As you may know, our colleagues at the Public Service Alliance of Canada (PSAC) have announced that their members at the Canada Revenue Agency and Treasury Board voted overwhelmingly in favour of striking in their fight for a better deal.
As Union members ourselves, we must support them as we are stronger together. Their job actions will have an impact on our continuing fight for our first collective agreement. We must stand in solidarity with the PSAC in this fight for a better deal.
If you encounter a picket line at your workplace, remember that these workers are our colleagues and they have exhausted all other options in bargaining to reach a fair deal with the employer. Since we are not on strike, you will have to continue to report for work. If you are unable access your workplace or feel unsafe doing so, you must contact your manager and they will arrange to escort you into the workplace. You may also show your support by joining a picket line before or after shift or on your days off.
There should be no additional duties placed on any of our members due to this, or any, job action. The employer has an essential services agreement with the PSAC so their members in essential positions will continue to take care of the essential work. The non-essential work will have to wait until the employer and the PSAC reach a deal.
If your manager asks you to do any additional work that would normally be done by an employee who is a member of the PSAC, respectfully refuse. We are not the contingency plan for the employer, and we will not be a part of lessening the important impact of their job action. If you are ordered to do work that would normally be done by an employee who is on strike you should do the work and make note of the date, time, manager’s name who issued the order, a description of the work and report it to your Regional Chairperson as soon as possible for action.
If you have questions about how the PSAC job action may impact your workplace, please speak to your manager.
In Solidarity,
Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.
April 9-15 2023 marks National Public Safety Telecommunicator’s Week. We are honoured to be a part of such an esteemed group of people. We hear stories every day from our coworkers and colleagues about all the amazing things our people do and almost always with fewer resources than necessary and under what feels like insurmountable circumstances.
While it’s great that there is a week set aside each year to recognize the critical impacts you make to police and public safety, the “recognition” we receive from the RCMP and TB is nothing but lip service. It does not save our members from burnout due to short staffing and repeated exposure to trauma. It does not give our members the resources required to provide adequate service to the public or the police officers we work with.
We are overworked, undervalued, and underpaid. We need action.
In our recent survey, 96% of you reported that the employer is not doing enough to retain workers and 84% said that your current workload is unsustainable. We are experiencing critical staffing shortages in all our operations, and we are still being paid at 2016 rates. There is just no way that’s going to help recruit and retain skilled workers. The employer clearly does not value our important, life-saving contributions.
While we continue to fight for a fair deal at the bargaining table, we need all of you to help us. We need the employer to see all 1,100 of us at the bargaining table and not just the 10 of us. “The Union” is all 1,100 of us and our collective power comes from our ability to stick together and show solidarity. We do this by showing up to work in solidarity. By showing off how proud we are of our professions and by reminding the employer that we stand together to get what we need to do our jobs.
To show your support and solidarity in the workplace, we have created posters that can be displayed at your workstation or wherever you are allowed to display personal items. Tape it to the front or your notebook, on your locker, etc. You can download them here https://104.cupe.ca/wp-content/blogs.dir/820/2023/04/CUPE104_Office_poster_March_2023.pdfto print off at home or talk to your local Steward or Regional Chairperson to obtain printed copies. Everyone displaying these posters shows our unity and anyone who walks into your workplace will see these posters and start asking questions.
We are working on more public releases, social media posts, and media attention. We also have buttons and t-shirts in the works. These items are the tools that you can wear to show your solidarity and commitment to getting a fair deal. When you see the posts, please share them. When asked to wear buttons or shirts, please wear them.
There is a lot more we are doing in preparation for our next bargaining session but, as we have said before, it’s not in anyone’s best interest for us to post publicly about our negotiating strategies. Please remember that everything posted online is seen by the employer and they use it to try and get the cheapest deal. You wouldn’t tell the salesperson what your highest price is so don’t tell the employer what your lowest price is either.
