To submit your name for the vacant position on the CUPE Local 104 Executive, download the form from the link below and submit it to elections@cupe104.ca.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
You may also contact your Steward or Regional Chairperson for assistance.
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.
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.
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.
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.
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.
Joint Statement: Federal unions approve agreement on Phoenix damages
Today, CUPE Local 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. Read the joint statement from May 7th below.
Joint Statement: Federal unions approve agreement on Phoenix damages
May 7, 2019
Late last week, a subcommittee of federal public service unions and employer representatives reached a tentative agreement to provide damages to public service workers in light of the ongoing Phoenix payroll debacle. This tentative agreement was two years in the making. Today, the undersigned unions are pleased to announce they have signed on to this deal.
It’s important to recognize that this agreement in no way absolves the employer of its obligations to pay out any outstanding monies owed to the hundreds of thousands of public servants who continue to face issues with their pay, nor does it remove the employer’s obligation to stabilize the current payroll system and continue work to find its replacement as quickly as possible.
What this agreement does, though, is:
- provide immediate compensation to every public servant represented by these unions; and
- create a process by which additional costs can be reimbursed and additional compensation / damages can be awarded to those affected by payroll errors.
Specifically, this agreement:
- provides as a starting point, two (2) days of annual leave for anyone who worked in the public service in 2016-17 and additional one (1) day of annual leave for those employed in 2017-18, 2018-19 and 2019-20, for a total of five (5) days for those employed since Phoenix was deployed, regardless of if or how they were affected by Phoenix;
- A day of leave shall be equal to eight (8) hours per day, or seven and one-half (7.5) hours per day where the standard workweek is thirty-seven decimal five (37.5) hours per week
- establishes a process by which those who are no longer employed in the public service but were during the timeframe above can apply for reimbursement equal to that amount of leave;
- extends the existing process for claiming out-of-pocket expenses incurred as a result of Phoenix problems;
- creates a process for claiming additional costs including losses incurred as a result of having to cash in investments as a result of pay issues; losses associated with deferred RRSP contributions; costs associated with delayed severance or pension payments; or interest on loans, mortgages credit cards or other forms of debt;
- allows for the reimbursement of sick leave for members who took such leave because of Phoenix;
- allows for payment of interest on delayed severance payments and pension entitlements or missing pay;
- does not preclude additional damages being sought for claims alleging discrimination including issues related to maternity, parental or disability leave;
- allows for claims related to consequences of lost occupational capacity, lost security clearances, bankruptcy or significant impacts on credit ratings; and
- creates a process for claims related to mental anguish and trauma or other personal hardship.
We have also secured a commitment from the employer that should a bargaining agent secure additional compensation outside of this settlement, all signatory unions will receive the same compensation.
The ongoing Phoenix debacle is unprecedented in the scope and scale of harm caused to employees across the public service. While no amount of compensation could ever begin to provide full redress, it is our opinion that this agreement — in addition to the employer’s commitment to fully resolve outstanding pay issues and the steps taken previously to mitigate the impact on tax filing errors and defer collection of overpayments — represents a significant and concrete recognition of the frustration and anguish felt by every public servant.
More details on the implementation of this agreement, including timelines, will be made available in the coming weeks.
So far, the following unions have signed on to this agreement; others are expected to sign in the coming days and weeks.
- ACFO-ACAF
- Association of Justice Counsel
- Canadian Air Traffic Control Association
- Canadian Federal Pilots Association
- Canadian Military Colleges Faculty Association
- Federal Government Dockyard Chargehands Association
- Federal Government Dockyard Trades and Labour Council (East)
- Federal Government Dockyard Trades and Labour Council (West)
- IBEW 2228
- PIPSC
- Professional Association of Foreign Service Officers
- Research Council Employees Association
- Unifor Local 87-M
Executive By-Election
To submit your name for one of the vacant positions on the CUPE Local 104 Executive, download the form from the link below and submit it to elections@cupe104.ca.
Sexual Assault News Story
This past week, a group of very strong and very brave women publicly shared their experiences of having been sexually assaulted by an RCMP doctor. This has no doubt been an exhausting and horrendous ordeal for them to live with for multiple decades and to now re-live again.
CUPE Local 104 would like to remind our members that there are supports available to you, including from your Union. You have rights and a voice as a union member, an employee, and as a Canadian Citizen. Sexual Assault, Sexual Harassment, and Harassment in any form are NOT acceptable. You are not alone. If you need support or assistance, please do not hesitate to reach out to us in confidence.
To those who have walked in our shoes before, we thank you for speaking out. We fully support you. Your strength is an inspiration and you are paving the way for change. It is up to all of us to act, offer support, and lead the change. We will not tolerate Sexual Assault or any form of Harassment.
