THURSDAY, SEPTEMBER 26, 2019
AFTERNOON SESSION
CALL TO ORDER
The conference 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, Daniel Camara, Mathieu Juneau and Tracy Marcotte.
The CPR attendants were introduced as follows:
Atwood, Josh (Halifax)
Bene, Imre (Ottawa TSO)
Brière, Marc (National President)
Bye, Ken (Regional Vice-President - Greater Toronto Region)
Chartrand, Mike (Ottawa HQ)
Crupi, Cosimo (Regional Vice-President - Northern and Eastern Ontario Region)
Ferguson, Patrick (Regina)
Finsten, Tracy (Winnipeg TSO)
Gaetz, Doug (1st Vice-President)
Girard, David (National Office)
Gorzo, Trixie (Calgary CC)
Huard, Loree, Ann (Ottawa Centre)
Juneau, Mathieu (National Office)
Koenders, Linda (Regional Vice-President - National Capital Region)
Lambert, Catherine (Sudbury)
Moro, Allison (Albert Street)
Regala, Ron (Vancouver)
Ryan, Millissa (Ottawa TC)
Thon, Alex (National Office)
Walters, Linda (Ottawa TC)
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.
President Brière welcomed the new Local presidents.
President Brière mentioned that we have two Life Members at the conference and presented Brothers Kent MacDonald and Doug Gaetz.
HOURS OF SESSION
m/s Melanee Jessup / Joanne Coish
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 Melanee Jessup / Jennifer MacPherson
That the agenda be adopted with the following additional items:
- MOTION CARRIED.
- Employers Wellness Committee (Kitchener)
- Communicating with the membership (Windsor)
- Electronic Mailroom (Jonquière TC)
- Remove the first item submitted by the Local (Charlottetown)
- My Contract My Voice t-shirt accessibility to all members (Ottawa TSO)
- Phoenix Compensation Leave (Penticton)
- Morneau Shepell EAP Service provider (Kitchener)
- Results of the Service Council Survey and the next step (Montréal)
- Remove the last item submitted by the Local (Toronto North)
That the amendments are approved as proposed.
- MOTION CARRIED.
That the agenda be adopted as amended.
- MOTION CARRIED.
OPENING REMARKS
President Brière would like to mention that Brother Adam Jackson, the 2nd Vice-President is responsible for a very important portfolio that is collective bargaining. He also indicated that since the CRA Act was amended in 2012, CRA must obtain its mandate from Treasury Board. He indicated that we have worked very hard to restore a good working relationship with the employer.
He mentioned that he is not satisfied with the email sent from the Office of the Assistant Commissioner of HR to all employees regarding the collective agreement with AFS-PIPSC group.
He also spoke about the 2020 Convention to be held in Winnipeg. He informed the delegation that, for the first time, the banquet will be held at a venue outside the hotel. It is being held at the Canadian Museum for Human Rights.
He mentioned that a resolution was passed at the 2017 Convention about providing a guide on Compassion Fatigue for the union representatives. The UTE thought it was not enough to provide only a guide, so they decided to offer a full-day workshop on Compassion Fatigue on Friday.
He also spoke about the World Climate Change Strike that will take place on the Parliament Hill on Friday at noon. PSAC is participating in the movement and encourages the participants to attend. He asked the participants to respect the workshop schedule.
He indicated that it was a tradition at the September Presidents’ Conference before convention that if someone is interested in one of the three national positions (National President, 1st Vice-President or 2nd Vice-President) to notify him. He will therefore announce it before the end of the session.
He also mentioned that there will be an election Saturday afternoon for the Presidents’ Representative for the Honours and Awards Committee.
He mentioned that we conducted a Political Action campaign and it was a first for UTE to use a marketing firm. He thanked the members of the committee for their hard work.
In addition, President Brière would like to add that since the new government, UTE is now at 28,000 members compared to 26,000 members under Steven Harper’s government.
President Brière thanked the delegation for their patient and understanding.
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 SEPTEMBER 2019 that were sent earlier.)
Recess for coffee break
Point of Privilege
Brother Alan Craig, Ottawa TC Local asked the participants to bring their room toiletries that they will not be using during the week. He will distribute them to homeless shelters in Gatineau.
PRESENTATION FROM THE HONOURS AND AWARDS COMMITTEE
Brother Cosimo Crupi, Chair of the Honours and Awards Committee, introduced the committee members. The co-chairs, Brothers Gary Esslinger and Ken Bye, and in the absence, Louise Dorion, Technical Advisor. Brother Crupi presented to Sister Jennifer MacPherson the Award of Merit in the Field of Health and Safety – Elizabeth (Betty) Bannon.
