Report of the President - Executive Council

COLLECTIVE BARGAINING:

At the beginning of 2022, from January 11 to 13, the Canada Revenue Agency (CRA) and the Union of Taxation Employees-Public Service of Canada (UTE-PSAC) bargaining teams began a new round of negotiations by exchanging their respective package of demands. The UTE-PSAC demands and the CRA proposals are available on our website.

During this meeting, our bargaining team made it clear to the CRA negotiator that we want to build on the gains of the last round and reach an agreement that recognizes the essential role that our members continue to play in serving the population.

Over the past two (2) years, the federal government has been able to count on UTE members to provide Canadians with historic support by processing more than 27 million applications of the Canada Emergency Response Benefit (CERB) to provide financial relief to millions of Canadians who were hard hit during the pandemic. Now, it's their turn to look to the government for a fair and equitable deal.

Negotiations continued from February 15 to 17.

Hours of work and work-life balance were at the heart of the talks during this last bargaining session. Of particular importance to our team were improvements to work schedules and telework arrangements for our members.

As for the employer side, they want to introduce split shifts, which means that they could require a person to work multiple shifts on the same day. Such concessions would have significant consequences for our members and go against our demands for improved work-life balance. Under the current collective agreement, our members have the right to request flexible hours and we want to continue to do so.

In the communiqué issued on February 18, the bargaining team asked UTE Locals to share with the membership two digital backgrounds as a show of support for the team. The first background features the UTE logo with the words I support my bargaining team. The second background also features the UTE logo, but this time with the slogan that was created for this round of bargaining: Our Members, Our Strength. I would like to thank everyone who submitted proposals for the slogan and I would like to take this opportunity to congratulate Saskatoon Local 40023 for their successful slogan proposal. As a token of appreciation, the Local will be able to select promotional items for $100.00 from the UTE store (Dougie's Digs).

This initiative of using digital backgrounds to show our support for the bargaining team was put forward in order to give all our members a chance to show their support for our bargaining team in a concrete way. Over 90% of our members are still working virtually. We encourage all UTE members to use any of these digital backgrounds during business meetings. Like us, CRA uses the Microsoft Teams platform when holding virtual meetings.

The next bargaining session will be held during the last week of March.

ANNUAL GENERAL MEETINGS (AGMs):

Some Canadian provinces are beginning to ease the restrictions related to the COVID-19 pandemic. However, I have decided to issue instructions to our Locals to continue to hold Annual General Meetings (AGMs) virtually until further notice. I prefer to err on the side of caution. Our union has an obligation to ensure the health and safety of our members. We must also keep in mind that our organization could be held legally responsible if problems arise for members who attended a UTE approved event. This could also result in significant expense and damage to our reputation.

I would like to thank the Locals for respecting my decision. It was not taken lightly.

The AGM season has continued virtually unabated and UTE National Officers continue to attend as many of our Locals' meetings as possible.

It is impressive to note that for many Locals, member attendance has not declined from the last round of face-to-face AGMs held prior to the pandemic. On the contrary, some Locals have seen an increase in membership participation with the virtual format. 

As a guest speaker, I had the pleasure of addressing our members and answering their questions. Not surprisingly, the two (2) main topics of discussion continue to be the Policy on Mandatory Vaccination against COVID-19 for Federal Public Service Employees and bargaining for a new contract.

I would like to once again congratulate the Locals for their good work at the meetings. I would also like to acknowledge again the excellent work of our IT specialist at the National Office, Alex Thon, in keeping everything running smoothly.

MEETINGS WITH SENIOR CRA OFFICIALS:

I continue to have monthly phone calls with the Agency's Chief Human Resources Officer during which we discuss various important issues.

In addition, I have had conversations with other senior officials of the Agency regarding current issues and topics such as:

• Monthly meetings on potential return to the workplace;
• Security program meetings;
• CRA assistance to Immigration, Refugees and Citizenship Canada (IRCC) Contact Centers.

MEETING WITH THE CRA COMMISSIONER:

I also spoke with the Commissioner of the Agency regarding the following topics:

• The interference of some managers in union affairs;
• The respect of the Union-Management Approach.

POLICY GRIEVANCES - CRA MANDATORY VACCINATION POLICY:

Since my last report, our Senior Labour Relations Officer, Brother Shane O'Brien, and I have had numerous discussions with the PSAC regarding their position on the Treasury Board and CRA mandatory vaccination policies. While UTE did not fully agree with the Alliance's position and actions on these issues, we were obligated to follow the PSAC's lead on these issues.