It’s very important that we all remain united and show solidarity. Our power comes from our ability to band together and support each other. We have shown this before when we formed our own union, when we stopped deeming (twice!), and most recently, when we won our 2.3% unfair labour practice complaint and proved that the employer punished and discriminated against us for unionizing.
Please continue to send any questions or concerns directly to your local Steward or Regional Chairperson. This is the best way to get accurate information directly from the source.
In Solidarity,
Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.
We have now confirmed mediation dates with the Employer on May 3-4. Obviously, this week’s decision from the Federal Public Sector Labour Relations and Employment Board (FPSLREB) will have impacts on our current negotiations and we are looking forward to discussing this at the bargaining table with the employer.
FPSLREB Decision on 2.3% Market Adjustment
On Monday, March 27, the FPSLREB provided us with their decision on our unfair labour practice complaint against the Treasury Board (TB) about them withholding the 2.3% market adjustment from us in 2016. The FPSLREB determined that the TB committed an unfair labour practice by withholding pay increases and the 2.3% market adjustment because we were in the process of unionizing with CUPE. The FPSLREB also found that the decision not to pay the expected pay increases and market adjustment was a violation of the statutory freeze.
The FPSLREB ordered the TB to pay the 2.3% market adjustment effective April 1, 2016 to all of our members within 90 days (TOs, IMAs, PSEs, and CMs).
The PO group is pay matched to the LES group, not the other way around.
[130] There is no question that the classification exercise took place, but I disagree that the pay-matching of the LES-TO and LES-IM subgroups to the new PO-TCO and PO-IMA positions automatically resulted. In fact, if anything, the reverse is true. The (new) PO groups’ pay was deliberately matched to the (existing) LES groups’ pay, not the other way around.
[170] The Board also orders the payment of the pay raise announced on April 5, 2017, to all employees of the bargaining unit. The LES subgroups should have received the pay raise announced on April 5, 2017, because the rates of pay of the LES subgroups remained benchmarked to 79% of the pay of a senior constable. Similarly, the rates of pay for the PO group have been pay-matched to the pay of the LES groups since 2014. This complaint arose in the context of an application for certification by CUPE to represent both groups, and it now represents a bargaining unit composed of those groups. As such, the PO groups should also benefit from the pay raise announced on April 5, 2017.
Treasury Board engaged in unfair labour practices.
[164] Had the CHRO testified, he might have been able to explain himself, but he did not, and I find no other way to interpret his message: the pay raise was being withheld because of CUPE’s certification application. I cannot, as the respondent urged, attribute this to unfortunate timing. This was retribution against the civilian members because they were participating in the formation of an employee organization.
[165] Therefore, the respondent did not discharge its burden of proving that an unfair labour practice did not occur. I find that it committed an unfair labour practice when it withheld the pay raise announced on April 5, 2017, from the LES subgroups.
[166] The effect of the CHRO’s explanation had a profoundly negative impact on the LES civilian members. As Ms. Hippern so bluntly testified, “The feeling was that we had screwed ourselves out of our pay raise by signing a union card.” The impact is important when determining the appropriate remedy.
Orders
[176] The respondent has committed an unfair labour practice and has failed to comply with s. 56 of the FPSLRA (duty to observe terms and conditions).
[177] The pay raises and market adjustments that the TB announced on April 5, 2017, shall be paid to the employees of the bargaining unit.
[178] The amount of this remedy is to be reduced by any amount that might already have been paid.
[179] These remedies are to be paid within 90 days of the receipt of this decision.
[180] The Board retains jurisdiction over the calculation of the amounts payable pursuant to the above orders. If the parties are unable to agree on the quantum of the remedy, the parties shall, within 90 days of the receipt of this decision, notify the Board in writing that the assistance of the Board is required to resolve the issue.
Frequently Asked Questions
This decision is very new. We are still actively digesting the decision and all of the potential ramifications that will come from it. We do not have all the answers yet. In the meantime, here are a few of the frequently asked questions we have received from you.
Please continue to send any questions or concerns directly to your local Steward or Regional Chairperson. While we may not have all the answers just yet, we will work to get them as quickly as possible. This is the best way to get accurate information directly from the source.