REPORT OF THE BARGAINING COMMITTEE
Brother Adam Jackson, Chair of the Bargaining Committee, indicated that we are at an impasse. He encouraged Locals to continue to fight. He mentioned that he saw pictures supporting the bargaining team by signing a flag, distributing pizza and ice cream. It's that kind of thing that matters. He expects that after the election, there will be movement to return to the bargaining table before the meeting with the Public Interest Commission (PIC) in January 2020. Many questions were asked about why we do not accept the same agreement as the AFS-PIPSC group. This is because the AFS-PIPSC group has already obtained its agreement for 2016 and 2017, but not the UTE. We have made the administrative conversion of term employees a priority so that term employees are converted permanently after three (3) years, as in the rest of the core of the public sector, as opposed to five (5) years for the CRA. In addition, we want more work-life balance and work-life balance for members of the Call Centres. We have made it clear to the employer that we are ready to return to the table. He mentioned that the term "conversion" is not part of the collective agreement. Regardless of the employer's opinion, the Staffing Committee discusses with the employer its ideas on the conversion of term jobs. This seems positive and the employer takes it very seriously.
President Brière simply wanted to mention that the discussion is ongoing with the employer and Brothers O'Brien and Martel. They also discuss seasonal work with the Staffing Committee. After the June Executive Council, an email was sent indicating that union representatives can register for PSAC strike preparation training but asking them not to post the posters on the union boards on CRA premises. He will send an email to all Locals advising them that they can now post the posters on the union boards. This will send a clear message to the employer.
There was a period of questions and answers.
President Brière thanked the bargaining team for all their hard work.
Point of Privilege
Barb Stewart from the Working History Museum thanked the UTE for sponsoring for the new 2020 calendar and the DVD on the RAND formula. The amount of the 50/50 is $320 and the winner is Brother Jamie Batley from the Peterborough Local.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS
OTTAWA CENTRE – LOCAL 70004
1. Time for Presidents to do union business
The Local wants to know how much time the Local president has for union business. Do we have a formula and what is reasonable?
President Brière indicated that there is no formula. He informed the Local president that she must negotiate with the Local director. The employer must give some time to present a grievance or meet with them. He also indicated that she should have a shorter workload and if not, she should be a full-time representative. If this does not work, he advises the Local to talk to the Regional Vice-President (RVP) and the RVP will talk to the Assistant Commissioner of the region.
Some Locals went to the microphones to voice their concerns and frustration on the subject.
With the approval of the National President, Dany Gélinas of the Shawinigan Local replaces Patrick Bertrand as delegate.
SAINT JOHN – LOCAL 60005
1. Agency emails being shared with Locals
The Local indicated that she is not satisfied with an email received from the National President from the employer. They already receive emails on the employer's system. Perhaps we should reconsider the possibility of forwarding the employer's email.
President Brière acknowledged the Local's concern but stated that many Local Presidents are not necessarily always in their offices to carry out CRA duties. This is why the emails are forwarded to the locals. This will allow locals to immediately read their UTE emails through their tablets, phones or computers. In this way, Local Presidents will never be caught off guard by a member who has questions related to the email.
One Local mentioned that if the National Office shares the employer's emails, it would be appreciated if the National President could share his comments regarding the email.
2. Action to be done in the Locals when the Public Interest Commission (PIC) starts
The Local suggested that the day before the Public Interest Commission (PIC) takes office, we hand in our building passes and that on the day the PIC begins, we return to security and collect our passes.
President Brière indicated that this could be a union action. You must have a strike mandate to take union action. It cannot come from the union if 28,000 members decide to do something on their own. If something is coordinated, it must come from the NSCC.
3. National Officer Coverage
The Local was concerned that the National President was not taking his vacation. The bargaining team will advocate on behalf of the members so that they can continue to take vacations. The UTE By-Laws allow the National President to take vacations. We have the 1st Vice President and 2nd Vice President to replace him.
The National President indicated that the Sister had her opinion. It is the responsibility of the National President to be replaced by the 1st Vice-President if he is not in office and if the 1st Vice-President is not present, the 2nd Vice-President may replace the National President. It was an exemption this time. Normally, the 1st Vice-President replaces the National President. Effective immediately, when the 1st Vice-President replaces the National President for three (3) consecutive days, the 1st Vice-President will receive acting pay. He understands her point of view.
MONTRÉAL – LOCAL 10008
1. Union Dues: When will a salary adjustment be made?
The Local indicates that the union dues on its list are based on the first step of the 2012 salary for each level. When will there be a salary adjustment?
The National President indicated that it is the PSAC and four Locals that are affected because their union dues are in percentage terms. He brought the issue to the attention of the NBoD. When the PSAC caught up in 2018, they did not want to take unnecessary risks and complicate the situation with Phoenix. They decided to do it in two steps. He will be meeting with the NBoD in October and expects Brother Aylward to provide the information. If this is confirmed in the coming months, they will implement it with the employers. As soon as we know, we will inform you.
2. Union dues, membership report we receive each month for the payment of union dues
The Local was going to withdraw this item, but felt it was important to thank the National Office because the information is back on the membership lists. For several months, we have not received any explanation when the member does not pay union dues, or when he is not transferred to another Local or a transfer of a member. There were always notes, for example 1 timeout, transfer to or from 10008 or another component. This information is very useful to the Local.
