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

National Union-Management Committee (NUMC)
Minutes of the National Union-Management Consultation Committee (NUMCC) Meeting
December 8, 2022

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

OPENING REMARKS

The Chairperson and President of the Union Taxation Employees (UTE) welcomed the participants to the first face-to-face/hybrid National Union-Management Consultation Committee (NUMCC) meeting to take place in three years. After a land acknowledgement, the National President mentioned he was looking forward to meaningful and respectful discussions and invited the Commissioner to proceed with his opening remarks.  

The Commissioner said he was delighted to attend this in-person meeting. While recognizing the importance of this meeting, he highlighted the importance of the work done between these formal meetings all throughout the year.  

The Commissioner indicated that there were a few retirements and departures on the Management side since the last meeting. He highlighted the great contribution these participants brought to the Agency and introduced the new participants who replaced them.  

Collective bargaining is on the meeting’s agenda and the Commissioner hopes that the parties can fulfill their commitment to employees, UTE members, to reach a deal sooner rather than later. He recognized that there are a lot of external forces that are coming into play, but he is confident that an agreement can be reached.  

Phase two of the Journey to hybrid initiative is also another of the important topics that will be discussed during the meeting and there is some uncertainty about the direction taken by the Government of Canada (GoC). He stated that the Agency is following its plan, which consists in increasing the in-person presence and highlighted that in-person presence is of great importance for the long term strength of the institution. It will be a journey for everyone, we will make mistakes along the way and there will be some curveballs from time to time but, he feels confident that the Agency will get through it. He indicated being very happy with the consultative approach and said he hopes the good, collaborative relationship continues.  

There has been a lot of praise and kudos from Canadians for the work accomplished by the CRA employees, UTE members. The Agency is now moving towards the compliance side of the Emergency Covid-19 benefits, but the CRA has also been tasked to administer and deliver two new benefits. As they did before, employees and UTE members have stepped up to the plate and the launch of the Canada Dental Benefit (CDB) was a success and he’s hoping for the same success with the launch of the Canada Housing Benefit (CHB). It is very gratifying that the GoC trusts the Agency with the administration of new benefits and he encourages everyone to keep thinking about what we do to keep good patterns moving. Tremendous work was done but there are some ongoing challenges the Agency is facing which consist in attracting, recruiting and retaining good employees.   

The Auditor General did a second assessment of the Covid Emergency Benefits administered by the CRA during the pandemic, and the Commissioner indicated that she has been less complimentary than others have been. While recognizing some good points she highlighted in her report, it appears that the Auditor General may have missed a few things in her findings. There was an area where the Agency disagreed with her recommendation and while it is recognized that not everything was perfect, the Commissioner indicated that the Agency was ready to defend its actions, especially when words such as ‘’inefficient’’ are being used. He said he was very proud of the work the Agency did with the administration of emergency benefits and believes it is a bit premature to judge our compliance efforts at this stage.  

On the bright side, the CRA Charitable Campaign (CRACC) is doing great despite a slow start and the Agency has already reached 90% of its target. In an effort to reach and exceed the target, the Commissioner invites the union and Management to continue promoting the Campaign to ensure the participation rate continue to increase.  

The National President emphasized on the importance of informal meetings taking place all-year long, where both parties deal with most of the issues and tackle them. Formal meetings are important as they provide an opportunity for Management and the union to express their views on different issues, exchange and have frank discussions. This meeting also has the advantage of discussions between the parties being summarized in minutes, which will later be circulated amongst UTE members. He added that the UTE has better access than ever to their members email addresses and while they don’t have them all, it is important to inform their members of what the union is talking about, what its position is and what it is pushing for.  

On the matter of the CRACC, the National President expressed his pride towards UTE members for their participation in the charitable campaign. The Campaign is launched jointly between the CRA and the UTE and although things may not be perfect, the union strongly supports it. The union made a donation of $100,000 in 2020 to Food Banks of Canada and in the coming year, $100,000 will be donated to the Red Cross in Ukraine in addition to another $100,000 that will be donated to food banks across the country.  

As previously mentioned by the Commissioner, the National President highlighted the good work done by UTE members throughout the pandemic and the praise they received across the country. In response to comments made by the Minister of National Revenue about her pride for the good work done by CRA employees during the pandemic, the National President indicated that he emphasized to her the importance that it be recognized at the bargaining table. He continued by saying that he was glad the UTE has more members than it ever had in its history with approximately 37,000 members, and he hopes this number will increase as a result of an announcement that will be made by Marc Lemieux during the meeting. With regards to the report of the Auditor General, the National President agreed that there is work and improvement to be done in the area of compliance and there is a lot of pressure from the House of Commons on this specific matter. UTE members are ready to take on new workloads related to compliance as they did for the delivery of the emergency benefits, but the National President reiterated that recognition of UTE members’ good work needs to be demonstrated at the bargaining table. He ended by saying that once again, UTE members will be there to get the job done. 

