News

2020-11-03

Last week, the Treasury Boards Office of the Chief Human Resources Officer (OCHRO) issued updated guidance to departments on the use of paid leave under the 699 leave code that contained ambiguous language about employees needing to exhaust other relevant forms of paid leave first. This is to take effect on Nov 9th, 2020. OCHRO further released clarifying documents that make it clear that the employer has chosen to violate the terms of our members’ collective agreements and human rights in the name of political expedience.

What’s changed

As of now, departments are being instructed to not consider requests for leave under clause 55.01 of the PO Collective Agreement (similar clauses exist in all other Public Service collectives), which provides for “leave with pay when circumstances not directly attributable to the employee prevent the employee’s reporting for duty,” until all other forms of paid leave have been exhausted, including annual leave.

The RCMP has not shared their interpretation of these changes so it is not clear how this will affect the CM Category.

Why does this matter?

This guidance has the effect of unilaterally adding conditions and restrictions that are not part of the PO collective agreement, which is an unambiguous breach of the agreement and our freedom of association under the Canadian Charter of Rights and Freedoms. Moreover, the employer’s own gender-based-plus analysis of these changes shows the impact will disproportionately affect women and members of traditionally marginalized groups. These actions are discriminatory and a gross violation of your rights, not to mention an affront to the working relationship we’ve tried hard to maintain during this unprecedented time.

Furthermore, these changes create instability and uncertainty at a time when the second wave of the pandemic is hitting across the country. This compromises the mental health of the entire group and sets up unnecessary obstacles to those who want to respect public health directives for the good of all Canadians.

What comes next?

We have made it clear to the employer that this is not the time to gut a system that is working well to assist members in managing the pandemic. Instead they have decided to make changes that constitute a violation of your collective agreement, human rights and Charter rights. It is not the employer’s responsibility – nor that of the managers they’re delegating these decisions to – to choose which rights to uphold and which to reject in the name of politics.

Our union president has joined several other federal public service union presidents (total of 17) and sent a joint letter to the Treasury Board Minister yesterday expressing our concerns (ie: health, labour relations and human rights) asking him to direct his staff to backtrack on this new direction.

If you are refused access to leave code 699, contact your steward or regional chairperson and we will assist you and, if appropriate, immediately begin the process of filing a grievance on your behalf. In the meantime, we will also be filing a policy grievance on behalf of the group. Analysis has already begun on further formal action including complaint(s) to the Public Sector Labour Relations and Employment Board, under human rights legislation and regarding the violation of your Charter rights.

All members are encouraged to schedule all personal and annual leave credited this year, if at all possible, to avoid the employer scheduling your annual leave or denying access to 699 leave on the basis that you have unscheduled annual leave.

2020-10-28

In September, the Federal Public Sector Labour Relations and Employment Board (FPSLREB) finally moved forward on this file regarding the disclosure issue that was previously raised. We are still seeking copies of relevant records from the employer. Some records were partially provided previously, and most were heavily redacted. Treasury Board responded by asking for an extension on the disclosure deadline to October 15th. We have still not received a response. On October 15th, our lawyer sent a formal response about this to Treasury Board and the FPSLREB which also reaffirmed our position to move ahead with a virtual hearing as soon as possible.

We continue to be active on this case. We will keep pushing for this disclosure and for a hearing as soon as possible. We are ready and it is far from over. We are not done with this by any stretch of the imagination.

Our first hearing at the FPSLREB, occurred back in December 2019. At that hearing, instead of dealing with the complaint at hand, the employer put up roadblocks relating to disclosure and the hearing was adjourned until June 2020. The hearing scheduled for June was postponed due to COVID-19.

The Public Service Police Operations Support group (PO – TCO and IMA subgroups) is pay matched to the Civilian Member Law Enforcement Support group (LES – IM and TO subgroups). These groups are pay matched to the Regular Member (RM) pay and have been decades. This may change during the collective bargaining process; however, our position is that it has not changed yet and no changes to this pay structure has ever been communicated to us.