ST. JOHN’S – LOCAL 90001
1. Missing members, missing money and delegate entitlements
The Local has indicated that in the last year she was missing dues for 1245 members. She indicated that it’s been a problem since Phoenix came in and hundreds of members have not been included in their membership book reports. We are not getting the exact monthly dues, which will affect the entitlements of their delegates to the convention.
The National President just wants to make sure he is following her. The Local receives reports from the employer and there is discrepancy between what the employer gives the Local and their list. He asked the Local if they were numbers or a list of names.
The Local has indicated that they are reviewing the numbers but will verify the list of names.
The National President indicated that there is nothing to do with just numbers. The issue of non-assigned members has always been there. Non-assigned members to a local do not pay their full dues. They only pay the PSAC and National UTE portion. They cannot pay the Local's portion until we have transferred the member to the appropriate Local. He advises the Local that this is an exception. It is due to Phoenix. It is because of the government system that the situation has escalated. We are talking about the period from March 2016 until October 2018, when we had a larger number of unassigned members. He indicated that we have asked the Locals to get the information to where the members are located and provide the information to the national staff. The information was input into the system through the national staff and PSAC. He does not understand why the members are not being entered into the Local. He had asked Brother Camara to check with the CRA on this matter to obtain a list of non-assigned members with the work location. He also mentioned that he had a meeting with the PSAC and that the PSAC has informed him that it will not be possible to go back and try to identify all these members so that they can come back and recover the money they owe to the PSAC. He advised the Local that we need to provide the PSAC with concrete information on all the members they have missed, the PSAC will take legal action against the federal government. He suggested that Locals provide the National Office with a list of members with a list of the months in which members were not on their list and how much the Locals have lost.
Locals went to the microphones to voice their concerns and frustration on the subject.
The meeting recessed at 5:00 p.m.
FRIDAY, SEPTEMBER 27, 2019
Participants attended a full-day workshop on Compassion Fatigue.
SATURDAY, SEPTEMBER 28, 2019,
MORNING SESSION
The conference reconvened at 9h00 with National President Brière in the Chair.
Point of Privilege
Brother Dany Gélinas of Local 10005 mentioned that the Local has opened a union office. The Local has brought a flag and asks each participant to sign the flag with the name and the Local number and the location. Then the flag can be displayed in the boardroom.
Political Action Committee 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.
A PowerPoint presentation was given by Brother Jamie vanSydenborgh.
There was a period of questions and answers.
ITEMS SUBMITTED BY LOCAL PRESIDENTS (cont’d)
ST. JOHN’S – LOCAL 90001
1. Missing members, missing money and delegate entitlements (cont’d)
One Local wants to have the Local listing (Excel format) and the unallotted Local list electronically.
President Brière has indicated that he will bring the matter to the attention of the PSAC. The National Office will notify the Locals if this is possible or not.
Locals went to the microphones to voice their concerns and frustration on the subject.
One Local has indicated that they do receive a list of new CRA employees.
President Brière mentioned that he will talk to the employer to see if anything can be done.
The Local would like to thank everyone for their input. She would also like to thank Natasha Larose of the National Office for the excellent work she does with the membership.
President Brière thanked the National Office Administrative Assistants for their hard work with the membership.
Recess for coffee break
Point of privilege
Sister Heather Kenny from the Surrey TC Local would like to present a black ribbon button for a day of mourning as we have not had a contract for three years. The Local offers to take the orders from the Locals. The button is .29 ¢ each. The more we buy, the more it will go down to .21 ¢. Also, there is dark chocolate in black foil at .81 $ per piece. The Locals will receive their orders by October 31st.
President Brière is not making any promises, but he has indicated that since this is part of the negotiation, he will talk to the NSCC and ask them if they will pay for the buttons. He thanked the Local for this good initiative.
BY-LAWS COMMITTEE UPDATE
Brother Bye, Chairperson of the By-Laws Committee introduced his committee. Brother Jérôme Martel, Co-chair, Sister Darlene Bembridge, the Presidents’ Representative and Brother Kent MacDonald, Technical Advisor. He reported that the committee had begun to review the By-Laws and Regulations prior to the convention. Some resolutions were submitted to the Executive Council for approval. He reminded everyone that regulations can be amended at the Executive Council and that the By-Laws can only be amended at the Convention. Resolutions relating to the amendment of the By-Laws must be submitted at the latest at the March Presidents’ Conference. If you have any difficulty in formulating the resolution, Locals may contact Brother Kent MacDonald.
President Brière wishes to confirm the closing date for the submission of resolutions for the Convention. That is at the end of the business on Saturday at the March Presidents’ Conference.
There was a period of questions and answers.
Brother O’Brien, Senior Labour Relations Officer (SLRO), indicated that one of the first standing agendas of the Convention is to chair. They will request a mover and a seconder to ratify the regulations that have been dealt with by Executive Council for the past three years.