That said, our members, representatives and office have often been baffled by the direction given and positions communicated by the PSAC, as we have found the communications to be vague and incomplete in many respects. In addition, the PSAC appears to have revised its position on some issues without adequately informing Components.

In any event, in late January 2022, the PSAC informed Components that it had filed a policy grievance in mid-December 2021 for its teleworkers and agreed to provide Components with a copy of the policy grievance. Despite this commitment by the PSAC, it took numerous interventions by myself and Brother O'Brien before we finally received a copy of the Alliance's policy grievance on February 25.

After reviewing the policy grievance, Brother O'Brien noted that the grievance was filed against Treasury Board and on behalf of members in Treasury Board bargaining units.  He was of the opinion that if the grievance is upheld, the CRA could claim that it is not part of this grievance and therefore would not be bound by the decision or required to implement any corrective action. He raised his concerns with me, and I agreed that he should raise these issues with the Alliance on behalf of the UTE.

I am pleased to report that Brother O'Brien was successful in persuading the Alliance to file a policy grievance against the CRA on behalf of UTE members who telework. This policy grievance was filed with the employer on March 10.

We had also suggested additional remedies that were not included in the PSAC’s version of the grievance that sought reimbursement of pay and benefits as well as other expenses incurred by members as a result of being placed on administrative leave without pay. PSAC initially rejected our suggestion. However, in subsequent discussions, we have persuaded the PSAC to file another grievance against the CRA as a result of its continuance of the mandatory vaccination policy affecting our members and seeking remedy for the reimbursement of pay, benefits and expenses.

This second Policy Grievance will be filed imminently, and we will keep you apprised of its progress.

POLICY GRIEVANCE AND STATUTARY FREEZE COMPLAINT - WORKING HOURS IN THE ABSB CALL CENTERS:

As a result of the employer's decision to unilaterally implement hours of work in its call (contact) centers over the objections of the UTE, our Senior Labor Relations Officer recommended, and I agreed, that we request the Alliance to file a policy grievance and a statutory freeze complaint (unfair labor practice complaint) against the CRA.  Brother O'Brien raised this issue in writing with the PSAC in early January 2022 and had several discussions with the Alliance regarding these actions. The PSAC agreed to draft a policy grievance for Brother O'Brien and since he did not receive the draft in a timely manner, he was forced to follow up numerous times with various Alliance representatives.

In early March, a draft of the grievance was sent to Brother O'Brien, who made a number of changes and sent it back to the Alliance. This policy grievance was served on the employer on March 7, 2022.

Brother O'Brien also provided the Alliance with a detailed summary of events and supporting documentation for a statutory freeze complaint and has engaged in ongoing discussions with outside legal counsel to prepare the case. It is anticipated that this complaint will be filed by March 14, 2022.

COMPLAINT UNDER THE DUTY OF FAIR REPRESENTATION:

On February 18, 2022, the PSAC informed us that a duty of fair representation complaint had been filed against the Alliance by 168 PSAC members, including 28 UTE members, because of the Alliance's position toward members regarding mandatory vaccination policies. The Alliance asked us to provide as much information as possible regarding interactions with these complainants at all levels and to provide this information, along with a summary of the information gathered, by February 24, 2022.

I have asked our Senior Labor Relations Officer to coordinate this matter by requesting the assistance of the appropriate Locals and Regional Vice-Presidents. All parties involved have been incredibly cooperative and have put considerable effort into this issue and have sent us hundreds of emails in support of our response by the deadline. We have provided all the necessary information to the PSAC and are working with them to defend the complaint.

I would like to personally thank everyone who has given this file the priority and attention it deserves, despite the extremely tight timelines! Well done!

STAFFING AT THE NATIONAL OFFICE:

The process to hire an Administrative Assistant is still underway. Unfortunately, we have not yet had the opportunity to interview candidates, largely due to the Freedom Convoy protest in downtown Ottawa, as well as other pressing priorities within our organization. We hope to resume the process in the coming weeks.

Last December, Sister Carmen Menard announced that she would be leaving her position as of January 17th to return to the Public Service Alliance of Canada. I would like to recognize Carmen's contribution to UTE and I would like to thank her on behalf of the staff, the Executive Council, the Locals and the UTE members for her dedication and commitment and I wish her the best in her future endeavors.

In order to expedite the process of filling the position of Administrative Assistant to the National President, I have asked our Senior Labour Relations Officer to review the resumes received as a result of the competition process to hire an Administrative Assistant in order to identify if any candidates would be qualified for this position.