1. Collective Bargaining

 
The Assistant Commissioner, Human Resources Branch (AC, HRB) stated that it is important to note the status of the negotiations and that similarly to negotiations between the Treasury Board Secretariat (TBS) and the PSAC, the CRA and the UTE find themselves at an impasse. She indicated that over the course of the six negotiation sessions, the CRA put forward concrete proposals to respond to some of the PSAC-UTE’s key concerns. This includes a proposal to address the union’s proposals surrounding the sharing of information and access to membership, which the union has stated is important to them. She expressed disappointment with the negotiations, which are undoubtably not where the parties would like them to be. On the bright side, she said she is pleased that the parties will pursue the bargaining process in December and continue discussions with the assistance of a mediator. She is confident that progress can be made during these three days of mediation, and reiterated CRA’s commitment to reach an agreement that will be fair and reasonable to both employees and Canadians. 

The UTE Second National Vice-President started with a quote from the Minister of National Revenue’s submission to the Office of the Auditor General (OAG), which reads as follow: 

At the onset of the Covid-19 pandemic, employees from the Employment Services Development Canada (ESDC) and the CRA mobilized like never before to deliver critical emergency programs to support millions of Canadians forced to stay at home in an effort to stop the spread of the virus.  

He continued with another quote from Yogi Berra saying that there’s déjà vu all over again as the parties are at the same point they were during the last round. In a time of unprecedented inflation and high cost of living for employees, the UTE membership is outraged that the employer has not yet tabled an economic increase proposal, which is an important source of frustration amongst the ranks of the UTE membership. There is an impression that the Employer’s team is more interested in counting demands than they do coming to the table and do concrete negotiations. Referencing to the Management members of the bargaining team, the UTE Second National Vice-President commented that there is an impression that the members on the other side of the table have no concept of the economic pressure placed on UTE members. He emphasized that there is a number of members who need a second or a third job to help make ends meet, as well as many employees who need to use food bank services. He commented that the conversation would be entirely different if the parties were on the same boat but as it stands now, the union and membership are on a raft at sea while there is a luxury cruise boat going by. He referred to bonuses paid out to CRA executives amounting to $13.5M in 2019-2020, and $15.9M in 20202021, which corresponds to a 17% raise in executive bonuses and the inequity the membership sees. Mediation sessions are scheduled in early 2023 and the UTE bargaining team is ready to bargain. Despite the assertion that there are other forces at play, he commented that the only other force he was aware of was inflation. Should it be implied that other organizations are showing UTE how and where to go, this statement will be refuted by the union. The union remains optimistic that CRA and the UTE will come out of mediation but if no progress is made, the UTE Second National Vice-President said they will move to the next steps. He reminded the participants that it was agreed upon by stakeholders, the PSAC, UTE and the Commissioner that the signature of a new contract would not take 4 years. He stressed the importance for Management to recognize that a great deal of CRA employees are struggling because of inflation and high interest rates which is a real cutback for employees and their families. He ended by saying that it comes back to work-life balance and money.  