ITEMS SUBMITTED BY LOCAL PRESIDENTS (cont’d)
OTTAWA TC – LOCAL 70030
1. Solidarity! With non-unionized workers in our workplaces.
The Local wants to share this story. In the NCR and in our Local, in our workplaces, security activities are supplemented by numerous guards employed by the commissionaires and by the Commissionaires Ottawa. Our guards are currently non-unionized employees of the Commissionaires Corporation who receive the barest minimum in wages (literally minimum wage 14$ an hour, while the corporation itself is paid approximately 30$ an hour by the CRA) and are provided the most limited protections. Over the past year, many guards employed by this company have been organizing, they’ve been pushing to unionize. Inside and outside our workplaces, these workers have been met with resistance and scrutiny by their employee, but their fight unionize has continued. The hard work by these workers to unionize is starting to pay off. On August 30th) the workers had a special meeting to vote to unionize with UFCW Canada Local 333. In the NCR and in our Local, many non-CRA workers are with us every single day. Cleaners, cooks, cafeteria staff, some of these workers have been successful at organizing themselves and getting unionized and fighting for their rights and their own collective agreements, and some are still fighting for better wages, better benefits, and for stronger protections in their jobs within our workplaces. On August 30th, these employees became members of UFCW Canada Local 333.
President Brière turned the Chair over to Brother Gaetz, 1st National Vice-President.
The Local indicated that in the NCR, at our Information Technology Branch (ITB) RUMC, the AC of ITB and her DAC and DGs have approached us about joint-facilitating sessions on discrimination and harassment in the workplace. We have an opportunity to jointly present this material that was developed in the Prairie Region (shout-out to Gary Esslinger and all those UTE reps who’ve touched and contributed to the Prairie pilot project) and to ask for and get time around the sessions to speak about the union approach to discrimination and harassment and workplace violence complaints and issues. The AC of ITB really likes the pilot sessions and while she is encouraging her counterparts in other branches and divisions of the agency to adopt a similar strong approach to dealing with discrimination and harassment, she feels that the union is uniquely positioned to continue its push for improvements in the workplace.
Brother Doug Gaetz agreed that this is a pilot project in the Prairies and that it has been brought before the National Health and Safety Committee.
Brother Shane O’Brien, SLRO, indicated that he has been attending meetings in recent years on a new model for discrimination and harassment at the Agency.When the Labour Code, Regulation 20, came into force, presentations were given on how we distanced ourselves from the Agency procedure and policy on discrimination and harassment and how we favoured complaints of workplace violence under Regulation 20. We contacted the Agency and explained to them why we were distancing ourselves from them.The union had no real role, except as a former observer.This was management’s responsibility and there was no real standard for determining whether they investigate a complaint. The UTE's position is that we still do not support this current version. He does not know to what extent the pilot project was developed jointly by the union and the employer. Now with Bill C-65, this will have a major impact on this issue. The Agency has just created the center of expertise on discrimination and harassment. Once Bill C-65 is passed, in his opinion, they will no longer have a role. They are trying to create a new role for themselves and they are trying to get us back on board. We told the Agency that we did not agree with the training package. We gave them our presentation again. We told them what we wanted to see there. The agency wants to make it work. The best advice he can give is not to engage into the joint training until the union gives the approval of the final product.
Brother Gary Esslinger, Regional Vice-President, Prairie Region, indicated that he did review it and one of the concerns they had was on Regulation 20.We were able to ask the employer to add some speaking notes and information on Regulation 20.Although, by talking with some facilitators from our side, the amount of time we had spent on talking has been longer or shorter and needs more consistencies in this part of the presentation.Participants had the option of filing a complaint under Regulation 20 rather than using the employer’s internal process.The regional AC from the region is very supportive of this project and sees its value.We suggested forming small groups to allow the people to ask questions.If we continue, we should ask for more specific information on Regulation 20 to be included, depending on what happens with the legislation.
Brother Gaetz asked Brother Esslinger to provide a report to Brothers Mathieu Juneau, Shane O’Brien and himself on how it went and what are his concerns.We then can look at the report and maybe it can be addressed with the employer at the national level. Based on the comments that were given and any other comments that he can provide on the training material.
Resolutions provided by the employer in response to workplace violence complaints, to numerous members in the workplace, and accepted by those members, have led to some deep and widespread changes in the way that the employer gets guidance and insight from employees and creates real action plans for change based on what the members are asking for. Complaints of workplace violence dealing with gossip and intimidation, bullying, discriminatory harassment, and sexual harassment, by multiple and separate members of Local 70030, and the strength and perseverance of those members have had a huge positive impact! The resolutions applied to all employees and involved multiple brainstorming and feedback sessions with more than 300 members. We’ve also now created a joint (union-management) recognition and membership appreciation event for the end of October (the week before our National UTE Equal Opportunities (EO) Conference) to celebrate not only the employee/member leaders in the workplace but all 300 of the UTE general membership employees who’ve pushed and fought and advocated for change. The NCR RVP Linda Koenders and the UTE 1st National VP and chair of our Health and Safety Committee Doug Gaetz (pending Doug’s availability) will be attending this membership appreciation event in the workplace at 875 Heron Road.
Brother Gaetz advises the Local that he will not be available but might send Mathieu Juneau, the Technical Advisor of the Health and Safety Committee.
