Minutes of the National Union-Management Consultation Committee (NUMCC)

National Union-Management Committee (NUMC)
Minutes of the National Union-Management Consultation Committee (NUMCC)
December 18, 2020

MEETING BETWEEN THE CANADA REVENUE AGENCY (CRA) AND
THE UNION OF TAXATION EMPLOYEES (UTE)

OPENING REMARKS

The UTE National President thanked everyone for attending the meeting. He recognized the importance of these discussions and the exchanges of information.

The Commissioner opened by welcoming the participants. Given this meeting is the first virtual one during the pandemic, he said that he hopes everybody will have patience. He spoke about the Strategic Business Resumption portfolio that has transitioned to the Service, Innovation and Integration Branch (SIIB), as part of the recently announced Agency Transformation Office. He provided an update of  the changes within the ranks of senior management. He announced the retirement of his special advisor, Michael Snaauw. He said that François Dicaire, Special Advisor to the Deputy Commissioner, Digital Strategy, retired after 31 years of service within the Public Service. In October 5, 2020, François Boileau, became the third person to be appointed Canada’s Taxpayers’ Ombudsperson. He said that Silvano Tocchi was appointed to the position of Digital Transformation Officer. His role is to lead the digital transformation and development of digital capabilities throughout the Agency. He highlighted the retirement of Louis Beauséjour who left the CRA in July 15, 2020, and welcomed Mark Quinlan as Deputy Commissioner of Regional Operations for the Quebec Region. He mentioned that Hugo Pagé left the CRA in June 2020 and also welcomed Claude Corbin to the position of Deputy Assistant Commissioner and Agency Comptroller of the Finance and Administration Branch. Finally, he welcomed Marc Lemieux, who was appointed to the position of Assistant Commissioner of the Collections and Verification Branch.

The Commissioner spoke of how the pandemic has hit our country saying that the CRA’s main concern is to relieve the burden of Canadians, and to ensure that employees who work from home fulfill their obligations in the best possible conditions. The CRA is guided by the People First principle in supporting Canadians and businesses who are experiencing financial hardship due to the COVID-19 outbreak. He observed an economic fragility of certain Canadians, and how important for the CRA to be sensitive to that. He said how proud he was of the Agency and of all its employees. Regarding the relations with the Union during the pandemic period, he said they were excellent. Referring to the 2020 CRA Charitable Campaign, he pointed out that it was a success, even if it was done differently compared to previous years, and thanked everyone who donated and made a difference in individuals’ lives. The Commissioner also addressed the 2020 Public Service Employees Survey launched on November 30, 2020. He expressed the hope that management will continue to encourage employees to participate in the survey, as this will help the Agency evolve and contribute toward a high-performing world class public service.

The UTE National President recognized that a lot of achievements were accomplished during 2020 within the Agency for the benefit of Canadians and employees, such as delivering the emergency programs, the collective agreement and the term to permanent employees administrative conversion change. He agreed that the collaboration worked very well.

Covid-19 Pandemic Update

The Assistant Commissioner (AC) Collections and Verification Branch (CVB) explained that the pandemic introduced new economic relief measures that have required the Agency to develop and implement new benefit validations for the emergency and recovery benefits programs. He observed growth of fraudulent and suspicious activities related to the emergency benefit programs, in addition to the cyber security incidents.

The combined impact of these measures and the speed in which they have materialized, have required the Agency to leverage existing systems and resources to respond to surging volumes and the urgent need to support Canadians during the COVID-19 pandemic.

The CRA has mobilized to help Canadians in these unprecedented times and will continue to protect the health and safety of its employees in the current environment, while maintaining service to Canadians, and ensuring the integrity of the emergency benefit programs. He recognized the importance of good union-management relations, particularly in these uncertain times, and will continue to foster an open dialogue to support a healthy and productive workplace moving forward.

The UTE first National Vice-President thanked the members of the Occupational Health and Safety (OHS) working group as the collaboration allowed the Agency to accomplish good work in a short period of time. 

Collective Bargaining

The AC, Human Resources Branch (HRB), shared that as of July 25, 2020, the CRA and the Public Service Alliance of Canada-Union of taxation employees (PSAC-UTE) were able to successfully reach a tentative agreement in the interest of employees and Canadians. Due to the restrictions imposed by the COVID-19 pandemic, the parties attended this last round of negotiations virtually. The AC, HRB said that although this led to a few obstacles, namely limited attendance and technological challenges, there was great collaboration between the parties to persevere and finalize negotiations for this agreement. He added that as a separate employer, the CRA must receive the Governor in Council’s (GIC) approval before proceeding with the signing of the collective agreement.

