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PSAC opposes new Phoenix overpayment recovery plan

October 20, 2021

Last week, Treasury Board announced they would begin a new Phoenix overpayment recovery process for a number of PSAC members they believe were overpaid by the Phoenix pay system in 2016 and 2017.

PSAC has serious concerns with the new recovery plan because it significantly changes the way that PSAC and other bargaining agents negotiated how overpayments would be recovered. Typically, an employee’s whole pay file needs to be reconciled before any recovery takes place to ensure the amount owed is correct.

Affected employees may receive a letter from the Pay Centre asking them to acknowledge in writing that they were overpaid by Phoenix and to select an option for repayment. Employees will be given four weeks to respond. Otherwise, the Pay Centre will begin the overpayment recovery immediately.

National President Chris Aylward has repeatedly intervened to put a halt to this recovery process, and we are looking into our legal options to contest it.

Although we believe that employees who know they have been overpaid should acknowledge their debt and pay it back with a repayment plan that works for them, tens of thousands of PSAC members have been paid inaccurately by Phoenix and may not know if they were overpaid or underpaid nearly six years ago. Employees should not be compelled to acknowledge an overpayment – especially one they may not have the information to confirm is actually owed – under threat of immediate recovery if they don’t respond.

PSAC has repeatedly urged the government to hire and train enough workers to fix Phoenix errors as quickly as they can and to deal with older errors first. There should no longer be any unaddressed pay errors from 2016-2017.

In the meantime, if you receive a letter asking you to acknowledge and overpayment the union recommends that:

  1. If you are convinced you owe the overpayment amount stated in the letter, you can acknowledge that you owe the government the debt, and choose one of the repayment options that are provided to you in your letter, or request alternate arrangements if the payment options will result in financial or other hardship. We note that, in acknowledging that you owe this amount, you will likely waive any defence that may be available if the government exceeds the six year deadline for starting recovery of this amount.
  2. If you are not certain you owe the government the amount set out in the letter, respond to PSPC within 4 weeks and write:

“I have not been provided with enough evidence to convince me that I owe this money to the government because of an overpayment in (date).”

  1. If you continue to experienced errors in your pay in either of the above circumstances, you should also write:

“I continue to experience errors in my pay. I request that the recovery of any overpayment be deferred until such time that my pay file has been reconciled and I have received the correct pay for three consecutive pay periods.”

  1. Regardless of which of the above three options you choose, add either of the following if they apply to you:

a. “I was previously assured that the payments I received were correct and relied on these assurances to my detriment. I should not have to repay these amounts.”

b. “I was previously unaware that I had received an overpayment and understood that my pay was correct. I relied on that understanding and have suffered hardship as a result and should not have to repay these amounts.”

If you choose either of the second, third or fourth options, or if you have any other concerns not addressed above, or require any assistance with the above please contact us with your response by submitting a general inquiries form. Select Phoenix Pay Issues from the What is your inquiry about? drop down menu.

Source: PSAC opposes new Phoenix overpayment recovery plan | Public Service Alliance of Canada (psacunion.ca)

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Your rights at work: Vaccinations and COVID-19 (UP-TO- DATE)

The federal government released its mandatory vaccination policy for federal public service workers on October 6, mandating vaccinations for all employees in federally regulated workplaces, including more than 160,000 PSAC members.

Read PSAC’s statement in response to the federal vaccination policy.

We have compiled frequently asked questions to provide PSAC members with as much information as possible on vaccinations in the workplace. This page will be regularly updated to reflect the changing circumstances.

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Federal government releases vaccination policy without proper consultation

October 6, 2021

The federal government released its vaccination policy for federal public service workers October 6, mandating vaccinations for all employees in federally regulated workplaces, including more than 160,000 PSAC members.  

Treasury Board has encouraged Crown corporations, agencies, and the Canadian Forces to implement similar policies, but this policy will not immediately apply to them.

Read the full vaccination policy 

PSAC fully supports a federal vaccination policy to protect the health and safety of our members and the Canadians they serve. We know that increasing vaccination rates is the best and most reliable way to slow the spread of COVID-19 in our workplaces and our communities and encourage our members to be vaccinated.  

However, if the goal is to keep the workplace healthy and safe, this policy still falls short.  

The government rushed their vaccination policy without meaningful consultation with the unions representing federal public service workers. Treasury Board gave unions less than a single business day to provide feedback on their policy, and then failed to incorporate any of the changes into their final policy. Our union supports the government’s vaccination framework, but how it is applied matters, and we expect the employer’s implementation of the policy will respect:  

  • Members’ privacy rights: Any personal information collected must be shared on a need-to-know basis only and collected and stored for a limited period and in keeping with the Privacy Act.  
     