EXECUTIVE COUNCIL RETREAT AND MEDIA TRAINING:

Last December, I had no choice but to postpone the media training and the Executive Council Retreat that was to be held in person from January 17 to 20, 2022 at the Hilton Lac-Leamy Hotel in Gatineau.

Obviously, this difficult decision was made in light of the dramatic increase in new cases of COVID-19 infections and the tightening of sanitary measures put in place by public health authorities at the national, regional and local levels.

As the situation regarding the pandemic has improved, I have decided to hold the media training and the Executive Council Retreat from June 20 to 23. The first two days will be devoted to the Retreat and the next two days to the media training.

Unfortunately, the Hilton Lac-Leamy Hotel in Gatineau has informed us that there is no availability to host us on these dates. As a result, we searched for another hotel in the area and I am pleased to inform you that we are in the process of signing a contract with the Hilton DoubleTree Hotel in Gatineau. The Executive Council officers will be arriving on Sunday, June 19 and will be leaving the hotel on Friday, June 24. I realize that June 24^th is a statutory holiday in Quebec and the Atlantic, but with all the UTE and PSAC events already scheduled in April, May and June and with summer vacation just around the corner, I had no other options available to me. Since each of us have spent the last two years in a cage, scheduling this event during the summer was out of the question. The officers of the Executive Council have all earned the right to take a vacation this summer. And I just couldn't put it off any longer given the shortened two (2) year cycle that we have to deal with.

PSAC 2022 NATIONAL TRIENNIAL CONVENTION:

On March 3^rd, at a meeting of the PSAC National Board of Directors (NBoD), a motion was passed to hold the 19^th PSAC Convention virtually.

I am also pleased to see that the PSAC has agreed to my request to not hold sessions on weekends to allow participants to take a break from the computer screen. The well-being of our members is extremely important but so is the well-being of our union representatives and this must be a priority for us as an organization. The Union of Taxation Employees (UTE) took the position last year not to hold conferences or conventions on weekend days and I believe that the PSAC is making a good decision by following our example.

The official start of the convention will be Thursday, May 26. The convention will continue Friday, May 27 and resume on Monday, May 30 until the last day, Friday, June 3. There will also be optional caucuses on Tuesday, May 24 (women, racially visible members, etc.). The following day, Wednesday, May 25, UTE will hold its component caucus from 11:00 a.m. to 12:00 p.m. EST during which we will discuss the most significant resolutions for each of the convention committees, the resolutions coming from UTE as well as some of our positions or suggestions on the most important issues (budget, etc.) that will be dealt with during convention.

The PSAC will be providing more details in the coming weeks regarding the agenda and hours of session. We can anticipate that the hours of session will be from 11:00 am to 5:00 pm EST.

At the same NBoD meeting, a motion was passed that a $75.00 per day stipend be paid to delegates attending the convention. Please note that this motion must also be ratified by the delegates at the convention.

I have received confirmation from the PSAC that all sixty-nine (69) of our delegates have registered by completing the online registration form. In addition, I have registered as the National President of our Component and as a member of the National Board of Directors (NBoD) bringing our total number of delegates to the convention to seventy (70).

Observers will be able to register as of March 14. As with the delegates, there is no registration fee for observers to attend the convention.

NATIONAL MENTAL HEALTH CONFERENCE:

At the last UTE Convention in July 2021, delegates passed a resolution that our union organize and fund a National Mental Health Conference on the topic of Mental Health and related issues before the next Union of Taxation Employees Convention being held in Winnipeg in August 2023.

In order to begin the work of preparing for this conference, I have established an AD-HOC “Mental Health Conference" Committee. I have asked Brother Doug Gaetz, Chair of the Health and Safety Committee to act as Chair of the AD-HOC Committee and Brother Greg Krokosh, Chair of the Well-Being Committee to act as Co-Chair of the Committee and they have both readily agreed. Mathieu Juneau, Labour Relations Officer at the National Office, will act as technical advisor on the committee. The committee will be completed by the presence of an Administrative Assistant to be appointed at a later date.

The date for the holding of this conference has not yet been determined. However, with the extremely busy schedule we face, it is likely to be held late this fall or in the late spring of 2023.

Respectfully submitted,

Marc Brière
National President

WEB/COMMUNICATIONS:

Our website is working well, and updates are occurring in a timely fashion. We have been working on the specifications for our upgraded website and plan to award the contract during the next quarter.

INFORMATION TECHNOLOGY:

All IT systems have been running well. Regular software maintenance of internal computers, servers and network was performed. We are starting a second year of doing virtual AGMs for the Locals. We have 28 AGMs scheduled until the end of May. We have implemented, on a voluntary basis, multi-factor authentication (MFA) in our Microsoft 365 cloud service. This feature protects our UTE cloud accounts from been hacked. We also removed the 6-month password expiration policy. 