In 2016, RMs were given a 2.3% market adjustment pay increase and we were denied this same pay increase. Around the same time, we applied for union certification and the RCMP has been trying to re-write history after the fact. We will not let this go. By all accounts, we should have been provided this same pay increase in 2016 and we will keep fighting to make sure that we get it.

2020-10-26

The work on negotiating our first Collective Agreement is continuing – full steam ahead! This is, by far, the single most important task we are working on for the benefit of all our members.

As we noted previously, there were delays caused by Treasury Board’s assigned negotiator retiring. They have now assigned a new negotiator to work with us. We are familiar with her as she was the same person we worked with when we were bargaining our first Memorandum of Agreement that allows us to conduct union business and represent our members in the workplace.

The new negotiator has been updating herself on our file and she seems eager to get going. We are currently in talks about scheduling the bargaining processes as well as outlining the terms for virtual bargaining. We are hopeful that the formal bargaining process will kick off in the next couple of months.

In the meantime, the Bargaining Committee continues to meet virtually as we refine our research and initial proposals. We must have a collective agreement that will blend the CMs, PSs, IMs, and TOs and ensure that the disparity created by the employer is corrected while considering the unique needs of each group.

Keep in mind that that bargaining in good faith involves a great deal of confidentiality. We cannot share specific points in the proposed agreement until it comes time for a ratification vote. We must also not publicly share priority items or negotiating strategies because then the employer would know what is most important to us. However, we will keep everyone updated with the major milestones of the collective bargaining process.

If you have questions about the collective bargaining process or where we are at in that process, please contact your local steward.

NOTICE OF SETTLEMENT APPROVAL

RCMP Gender and Sexual Orientation Based Harassment and Discrimination Class Action

Did you experience gender or sexual orientation-based harassment or discrimination while working or volunteering with the RCMP?

You may be eligible for compensation.

If you are a female or identified as a female and work or volunteer with the RCMP, or did so in the past, you may be eligible for compensation.

On March 10, 2020, the Federal Court approved a settlement of the class action Tiller v. Her Majesty the Queen. The class action concerns allegations of gender and sexual orientation-based harassment and discrimination within the Royal Canadian Mounted Police (“RCMP”).

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General Membership meeting

Good day CUPE 104,

This is your official notification as required by the bylaws that we will be holding a General Membership meeting.

Dates:

Wednesday July 15, 2020 – 1800 – 2000 Eastern
Friday July 17, 2020 – 1200 – 1400 Eastern

Due to the pandemic, these meetings will be held online using Zoom exclusively.  Please ensure you are set up for the app prior to attending.

Zoom information, union reports and amendment proposals will be disseminated to the membership on Monday July 13 at 1800 Eastern.

As per the bylaws, the order of business shall be:

• Roll call of officers
• Reading of the Equality Statement
• Voting on new members and initiation
  Membership list to be voted upon
• Reading of the minutes
  Submitted in writing ahead of time
• Matters arising from the minutes
• Secretary-Treasurer’s Report
  Budget to be presented for approval 
• Communications and bills
  Submitted in writing ahead of time
• Executive Board Report
  Submitted in writing ahead of time
• Reports of committees and delegates
  Submitted in writing ahead of time
  Amendments to bylaws to be presented for approval (Current bylaws)
• Nominations, elections, or installations
• Unfinished business
• New business
• Good of the Union
• Adjournment

Your questions relating to these topics may be submitted prior to these meetings to secretary@cupe104.ca.

To ensure you receive these notices, please complete the membership form.

In Solidarity,
Your CUPE 104 Executive

Dear CUPE 104 members,

When this year started it was the first year of a new decade and it was met with such optimism and referred to in jovial ways… references to 20/20 vision, the year of hindsight, etc. Wow, did it ever take a turn! Like a plot twist right out of a bad movie! Much of it surreal and unimaginable just a year ago. It even seems like an eternity since we dealt with fighting deeming that would have seen CMs forced onto Phoenix and further burdening it for our PSs! Since then, a deadly pandemic has come to our doorstep. Our economy has hit unbelievable lows. Canada’s largest massacre in recent history happened. To further this, a horrific death caused by a police officer, in the US, that was captured on video sparked outrage, protest, and mistrust in the police which has been felt in Canada and in the RCMP. Your professionalism and dedication never wavered throughout.

