committee has already had discussions on the creation of blogs, which focus on certain topics, but there have been translation problems. In addition, they will look at other social media for some of our campaigns, but this has not yet been discussed. She also mentioned that live broadcasting is a combination of several things. Sister Duncan indicated that some of the presentations are posted on the web.
Brother Gaetz also indicated that the presentations are sometimes sent by email.
Brother Shane O’Brien, SLRO, indicated that we send most of the presentations, especially if they have a technical side. If there is technical information, the presentation will be sent by email. Brother O’Brien indicated that after the conference, the National Office decides if the presentations should be sent. Some Locals do not share the information. He encouraged the Locals presidents to share the information with their Local executive.
A Local agrees with the Local. With all the technology equipment and translation we have, we should be able to do it in both official languages.
President Brière resumed the Chair.
President Brière indicated that we will look into it.
SUDBURY – LOCAL 00042
1. Phoenix overpayments
The Local mentioned that every payday she sees members who are constantly crying. What is happening is that members are being set up for overpayment plans. They pay and suddenly compensation comes back and recalculates their account again after three months, six months even a year later. Either they have repaid it or they continue to repay their overpayment. The sister indicated that this puts members into financial hardship to a point that they cannot come to work. Locals do not understand why they are recalculating the accounts. Is there anything we can do to stop it?
President Brière asked if it was CRA or if it was overpayments to Phoenix.
The Local indicated that all this is due to Phoenix. She said that if the majority of members are on leave without pay, their accounts are messed up. It’s so messed up that it takes weeks, even months, to make up for lost time. In addition, if members are on leave without pay due to medical problems, it creates a huge overpayment. It takes a long time for the overpayment to be recovered because of the Phoenix system. Some members do not receive an overpayment. What compensation does is take the full cheque from the members. The Local has members who went five times in a row without pay. The Local wants to know if other Local has the same problems.
President Brière indicated that it is not acceptable to go five times in a row without pay. He stated that UTE has a protocol with the employer to try to resolve the issues. Members must deposit their tickets. If it takes too long to resolve the situation, the member should always go see his or her Local and notify them, and sometimes he or she should also file a grievance. If the issue cannot be resolved by the Local, then it should be referred to its RVP. The RVPs have a direct line with a higher level of compensation, either in Winnipeg or Ottawa.
The president of the Winnipeg CCSC Local mentioned that when it comes to overpayments, the Winnipeg CCSC groups do a lot of things. She talked about employees being on leave without pay. So, when an employee is on leave without pay on his or her timesheet, this is first funds. The Local has indicated that in many situations, this is what happens, employees do not do their timesheets for weeks. So the member ends up owing thousands of dollars. When members take maternity leave, sick leave or leave without pay to care for their families, what happens is that compensation does not get the timesheets on time. The problem is that compensation must be informed in advance. Overpayment is a set of different things. There is leave without pay on timesheets and leave without pay upon the member’s return. The compensation provides overpayment arrangements for someone who has been on leave. The Local is not sure of the member’s problems. The Local will send the overpayment directive to the National office so that it can be sent to all Locals. When someone is off strength and returns, it is first fund because he or she was no longer employed. When someone takes sick leave and returns, compensation would establish an overpayment agreement. Compensation would not take all their money unless it was leave without pay before they left. This is often because web forms arrive late for sick leave accounts.
The meeting recessed at 11:45 a.m.
AFTERNOON SESSION
The meeting was called to order at 1:15 p.m. with President Brière in the Chair.
Election of Presidents’ Representative to UTE Technological Change Committee
m/s Sue Moser / Gesine Campbell
Nominee: Heather Kenny
m/s Jennifer MacPherson / Miranda Papakiriazis
Nominee: Joshua Atwood
Brother Joshua Atwood was elected as Presidents’ Representative to the Technological Change Committee.
Point of privilege
Brother Atwood would like to thank his nominator and seconder to bring his name forward. He looks forward to working with Brother Brian Oldford and the committee.