The full article published by CBC can be found here: https://www.cbc.ca/news/investigates/they-covered-it-up-3-women-go-public-with-sexual-assault-allegations-against-former-rcmp-doctor-1.4983410
What is Harassment?
Harassment is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. Generally, harassment is a behaviour that persists over time. Serious one-time incidents can also sometimes be considered harassment.
Harassment occurs when someone:
- makes unwelcome remarks or jokes about your race, religion, sex, age, disability or any other of the grounds of discrimination;
- threatens or intimidates you because of your race, religion, sex, age, disability or any other of the grounds of discrimination;
- makes unwelcome physical contact with you, such as touching, patting, or pinching.
From the Canadian Human Rights Commission – https://www.chrc-ccdp.gc.ca/eng/content/what-harassment-1
What is sexual harassment?
The Government of Canada through the Canada Labour Code defines sexual harassment as any conduct, comment, gesture, or contact of a sexual nature that is likely to cause offence or humiliation to any employee; or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.
Who is entitled to protection from sexual harassment?
Under the Canada Labour Code, every employee is entitled to employment free of sexual harassment.
What are the employer’s responsibilities for the prevention of sexual harassment?
Every employer is required to make every reasonable effort to ensure that no employee is subjected to sexual harassment. Every employer, after consulting with employees or their representatives, must issue a policy on sexual harassment. The policy must contain at least the following items:
- a definition of sexual harassment that is substantially the same as the one in the Code;
- a statement to the effect that every employee is entitled to employment free of sexual harassment;
- a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;
- a statement to the effect that the employer will take disciplinary measures against any person under his or her direction who subjects any employee to sexual harassment;
- a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;
- a statement to the effect that the employer will not disclose the name of the complainant or the circumstances related to the complaint to any person unless disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation to the complaint;
- a statement informing employees of their right to make a complaint under the Canadian Human Rights Act.
How should employers inform employees about the sexual harassment policy?
Every employer shall post, and keep posted, copies of the sexual harassment policy where they are likely to be seen by employees.
From the Government of Canada – https://www.canada.ca/en/employment-social-development/services/labour-standards/reports/sexual-harassment.html
And Part III Division XV.1 of the Canada Labour Code – https://laws-lois.justice.gc.ca/eng/acts/L-2/page-46.html#h-100
CUPE Local 104 Steward Nomination Form
To submit your name for a position as a CUPE Local 104 Steward, download the form from the link below and submit it to elections@cupe104.ca.
Cannabis Policy
(version française à suivre)
We have been reviewing the media releases as well as the policy publications from other police services across the country. The RCMP’s targeted, 28-day abstinence policy is short-sighted and not based on fact. CUPE National’s legal and health & safety teams are currently reviewing the policy and all appendices.
We had been assured by RCMP Labour Relations that we would be consulted, engaged, and allowed the opportunity to provide input prior to the policy being published. Unfortunately, the policy was published last week with no forewarning and no such engagement.
Despite not being consulted, since the policy has been published, we have forwarded concerns to RCMP Labour Relations, National Occupational Health & Safety Board, and the RCMP National Policy Health & Safety Committee.
We will continue to demand meaningful consultation with the goal being a fair and wholistic policy addressing impairment in the workplace. Such a policy should address all forms of workplace impairment, be uniform in its approach to all employees, promote education, be non-confrontational, and show trust that employees will report to work fit-for-duty.
The CUPE National Health & Safety Branch published the following article and fact-sheet in August 2018 addressing impairment in the workplace:
https://cupe.ca/management-impairment-workplace .
2018 Election Notice of Nominations for CUPE Local 104
CUPE Local 104 is holding an election for the East Intercept Monitor Chairperson position.
Please refer to the approved Bylaws to view the Duties of the Officers and Terms of Office.
To run for this office, nominations must include:
- Name of the Candidate
- Position being sought
- Statement from the Candidate accepting the nomination
- Name of the Nominator
A scanned copy, with both the candidate and nominators signatures, will only be accepted via email at rcmp@cupe.ca
Nominations will be open from May 31, 2018, until 1300 hours (Eastern time) on June 7, 2018.
Elections will commence on June 14, 2018 and will close at 1300 hours (Eastern time) on June 21, 2018.
Local 104 chairperson vote
Voting will open by electronic ballot at 1300 hours Eastern time on June 8, 2018. Voting will remain open until 1300 hours Eastern time on June 14, 2018.
Simply Voting Inc. has been hired as the independent third-party election provider. You are responsible for conducting your vote prior to the official end date and time to be officially tallied.