  • Bargaining rights: Bargaining agents should be included in meaningful consultation as these frameworks and policies evolve, including adequate time to provide feedback and input.  
     
  • Human rights: Members’ human rights must be protected under the Canadian Human Rights Act, including the duty to accommodate. 
     
  • Health and safety: Workplace health and safety committees must be consulted about the implementation of the policy. 
     
  • Equity and inclusion: The policy must consider the adverse impacts of the policy on historically disadvantaged groups of employees, including racialized, Black and Indigenous employees.  
     
  • Consistency: The government’s vaccination policy should also apply to federal contractors and the general public who interact with federal public service workers to ensure the health and safety of our members. The vaccination policy also needs to be applied consistently across federal departments and agencies.  
     
  • Fairness: Employees who are required to be vaccinated or who experience side effects should not have to use their own sick leave banks, and this should not be left up to the discretion of individual managers. 

While the vast majority of PSAC’s membership is fully vaccinated, PSAC will continue to represent unvaccinated members who have punitive action taken against them as a result of their vaccination status.  

We’ll continue to work to ensure the implementation of the policy protects the health and safety and human rights of our members while ensuring their rights to privacy are respected. 

Keep your member info up to date to receive all the latest updates about the government’s vaccination policy, bargaining issues and more.  

Source: Federal government releases vaccination policy without proper consultation | Public Service Alliance of Canada (psacunion.ca)

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Common issues: Team focuses on equity, remote work

October 1, 2021

During talks with Treasury Board September 27-29, the common issues team focused on improvements to equity and remote work measures for more than 120,000 federal public service workers.

Throughout this round of bargaining, PSAC aims to negotiate fair collective agreements that recognize the way the  pandemic has radically changed work in the federal public service. We’ll continue to focus on the issues that matter most to PSAC members – remote work, technological changes, job security in an uncertain economy, work-life balance and the effects of major inequalities for marginalized groups.

In this session, the bargaining team focused on:

  • Remote work: To ensure members are treated fairly, provisions governing remote work must become part of the collective agreement. PSAC is proposing measures to ensure accessibility, safety, and flexibility for members seeking remote work arrangements.
  • Right to disconnect: Despite the advantages of remote work for many members, it can lead to social isolation, as well as making it harder to “turn off” at the end of the workday, which can increase stress and anxiety. PSAC is negotiating for employees to shut off work-related communications outside of normal hours of work, and will not face discipline or reprisals in exercising this right.
  • Training on Indigenous issues: In response to the Truth and Reconciliation Commission’s 57th Call to Action, the union is proposing comprehensive education on Indigenous issues for public service workers. In line with the Commission’s recommendation, this would cover the “history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations.”
  • Leave for traditional Indigenous practices: As part of the ongoing reconciliation process, PSAC proposed new specific leave for Indigenous members to pursue traditional cultural practices. This includes paid time off for hunting, fishing and harvesting, among other traditions.
  • The common issues team returns to the table November 2-4.

PSAC is committed to pushing for a fair deal that addresses the issues raised by members at the National Bargaining Conference, and rejecting any concessionary proposals from the employer.

Show your support

Meet your bargaining team, learn why they got involved in this round of negotiations and show your support with our bargaining graphics:

Stay in touch

Please be sure to keep your contact information up to date via the member portal to receive all the latest updates as we negotiate your next contract.

Source: Common issues: Team focuses on equity, remote work | Public Service Alliance of Canada (psacunion.ca)

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Next Generation Human Resources and Pay Pilot by the Federal Government – Update

September 27, 2021

The federal government announced last week that Ceridian HCM Holding Inc., an American company founded in Canada in 2009, had been awarded an important contract to replace the wretched Phoenix payroll system.

The Next Generation Human Resources and Pay pilot will start at Canadian Heritage where a new “cloud-based human resources software platform” called Dayforce will be used, as part of the pilot.

“With our global leadership in human capital management, complemented by our deep and longstanding commitment to Canada, we are in a unique position to support Canada’s digital-first vision for modern, mobile, and accessible HR and pay processes,” said David Ossip, Chairman and CEO, Ceridian. “We look forward to continuing our work with the Government of Canada, unions, and employees by providing our intelligent HR and payroll solutions to our hard-working federal public servants.”