President Brière resumed the Chair.
At our recent NCR Retreat, I delivered a session for Locals and NCR UTE reps on communications. My agenda item will be a brief summary of what we explored, learned and some of the cool action items we created for collaborative work in the region on Local and regional communications. I’ll be letting the chair know that I’d love to hear from other presidents at the conference about any interesting and recent communications approaches and collaborations they’ve had.
President Brière indicated that there is some flexibility at the Local level. Locals can issue a press release that deals about regional issues or take topics from the National Office that have been issued, such as bargaining, staffing, this is not a problem. The only problem is that he doesn’t want Locals to talk about things that are incorrect or that go against the National Office. President Brière stated that he has no problem if the Locals want to talk about strategic communication. If the Local is confident that they can do so. In case of doubt, they should check with their RVP. President Brière indicated that if Locals want to make strategies between Locals, Locals do not have the authority to do so. You need the authorization and coordination of the RVP.
The Local mentioned that they went to their RVP. They follow the protocol very carefully.
President Brière would like to remind everyone that they cannot use the UTE name without the approval of the National President. If Locals have private groups on Facebook, the National Office must have access to see what is written. Sometimes things are written, and they’re not good. When people post things, they must be accurate and respectful. People must be careful because it is the image of the UTE. If you have any doubts, you can ask to be sure.
Brother Shane O’Brien, SLRO, indicated that the best guidance he can give to the Locals is to review the collective agreement. Everything is written on what you can put on the union bulletin boards. The employer wants to see part of the union’s publication. If you want to post something on the bulletin board and you are not sure, send it to the National Office and we will review it.
Other Locals provided their ideas how to post things on the union’s bulletin board.
Shane O’Brien, SLRO, stated that if the employer asks the Locals to remove the material from the bulletin board, he suggests removing the documents and then take the appropriate recourse by filing an unfair labour practice complaint.
Recess for lunch
AFTERNOON SESSION
The conference was called to order at 1:15 p.m. with President Brière in the Chair.
Point of privilege
Brother Richard Weintrager from the Ottawa TC Local indicated that his Local passed a motion to donate $100 to MitoCanada. If anyone wants to know more about this charity, they can talk to Sister Alison Moro.
Point of privilege is very well taken by President Brière.
Election of Presidents’ Representative to the UTE Honours and Awards Committee
Nominee: Melanee Jessup
m/s Tracy Marcotte / Céline Germain
Nominee: Mike Chartrand
m/s Richard Weintrager / Trixie Gorzo
Melanee Jessup was elected as Presidents’ Representative to the UTE Honours and Awards Committee.
Notice of Motion
m/s Alexandre Dumont / Jamie Batley
That the ballots be destroyed.
- MOTION CARRIED
Point of Privileges
Sister Melanee Jessup thank everyone, as well as her mover and seconder. She also thanks Brother Alan Craig for his help with translation.
Brother Mike Chartrand thanked Brother Weintrager and Sister Gorzo, for proposing and seconding in his favour.He also congratulated Sister Melanee Jessup.
ITEMS PRESENTED BY THE LOCAL PRESIDENTS (cont’d)
TORONTO EAST – LOCAL 00001
1. Staffing Re-Design – Burying info that pool may be used for other jobs than original competition
The Local noted that this was a regional issue. Maybe we can get it changed nationally. One of the problems is that they use a poster for one level; for example, on the poster, this would indicate a position for a SP-05, but lower, it would indicate similar positions at a lower SP level. On another page, it says that it can be used 90 days later for other SP-05 positions. # The Local is asking the National President if he can talk to the Assistant Commissioner of HR, to have the template modified.
Brother Shane O’Brien, SLRO, indicated that what they are doing with the template is a regional issue. The concept of making a poster for multiple positions is something they discussed with Brother Martel and himself on the Staffing Re-Design that the union did not support. He advised the Local to tell its members to apply on each poster. He also mentioned that the Local should talk to their Local management or Regional HR to get it changed.
One Local asked that since the position has requirements, how can they apply for all positions?
Brother O’Brien, SLRO, encourages all members to apply. It is up to the employer to decide whether you are qualified. Let the employer screen you out. If members do not apply, they will never have the opportunity to be appointed to the position.
2. Staffing Re-Design – Using Talent Plans to give only certain members opportunities. Can’t confirm Level 5
The Local indicated that they recently received a report entitled Workplace Health Assessment. Since things are going so badly in Toronto East, the Assistant Commissioner has received many complaints. When complaints are addressed directly to the Assistant Commissioner of Ontario, they are usually harassment, sexual harassment and discrimination. We have no way of knowing who is getting level 5 because of privacy protection. The LocaI is asking if there is a way to obtain anonymous information at certain levels.
Brother O’Brien, SLRO, informed the Local that there will no longer have level 5. They are eliminating competencies; they will only make things easier. He advised the Local not to waste time because the employer will not give the information. Competencies are the only thing that everyone agreed on. We are getting rid of the competencies. Instead of having a level 5, they will have something like management discretion, but it is not certain and there is no recourse.