Election of Presidents’ Representative to UTE Health and Safety Committee
m/s Kevin Welgush / Patti Wright
Nominee: Kirsten Strachey
m/s André Michaud / Ashley Green
Nominee: Tracy Marcotte
Sister Tracy Marcotte was elected as Presidents’ Representative to the Health and Safety Committee.
Point of Privilege
Sister Marcotte would like to thank everyone for their support. She is looking forward to working with the committee.
Notice of Motion
m/s Marc Latulippe / Mike Chartrand
That the ballots be destroyed.
- MOTION CARRIED
ITEMS PRESENTED BY THE LOCAL PRESIDENTS (cont’d)
2. Phoenix overpayments (cont’d)
Locals went to the microphones to voice their concerns and frustration on the subject.
President Brière indicated that they cannot solve the problem of the bilingual bonus. In addition, the files of members who have been transferred from another department cannot be transferred. These are the two main ones that have not yet been fixed. We will follow up on it.
The Local appreciates the stories of other Locals.The Local indicates that she is aware that the member has not completed the timesheet on time; the Local will not grieve it.The impact this has on members should be addressed.
3. Delegation of authority - ML5 being denied to make decisions of LWP/LWOP for other reasons.
The Local has added this issue to the agenda because it is a constant battle. In their office, team leaders do not have the authority to make decisions on leave with or without pay. How many other locals have the same problems? The Local has filled three grievances against the delegation of authority under the Canada Revenue Agency Act and against their senior management.
The majority of the locals have the same issues.
Locals went to the microphones to voice their concerns and frustration on the subject.
One Local indicated that the team leaders are our members. We should show them where that authority is. We need to educate our team leaders to say, “You have the power, it belongs to them, own it.” The Local continues to tell its team leaders that they should take the PSAC training and take the Union Development Program (UDP) course. Education is the key. If the CRA does not want to train team leaders, we should train them. The UTE should train our members.
President Brière mentioned that Brother Gary Esslinger, Chair of the Communication Committee, is sometime looking for interesting articles for the newsletter. It could be one of many. He is expecting team leaders that are union representatives to do exactly what the speaker said. He also mentioned that he does not want them to get in trouble. If the manager tells you something, you cannot go against it. You could be disciplined, which is not what we are looking for. We will talk about it at a higher level. We may advertise it or publish something in the newsletter for the team leaders who are not aware of it or who are not fully aware of their rights.
President Brière invites the Honours and Awards Committee to the podium.
Brother Cosimo Crupi, Chairperson presented Brother Ken Bye, Co-Chair and Sister Gesine Campbell, Presidents’ Representative, Brother Gary Esslinger, Co-Chair and Louise Dorion, Technical Advisor. Brother Crupi presented a 25-year service pin to Sister Lynne Scott Cadieux. Sister Scott Cadieux will not be running for Local president. Brother Doug Gaetz was presented with the Life Membership Award.
Brother Gaetz is deeply honoured and thanks everyone for this award. He also indicated that this is due to the administrative staff, the LROs, the Finance officers, Communications and the IT people. They all play a big role in what we do and without them, we could not do what we do. And that applies to everyone in this room, whether they are a president’s rep or co-chair of a committee that he might have chaired. He would also like to thank those who are not in the room and if he forgets someone, he would like to apologize in advance. First, he would like to thank Betty Bannon, Bob Campbell the past president, Nick Stein, Chris Aylward and Kent MacDonald. He also thanked Sister Linda Cassidy, who was his RVP at that time, and the Atlantic Region for helping to make him a better person. Finally, Brother Shane O’Brien who was very helpful in facilitating the transition to Ottawa. He thanked everyone for what they are doing. He is truly honoured and knows what it is like to be a life member and understand the responsibility that goes with it and thanked them for receiving this award. He also thanked Sister Madonna Gardiner. She was his Alternate RVP at that time and has always had his back.
Recess for coffee break
TORONTO EAST – LOCAL 00001
1. Virtual Management – Structure of UMCs
The Local has indicated that the reason they raised these issues is the modernization of GTA services that has been ongoing for the past year. What we are seeing is the CRA’s virtual management aspect gaining momentum. As everyone knows, there are many national and regional workloads and technological change is huge and will continue to affect us. The Local has had to deal with technological change and virtual management involving 4,500 PIPSC and UTE members. As a result, the union representative on the GTA Service Modernization Committee recently raised the issue of virtual management. In fact, management has asked us to come up with ideas to address these issues. The Local would appreciate any feedback it receives from its Locals, regionally or nationally on any of the next three issues.