Following the confirmation from the union of membership ratification of the tentative agreement, the CRA’s GIC submission was heard during the October 29, 2020 meeting of the Treasury Board Cabinet Committee and subsequently received approval on October 30, 2020. The collective agreement was officially signed by the parties on November 13, 2020, and the CRA is currently working collaboratively with the Treasury Board Secretariat (TBS) and Public Services and Procurement Canada (PSPC) on the implementation of the collective agreement. Further details on the implementation will be provided shortly.

As the details of this agreement are being finalized, and moving forward, we will continue to foster positive and constructive labour-management relations, as well as work diligently with the union to identify and resolve issues.

The UTE second National Vice-President expressed that it took too long to reach this agreement and hoped it won’t take as long next time.

The Commissioner thanked both parties for the work that has been done to reach an agreement. The UTE National President shared the same feeling.

Implementation of the Collective agreement

The AC, HRB shared that the CRA is currently working collaboratively with PSPC on the implementation of the collective agreement. The provisions of the collective agreement are effective as of the date of signing. Pursuant to Appendix E- Memorandum of Understanding between the parties regarding implementation, the CRA has 180 days to implement the provisions of the new agreement. The CRA is working with PSPC in order to have employees receive their new salary rates of November 1, 2020 applied on a go-forward basis on the pay of December 23, 2020. The CRA is responsible for paying the lump sum of 400$ to all members of the bargaining unit on the date of signing, in accordance with Appendix D of the collective agreement.

The AC, HRB further addressed the CRA employee’s retroactive payments, stating that a new mass retroactive payment process was applied to all collective agreements in the public service, and is included in Appendix E of the PSAC-UTE collective agreement. He said that this new approach for processing retroactivity improves the accuracy and timeliness of the collective agreement implementation, and reduces the need for manual work. He also confirmed that the retroactive payments for 2016 and onwards will be paid within 180 days of the signing of the collective agreement, and are anticipated for spring 2021. More information will be provided as dates are confirmed. In addition, the AC, HRB pointed out that eligible employees are also entitled to receive a non-pensionable amount of $500 in recognition of the extended implementation timeline, to be paid within 180 days. He added that the PSPC will be responsible for this payment and the processing of these amounts will be confirmed at a later date.

Changes will be made to the system within 120 days of signing to support leave improvements.

The UTE Regional Vice‑President, Montréal Region expressed the unions’ concern about the implementation of the Clause 60.01 while the UTE National President shared that he hopes the implementation will go well and he is looking forward to obtain a consensus regarding clause 60.01.

Phoenix Damages

The AC, HRB shared that in July 2020, the CRA signed an agreement to compensate employees for damages incurred by the Phoenix pay system. This compensation agreement applies to PSAC-UTE members who are paid through the Phoenix pay system. This is similar to the agreement that was reached between the TBS and the PSAC. This agreement includes a lump sum payment of up to 2,500$ as well as additional measures to help those who had financial costs and lost investment income, and who faced personal and financial hardships.

The implementation of the Phoenix Damage Agreement is led by TBS-Office of the Chief Human Resources Officer (OCHRO). The AC, HRB commented that TBS is leading this process for the public service to ensure that eligible employees receive what they are entitled to and that there are no duplicate payments, especially when employees have been transferred from another department. He further mentioned that TBS will ensure that employees who have received leave under another agreement have their payment reduced by an amount equivalent to the leave they received. The CRA participates in various HR to Pay working groups with OCHRO where the implementation plan is being discussed. The CRA is currently waiting for details on the timing of the implementation. The CRA will ensure that the Compensation Client Service Centre is equipped to respond to any questions moving forward. He also confirmed that the information will be communicated to employees as it becomes available. He confirmed that regular updates will also be provided to the union.

The UTE National President shared that Phoenix was a horrible situation and he is happy to know that employees are finally being compensated. He also spoke about the retired employees and how complicated it might be for them to get the retroactive payments due to the phoenix  pay system, as they will need to fill in a form.