3. More Info Dumping, Less Consultation
The Local wants to know if this is happening in other regions or only in the Greater Toronto area?
Locals went to the microphones to voice their concerns and frustration on the subject.
Brother O’Brien, SLRO, indicated that the Agency does this all the time. They find something that members will not like. The worst message the employer can say is that the union has been informed. What we should say is that yes, we have been consulted, but do not agree and here are the reasons. He suggested to the Local that when management does that, the Local should tell them right away. They are part of the union/management approach. It’s a national policy, they are obliged to do so. They obtain a performance agreement, including management human resources and union relations.
President Brière mentioned that if the employer does not give enough time to prepare for a Local/Management meeting, he suggests that the Local go to the director and tell him/her that we do not have enough time, that we will not attend and reschedule the meeting. He also mentioned that the Local can complain to the RVP about the director because they don’t comply with UMA. The Commissioner has made a commitment to respect the philosophy of the UMA and President Brière expects that the ACs will do the same and that their action will also have an impact on the various CRA offices. Even for an informal meeting, they cannot ask you 5 minutes before to attend a meeting.
Brother O’Brien, SLRO, recommended that meetings should not be held without preparation. The employer will hold you to it. If you say the wrong thing and you agree in what they say and then realize that you didn’t catch what they said, the employer will say that the union has agreed.
Brother Jérôme Martel, RVP and Chair of the Staffing Committee, mentioned that UMA starts with respect and treating them as equals. Respect starts by asking if you are available on a particular date for the meeting and ask to give their availability. You must agree on a date. The employer should not impose meetings on you. If it doesn’t work, take it to the RVP to be taken to the Assistant Commissioner.
The Local indicated that it was a UMC meeting, it was not an UMA meeting. He really likes the idea of rescheduling the meetings.
President Brière would like to point out that UMA is an approach. It is a way of doing things between the union and the employer. The relationship with the employer is always reflected with UMA.
4. 06Aug19 email from AC of PAB encouraging reading but no time code or range of time included. Issue in Audit in particular
The Local read an email from the AC. He indicated that the email does not say anything about time codes and that is a lot of time that we have to devote, in particular in audit. He also indicated that they received another email in September about a survey and that it will take no more than 10 minutes to complete and use time code 57 for this survey. The employer is willing to do it for some things, but not for things that can lead to the dismissal of members. Is there anything we can do to help members protect themselves?
Brother O’Brien, SLRO, indicates that they have time codes to read documents. It is an obligation. He suggested that the member write an email to the team leader with the attached memo saying, “I hereby request authorized time to review any document.” If they say no, I would send an email again with the following statement that “I want my email and your answer to be included in my personal file.” If the member is disciplined, we can sit down and tell them that we were not aware of it. We asked for time to read it, but the employer refused. He recommends that this be done and, if the employer says no, file a grievance.
One Local has indicated that there is a time code for reading. It may not be indicated in the email, but the time code is 041. If the employer denies it, the member should file a grievance.
The Local’s concern is that the time code is not in the email. If it is important, can we push it through, so the time codes are in the emails. We do not have to go back to the director, and we don’t have to grieve it.
5. Any update on PSAC moving forward with a legal challenge on unwarranted Credit Checks used for Security Clearances?
The Local would like the status of the PSAC’s legal challenge to unwarranted credit checks used for security clearances.
President Brière indicated that he has no update on this from the PSAC. He will return to Brother Aylward to touch base with him.
Brother O’Brien, SLRO, indicated that he did not have the answer. He will send an email to find out and will let them know.
6. Unfair bargaining practices. What can be or is being done? Re: Multiple misleading or divide/conquer Phoenix compensation emails.
The Local indicated that this issue had been raised for several reasons, one of which related to an email sent the Friday before the National Public Service week from the Assistant Commissioner. This was the settlement reached with the group AFS-the AFS-PIPSC group for Phoenix. On the Monday following the UMC meeting, the members of this committee agreed that the email was misleading. Members had no way of knowing that the union at the national level, the PSAC or the UTE was upset about this situation or that it was a conquest or a divisional tactic and that it was trying to turn members against the union until the PSAC responded in a release 40 days later. They indicated that 40 days is too long for a response. Can the PSAC or the UTE publish news releases on their websites or newsletters sent to the members within a few days of the emails being sent out?
President Brière has indicated that he does not have all the communications that were made. He is surprised that it took 40 days for PSAC to respond. He also mentioned that he has posted some videos on the AFS-AFS-PIPSC agreement. He mentioned that he and Brother Jackson have been working with the PSAC on bargaining. He indicated that this had provoked a volcanic reaction on his part and on that of the Executive Council. When the memo was issued, he called the Deputy Commissioner and accused the Assistant Commissioner of HR because it was signed by him. He was told that the memo came from Treasury Board. The essence of the message was the same everywhere and CRA added a paragraph. It seems that Treasury Board was asking for more but CRA reduced it. It does make sense that it was driven by Treasury Board. He thinks that the AC from HR did not create that message.