The first question concerns the structure of UMCs. The Local has indicated that the Union Management Consultation Committee was previously part of the Local management group. But now, the Local is dealing with virtual management teams from ten regions from coast to coast to coast. Do we have a position or are there other Locals who have opinions on the extent to which a Local is part of a Union Management Consultation Committee? If you have one member, do you become part of a UMC in Regina or if you have 5 members or a team, when are you part of a UMC that is not in the same geographical area as you? This will increasingly be a problem and we want to be consistent as possible.
Brother Shane O’Brien, SLRO, indicated that these issues, the forming of UMCs, performance management, performance expectations & Y280s, have many offices that are virtually managed. Brother O’Brien best advice is that the Local’s response to the Local’s management should be “it’s a big issue, it affects us nationally.” It should be to headquarters for national consultation with the union because we do not want 60 different variants of what is happening. An average member should report to the Local executive in which he or she sits. This is an excellent question and Brother O’Brien thinks that the National Office and perhaps the executive council develop a policy. He also advised Locals to be cautious when discussing local policies on performance management, performance expectations & Y280s, as one of the other things is that we are engaging to a staffing redesign in the near future. We are currently in the process of redesigning performance management. He reminded the Locals again if they have any suggestions or comments to send them directly to their RVPs.
President Brière pointed out that when the employer changes its reporting structure, they do not inform us of the changes. In some regions, when you have a director, three locals, two or three offices, the employer always want to group them together. You should ask to have your UMC with your director for your Local, for each Local. In addition, he stated that he does not mind if there are two, three Locals with the same management team.
The Local mentioned that as of April 1st, there will be more virtual managements. Five teams will report to Toronto North and three to Toronto Centre. The Local implies that Hamilton, Legislative Policy and Regulatory Affairs Branch (LPRAB), Legislative and Policy, has a UMC telephone for anyone who is virtually managed from their office. He has been very successful by dealing with the member’s problem this way. Until National Office provides a response, with the indulgence of the National President, the Local wishes to proceed with that suggestion. This will help us with the members to have a voice when there are only one or three or five teams speaking.
Brother O’Brien, SLRO, suggests they speak with headquarters. Initial discussion he had with the Agency on virtual management, management said it can be done by Skype or conference call. He replied on behalf of the UTE that we never asked for virtual management, but it was imposed on us. The union has not even been consulted; it was just done. Ask the managers who should consult with Locals to sit down with you to discuss these issues. Let us not make it easy for them, let’s get them committed. If they are committed to UMA, they should come and meet the members. Brother O’Brien is strongly against having UMC by phone.
Locals went to the microphones to voice their concerns and frustration on the subject.
President Brière mentioned that we fought to have UMCs. Even when we have grievances at the third level, they want to do it by phone or by Skype. We try to have face-to-face meetings. We cannot make it easy for them and let the employer push us around, not consult us, change their ways, then put ourselves in a corner and expect us to simply do what they want us to do. Take it back to the RVPs and they will send it back to the National Office. We will have a discussion with the Executive Council and we will make a decision.
The Local agrees that telephone town hall, teleconference, videoconference is not ideal. We have virtual management and when we meet with LPRAB, there are ten Locals that ask us what we are doing. This is not inappropriate, and we have that unity and solidarity that gives us strength. But if we talk to them by phone or videoconference, and again it’s not ideal but it’s something. If we can’t do it together, they’ll eliminate us one by one. That is where the members losses and that is where union activist lose.
Point of Privilege
Sister Barb Stewart, Workers History Museum wants to thank everyone for their support. She also mentions that they have online donations. The amount for the 50/50 is $287. The winner is Patti Wright from the Lethbridge Local.