In reference to the last two rounds of negotiations between the CRA and the UTE, the National President said it was unacceptable that it took four years, and to get a wage increase after five years. In 2020, the UTE had finalized its strike vote and was in position to shut the operations down during the tax season. Although the Commissioner stated that there are other forces at play in the CRA-UTE negotiations, the National President indicated that a number of important issues are under the purview of the CRA and the Agency controls its destiny. He reminded participants that the UTE is the most homogeneous group in the bargaining unit of the PSAC, which allows them to follow their own lead. The economic proposal is the pivotal aspect of this negotiation and the UTE is urging the CRA to show the money without any delay. He expressed that UTE members stood up when Passport Canada, Employment Services Development Canada (ESDC), Immigration, Refugees and Citizenship Canada (IRCC) and other government agencies asked for help for the delivery of their programs of the delivery of emergency benefits. The Government of Canada relied on UTE members during the pandemic and the union believes it is now time to exercise some pressure on those who can pay. Cost of living is very high and UTE members are confused as to why they still haven’t received a wage offer when all other PSAC groups already have. The UTE executive doesn’t understand either and feels it is disrespectful and unfair for their members. As a result of a Legislation change introduced in 2012 , separate agencies such as the CRA are required to have its negotiation mandate approved by the Treasury Board which leads the National President to believe that the wage adjustment will be similar to what was offered last time, and no different than what the TBS will authorize1. Although it wouldn’t be the preferred approach, the UTE group will conduct strike votes if things are not moving. The National President relayed his members’ discontent about the four-year wait for the signature of a contract and said it was time to break the cycle. He stressed the importance for both parties to sit at table with the mediator to move forward as it is in the best interest of employees and UTE members.  
The Commissioner thanked the National President for his comments and reiterated the commitment made by the parties to come to a resolution in a timely manner. He reminded the National President that he was well aware of the situation about the financial aspect of the negotiations and that the CRA will not obtain a deal that will be different than what is authorized by the TBS. There are non-economic aspects that parties can look at and also make progress to move forward. The Commissioner would like to see if the parties can build on that progress and keep going rather than sitting around and keep existing positions. He expressed his discontent with the National President’s views when he alleged that the Agency doesn’t care about economic wellbeing of employees. He thanked the National President for his perspective and reiterated the need for parties to negotiate and get a deal as the situation is currently static. He remains optimistic about an expedited resolution but noted that delaying the signature of the contract is bad for employees, for the union and for the CRA. Although some of the factors are negotiated by the TBS and the PSAC, he invites the parties to meet and find way for a common ground for things within their control. 

The National President agreed that there are some aspects that are specific to the CRA and since the Agency won’t offer a proposal different from the economic proposal offered by the TBS, he would like to see movement on things specific to CRA and for which the parties can agree upon. At the end of the day, he expects the UTE to receive an offer very similar to what was offered to other groups and while it should not be implied that it will be accepted by the UTE bargaining team, a wage offer would help alleviate some of their frustrations. Nevertheless, the National President reiterated that a strike vote is a possible option and the UTE will not accept a four-year delay for the signature of a new collective agreement. He expressed that he would like to see some movement in the negotiations before Christmas and shared his desire for the parties to engage in a dialogue before the mediation sessions.    

The Second National Vice-President noted that Public Interest Commission (PIC) hearing dates have been set for January 27, 2023, and February 20, 2023. He added that the two negotiators have spoken in the last few days and it should be seen as things moving forward. 

The Commissioner agreed that it was a good sign and he remains confident that both sides can find things they can agree on.  

2. Journey to hybrid

 
The Commissioner was pleased to share that the Agency was entering phase 2 of its transition plan. During this phase, there will be an increase in the in-person presence, which is important for unity and collaboration. He mentioned that the implementation of a hybrid model has been the plan since the beginning of the pandemic and as we move forward, adjustments will continue to be made in order to find a sweet spot and a good balance between in-office and remote work in its journey to hybrid. There are rumours about a potential broad intervention by the government that would dictate what departments may or may not do with respect to virtual work arrangements. The Commissioner commented that regardless of decisions taken by the Government of Canada (GoC), the participants don’t have a say and it is not something they can address during this meeting. Regardless of the GoC’s course of action, he noted that the Agency does its utmost to make it a more rewarding experience for employees and managers working from a CRA facility. 

The Director General, Journey to Hybrid (DG, JTH), stated that there have been curveballs, but the Agency’s transparent communication is what has gotten us through it. The Agency successfully moved to Phase 1 of the Transition Plan on September 12, 2022. Feedback from the Regions and Branches has been positive and there wasn’t much to report in terms of new issues or concerns following the move. Of note, the Journey to Hybrid team is working closely with the Human Resources Branch to identify the number of employees that are working on-site. The health and safety of Agency employees remains a top priority and there is ongoing discussion about this matter during the monthly Journey to Hybrid sessions held with the unions. She added that CRA employees who must report on-site are protected through the application of our National Worksite Protocol and Building Re-entry Procedures. The physical and mental well-being of employees also remain key considerations throughout the journey to hybrid. 

The DG, JTH advised that the Agency was moving to Phase 2 of the Transition Plan on December 14, 2022, which will allow for 

  • Additional field work and associated travel;
  • Increased interactions with taxpayers at CRA worksites, and;
  • Increased in-office presence through opportunities for experimentation, in-person collaboration, employee onboarding and training activities.

