COVID-19 Information as provided by RCMP Management

Update #2

Vulnerable employees

Public health officials know there is an increased risk of more severe outcomes for some Canadians:
– aged 65 and over
– with compromised immune systems
– with underlying medical conditions

If you fall into one of these categories, we urge you to speak to your manager and work from home if able to, or if unable to telework, to submit “other leave with pay,” (leave code 699). At this time, public health officials have indicated there is insufficient evidence to say that pregnant women are at greater risk, however we encourage our pregnant employees to consult their health care providers and talk to their managers about working from home.

If you have questions regarding the RCMP’s official and current procedures regarding COVID-19 and its various issues, please ensure you consult the “COVID-19 – Addressing Important Topics for Employees” page on the Infoweb.  If you do not have access to the Infoweb, please reach out to your manager or check the RCMP’s public website for information.   If you have specific workplace concerns that are not being addressed by management, don’t forget to contact your steward or Regional Chairperson for assistance.

We wish to thank everyone for your amazing work and dedication during these difficult times.
Additional resources:

COVID-19 Update #1

Our President has been involved in daily teleconferences with senior members of the Treasury Board and the RCMP. There are several key topics including working conditions and occupational health and safety. As part of the National Joint Council (NJC), our Union has a voice at all of these meetings along with other bargaining agents currently representing employees of all federal government departments, which includes the RCMP.

As part of the NJC and also as part of the RCMP National Occupational Health and Safety Policy committees, we have been advocating on many fronts.

  • We have raised concerns about the lack of communication from RCMP management as well as the inconsistent application of Treasury Board and RCMP directives. We are pleased to see that this is improving.
  • We are continuing to push to ensure that Personal Protective Equipment (PPE) is ready and available to our members, if needed.
  • We are trying to ensure availability of high demand hygiene items such as hand sanitizer and wipes.
  • We are ensuring Telecom Operators and Intercept Monitors are included in Business Continuity Planning at all levels because disruptions to the critical functions performed by our members would have significant impacts on public safety and emergency response.

It is very important that everyone follows the guidance and advice from federal / provincial / territorial health authorities. The Public Health Agency of Canada has excellent information and updates available on its website – https://www.canada.ca/covid-19.

Anyone who has travelled out of the country needs to self isolate for 14 days. This includes all of our members. We are not exempted from this. If your manager is telling you to come to work anyway, please contact your Steward and/or Regional Chairperson for assistance.

We are all driven and dedicated to our work and often feel compelled to go to work when sick so that we do not “let our co-workers down” or “have them run short”. Please consider the bigger picture and try looking at it from another perspective. If one person goes in sick, the potential is there to make others sick, and so on. Although the intention may be good, this has the possibility to significantly decrease available staffing resources or even wipe out an entire workplace. Staying home when you are sick will actually help the staffing and workload situation.

At this point, management should be providing extra hand sanitizer, wipes, and tissues. They should be arranging your work site so that you are all working a safe distance away from each other.

These are some examples of management actions that are reasonable and encouraged:

  • Reduce or restrict communal items, such as magazines.
  • Reduce staffing levels to the minimum required to maintain critical operations.
  • Have employees work from home, if they are able and it makes sense.

The following are examples of actions that, at this point in time, are not reasonable:

  • Restricting employees from eating at their workstations.
  • Advising sick employees to come to work.
  • Advising employees in self-isolation to come to work if they are feeling fine.
  • Asking employees to provide a doctor’s note.

Things are changing on a daily basis. It is possible that some of us may be redeployed to ensure critical operations across the country. It is also possible for leave to be cancelled and / or restricted further. There are provisions in RCMP policy and the TC collective agreement that deal with re-deployments as well as leave cancellations. If you have travel plans or have booked / paid for vacations over the next while, now is the time to review the applicable policies and articles in the collective agreement to be aware of your responsibilities as well as the responsibilities of the employer in these situations.

Please continue to let your Steward or Regional Chairperson know of any issues at your work site. If there are unreasonable requests or directives coming from management, we will work to resolve them.

These are uncertain times and things are changing on an hourly basis. Thank you all for your flexibility and dedication to keeping Canadians safe. We will get through this together.

Executive contacts – https://104.cupe.ca/contacts/

Contact us – https://104.cupe.ca/contact-us/

Deeming and Phoenix

The Treasury Board President made a big decision on delaying deeming and we are watching closely to see how this will be implemented.

We agree that delaying the transfer of almost 4000 Civilian Members of the RCMP from a stable and working pay system to the broken Phoenix pay system was the correct thing to do. There are many thousands of public servants who are struggling on the Phoenix pay system including many within our very own union local. The focus for the government must be on our current Public Service Employees by ensuring all resources are dedicated to ensuring every one is properly and promptly compensated.