2. Virtual Management – Performance Expectations & Y280s
The Local mentioned that this issue is related to the previous one. The Local indicated that he has been informed that there were local variations in GTA with respect to performance expectations and Y280s. In his Local, performance expectations were not changed until the middle of the performance period. The problem is that there will be a new AD in another office that will be responsible for the five teams whose performance expectations have been modified in the Local’s office. In their office, their teams and the other offices they manage will have different expectations because they did not change them in the middle of the year. What is our position and is there any other offices that have this problem?
Brother Shane O’Brien, SLRO, would like more information from the Local on this issue. Currently, the Agency is moving towards standardizing performance expectations. Managers have the flexibility to choose from other performance expectations. It is not uncommon, for example, for the Local to have a set of performance expectations in Toronto and another in Saint John or Vancouver. It’s very rare that they change midway through the process. He suggests that a grievance be filed by saying, “I grieve that the employer changes my performance expectations.” How can you deal with it as they change it along the way, it goes against their whole plan? Brother O’Brien indicated that he needs to see what performance expectations they have changed, for what reason, and for how long they have given notice to the employee. According to the information provided by the Local, if this is an anomaly, the employer is not complying with its own policy. He also mentioned that the Staffing Committee has been assigned by the National President for performance evaluation matters and will discuss this with the employer.
The Local is asking Brother O'Brien how to deal with some of its members who will be managed virtually by another office that has these expectations for change. How to approach the new virtual management team so that its Local members have the same performance expectations as other members of other Locals?
Brother Shane O’Brien, SLRO, indicated that there may be a different set of performance expectations than other Locals. He suggested that we sit down and see if they are realistic and if the two Locals would deal with the issue. Brother O’Brien would approach the issue by calling and ask why the performance expectations have been changed and that is what we are doing in our office for members who are not virtually managed, why they are not meeting, why they are not being assigned the same expectations. If the manager’s reasons are strong, there is no issue. If they are not, it would give managers a choice to change the expectations that the members are accustomed, or he would recommend the members to file a grievance.
3. Virtual Management – Performance Management
The Local mentioned that this issue is related to performance management and the overall management of its members. The Local gave an example that has occurred in recent months. The workload in GTA is virtually managed in more than three offices, which could be a problem. Some team leaders decided to send emails telling members that for health and safety reasons, they should send an email to their team leader when they leave home to go to their virtual office. Members also received an email from their team leaders, asking employees to send an email each time they took their breaks and lunch, and when they returned after breaks and lunch. In discussions with other members, they realized that it was a problem related to virtual workload management. The Local indicated that virtual management is almost used as a divided conquest approach to be managing members and weakening our solidarity and the union’s ability to help us because members are isolated and feel powerless and do not defend their rights. For example, in the case of performance management, members have more difficulty knowing whether they are being treated fairly or arbitrarily. If the member has no communication with other members or the Local, it reduces the member’s or union’s ability to maintain their rights. The Local wants to know if other Locals or regions have the same problem and if it has been brought to the attention of the National Office.
Brother O’Brien, SLRO, mentioned that he would have been surprised if other Locals had the same problem and that he is surprised that we are only hearing about this problem now. He indicated that when they receive emails like this one, they should talk to their union representative about it. This is not a national problem but a mismanagement problem that must be addressed locally. If it does not stop immediately, raise the issue with the Regional Vice-President Ken Bye. If the RVP cannot resolve the issue, it should be raised at the national level so that it can be dealt with.
President Brière wants to recognize another Life Member, Sister Linda Cassidy.
Locals went to the microphones to voice their concerns and frustration on the subject.
4. Working at Home
The Local mentioned that he received emails from workers who are teleworking or being accommodated. They wanted to know what they were supposed to do when the office was evacuated. The Local wants to know if there is a regional or national opinion on this issue.
Brother Gaetz, 1st National Vice-President and Chair of the Health and Safety Committee, indicated that when members telework or work from home, members should continue to work when there is inclement weather and the office has been closed. He also mentioned that he is not aware of any office closure policy and that the member would be off work. They are still required to work. If the office is closed and someone gets injured at home, they should have a phone number to contact someone. Management should provide the employees with contact information in the event of situations mentioned.
The Local wants to know who they are supposed to contact in case of a threat.