She proceeded in sharing results of a survey the Agency launched at the end of October 2022 that was sent to a randomly selected sample of employees who have gone on site in the fall of 2022. According to the results, 90% of employees have reported that their experience met their expectations. It should be noted that many of those who were there had to be on site because of the nature of the job, or because they chose to. Furthermore, 86% of the Management population surveyed felt they had the tools to lead in a hybrid model. On the matter of health and safety, 76% of people who came on site were able to locate the safety protocols, and 73% knew who to contact in the event of an accident. The results showed that 15% of the respondents reported issues about the work environment, mainly lighting and finding their desks in an unassigned work environment. 

This data constitutes valuable information about feedback and lessons learned regarding user experiences and will be used to better prepare for the launch of Phase 2. Regardless of different regional provincial progress with the pandemic, the CRA is moving forward by adopting a consistent national approach. The Agency remains committed to engaging and consulting with unions on an ongoing basis during each of the transition phases and making the necessary adjustments. As previously mentioned, the DG, JTH indicated that returning to the pandemic phase remains a possibility if the variants or another resurgence of COVID-19 drive Public Health Agency of Canada to reinstate health restrictions.  

Given the broad considerations and horizontal attention required for the JTH Program, the Journey to Hybrid Program Management Office began reporting to the Deputy Commissioner effective September 19, 2022. There is no certainty about what the future holds but according to the DG, JTH, the goal the Agency is trying to achieve is to have more in-person interactions. She thanked the UTE for its continued support and said she was looking forward to continuing the journey together. 

The UTE First National Vice-President shared his appreciation for the Journey to hybrid consultations and expressed that, in his opinion, it is what the true meaning of consultations is. He thanked the DG, JTH and her team for their work and underlined that excellent work being done by both sides. He reflected on the rumours referenced by the Commissioner and indicated that the situation is pessimistic but on the bright side, he heard the Treasury Board minister say that the government will not revert to the way it was pre-pandemic. Based on the survey results he has seen, the UTE First National Vice-President noticed that UTE members like the hybrid model option or working from home altogether, rather than being forced to work in the office five days a week. In reference to survey results shared by the DG, JTH, he expressed his discontent that only 76% of respondents to the survey indicated being able to locate the Health & Safety protocols. While recognizing that this percentage is high, he believes the number should be even higher as it pertains to the health and safety of employees. He also indicated that there were some discrepancies in the messages received from the Health and Safety team of HRB, and the Finance and Administration Branch (FAB) about Phase 2. Nevertheless, he shared his overall appreciation and said he was pleased with the work accomplished on the Journey to Hybrid initiative. 
The Commissioner responded that he was not trying to signal anything and there is nothing the UTE First National Vice-President should worry about. In the end, they will find a way and continue to do what is best for the Agency. 

The Deputy Commissioner emphasized that regardless of what we hear or the preference to have people working from home, it is necessary to increase the in-person interactions. She explained that a lot of employees came aboard during the pandemic and many of them have been working alone and on screen for three years, which is not sustainable for any employee. They should work together towards a common goal that even if employees are working from home, they would need to get in the office to meet with their team from time to time. The focus is for employees to have a good experience when they go to the office.  

The UTE First National Vice-President recognized that in-person meetings will be important in phase 2. He clarified that he doesn’t believe all employees will need to work from home all the time and business requirements or meetings in the field have to be taken into consideration. He told the Deputy Commissioner that he agrees with what she said and fully appreciate what she had to say.  

3. Virtual work arrangements 

The National President requested an update on virtual work arrangements.  

The AC, HRB stated that during the pandemic, most of CRA’s workforce was directed to work remotely under other circumstances since access to their designated workplace was restricted.  

The hybrid work model currently in place allows some employees to continue to telework full-time, others to work from CRA worksites full-time, or the option for a combination of the two, depending on business and operational needs and in accordance with region, branch and program guidelines that are available.  

As mentioned by the DG, JTH and the First National Vice-President, the health and safety of employees continues to be the Agency’s top priority. As the situation evolves and new public health advice is issued by the Public Health Agency of Canada (PHAC), our guidance, work procedures and protocols will be adjusted as required in consultation with CRA's National Health and Safety Policy Committee. The CRA will move to Phase 2 while still continuing to adhere to existing preventative health measures, following guidance from the PHAC. This means continuing to maintain a two-metre of physical distance and wearing medical masks when physical distancing cannot be maintained. The AC, HRB does not anticipate a change in the guidance but the necessary adjustments will be made if needed.    