What does the decision mean?
We should have received the 2.3% market adjustment effective April 1, 2016. As retribution for unionizing, TB denied our members this raise. The remedy, as set out in the order, is to correct that error. The corrected salary will result in back pay from April 1, 2016 up until your current rate of pay is updated by the employer to reflect this corrected salary. This back pay will include base pay, overtime, and service pay.
Can the Treasury Board appeal this decision?
The decision of a panel of the Board is final and is not to be questioned or reviewed in any court except by way of judicial review proceedings and only on the grounds set out in ss. 18.1(4)(a), (b), or (e) of the Federal Courts Act.
If the party seeking judicial review cannot present a substantial argument that the logic that led the labour relations decision maker to his or her decision is incorrect or unreasonable, according to the applicable standard for judicial review, the application will be denied.
The order states that “[179] These remedies are to be paid within 90 days of the receipt of this decision.” The decision was received by both parties on March 27, 2023.
What if they don’t pay us within 90 days?
We don’t know yet. We have not yet had discussions with the TB about the orders and how they will be implemented.
How does this affect bargaining?
We are actively planning and strategizing for our upcoming mediation session. It would not be in the best interest of our members for us to publicly post about our negotiation strategies.
Paragraph [178] says the amount will be reduced! What does that mean?
This complaint was about the raises of 1.25% for January 1, 2015, 1.25% for January 1, 2016, and 2.3% for April 1, 2016. We already fought for and won the 1.25% raises for 2015 and 2016. These were implemented in 2018. They now have to pay us for the remaining 2.3% from April 1, 2016 onward.
What about interest on the back pay?
The FPSLREB does not have jurisdiction to order interest on the back pay.
I retired, got a promotion, etc. … What does this mean for me?
Everyone’s situation is unique. As soon as we have more information on the calculation of the amounts payable pursuant to the order, we will share it with you.
The Board ordered that the 2.3% market adjustment from 2016 shall be paid to all CUPE 104 members – TOs, IMAs, CMs, and PSEs!
The Board declared that TB violated the statutory freeze and committed an unfair labour practice. It found that “This was retribution against the civilian members because they were participating in the formation of an employee organization.”
We did not accept their offer to settle this matter and we will not accept an insulting salary offer either!
In Solidarity,
Your CUPE 104 executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.
IMPORTANT: You need to use your full first and last name when registering and logging into the TOWN HALL to be admitted.
If you want to attend both town halls, you must register for each.
The registration process may take a few days; we all work full time and will be manually approving registrations after work. PLEASE REGISTER EARLY! Members who try to register the day of the town hall, may not get their link in time.
Once registered, you will receive an email with a PERSONAL LINK to the Town Hall. You can’t share this link with other members; they need to register themselves.
REMINDER: Recording of union proceedings in any way is not permitted.
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PLEASE SHARE THIS MESSAGE WITH YOUR COWORKERS.
We hope to see you.
In Solidarity,
Your CUPE 104 executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.
They must be signed, scanned and e-mailed to elections@cupe104.ca before the nomination period closes on 2023-03-12.
Campaigning may take place at any time and is the sole responsibility of the nominee(s). Shortly after the close of the nomination period, and at the request of the nominee(s), the Elections Committee will send one email to the membership including: nominees’ names, work locations, and one URL link, provided by the nominee, pointing to a website of their choosing.
Voting will be by electronic ballot sent to the email we have on file from your membership form. Remember to check your junk / spam folders.
Voting will start on 2023-03-17 and remain open for seven (7) days. Results will be communicated on or before 2023-03-28.
Please ensure you read the nomination guide attached to the nomination form carefully as it contains important information. You will receive confirmation from the Elections Committee that your nomination form was received within 24 hours of sending it in.
The Elections Committee is Western TO Chair Alex Johnston, Western TO steward Andrew Wilkie and Western TO steward Shelly Lozinski.
You can contact your Steward, Regional Chairperson, or the Elections Committee with any questions.