Brother Gaetz, 1st National Vice-President and Chair of the Health and Safety Committee, indicated that there should be contact information and threats should be reported. The report is sent to the OSH office at headquarters and Brother Gaetz is informed of all incidents, whether it is a telephone threat, severe weather or the closure of the office. When he receives them, he shares them with the Health and Safety Committee.
One Local has indicated there is a telephone number behind the security pass.
5. E-petitions
The item was withdrawn by the submitting Local.
President Brière turned over the chair to Brother Gaetz.
PACIFIC REGION CALL CENTRE – LOCAL 20050
1. Accommodations (Medical Certificate)
The Local indicated that since the implementation of the Host Contact Centre Service (HCCS) platform, we have seen an increase in the number of accommodations where people bring a certificate from their doctors indicating that they can no longer do the telephone work. The Local would like to know if other call centers are experiencing this and what is the approach that is being taken by the Locals and their management teams to accommodate these individuals.
A Local went to the microphones to voice their concerns and frustration on the subject.
Brother Shane O’Brien, SLRO, indicated that the employer standard of accommodation is an undue hardship. If a member works in a call centre, there are jobs that are not on the phone. We must be very careful how we push things, because they could end up unemployed. Accommodation is a joint venture and there is jurisprudence that says this between the employer, and the union that represents employees, and employees. Brother O’Brien mentioned that we are seeing more and more jurisprudence that says that accommodations do not happen overnight. Sometimes it will take some time for people to return home sick and use their own sick leave until the matter is resolved. It is different if the employee says that he or she needs accommodation and gives a list of the jobs they can do and their limitations. If the employer delays the process, we can compensate the employee. But if the employee has no idea and the employer is really trying to accommodate the employee, the employee can use his or her sick leave. In some cases, the employee will not have any sick leave to use. If that is legitimate reason, we must do everything we can. The members should be informed of possible consequences.
Locals went to the microphones to voice their concerns and frustration on the subject.
Brother Gaetz indicated that each case must be examined on its own merits. He advised the Locals that if they have cases and difficulties, they should contact their RVP. The RVP will then forward them to the National Office.
SUDBURY – LOCAL 00042
1. Employee Assistance Program (EAP) Service Provider
The Local added this item on the agenda because there are many complaints on the service provider, and they are not meeting its contract obligations. The Local wants to know if other Locals have the same problem. In conjunction with health and safety, EAP may be able to work together.
Brother Gaetz asked Sister Kim Koch, Chair of the EAP Committee, if she was aware of any changes regarding service provider in the regions.
Sister Koch indicated that they had been informed of the changes, but that they had not been consulted.
Brother Gaetz advised the Locals that if they have problems with the service provider, they must complete the survey when you visit. If they have an actual problem, they can contact Sister Kim Koch so that she can contact someone in headquarters about the service provider.
Sister Koch advised the Locals that when they have questions or concerns, they should send them to the committee. She also said that they should send them immediately and not wait for the Presidents’ Conference to be able to act on them as soon as possible.
Locals went to the microphones to voice their concerns and frustration on the subject.
Brother Gaetz, 1st National Vice-President asked Sister Kim Koch, Chair of the EAP Committee, if she still has an EAP service standard and, if so, which one?
Sister Kim Koch, Chair of the EAP Committee, indicated that they have a standard service, but it is not quite clear what it is at the present time. Standard service will be on the agenda when they meet with the employer.
Brother Gaetz turned over the chair to President Brière.
CHARLOTTETOWN – LOCAL 90002
1. Workload Allocation Method (WAM), Changing, Acting Pay
The Local indicated that this was an issue that has been brought to her attention. Anyone who has examiners in the SP workload who do SP5 and SP6 work, some of the assignment methods for completing these files will change as of April 1, 2019. However, they make some of these files retroactive to April 1, 2018. For auditors working on some of the higher-level files, they calculate acting pay. How is it determined, when a SP5 has worked both SP5 and now SP6, if they will determine which files or part of the year will be determined as acting pay? The new workload distribution method resulted in questions and answers. The question is how cases that were resolved after April 1, 2018, are considered in retroactive acting pay. The answer is that a list of cases will be provided by headquarters to each region that will highlight cases that have been realigned under the new WAM model. The list will include the examiner's user number, file number and start and end dates of the file. Is it possible to add up the three consecutive working days or shifts in relation to the previous question to obtain the increase in working time for the different days? The main concern is how acting pay will be calculated since a SP5 never works three consecutive days on a file.