The AC, HRB underlined that Virtual Work Arrangement Agreements (VWAA) required completion before the start of the Preliminary Phase on July 18, 2022, for every employee teleworking, working remotely from another CRA establishment, or a combination of the two. VWAAs will continue to be required in all of the subsequent phases for employees who are not working full-time at a CRA worksite. Conversations between employees and their supervisors are recommended in preparation for the transition to phase 2 to determine if any changes or amendments to existing arrangements are required. Should the nature of the work arrangement change in Phase 2, VWAAs will need to be updated following discussions with and approval from employees’ supervisors. 
A number of Corporate Policy Instruments (CPI) and supporting tools related to virtual work arrangements have been developed and updated over the past two and a half years in response to the COVID-19 pandemic. For example, the CRA updated its Policy on Workplace Management and launched the new Directive on Virtual Work Arrangements on April 1, 2022. Of note, the updated Guide on Virtual Work Arrangements, launched on April 1, 2021, supports the new directive which flows from the overarching CPI Policy on Workplace Management. 
The AC, HRB explained that with an overarching Policy, a new Directive and a supporting Guide, the CRA has a comprehensive corporate policy framework to meet the current and future needs of the workplace as we transition to a hybrid model of working. More recently, new tools have been developed to assist leaders in preparing for and having conversations regarding the transition to Phase 2. These include the Hybrid Handbook for Leaders and the Team Operating Philosophy tool.   

To ensure a smooth transition towards formalizing a hybrid model of working, the Agency developed and put in place a number of initiatives, which consist in:

  • Information sessions were held with key stakeholders across the CRA.
  • Phase 2 National Guidance for on-site presence, including the Guiding principles for onsite work and defining the value of in-person activities, have been developed. 
  • Virtual work related information has been made more easily accessible on CRA websites and additional/existing support tools are being developed/updated, as needed, based on identified needs.
  • The Virtual Work Arrangement Agreement (VWAA) tools have been simplified for end users.

The AC, HRB reminded everyone that CRA employees have proven their ability to adapt to new ways of working while delivering results to Canadians. The CRA is continuously learning from this transition and embracing a hybrid model of working as part of the future of how and where we work. The CRA will continue to provide UTE with updates on this topic at the NUMCC as well as during touch-point meetings. 

4. Annual Resource Alignment Process

The AC, FAB, explained that the Annual Resource Alignment Process (ARAP) is an internal exercise that began in 2017, which consists of examining the Agency’s programs and services to ensure they are aligned with strategic priorities and direction, and are being delivered in the most effective manner. 

The ARAP is a two-step process, where branches in conjunction with their regional and human resources counterparts must answer two questions: 

Step 1 — Investments: If you had more budget, what would you do? What would be your top priority? 
Step 2 — Savings: If you had less budget, what would you do? What would you stop/do less of? 

Step 1 of the 2022 ARAP was launched in May 2022. Step 2 of this year’s ARAP was launched in October 2022 to generate the savings required to address the investment opportunities identified and approved in Step 1. In line with what has been done in previous years, the Agency’s approach would be to minimize the impact on employees. 

The AC, FAB, stated that as was done for previous ARAP exercises, the Agency’s governance will analyze and approve the final package for implementation. He stressed that unions will continue to be briefed as the process progresses and prior to final results being communicated, which is anticipated to be before March 31, 2023. 
This exercise is important for the well-being of the Agency as it increases its ability to be more proactive in reviewing and reacting to the environment it faces. For employees and management, it is an opportunity to identify new and innovative ideas to improve the services we provide to Canadians. 

In addition to ARAP 2022, the Agency will also need to address the requirements of the strategic policy review as announced in Budget 2022. This review is designed to ensure that all government programs are delivering results through prudent and responsible fiscal management. 

The impact on individual departments, including the Agency, has not yet been identified. Specific details once known will likely be considered Cabinet confidence, as was the case with previous government reviews, and therefore subject to strict security measures. The Agency remains committed to keeping the Unions informed whenever possible. 

The National President thanked the AC, FAB for his update and appreciates that information will be shared with the union before the final results are publicly shared. He said he was glad that no job losses were anticipated and reiterated that job security and the impact on their members were amongst UTE’s main preoccupations.  

5. Back to business and Budget 2021 & 2022 – staffing growth

The Assistant Commissioner, Collections and Verification Branch, provided an update on recent budget announcements regarding additional measures that aim to make our tax system fairer. 

These measures will strengthen the CRA’s ability to target a full spectrum of compliance work, including initial verification, uncovering aggressive planning schemes, and prosecuting criminal tax evasion. 