We understand that some members put in retirement papers in advance of deeming and, due to the postponing of deeming, want to change their retirement plans. We were originally assured that the RCMP would deal with this on a case-by-case basis. Earlier this week, the RCMP’s Chief Human Resources Officer advised us that they were choosing not to allow any employee to rescind their retirement plans. Obviously, this is not acceptable.

In 2017, when deeming was postponed, the RCMP allowed anyone who was impacted by the decision to change their retirement plans. Our President has made our concerns crystal clear to senior RCMP management, including the Commissioner, as well as to senior management at the Treasure Board. A letter, co-signed by our President and the PIPSC President, Debi Daviau, has been sent to senior management of the RCMP and the Treasury Board. The RCMP Commissioner has since advised that she will need time to look into this, given the current events, and in the meantime, she will ask RCMP Compensation Services to hold off on processing any retirements that employees have requested to cancel. If you are impacted, please do not hesitate to request your retirement be rescinded. Please also consider advising your Regional Chairperson so they can keep our President in the loop when dealing with the employer.

The legislation passed in 2013 provided the employer with the option to convert Civilian Members to Public Service Employees at a later date, if they chose to do so. There were decisions made by the employer in advance of potential deeming and before Telecommunications Operators and Intercept Monitors were unionized that has caused disparity within our groups. We will correct this together through the collective bargaining process.

This disparity created by the employer continues to be deeply troubling and difficult for all of our members. Our members have demonstrated great flexibility and patience through these uncertain times. We represent all categories of employees and deeming has effects on both Civilian Members and Public Service Employees. We will continue to advocate strongly for all of our members, regardless of category imposed by the employer.

Please continue to reach out to your local Steward or Regional Chairperson with any issues and we will work together with you to resolve them.

Executive contacts – https://104.cupe.ca/contacts/

Contact us – https://104.cupe.ca/contact-us/

Bargaining Update

We have been in contact with the Treasury Board to reaffirm our desire to move ahead with bargaining as soon as possible. They have advised that they are not yet ready. Meanwhile, our bargaining team continues to work hard on preparations. It is important to note that deeming does not affect bargaining and we are all eager to get to the table.

We do not know if the Regular Members (RMs) will go to the bargaining table before us but it is important to know that their situation is not the same as ours. We are not in the same position as them. We have two different categories of employees as well as two completely different sets of terms and conditions of employment and various employer policies that we are bringing forward into one single contract.

We are eager to get this formally going but we also do not want to rush this very important process of bargaining our first contract. We have a different negotiator than the RMs and we are not queued up in front or behind them.

We have CUPE National’s support and immense experience behind us and they continue to actively assist us with researching other contracts, benefits, and precedents to support our position when bargaining.

Government Forcing More Employees to Failed Phoenix Pay System

FOR IMMEDIATE RELEASE: Feb 9, 2020

The Government of Canada is planning on removing almost 4000 additional employees from their stable, working pay system and forcing them onto the Phoenix pay system debacle as early as May 2020. The Phoenix pay system remains broken and unstable. It continues to cause Canadians irreparable financial hardship, mental anguish, and is destroying people’s lives. It is unconscionable and irresponsible for the Government to willfully force more employees, who are currently on a working pay system, onto the Phoenix pay system.

The Government should be directing all available resources to resolving the tens of thousands of outstanding pay issues caused by the Phoenix pay debacle. Instead, the Government has spent significant time, money, and other resources preparing to force these additional employees onto the broken Phoenix pay system.

On January 30th, 2020, at an information session for RCMP employees, the Government and the RCMP boasted about implementing over 2000 “fixes” to Phoenix and told employees in attendance that they have thoroughly tested their transition measures. They refused to provide information about how effective these fixes have been and in some cases the fixes had only been implemented the night before the information session.

To this day, the Government states that “The pay issues currently being experienced by public servants are unacceptable, and we are working tirelessly at all levels to resolve them.” https://www.tpsgc-pwgsc.gc.ca/remuneration-compensation/services-paye-pay-services/centre-presse-media-centre/mise-a-jour-update-eng.html

CUPE Local 104 represents approximately 1200 RCMP employees across Canada who are police communication specialists, including 9-1-1 Call Takers / Dispatchers, Police Telecommunicators, and Communications Monitoring Analysts.

Active petition supported by Member of Parliament Lenore Zann: https://petitions.ourcommons.ca/en/Petition/Details?Petition=e-2417

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Phoenix Petition

The government is planning on moving almost 4000 of our Civilian Member (CM) colleagues onto the HORRIBLE and broken Phoenix pay system. It is destroying peoples lives financially and more. RCMP CMs are already on a great pay system that isn’t going anywhere and will continue to pay the Regular Members (who are not being made to move to Phoenix). Our PS colleagues that are already on Phoenix need all the help and attention they can get without having resources diverted to the CM’s. Everyone deserves to be paid completely and on time. EVERYONE!