Brother Shane O’Brien, SLRO, indicated that the National Office is aware of the issue. He mentioned that he sent the information on the work distribution model in February. He sent questions and answers indicating that management will participate in local discussions to determine acting pay. Each case is different; each auditor has worked on different numbers of files, different case files and different ranges. Nationally, we cannot determine who gets what. He said to the employer that if they perform most of the duties at a higher-level position this is one of the factors that they need to consider. They need to look at the time code; they need to look at the time of the audit. And also, they need to look at the acting time. He told the employer if local discussions result in equity or the members did not think it was fair, we would be recommending the grievance procedure. Until we get the facts, he advises the Locals to engage discussions, hear what the employer has to say and how they are dealing with it. Solicit their members and obtain their concerns. Get as much information as you can. If the Locals feel that what is happening is not fair, file the grievance to protect the time limits. Coordinate with the RVP because acting pay grievances are likely to go through multiple levels.
One Local went to the microphones to voice their concerns and frustration on the subject.
ROUYN-NORANDA – LOCAL 10009
1. Tools validation – Certificate discharge
The item was withdrawn by the submitting Local.
OTTAWA TC – LOCAL 70030
1. PSAC asking Locals to update electronic membership listings; including designations of either male or female gender
The Local would like to highlight the amount of work to be done for someone who is paid for this work. There is no article in the collective agreement that would give time to do this work and it is impossible for him to take 20 hours of his time to do it in the evening. The Local found it shocking that the PSAC is asking to identify the gender of members. He will not do so and appreciate the opportunity to say these words.
President Brière indicated that the issue was raised by Sister Koenders during the Executive Council. He already committed to go back to the PSAC. The PSAC is asking the Locals to update the information because they have issued new cards to members and thousands of envelopes have been returned with the wrong addresses. For various reasons, the PSAC asked the help of the Locals to update the list of addresses. The PSAC has already been told that it is very difficult for Locals to update the list. After the NBoD, the PSAC sent them a very tight deadline and the components told the PSAC that it was ridiculous that Locals could not meet this deadline. The PSAC knows that Locals and Components are doing their best. We received hundreds of newsletters with incorrect addresses. The administrative supports of the National Office are doing their best to locate those members and update their addresses. As for the questions the PSAC asks about the gender of the members, he does not know the answer, but he will get the information from the PSAC. Once the response is received, it will be forwarded to the RVPs. He advises the Locals to do their best and the National Office will deal with the PSAC.
CLOSING REMARKS
President Brière would like to thank the Local presidents and the representatives. When members take the time to come to the Presidents’ Conference, it is always greatly appreciated. You come to learn, to share with us the concerns for your members, the situations that occur. He is very pleased with the engagement and participation. He also addressed the issue in the petition. He informs them that we have heard them. The Executive Council discussed all the important issues, political action, bargaining and other issues during our meeting. He also indicated that this is a very important year. This is a federal election year. The Political Action Committee has a good plan. We have listened to the comments we received, it is an ongoing plan that we will enhance. He thanked the Political Action Committee for their hard work. He also mentioned that Quebec is an important issue, but that there is also the rest of the country. He liked the fact that the Sister from Newfoundland pointed out that this is not only an issue for Quebec, but also for the UTE. Because there are jobs at stake in other parts of the country. He also wished the bargaining team good luck. He also mentioned that the Locals have put a lot of effort into mobilization activities with the petition, with all the rallies, with the PSAC deploying their own rallies and asking them to continue their good work. If Locals have issues, discuss them with each other and bring them to their RVPs so they can submit them to the National Office. He also mentioned that he had a discussion with the Deputy Commissioner earlier in the week and that they are considering UTE’s proposal on Counter Services and that it will be included in all of their discussions. He thanked ELC, national office staff and the interpreters for their hard work.
Keep up the good work.