Budget 2021 and Budget 2022 provided CVB with additional resources, which translates in approximately $60M in additional resources by 2024-2025, and reach $72M in additional resources by 2026-2027. He added that the CRA is continuously growing and as a result of this announcement, CVB will be provided with approximately one thousand additional full time employees (FTEs) to increase collection and verification work. The AC, CVB recognizes that this constitutes a challenge but indicated that there is sufficient time to onboard and train people. Coincidentally, this announcement for additional resources comes at a time when the Agency’s operations become more complex and challenging. Of note, despite the actual transition, the CVB continues to administer the COVID emergency benefits with care while securing program integrity. Nonetheless, the Branch’s top priority for the coming year will be the administration of its core programs. To achieve our goal to protect the integrity and fairness of Canada’s tax system, we need to achieve operational excellence through our validation, compliance and collections programs. Amongst all branches in the Agency, CVB has a unique set of roles in the compliance continuum. The AC, CVB shared great pride for the good work done in the Branch, from entry point, to reporting, to collections, and noted that it is part of the plan moving to continue to improve.  
In addressing comments formulated by the Auditor General, despite her concerns about the CRA’s ability to collect and audit, he said he feels confident the Agency will take on the challenge and meet its goal by 2025. He added that the challenge will rely on CVB’s ability to reach the goal for that new workload while continuing to administer its core programs. Based on what he heard from employees, his understanding is that CVB employees would prefer to go back to their original core programs workload. Emphasis will continue to be placed on client service when assisting Canadians in adapting to the post-pandemic environment. To that end, he expressed that none of what we want to achieve would be possible without a workplace that champions a workplace culture of respect, diversity, inclusion, trust and empathy.  

The Second National Vice-President said that the two scariest words to bargaining agents are strategic review. It appears to be only good news as the Agency is hiring new people, but he would like Management to confirm if the additional thousand FTEs will be hired on a determinate or indeterminate status. Although the CRA has implemented the three-year conversion for term employees, the growth of the Agency is a concern if it is only as a result of hiring term employees.   

The National President shared that while he was in Gatineau on November 28, 2022, during the National Day of Action rally, a journalist asked him if he heard rumours of job losses at the CRA at the beginning of 2023. He responded that he hadn’t heard such rumour, but he wanted to bring this to the participants’ attention.  

The Commissioner responded that he hadn’t heard that rumour. The Agency is growing and getting more work so he said he would be extremely surprised should there be job losses in the foreseeable future.  

The AC, CVB, responded that while he is not in position to speak for other branches, there is a need for CVB to grow its capacity to meet its operational requirements and this why the funding is ongoing and amounts have been allocated for the future. It is, however, too early to determine if the amounts will be used for the hiring of term or indeterminate employees as this is something that would vary from region to region. In the end, stable funding provides opportunity to change that equilibrium. The Commissioner added that the funding is ongoing. 

The National President said that based on all the work the Agency is doing, funding should not constitute an issue. The best protection for employees is to give them permanent jobs and job security.  

The Montreal Representative, Quebec Region, asked if the reallocation of resources by creating new positions and offering opportunities to employee from the contact centres is an option that could be considered.  

The AC, CVB responded that there is a competitive market and would like to explore different options for employees to move from one workload to another, especially for workloads that are operating on a full-time basis. He believes that a respectful workplace will make employees feel good at work.  

The Commissioner reflected on the ARAP and how it is used to determine if there are possibilities for doing things in a better way. Those are 2 different things but there is a link that can be made.  

The Assistant Commissioner, Assessment, Benefits, and Service Branch (AC, ABSB), indicated that there is a lot of interest and opportunities for employees in the contact centres to move to different areas in the Agency which makes retention in contact centres a challenge. ABSB is with the Regions, exploring different options that could be implemented in terms of career path for contact centre agents. There have been discussions in the last few years to identify workloads for which a common job description could be implemented and could be used by both the CVB and ABSB’s contact centres. A move in this direction could provide more flexibility for both agents and the employer. 

The Montreal representative indicated that retention in contact centres is very low as people don’t see an opportunity to be promoted. He noted that there are people who like to work in contact centres so if there is a possibility to be offered positions that are at higher levels than the usual SP-04 or SP-05 levels, he believes it could have a positive impact on retention. Contact centres are the first point of contact between the taxpayers and the CRA.  