Brother O’Brien, SLRO, indicated what the employer has done is not an unfair bargaining practice. They're treading a very fine line, but it's within the rules. He agreed with the Local that the PSAC needs to respond more quickly. We must be cautious, and we need to analyze it before responding. He indicated that the PSAC needs to develop strategies; we know that these things can happen. This should be part of our planning during the planning stages. Sometimes we are reactive, then anticipatory.
President Brière indicated that if we stick to the subject, the Local mentions unfair bargaining practices. He indicated that he had an exchange of emails with Brother O’Brien and Brother Jackson on this subject and Executive Council. When the employer sends emails to the employees nationally, it is with their system. They cannot send emails by union affiliation. He also mentioned that the Commissioner is aware of the irritation he is feeling. He can assure the delegation that measures have been taken.
The Local appreciates everything that is done at the National level. The problem is that members don’t know what is going behind the scenes and, as a result, they attack the union representatives every time they see something like this. We should have a template that is not misleading. We can use the facts. He indicated that we are in three years from negotiating the collective agreement and that they are tearing us apart piece by piece. We are now to 4 months away from a Public Interest Commission. If we want our members to stand behind us and stand beside us during a strike, we need to prevent this from happening now rather than later.
Recess for coffee break
KITCHENER – LOCAL 00015
1. Employer’s Wellness Committee
The Local indicated that she is aware that the employer has a wellness committee. She knows that some offices have a well-developed committee and others do not. The Local wants clarification on this committee and its location.
Sister Kimberley Koch, RVP of the Pacific Region and Chair of the EAP Committee indicate that the EAP Committee meetings are well underway. It’s in the earlier stages.
Brother Doug Gaetz indicated that he and Sister Koch have been appointed temporarily to this committee. The committee offers ideas on how to support the Locals in their care and well-being. It’s only an advisory committee, they don’t make any decisions. It is an issue of employee self-care.
Points of Privileges
Sister Christina Lamothe would like to point out that Monday, September 30th is Orange Shirt Day for Residential Schools survivors.
Barb Stewart from the Working History Museum made the draw for the 50/50 and the amount is $700. The winner is David Girard from the National Office.
Brother Doug Gaetz presented Sister Darlene Bembridge, Saint John Local, with a 25-year service pin.
WINDSOR – LOCAL 00018
1. Communicating with the membership
The Local is having an issue with one building that has been closed for several months. She indicated that the employees will be returning next week, but that the employer has put in place a business development plan. This precipitated us to start with routine teleworking. People work at home; they have dedicated telephone lines. If they wish, employees will work from home full-time. The employer told the Local that more than 100 employees have registered, and that the majority are members of the UTE. Based on that, the Local believes that union should be one step ahead. She also mentioned that it all started with her office, that it will be deployed regionally, throughout Southern Ontario region, then across Ontario and then nationally. The Local has indicated that she is very concerned about this because she knows that direct contact with the members is very receptive. The Local wants to know if the National Office can implement a guide or guide sheet that can be sent to Locals before this is released nationally to guide us on how best to communicate with the members due to routine telework.
President Brière has indicated that he will review the matter but cannot give a simple answer to the Local right away. However, he will not commit to developing a guide on this issue. For proposals, the Local may contact the RVP. The cheapest way to communicate with members is by email.
The Local is not asking for a significant investment from the National Office. The Local understands that they have their Local email distribution list. Her concern for Political Action is the face to face, the plantgating, one-on-one discussions with members.
President Brière asked if the pilot project was for her office only.
The Local has indicated that most offices are teleworking. A special team that needs dedicated telephone lines works in the office because they deal with the United States. Some team leaders and excluded managers must be in the office. They have a unit with an 800-number working from home. The Local reported that more than 100 employees have registered and has been approved.
Brother O’Brien, SLRO, mentioned that he is aware of what is happening in Southwestern Ontario. He indicated that the agency is currently undertaking a review of the telework policy. The entire core of the public service including the agency is studying the possibility of teleworking. Treasury Board no longer wants to rent buildings. He thinks as an organization, we will have to consider a strategy for communicating with members. The way we communicated in the pass will change quickly for us.
Locals went to the microphones to voice their concerns on the subject.
Brother O’Brien, SLRO, indicated that the current telework policy requires the employer to ensure that health and safety requirements are met. If the employer does not inspect your home, it is in violation of the Canada Labour Code. He indicated that they are considering teleworking at the agency level.
Brother Gaetz, 1st Vice-President and Chair of the Health and Safety Committee, indicated that Brother Juneau will contact the National OSH office regarding the inspection and if it is being done and who is doing it. Once we have information, we will share it with the RVPs and the Locals.
President Brière thanked the Local for raising the issue. He indicated that this will be a big problem. If people work remotely, it will be difficult for the Union to reach members in person. We will have to find ways this issue.
JONQUIÈRE – LOCAL 10004
1. Digital Mailroom
The Local indicates that this is a project that we first received from the Technological Change Committee in May 2018 and the only communication we received from the employer was in June 2018. It should be based on certain types of tax returns, such as T3 or T4. The information he was able to obtain indicates that some of the work is being contracted out and there is an impact on their members who are going to do the mail work. The Local would like to know if we have more information on this subject.