Please hang in there, talk to your mates, your friends, your family and or the multiple resources the force has and remember that your stewards and executive are just a call or email away. I want to point out that we keep hearing the same mantra when it comes to seeking help. That there are all these resources and they are great resources, but we keep hearing “reach out if you need help” which can be a problem. I can speak from my personal experience when I say that when you are in crisis you often don’t know how bad things are until it gets really bad. One often doesn’t know that they need help until things reach a tipping point. Take cues from your loved ones and colleagues and how you relate to them. If people seem like they are tip-toeing around you, if you feel like you have a shorter fuse, can’t get certain things off of your mind, that your mind is racing, that you can’t sleep and that you are withdrawing from things you used to like doing, then it IS a very good time to reach out because you likely need help. Please don’t ignore such cues.

Please continue to check in on your mates regularly. ESPECIALLY check in on them if they are off duty sick. Don’t assume they don’t want to be bothered. It’s likely that they don’t have it in them to reach out and maybe yes, they may not want to be bothered much. Being off duty sick can be an extremely confusing and lonely time. It’s not a matter of talking to them about critical events. Just get in touch somehow to say you care. Maybe send a caring message, do a video chat, have a coffee, a walk, a driveway or patio visit.

I was struck by something a very special “H” Div OCC operator who has been through a lot lately said this week that I wanted to share as it might be helpful. With so much going on she made the conscient decision to drastically shift her focus to why she originally started working for the Force and the OCC and that was “to help people”… “Gonna shift my focus back to that, and away from everything that has been happening and go to work with the determination to remember why I’m there, why I originally started working there… whose day can I make a little better, even if it’s the worst day they’ve faced so far”.

Let’s take care of ourselves and continue to look out for each other during these trying times. WE WILL GET THROUGH THIS TOGETHER! Summer is here. Let’s try and enjoy some great weather, our friends and family, and make some great memories for 2020.

Sincerely,

Kathleen Hippern – CUPE 104 President

As many of you may know, “H” Division OCC is scheduled to move from Truro, NS to the provincial RCMP HQ building in Dartmouth, NS in February 2021. One of the employer’s reasons provided for this move was the health and safety of employees. This did not make sense from the beginning, especially given the information and facts that everyone local knew.

It seemed natural to ask for health and safety information so, that’s what we did; we requested the latest air quality reports and security assessments for the new location. Initially, we were told that we would be provided the air quality report within weeks of that first request. However, those weeks went by and the employer refused to provide the reports.

Air quality reports are routine and not a secret so, refusing to release the report seemed very strange. We then made a request through the Access to Information and Privacy (ATIP) process. Again, the RCMP put up roadblocks to releasing the report and continued to delay. Finally, we had to put in a complaint with the Information Commissioner of Canada.

Last week, as a direct result of the complaint to the Information Commissioner of Canada, we finally received the report. The report showed alarming levels of Radon present in the space where the new OCC is supposed to be built. The levels reported surpass the World Health Organization’s 100 Bq/m3 threshold and even Health Canada’s threshold of 200 Bq/m3. Radon is the second leading cause of lung cancer. We immediately reported this to the Occupational Health and Safety Committee of the Truro (current) location for their awareness. We also alerted the Health and Safety specialists at CUPE National who put an analysis together of the reported results.

We have advised management and the OCC Move project team lead. Now that they knew we had the report, they finally agreed to speak to us about it. The employer said they are working on mitigation and they seem to think the issue is resolved. They told us they are keeping a close eye on it but, they still have not shared any further reports we have requested to prove the mitigation is working to improve the Radon levels.

We are deeply troubled by the lack of communication and continued secrecy surrounding this whole workplace relocation. These important health and safety issues are the latest in a long line of issues surrounding this move. The health and safety of our members is extremely important, and we will continue to ensure a safe working environment for all of our members in all work locations.