DONATIONS / SPONSORSHIPS:

As of December 31, 2021

As of March 14, 2022

NON-UTE UNION EVENTS:

As of December 31, 2021

 As of March 14, 2022

GRIEVANCES:

Grievance Report
December 1st, 2021, to February 28th, 2022

During Q4, thirty-one (31) new grievances were received in the National office. Twenty-six (26) grievances were presented. Seventy-five (75) final level replies regarding job description were received from CRA, nineteen (19) were denied, one hundred sixty-five (165) were withdrawn and closed.

1. Grievance in abeyance pending HRT & WSIAB complaints. The complaints are still active and outside legal counsel has carriage of file. The complaints are currently held in abeyance. This grievance has been outstanding for a number of years and will likely not be resolved anytime soon. The member is no longer working for CRA and the matter has been delayed due to extensive and complicated legal proceedings.
2. Waiting for tax appeal information
3. Discussion ongoing with the employer. Hearings to be held in the near future.
4. Three grievances awaiting disposition of unfair labor complaint.
5. Two grievances awaiting the implementation of all provisions of a Memorandum of Settlement (MOS). MOS is expected to be concluded in May 2022. One grievance held in abeyance pending disposition unfair labor practice complaint. One grievance held in abeyance pending claim for damages arising from Phoenix pay issues.
6. One grievance was scheduled for Dec 2021, but subsequently held in abeyance at the request of the grievors. Waiting for information from grievor on two related grievances were the grievor self-represented.
7. Ongoing discussion with the employer concerning potential settlement. Grievor is not responding to emails and phone calls.
8. Two grievances are pending settlement discussions with the employer. Five grievances were recently presented, and replies are expected in the near future. Settlement discussions were recently concluded and were unsuccessful for two grievances. Replies are expected shortly.

There are presently one hundred forty-two (142) grievances in the National Office inventory which have not yet been presented at the Final Level dealing with a variety of issues.

During this quarter, a concentrated effort was made to follow up and take appropriate actions to conclude a significant number of older grievances. As a result, as noted above one hundred sixty-five (165) were finalised during this period.

POLICY GRIEVANCE

During this period two (2) new policy grievances were filed by the PSAC, as bargaining agent, as requested by UTE. The first policy grievance deals with Hours of Work in the Agency’s Call Centre’s and the second, deals with the CRA Mandatory Vaccination Policy.

Initially, the PSAC had filed a Policy grievance on the Mandatory Vaccination Policy imposed in the Core Public Administration. Our office had requested a copy of this policy grievance from the PSAC and only received it after nearly two months of consistent follow ups with the PSAC. Upon receipt and review by the Senior Labour Relations officer, we took the position that a specific policy grievance should be filed with the CRA concerning its own Mandatory Vaccination Policy and we were successful in persuading the PSAC to file one which would deal specifically with the CRA and its impact on UTE members.

CLASSIFICATION GRIEVANCES

There were no new classification grievance filed during this period, however one (1) was closed.

INDEPENDENT THIRD-PARTY REVIEWS (ITPRs)

One (1) ITPR was received during this period.

CRA POLICY GRIEVANCES

There were no new CRA Policy Grievances received during this period.

STATUTORY FREEZE COMPLAINT

As a result of the CRA unilateral actions in scheduling extended Hours of Work, and scheduling Saturday work without overtime compensation, we were successful in persuading the PSAC to file a Statutory Freeze complaint against the CRA. Brother O’Brien worked in collaboration with PSAC Legal Services and outside Legal Counsel in the submission of the complaint which was filed on March 14, 2022.

UNFAIR LABOUR PRACTICE

One hundred sixty-eight (168) PSAC members, including twenty-eight (28) UTE members, filed a Duty of Fair Representation complaint against the Alliance as a result of the PSAC’s position concerning the Employer’s Mandatory Vaccination Policy. In order to respond to this complaint, the Alliance contacted our Senior Labour Relations officer requesting copies of all communications between the members and all representatives of UTE at all levels. A short deadline was provided by the Alliance to provide this information.