Strategic Business Resumption Plan

The Assistant Commissioner, Chief Data Officer, and Chief Service Officer Service, Innovation and Integration Branch (SIIB), provided an update on the Strategic Business Resumption (SBR) initiative which was launched in 2020 to plan a systematic and agile approach to resumption, mindful of the safety of employee and client resilience. The AC, SIIB stated that as a result of Mike Snaauw’s retirement, the Strategic Business Resumption file was transitioned to the SIIB in November.  Most of the CRA core programs have been resumed, with some collections activities scheduled to resume in January.  Significant employee resources are currently supporting verification activities for the new emergency measures. Although the activities have resumed, the way we do business has changed to account for the current public health and economic context.  She reassured that the CRA is taking appropriate actions to mitigate the risks associated with the second wave of the pandemic.

The UTE National President asked about what was planned for the resumptions of the collection activities.

The AC, CVB responded stating that the resumption of the collections activities would be based on the People First philosophy. Collection activities will be done differently than in the past.

The UTE National President commented the AC, CVB response by saying that given that a lot of Canadians are in financial difficulties, he was glad to hear that the CRA is very respectful to taxpayers.

Discrimination and Harassment

The AC, HRB provided an update on how the CRA plans to implement changes to the Canada Labour Code due to Bill C-65. He informed that on June 24, 2020, the Labour Program in Employment and Social Development Canada (ESDC) published the new Work Place Harassment and Violence Prevention Regulations and announced that they would come into force on January 1, 2021. He explained that the TBS, in consultation with bargaining agents, confirmed that they would be releasing a new directive. The National OHS Section has reviewed its work plan according to the harassment and violence regulations, as well as the TBS and Labour Program Interpretation, Policies and Guidance documents, and also evaluated the potential impact of these requirements on program areas. He added that the team also participated on the draft Work Place Harassment and Violence Prevention training provided by the Canada School of Public Service and the Canadian Centre for Occupational Health and Safety (CCOHS). The AC, HRB stated that the CRA continues to engage in the context of the National Health and Safety Policy Committee (NHSPC) and will discuss the possibility of using this training as part of the CRA’s program. He shared that the NHSPC Workplace Violence Prevention Working Group met a few times in October and November 2020 to discuss the procedures and the way forward. He mentioned the team is reviewing the harassment and violence regulations in the context of the potential impact of the new requirements on labour relations policies and programs. Adjustments will be made to align policies and processes as necessary, based on the upcoming changes. He promised to keep the NHSPC informed of the progress of this file.

The UTE first National Vice-President commented saying that there is now a better road map than it was in the previous policies and procedures. He thanked the NHSPC Workplace Violence Prevention Working Group of the efforts they put in to date. He added that with the NHSPC, the CRA is way more ahead than most of government departments on this file.

Artificial Intelligence

The AC, SIIB shared that given the strategic importance of Artificial Intelligence (AI), the CRA developed a plan and a governance framework to ensure that AI solutions at the CRA are designed and deployed in a responsible and ethical manner. She stated that AI has the potential to transform the CRA in many different areas and help improve the Agency’s ability to achieve its mandate and better serve Canadians. She mentioned that the CRA is currently exploring AI solutions to enhance client experience, better target activities that detect and deter non-compliance, and optimize programs and corporate services. The CRA’s governance framework includes a Directive on AI and an online self-assessment tool called the Algorithmic Impact and Alignment Assessment (AIAA). The Directive on AI supports responsible and ethical adoption of AI by ensuring that AI solutions are designed and deployed without bias, in a manner that maintains the trust of Canadians. The AIAA tool was created in collaboration with the Information and Technology Branch to meet three main objectives: ensuring business alignment, managing risk, and enabling horizontality. She mentioned that a Director General level committee as well as an AC level committee would provide additional oversight for AI projects deemed high risk or aligned with a key business priority. By taking proactive steps to govern AI, the CRA will be in a better position to align emerging technologies with business priorities and to ensure both ethical implementation of AI and appropriate change management as the Agency integrates modern tools in support of its workforce.

The UTE first National Vice-President thanked the AC, SIIB for the update and said that he will follow up with her if necessary.

Service by Design

The Assistant Commissioner, Chief Data Officer, and Chief Service Officer Service, Innovation and Integration Branch (SIIB), provided an update on what the CRA Chief Service Officer has done since the last NUMCC meeting in December 2019 to move forward on the Agency’s transformation journey to become more people-centric. She talked about the consultations with employees and Canadians and how the CSO had used gathered insights to better defining and improve the Agency’s approach to serving Canadians.