The National President underlined that training is an expensive component and there is a risk associated with having unexperienced employees answering taxpayer’s questions. Employees may be more inclined to continue working in contact centres if there are opportunities for promotion as technical advisors or in a team leader capacity. With the extra funding, there could be more permanent positions offered which will, in turn, result in less employees leaving the Agency because of precarity and absence of job security.  

The AC, ABSB, indicated that it is challenging for her Branch to secure additional permanent funding. While they were able to obtain more investments, it was allocated for a temporary basis and as such, the monies will be used for term employees. In collaboration with the Regions, the plan is to offer more 2-year contracts which, she believes, will motivate employees to remain at the employment of the CRA for a longer period of time. 

6. Issues with consultation between the parties

The National President introduced the topic by stating that there are instances where consultations with the union is very good, such as the monthly meetings between UTE and the Journey to Hybrid team. On the other hand, consultations with other areas are more difficult with the lack of consultations, or for situations where Management takes decisions before the consultation process is completed. He added that a lot of negative comments on that subject were formulated at the table of the UTE executive council. He shared the example of the consultation on the revision of staffing programs, where at approximately 75% of the completion of the process, the Labour Relations Officer Shane O’Brien received an updated package notifying the union that the process had been finalized. While acknowledging that Management has control over the staffing at the Agency, he said that the union should be able to express their views and have a say. Another example of consultations not meeting their expected standards is on the delivery of the union-management training UMA103, where the union and Management have diverging views. He explained that it is in the best interest of both management and the union to have the training delivered in-person, which will facilitate discussions and help establishing good relationships between the parties. Furthermore, he believes that the unionmanagement relationship in some areas was impacted during the pandemic and it will be important to build or re-establish the rapport between the parties. He ended by asking some of his UTE colleagues to share other examples of situations where the dialogue appears to be broken.  

The Regional Vice-President Atlantic Region, brought forward scheduling issues for sessions of the well-being national advisory committee. The representative of the committee on the Management side initially suggested a meeting date that coincided with the UTE executive council. He was surprised Management didn’t want to reschedule the meeting despite the Chair and co-chair of the meeting not being able to attend with the rationale that the UTE president representative and a technical advisor would be in attendance and could therefore debrief them after the session. Following the intervention of a member of the UTE executive committee, the meeting was ultimately cancelled. The Regional Vice-President Atlantic Region representative reflected on what Management would do in a situation where half of its representatives was not be able to attend a consultation and if they would even hesitate to reschedule or not. 

The Commissioner addressed concerns about the UMA103 training and advised that it was an issue that was going to resolve itself. He added that one of the areas that is beneficial is the strength of this in-person training and there will be emphasis placed on resuming the in-person delivery of the course. Following a discussion with the AC, HRB, the Commissioner said he was confident there will be progress in that direction and this is something the Agency can handle. While he was agreeable to hear about other instances where consultations did not go well, the parties should not lose sight of the process that is working for the most part.  
The AC, HRB thanked the National President for raising this topic and said she was pleased to hear that Journey to hybrid consultations are doing well and appreciated by participants on both sides. Issues specific to consultations on Staffing and recourse processes will have to be investigated further before the AC, HRB can respond to the union’s questions and comments. She clarified that the Agency recognizes the importance of meaningful consultations and how it is directly linked to positive union-management relations. As outlined in the Union-Management Approach (UMA), she emphasized that both union and management play an equally active and important role in the consultative process. She explained that the UMA is the vehicle used by the CRA to put the principles of the Union-Management Philosophy into practice and as such, it continues to be fundamental in how business is conducted at the CRA.   

The AC, HRB, recognized that there may have been instances where communication between the union and Management could have been better, particularly in regards to following-up and concluding some of the consultation processes. Nonetheless, she assured the intent had always been to consult meaningfully. She reflected on UMA and indicated that parties should emphasise on working closely in building those relationships. Specific to the UMA103 training, she stated that there have been discussions to debate the in-person versus virtual options. She believes there are opportunities to get a consensus with the outcome of delivering the training in person.  

The National President said he was very upset about what happened for the scheduling of the well-being committee meeting, which is similar to issues encountered a year ago with a meeting being scheduled at the same time as the NUMCC of December 2022. He added that he has zero tolerance in a sense that if a meeting is scheduled between the Employer and the union, everyone should be able to attend. As a reminder for Management representatives, he invites them to verify UTE participants availability prior to sending meeting invites as this is something very important for them.  