Throughout the COVID-19 pandemic, you, our members, have been demonstrating incredible flexibility, creativity, caring, and dedication to your work helping Canadians. We have heard so many great examples of our members continually working hard on day-to-day duties, special projects, and adapting to the reality of the situation with amazing professionalism.

Some of our members have adapted their duties to work remotely, many have been involved in ensuring our safety when at the workplace, and everyone has remained completely dedicated to providing critical service to Canadians. We love hearing these examples and we need to hear about them to illustrate our critical work to the employer at the bargaining table.

During this time, we have been extremely engaged with management in both day-to-day activities as well as on several Divisional and National Committees.

Local Engagement

Our Stewards and Executive have been in contact with many of your managers throughout this pandemic response. Many of us sit on divisional committees and working groups and in many cases, the employer has been asking for our input when developing their local pandemic response and recovery plans. This engagement is possible because of the hard work and relationships being established by our Union officials.

National Occupational Health and Safety Committee Meetings

As you know, we have a seat at the table on both the RCMP Member and RCMP Public Service National Occupational Health and Safety Committees. Throughout this pandemic, we have been fully engaged in both committees; our President has been very vocal on issues related specifically to your health and safety. This has been especially important during the current pandemic because many of you, as critical workers, must attend the workplace. Some of you also must stay home for your children, families, or to protect yourself from the virus. Many of you brought up very serious concerns and these were all raised at these bi-weekly meetings, escalated, and addressed as necessary.

National Joint Council / Treasury Board Meetings

Joining the National Joint Council (NJC) has been extremely beneficial. When the pandemic issue hit hard in March, we were part of especially important conversations right from the beginning. As part of the NJC, National Union Presidents, including ours, spoke directly with Treasury Board (TB) and had daily meetings with them on how to proceed. We directly influenced the directives that were written up with the first-hand knowledge of how to best protect our own members rights. Treasury Board was great to work with on this by giving us this direct voice.

These directives were sent to the department heads by TB to enact. So, in essence, many of the COVID-19 related bulletins, directives, and broadcasts that you see on the InfoWeb or in your e-mail are a DIRECT result of the work our Union is doing. This is especially thanks to our President and the other Union Presidents working collaboratively with TB as part of the NJC.

This working group has been amazing and extremely productive. If, for some reason, one of the departments did not comply, we would bring it up to our own department first (i.e RCMP) and if they still went against the directives, we would simply mention it on our daily calls with the NJC and TB and it would be immediately resolved. It was incredible to see TB give us this direct opportunity to help drive the pandemic protocols and response. It really has showcased the incredible results that can be achieved through collaboration with the employer and the Unions.

Following the initial response, these meetings changed to twice a week and now they have been changed to once per week. This is a great sign that things are stabilizing. Plans to reintegrate employees to the workplace are being developed but that does not mean that those that are at home should go back to work. In fact, it is the NJC Bargaining Agents position that people should continue to work remotely as much as possible.

If your manager or supervisor is changing their approach with all of this “return to work” talk and it concerns you, please let your Steward know immediately. They will work with you and escalate to our Executive, as necessary. For example, we are seeing some members being asked for a medical certificate when they are already at home due to medical related COVID-19 concerns. Medical certificates, including 2135s, are not required and this has been confirmed with RCMP and Treasury Board. We are also seeing some members facing pressure from management about coming back to work, even though they are away from the workplace for COVID-19 reasons, such as childcare, and their situation has not changed. If something doesn’t smell right, please bring it forward to your Union immediately.

Bargaining Agent / Senior Management Committee Meeting

When the COVID-19 pandemic hit hard, the RCMP went into full force work mode. What they did not do was involve the Unions right from the start. This caused some issues because decisions were being made without input and consultation with the Unions which caused frustrations. It was a lesson learned and was rectified.