Brother O’Brien contact the respective RVP’s and Locals to request the information in question. We would like to thank all the RVP’s and Locals for giving this matter their immediate attention and providing the information forthwith in order to meet the deadline imposed by the Alliance and to enable the Alliance to respond to the complaints within the prescribed timeframes

PRESIDENT’S ITINERARY

DATE             ACTIVITY                                      PLACE

NOVEMBER 2021

23                  AGM Kitchener Local 00015                                                Gatineau
26                  Meeting – PSAC Standing Finance Committee                   Gatineau
26                  Meeting with the CRA Assistant Commissioner, HRB         Gatineau
30                  UTE National Health & Safety Conference (virtual)             Gatineau

DECEMBER 2021

1-2                 UTE National Health & Safety Conference (virtual)            Gatineau
2                    Meeting - Preparation for the Executive Council Retreat    Gatineau
3                    UTE National Health & Safety Conference                         Ottawa
3                    Meeting – PSAC Standing Finance Committee                  Gatineau
6-8                 Executive Council meeting                                                  Ottawa
6                    Component Presidents’ meeting                                         Ottawa
8                    Meeting – PSAC Standing Finance Committee                  Ottawa
9                    Meeting re: agenda items for the June NUMCC                 Ottawa
9                    National Union Management Consultation Committee Meeting    Ottawa
9                    Hamilton Local 00014 Membership Appreciation Event       Gatineau
10                  NSCC meeting                                                                    Ottawa
15-17             PSAC Special NBoD meeting                                            Gatineau
15                  AGM Toronto North Local 00048                                       Gatineau
20                  Component Presidents’ meeting                                        Gatineau

JANUARY 2022

4                    Component Presidents’ meeting                                        Gatineau
10                  PSAC Special NBoD meeting                                            Gatineau
12                  Interview with a reporter – Le Droit                                     Gatineau
13                  Meeting with the CRA Assistant Commissioner, HRB        Gatineau
14                  Meeting – The Personal Insurance Company                     Gatineau
14                  Meeting – PSAC Mandatory Vaccination Policy                 Gatineau
17                  Practice Run - CRA Orientation Experience Session         Gatineau
17                  Meeting with CRA Commissioner                                       Gatineau
18                  UTE website redesign Planning Meeting                            Gatineau
18                  Component Presidents’ meeting                                         Gatineau
18                  CRA Orientation Experience Session                                 Gatineau
18                  PSAC Special NBoD meeting                                             Gatineau
19                  Meeting with CRA - Potential return to workplace               Gatineau
20                  UTE website redesign Planning Meeting                            Gatineau
21                  Meeting - PSAC NBoD Committee on Representation Issues  Gatineau
25                  Meeting – PSAC Standing Finance Committee                   Gatineau
27                  PSAC SJF Steering Committee Meeting                             Gatineau
27                  AGM Pacific Region Call Centre Local 20050                      Gatineau
31                  Component Presidents’ meeting                                          Gatineau
31                  AGM Prince George Local 20002                                        Gatineau

FEBRUARY 2022

3                    Special Executive Council meeting                                     Gatineau
7                    Meeting: Ontario Regional Organizational structure           Gatineau
10                  Meeting with the CRA Assistant Commissioner, HRB        Gatineau
14                  Component Presidents’ meeting                                         Gatineau
15-18             PSAC NBoD meeting                                                         Gatineau
15                  AGM Hamilton Local 00014                                               Gatineau
17                  AGM Penticton Local 20026                                              Gatineau
18                  Meeting – The Personal Insurance Company                    Gatineau
23                  NSCC meeting                                                                   Gatineau
24                  AGM Kelowna Local 20003                                               Gatineau

MARCH 2022
1                    AGM St. Catharines Local 00016                                      Gatineau
3                    PSAC Special NBoD meeting                                           Gatineau
3                    Special Executive Council meeting                                   Gatineau
3                    AGM London Local 00017                                                Gatineau
7-11               PSAC Constitution Committee meeting                            Gatineau
9                    Meeting with the CRA Assistant Commissioner, HRB      Gatineau
11                  Meeting with CRA: Assistance to IRCC Contact Centres    Gatineau
11                  Meeting with PSAC National President                             Gatineau

Acronyms
AGM – Annual General Meeting
CLC – Canadian Labour Congress
CCSC – Compensation Client Service Centre
CRA – Canada Revenue Agency
HRB – Human Resources Branch
IRCC - Immigration, Refugees and Citizenship Canada
NBoD - National Board of Directors
NEEDC - National Employment Equity and Diversity Committee
NSCC - National Strategy/Strike Co-ordinating Committee
NUMCC - National Union Management Consultation Committee
PSAC - Public Service Alliance of Canada
SJF – Social Justice fund
UTE – Union of Taxation Employees

MEMBERSHIP:

FEBRUARY 2022

Respectfully submitted,

Marc Brière
National President