UNE is happy to see that the Next Generation Human Resources and Pay pilot is entering a new phase but wants to make sure unions are consulted during the entire pilot process, especially UNE because our members at Canadian Heritage will be the first ones using that software.

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EB group: Team discusses expanded leave, flexible work

September 21, 2021

The Education and Library Science (EB) bargaining team focused on expanding a range of leave options and potential flexible work arrangements during talks with Treasury Board September 14-16.

Expanding leave options

The bargaining team proposed several improvements, including:

  • Enhancing sick leave by increasing the amount of sick leave that can be advanced to members, and limiting when a medical note may be requested while ensuring the employer covers any associated fees.
  • Expanding leave for family-related responsibilities by increasing the hours provided. This would be applicable to care for any family member, along with care for children whose daycare or schools have closed. The proposal would also remove the cap of 7.5 hours for legal appointments and specify that the leave can be used to visit a terminally ill family member.
  • Strengthening injury on duty leave by requiring that a certified workers’ compensation authority determines the length of leave rather than individual managers, who do not have the same expertise or impartiality.
  • Providing leave for medical appointments to those with chronic medical conditions, since these members may struggle to access time off for medical needs and resort to using vacation leave.

Flexible work arrangements

Treasury Board is exploring non-traditional working hours for employees. PSAC welcomes this initiativeand will ensure that any change to hours of work is implemented fairly, made accessible to as many members as possible, and entirely voluntary. Any change must also respect members’ health and safety and right to disconnect.

The EB team returns to the table November 8-10. The common issues table will meet on September 27-29.

Show your support

Meet your bargaining team, learn why they got involved in this round of negotiations and show your support with our bargaining graphics:  

Stay in touch  

Please be sure to keep your contact information up to date with the member portal to receive all the latest updates as we negotiate your next contract. 

Source: EB group: Team discusses expanded leave, flexible work | Public Service Alliance of Canada (psacunion.ca)

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Public service workers shouldn’t be disciplined over vaccination requirements

August 17, 2021

This week, national political party leaders have made concerning statements about disciplining or terminating federal public service workers who choose not to be vaccinated as part of the government’s vaccine mandate proposal.

PSAC supports vaccination requirements for federal workers to ensure the safety of our members in their workplaces, and to protect our communities, but using discipline and termination to enforce them is unacceptable.

PSAC has been in in consultation with the federal government on their vaccination proposal, and our position is clear: employees with a valid medical reason for being unvaccinated, or for reasons protected by human rights legislation, must be offered a formal accommodation under the law.

In addition, if there are workers who are unable or unwilling to be vaccinated, the government must temporarily reassign those employees to other duties where possible, or allow for alternate work arrangements such as remote work.

Where required, other measures should be explored, including regular screening and rapid testing.

PSAC will continue to play an active role in consultations as the federal government develops its vaccination requirements plan. We will do our utmost to ensure the safety our members while protecting their rights in the workplace – including their right to privacy.

Source: Public service workers shouldn’t be disciplined over vaccination requirements | Public Service Alliance of Canada (psacunion.ca)

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Phoenix damages : new timelines and taxation appeal

August 17, 2021

The federal government has updated its Phoenix general damages webpage with new timelines for current PSAC members and former and retired members: 

  • PSAC members working for the federal public service who did not receive general damages as part of their March 3 pay can expect to receive the full lump-sum payment in September 2021.
  • Former and retired PSAC members will have access to the claims process for general damages in December 2021. The government will provide more details closer to the launch.

Taxability of Phoenix general damages 

PSAC maintains that general damages paid to all employees for “stress, aggravation, and pain and suffering” for the impacts of the Phoenix pay system and the late implementation of collective agreements are non-taxable, contrary to the opinion issued by the Canada Revenue Agency. To ensure a prompt resolution of this dispute impacting thousands of members, PSAC has proposed to CRA that both parties jointly request that the dispute be resolved by the Tax Court. This would expedite the process and avoid a vast number of individual appeals. We will provide updates as they become available.

Out-of-pocket expenses and severe losses 

As part of the Phoenix damages settlement, the government must provide a new claims process for current and former members who experienced out-of-pocket expenses and severe personal and financial impacts due to Phoenix. Though we are disappointed that a process is not yet available, we expect a new timeline shortly and will update you accordingly.

Please be sure to keep your contact information up to date via the member portal to receive all the latest updates on PSAC’s Phoenix settlement. 

For more information about Phoenix damages, please check out our FAQ. 

Source: Phoenix damages : new timelines and taxation appeal | Public Service Alliance of Canada (psacunion.ca)