PLEASE feel free to sign and share FAR AND WIDE to friends, family, acquaintances etc and feel free to encourage all of them to do the same. To sign please click on button on the bottom of petition that says “sign the petition” and then check your email (and your junk/spam folder) to finalize your vote.

Link to Petition

CUPE Local 104 Joins Phoenix Damages Agreement

This weekend, CUPE 104 signed on to join other federal public service unions in the tentative agreement with the employer to provide damages to public service workers in light of the ongoing Phoenix pay debacle. This agreement applies to all public service employees who are or have been members of the PO group or any other group represented by the signatory unions. Civilian Members are not paid by Phoenix and are not covered by this agreement.

As always, please report any pay issues to your Steward or Regional Chairperson and we will help get them resolved any way we can. Regional Chairperson contact information can be found on our website.

Things you need to know about the Phoenix compensation agreement:

Compensation has been awarded to all members paid by Phoenix for the frustration caused by the failed pay system.

You will get up to 5 days of leave.

Note: For the PO group, 1 day of leave is equal to 7.5 hours.

If you are a current member who has been working for the public service since 2016, you will get 5 days of leave.

If you joined or left the public service after 2016, your leave will be calculated based on the fiscal years in which you were employed: 2 days for 2016/2017 and 1 day each for 2017/2018, 2018/2019 and 2019/2020.

If you are no longer employed by the public service, you will get reimbursement equal to that leave through an expedited process.

You will receive all money owed to you.

This agreement provides additional collective compensation to members paid by Phoenix for enduring the frustration of Phoenix. You will also receive any outstanding money owed to you.

You will get additional compensation based on your individual case.

You will further receive personal compensation for financial losses, suffering and hardship that you experienced individually as a result of Phoenix.

Your employer must implement a new pay system.

Your employer must still stabilize the current payroll system and continue to work to find a replacement system as quickly as possible.

You will get additional compensation won by other unions.

All bargaining agents have been negotiating compensation with the Treasury Board together. You may have seen in the news that one of our sister unions has decided to negotiate for their compensation through a different process. Should those negotiations result in any additional compensation, it will be added to this agreement as well.

This agreement provides new processes for reimbursement of sick leave and compensation for mental anguish, trauma and personal hardship caused by Phoenix.

You will be able to file claims for your individual case. You can be reimbursed for sick leave used because of the impact of Phoenix.

The claims process for expenses and financial losses as a result of Phoenix remains the same.

You can continue to claim expenses and losses that are a result of Phoenix. This process will be available to public servants as long as there are claims being made. For interest on missed pay, various lost opportunities and claims for human rights discrimination or other serious harms, there is a $1500 threshold.

A more expedited process will be implemented to deal with claims related to discrimination for those accessing maternity, parental or disability leave.

This agreement provides an expedited grievance process.

You will now be able to file one claim for all of your issues with Phoenix. If any part of this claim is denied, it can then be grieved and the employer will issue one decision. The unions and the employer are working on developing a faster, more effective adjudication process to address outstanding grievances.

For more information:
Joint Statement: Federal unions approve agreement on Phoenix damages
FAQ: Phoenix Damages Agreement

FAQ: Phoenix Damages Agreement

This agreement applies to all public service employees who are or have been members of the PO group or any other group represented by the signatory unions. Civilian Members are not paid by Phoenix and are not covered by this agreement.

1. What is being awarded?

2. Does this mean I won’t get the pay I am owed due to Phoenix?

3. I wasn’t affected directly by Phoenix, does this agreement apply to me?

4. Which period do these damages cover?

5. Does this mean I won’t be eligible for other damages?

6. How long will it take for the leave days to be added to my leave bank?

7. What if another union negotiates a better settlement?

8. I have retired or left the public service. Am I eligible?

9. How was five days of leave reached as appropriate compensation?

10. What are the criteria to use the leave days? It is the same as vacation days?

11. Can I cash out the leave days?

12. Can we expect more leave days in the future seeing how Phoenix issues will continue?

13. I have incurred direct expenditures due to Phoenix, what should I do?

14. I had to use sick leave because of stress related to Phoenix, am I eligible for compensation?

15. I was severely impacted by Phoenix, do I have another recourse for more damages?

16. How does this Phoenix damages agreement affect collective bargaining?

17. How did CUPE 104 come to agree to this?

18. What happens if there is a change in government as a result of the upcoming election?

 

1. What is being awarded?

As a starting point, up to five days of leave are being awarded to every employee (2 days for employees who worked at least one day in 2016-17, 1 day for 2017-18, 2018-19 and 2019-20 respectively). Note: For the PO group, 1 day of leave is equal to 7.5 hours.
In addition, we have also created an expedited process for resolving more serious damages cases and expanded what is eligible for reimbursement.