In December 2019, the Serving Canadians Better consultation report was released, reaffirming the CRA’s commitment to place people at the centre of everything.

The CSO recognized the pandemic provided an opportunity to test and embody the People First philosophy across the Agency. To support employees and further develop our culture of service, the empathy awareness campaign was launched last fall to better understand the underlying needs and feelings of each other and our clients, and better integrate empathy in our interactions, internally and externally. Speaking of the campaign more specifically, she said that it encompassed virtual workshops, information presentation to support internal messaging and webpages with relevant information. By responding to the needs of Canadians with an empathetic approach, employees were able to come together to meet the unprecedented needs of Canadians and of each other.

She also mentioned that Service Council meetings have resumed and are designed to better understand employees’ current experience and how it is expected to change with the service transformation, in order to define the employee experience of the future with a focus on empathy. In terms of Client experience approach, she shared that a third design jam session  occurred which explored simplifying the Scientific Research and Experimental Development (SR&ED) claim process and strengthen the relationship between claimants and the Agency.

She also mentioned having resumed the end of life tax journey project to better understand and improve the end-to-end journey of first time executors and tax professionals as they navigate the process of fulfilling a deceased individual’s tax obligations. The goal is to make this process simpler and kinder, to improve the experience of Canadians who are going through a difficult time in their lives.

She spoke about the ethnographic research and analysis—which provides insights into human experiences and behaviours—which is a complement to understand clients and become a more service oriented and empathetic. The ethnographic research report that is coming out shortly is about seniors experiences with retirement finances, taxes and benefits, and working collaboratively with Agency stakeholders to address possible recommendations.

In closing, she mentioned how impressive it was to see employees from across the country come together to meet the unprecedented needs of Canadians and each other over the last several months.

The UTE National President highlighted the ongoing collaboration in the Service Council and shared that while most of the work is now being done virtually, his position remains that the service counters would be a valuable customer service to offer to Canadians and he is looking forward to continue the ongoing discussion on the option to have some sort of face to face service, once the pandemic is over.

Term Employees Administrative Conversion

The AC, HRB explained that during the spring of 2020, the CRA agreed to a three year administrative conversion (term roll-over), where term employees are automatically given a permanent appointment, which aligns with the core public service. The National Operations Directorate, in collaboration with the Employment Program Directorate, worked closely with management to identify all term employees that would be meeting the three years threshold by the fall of 2020. As a result, over 1160 term employees were informed that they would be converted to permanent status by November 1, 2020. The CRA is on track to provide these employees their letters of offer by March 31, 2021.

He also mentioned that the CRA decided to extend all terms until September 2020 during the pandemic. This resulted in many term employees being extended beyond their natural end date even if work was no longer available. There were (approximately 40 nationally) terms that could not be converted to permanent by November 1, 2020. However, these terms were placed in a pool and HRB continues to work closely with management to find new opportunities for them. He went on saying that since November 2020, the number of term employees who have been converted continues to increase as more employees continue to reach their 3 years of continuous service. The AC, HRB concluded that the CRA is currently working with the ITB to add the new conversion letters to the system. This is scheduled for mid-December 2020 and will facilitate the process for issuing the new letters of offer. HRB is satisfied with the timely progress made on this initiative.

The National President, UTE stated being pleased that over 1100 employees received their permanent offers. He mentioned that this is a great achievement and is seeking the same outcome as the rest of the Public Service.

The Commissioner attested to the passion of the UTE on this issue.

WebEx Technical Issues

UTE expressed their dissatisfaction with the communication platform WebEx due to the frequent technical issues encountered by the participants during the meeting and hoped that the issues will be fixed or a better option will be found for the next meeting.


Closing Remarks

The Commissioner shared his appreciation for the frank discussions and thanked the parties for their patience and participation. Despite having some issues with the communication platform, this was a productive meeting.

The UTE National President stated being glad to have had the meeting and discussed different issues. He thanked the participants for the ongoing collaboration.  

Bob Hamilton's signature

 

Marc Brière's signature

Bob Hamilton
Commissioner
Canada Revenue Agency

 

 

Marc Brière
National President
Union of Taxation Employees

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