The RCMP Commissioner struck this Bargaining Agent / Senior Management Committee that included her, her senior staff, and Union Presidents. These meetings were held weekly and then became bi- weekly and are still occurring now. These meetings have been productive, and we have been vocal, representing your interests. We are able to get ahead of many issues before they impact our membership and it is critically important to keep your Stewards apprised of any issues so that we can continue to escalate and resolve these as well.

For the most part, RCMP Senior Management has reacted positively to suggestions that we have made. This committee is another example of building communication and trust between us and management. These collaborative relationships are paramount to ensuring the best working conditions for our members. We continue to take every available opportunity to engage with the employer and management to represent our members.

2020-06-28

While COVID-19 did slow things down for a little bit, your bargaining committee is back at it, working hard on preparations. Your impassioned and energetic team has been meeting virtually and getting some great work done.

We previously made our position known to the employer that we are eager and want to get to the table immediately, this has not changed. The employer had a negotiator assigned to work with us but now, that person is retiring, and they are in the process of trying to hire someone else. Once they hire someone, it will take them a little bit to get familiar with our unique case.

We will keep at them on this. We need a collective agreement that will blend the CMs, PSs, IMs, and TOs and ensure that the disparity created by the employer is corrected while considering the unique needs of each group. There is no doubt, especially with what we have seen recently, about how critical to Canadians your work is. Our working conditions and contract must reflect this.

There is a perception that we are “ahead” of the National Police Federation (NPF) when it comes to who should sit at the table first because we certified before them. It does not work that way. Treasury Board, the employer, has several negotiators and they all work simultaneously. We are not assigned the same negotiators and each negotiation process proceeds at its own pace.

Comparing us with the NPF is like comparing apples and oranges when it comes to bargaining. While most of our working conditions and pay scales have historically been tied to the Regular Member in one way or another, we face the complexities of merging four different groups (CMs, PSs, IMs, and TOs) and correcting the disparity between the groups that was created by the employer. We need to be cautious and not rush. Preparation is paramount.

If the NPF negotiate or even complete their bargaining before us, it is not a bad thing for us. Since we have historically been linked to them, depending on what they work out, we may be able to more easily bargain some of the same items, using for example, “me too” clauses (really worth a Google).

The bargaining process is very complex and there are a lot of strategic considerations to ensure we get the very best contract. Even though we are not sitting at the table right now, every interaction we have with the employer is part of the bigger picture of bargaining. We are constantly negotiating one thing or another on your behalf and all of the points in the June Update message are examples of that.

We will keep everyone updated with the major milestones of the collective bargaining process. Please remember that bargaining in good faith involves a great deal of confidentiality. We cannot share specific points in the proposed agreement until it comes time for a ratification vote. We must also not publicly share priority items or negotiating strategies because then the employer would know what is most important to us.

If you have questions about the collective bargaining process or where we are at in that process, please contact your local steward.

2020-06-26

Our hearing at the Federal Public Sector Labour Relations and Employment Board (FPSLREB) about the 2.3% market adjustment we were denied in 2016 was previously scheduled to occur this week (June 22-24). To our great disappointment, all FPSLREB hearings, including ours, were postponed due to COVID-19. A new hearing date has not been scheduled yet by the FPSLREB.

We are still very active on this case and the employer has not been cooperative with some pre-hearing disclosure. This was the cause of the delay back in December. We have been escalating this matter and our lawyers are working on this. We are ready and it is far from over. You can rest assured that if this is not resolved by the time we hit the bargaining table, it will be one the first items brought up. We are not done with this by any stretch of the imagination.

The Public Service Police Operations Support group (PO – TCO and IMA subgroups) is pay matched to the Civilian Member Law Enforcement Support group (LES – IM and TO subgroups). These groups are pay matched to the Regular Member (RM) pay and have been decades. This may change during the collective bargaining process; however, our position is that it has not changed yet and no changes to this pay structure has ever been communicated to us.

In 2016, RMs were given a 2.3% market adjustment pay increase and we were denied this same pay increase. Around the same time, we applied for union certification and the RCMP has been trying to re-write history after the fact.

We will not let this go. By all accounts, we should have been provided this same pay increase in 2016 and we will keep fighting to make sure that we get it.