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2. Does this mean I won’t get the pay I am owed due to Phoenix?

You will still receive any outstanding amounts owed to you that you have not received due to Phoenix.

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3. I wasn’t affected directly by Phoenix, does this agreement apply to me?

Yes. Broadly speaking, this agreement contains three tiers of damages. The first-tier, which provides additional days of leave, applies to every public servant who worked at least one day in a position represented by one of the signatory unions since 2016. The second-tier extends the Phoenix-related expenses eligible for reimbursement for those who were directly affected and the third-tier deals with additional damages for those who faced hardship.

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4. Which period do these damages cover?

The agreement covers damages for the following four fiscal years: 2016-17, 2017-18, 2018-19 and 2019-20.

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5. Does this mean I won’t be eligible for other damages?

No. In fact, the agreement creates a faster, dedicated process for resolving individual claims. This agreement does not close off the possibility of negotiating further compensation at the bargaining table or further negotiations outside of collective bargaining should they be warranted.

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6. How long will it take for the leave days to be added to my leave bank?

The Employer has committed to fully implementing the agreement within 150 days of signing. The 5th day of leave is to be credited within 150 days of the end of the 2020 fiscal year-end.
As employees who have retired or left the public service need to apply for a cash-out, this process may take longer.

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7. What if another union negotiates a better settlement?

In the highly unlikely event that another union secures improvements to this deal, the Employer has committed to making those same improvements to this deal.

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8. I have retired or left the public service. Am I eligible?

In order to qualify for each fiscal year’s worth of leave, an employee needed only to be employed for one day in that fiscal year(s), whether or not they were on leave, assignment or otherwise not active.

For example, if your last day with the federal public service was September 1, 2018, you will get four days of leave credited to your leave bank (for the 2016-17, 2017-2018 and 2018-19 fiscal years) if you began working with the federal public service before March 30, 2016.

These days are subject to any applicable statutory deductions and are non-pensionable.

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9. How was five days of leave reached as appropriate compensation?

The five days of leave were reached as an attempt to address the immense frustration caused to employees and as a product of negotiation with the employer. Leave was chosen instead of a monetary form of compensation, as it is a tangible benefit that is both flexible and easily administered without having to further bog down the Phoenix pay system.

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10. What are the criteria to use the leave days? It is the same as vacation days?

All of the criteria are the same as the annual leave provisions in your collective agreement.

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11. Can I cash out the leave days?

These additional days are treated the same as annual leave and are subject to the same cash-out provisions in your collective agreement.

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12. Can we expect more leave days in the future seeing how Phoenix issues will continue?

Further negotiations will take place later in this fiscal year if Phoenix is still affecting members. For as long as there are Phoenix issues, we will seek damages and compensation through all appropriate channels.

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13. I have incurred direct expenditures due to Phoenix, what should I do?

You can complete a Claim Form for Additional Financial Expenses Incurred Because of Phoenix Pay System Errors here:

https://www.canada.ca/en/treasury-board-secretariat/services/pay/claim-form-expenses-incurred-phoenix-errors.html

You may also contact your Steward or Regional Chairperson for assistance.

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14. I had to use sick leave because of stress related to Phoenix, am I eligible for compensation?

The agreement allows for the reimbursement of sick leave for members who took sick leave because of Phoenix. There is no threshold for this reimbursement.

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15. I was severely impacted by Phoenix, do I have another recourse for more damages?

Employees will be able to file claims and the employer will engage in a detailed review of these claims. A threshold of $1,500 will apply, in some cases. It’s also important to recognize this is not a deductible amount; if an arbitrator ultimately rules that you are eligible for $5,000 in compensation, you will get all $5,000.

There is no threshold for sick leave reimbursements or reimbursement of out of pocket expenses.

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16. How does this Phoenix damages agreement affect collective bargaining?

The collective bargaining process is not affected. This is a partial grievance settlement not a collective agreement.

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17. How did CUPE 104 come to agree to this?

The National Joint Council bargaining agents agreed to engage in these discussions with the employer nearly two years ago in an attempt to resolve a number of policy grievances and complaints filed by bargaining agents. The settlement is a result of negotiations at that table and the Bargaining Agent heads have come to agree with the settlement.

CUPE 104 was invited to sign this agreement late last week. Our Executive fully reviewed the agreement, discussed it with the bargaining agent representatives on the committee, ensured it was reviewed by lawyers, and unanimously agreed to sign the agreement.

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18. What happens if there is a change in government as a result of the upcoming election?

A change in government will not change the Employer’s responsibility to honor the agreement.

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