Brother Brian Oldford, RVP of the Atlantic Region and Chair of the Technological Change Committee, mentioned that the last meeting was the one where the work was contracted out and the committee is opposing to this. The employer says that since it is technology, work and cost, they feel that it is better for them to have an outside organization do the work. He also mentioned that the project will take three to four years and that not all CRA departments or divisions are part of this digital mailroom. He also mentioned that the committee has a meeting with the employer on November 21st and that we will have more information to give to the Locals. The last information the committee had been published in the June newsletter.
President Brière mentioned that we were aware of this. The employer says there will be no job loss, that they will place employees and that others will retire. They want to give the workload to a private company. If some jobs go elsewhere, let's hope they stay in the public sector. Whether it is given in the Matane area or the Public Services and Procurement Canada (PSPC), the employer says it is too early to have an impact on employees and they will do everything they can to limit the impact on our members.
The Local mentioned that the information he got was that it was the Iron Mountain company. The company already has the warehouses and technology and is already handling our tax returns.
President Brière mentioned that PSPC already has an office in Matane and is already doing digital work for the government. As far as we are concerned, there is nothing we can do, and we will do everything we can to limit the damage to our members. With the PSAC, we are trying to give jobs in the public sector to employees who work at PSPC and PSAC members.
Brother Jérôme Martel, RVP for the Region of Quebec and Chair of the Staffing Committee mentioned that they have often asked the employer to be proactive and that they should give this to the public sector. His impression he had of the employer was that PSPC did not have the capacity to handle as many incoming documents. He mentioned that the employer implied that they had two private companies that would provide the service. He does not have the name of the companies, but the Technological Change Committee or the National Office could obtain the names.
President Brière mentioned that our goal is to help UTE members keep their jobs. But if we're going to lose the workload, at least keep it in the public sector. The main concern of President Brière and the Technological Change Committee is to have the information and for the employer to tell us the truth so that we can see the impact coming on our members and have solutions to avoid job losses in the future.
President Brière turned the Chair over to Brother Gaetz, 1st National Vice-President.
OTTAWA TSO – LOCAL 70010
1. My contract my voice t-shirt accessibility to all members
The item was withdrawn by the submitting Local with approval of the floor.
PENTICTON – LOCAL 20026
1. Phoenix Compensation Leaves
The Local has indicated that one of the SP2 clerks received the Phoenix compensation leave and their ESS. The Local hopes that the team leaders know that they cannot use it because the leave will have to be recovered.
Brother Gaetz indicated that if it is put on the CAS system, do not use it because it will be recovered, and you will lose this leave.
KITCHENER – LOCAL 00015
1. Morneau Chapel EAP Service provider
The Local indicates that their EAP committee has had a lot of discussion about the Morneau Chapel EAP service provider. She mentioned that the there are many problems at the Local level, and they do not respect their contract. She wants to know if other Locals are having problems.
Sister Koch, RVP of the Pacific Region and Chair of the EAP Committee, indicated that the issues were raised in March and they are working on them.
Brother Gaetz, 1st Vice-President, indicated that it used to be a Joint Committee and now it is an Advisory Committee.
Locals went to the microphones to voice their concerns on the subject.
MONTRÉAL – LOCAL 10008
1. Results of the Service Council Survey and the next step
The Local would like to know the results of the Service Council Survey and what happens from that point forward?
President Brière mentioned that the employees would have seen an email from the employer that talked about the Agency's new vision. This email is giving some information about the survey at the doors and the public hearings they had. If Locals have not received this email, President Brière will send it to them.
The Local asked if in this email it was mentioned that this was useful. She mentioned that we tend to undertake a lot of consultations, a lot of projects and then abandon them.
President Brière mentioned that the employer is currently reviewing all approaches to delivering services. The employer will work to improve the work of Call Centre employees and help them have better access to more detailed information for taxpayers. There are many improvements they want to make internally within the Agency. President Brière has confirmation that the employer recognizes that there is a problem in providing services to taxpayers.
President Brière resumed the Chair.
CLOSING REMARKS
President Brière mentioned that Brother Adam Jackson will run for the position of 2nd Vice-President, Brother Doug Gaetz for the position of 1st Vice-President and he will run as National President. He also informed the delegation that he would ask again in March if anyone decided to run for one of the three national positions and that he would announce it at the end of the Presidents’ Conference in March. He apologized again to the participants that participated in the French workshop. He informed the delegation that the mother tongue of this facilitator was not French, while the other 5 workshops in English were excellent. He hopes that every participant appreciated it and asks to fill out the evaluation forms. He thanked the participants, the staff for all the work they do, the Executive Council, the interpreters and technicians of the ELC. He also mentioned that the two most important priorities now are negotiation and political action. We must be politically active, talk to members of Parliament, tell them that we do not have a contract. We can do things nationally, but we cannot wait. We are all leaders. Please go vote and defend our issues.
The meeting adjourned at 5:00 p.m.