The Regional Vice-President, Quebec Region, wanted to share some of his concerns regarding the use of official languages for documents and in-person consultations. He was aggrieved that despite more pressure for bilingualism in the public service, it seems like for CRA official languages translates in English as first language, bilingualism as second language and French comes in last place. He indicated that meetings are held almost exclusively in English and there are instances where documents are not always available in both official languages. While participants are always encouraged to use the language of their choice during consultations, not everyone is bilingual and he will speak English as not everyone can understand when he speaks French. It is understood that not everyone is comfortable with official languages, but he believes that documents should be in both languages at the very least and at least one person should be able to translate when simultaneous interpretation is not available during a consultation or training session. He concluded by saying that there should be more efforts placed into it especially with the focus on bilingualism in the public service.    

The Regional Vice-President Atlantic Region indicated that he is a member of the call centre committee, which is overlooking the CHB and CDB workloads. Being part of that committee is not a pleasant experience for UTE members, who feel they are not consulted meaningfully. During a recent meeting about variable hours, Management presented a PowerPoint presentation and a mention on the last slide indicated that in the event where the union would disagree with the suggested direction, Management will move forward with their plan regardless. He shared some of the other difficult situations he dealt with such as cancelling meetings with a 15-minute notice, sharing conflicting information, the absence of clear and concise communication for the CCATT, etc. If the union cannot be respected by Management, he believes it will be difficult to work together on a committee.  

The National President said the feedback he received from the ABSB Call Centre committee was very different from the feedback from the Debt Management Centre Committee (DMCC) within CVB. He was very satisfied of the good interactions with the CVB, particularly with the team of Director General Guy Lafrance. There are other areas where consultations are not done in the spirit of true and meaningful consultations. For example, Management will sometimes attend a meeting, present a finalized deck, and disregard any comment the union will make as if their decision was already made. It appears there are times where there is a clear breakdown in the communication. The National President indicated that reinforcement on the Management side would be appreciated as well as addressing the issues as they arise. Journey to hybrid consultations are a good example of good union-management meaningful consultations, even though there continues to be issues with the requirement to keep information contained at the higher level. He explained how this requirement can place the UTE executive members in a difficult place because of instances where information is shared with Management first, including Team Leaders who are UTE members. There is frustration within the ranks of the UTE as some UTE members are notified of important changes before information is no longer contained and shared with Regional Vice-Presidents. He would like to be notified in a timely matter of when information can be cascaded to the regional vice-presidents to avoid unnecessary irritants.  

The Montreal Representative indicated that there is a problem associated with UMA103 and what should be done virtually and what should not. It is challenging to build a relationship with people you can’t see, even more when you only see their name on a screen.   

The Commissioner said a message will be sent regarding respectful consultations and also recognized that we have to be mindful about the use of French during consultations and meetings. Overall, he will continue to reinforce the message about importance to consult meaningfully. At the end of the day, there might be some consultations where Management will consider comments and suggestions formulated by the union and decide to not incorporate their recommendation.   

The AC, HRB agreed with the necessity to reinforce the message regarding documents being available in both official languages. There are times when the rhythm of the work makes it difficult not being able to do so, but it is not a good excuse.  

In terms of UMA 103 and the benefits of in-person consultations, she believes we can all agree that it is important and there has been some committee meetings to look at this. She ended by saying it will be important to keep working together on fostering good union-management relations.  

The National President indicated that they will follow-up regarding the messaging.  

Commitment: Commissioner to send a message regarding respectful consultations and the importance of using French during bilingual meetings and consultations. 

CLOSING REMARKS

The Commissioner thanked everyone who participated. He recognized that some discussions can be difficult, but he remains optimistic that things could be better if union and Management can identify the irritants and address them before they arise. He encourages both parties to keep the line of communication open and is looking forward to the next NUMCC scheduled on June 15, 2023.  

The National President said it is still unclear what is going to happen between Christmas and June 15, 2023, but he said he was satisfied with the frank discussions during this meeting and hopes things will go as well as they can moving forward in mediation.  

The Commissioner and the National President wished everyone a happy holiday.   

 

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Bob Hamilton's signature
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Marc Brière's signature
Bob Hamilton 
Commissioner 
Canada Revenue Agency 
Marc Brière 
National President
Union of Taxation Employees
Date:  April 4, 2023 Date:  May 18, 2023


The introduction of Bill C-45 in 2012 resulted in changes for separate agencies listed in Schedule V of the Financial Administration Act. As such, all unionized separate agencies are now required to obtain a mandate for collective bargaining from the President of the Treasury Board through the Compensation and Labour Relations Branch. Separate Agencies conduct their own negotiations for unionized employees and determine compensation levels for non-unionized employees.