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Phoenix: Damages ruled taxable as Treasury Board refuses to cooperate

May 2, 2021

After months of waiting, the Canada Revenue Agency (CRA) has rejected our request to review the taxability of Phoenix damages. This is directly due to Treasury Board’s refusal to provide CRA with a joint statement of facts which corrects CRA’s understanding of the purpose of our damages settlement agreement.

In an April 27 letter from the CRA, the Agency states:

As discussed in our meeting on February 3, 2021, we consented to reconsider our position only if the Employer and PSAC provided us with an agreed-upon statement of facts. As this did not happen, we have not considered any of the assertions in your draft statement of facts.

After numerous requests for Treasury Board’s cooperation, and direct appeals to Minister Duclos, they have refused any and all cooperation on the matter.

“It’s clear they’re still angry that PSAC forced them to deliver a better deal for our members,” said PSAC President Chris Aylward.

“They’re frustrated that they have to honour the top-up clauses signed with the other unions to match our general damages agreement, and now they’re taking it out on PSAC members by sabotaging attempts to get a positive tax ruling.”

⬇️ Tell Minister Duclos to stop blocking CRA from reviewing their decision! ⬇️

Our union carefully worded the agreement to reflect a wide range of impacts suffered by PSAC members, including for “stress, aggravation, and pain and suffering” and for the late implementation of collective agreements. There is a strong precedent of damages for those purposes being deemed non-taxable by CRA. The tax treatment of the general damages should reflect the purpose of that compensation as outlined in the agreement.

It is unacceptable that Treasury Board refuses to affirm these facts. Instead they informed CRA that the agreement’s purpose is to resolve a policy grievance between the employer and the union – something that may be true for other unions, but not for PSAC’s damages agreement.

We will not let this stand without a fight.

While we continue to explore every legal avenue to appeal CRA’s decision, please take a moment to join our efforts by sharing your outrage directly with Minister Duclos and the Prime Minister.

Our goal is to ensure all PSAC members receive the full compensation they deserve and that we avoid any time consuming and complex tax disputes for individual members. We are also pushing Treasury Board to expedite the availability of the claims process for all former members and retirees who are still waiting to receive their Phoenix general damages.

We will provide additional updates to members about this ongoing work as we move forward.

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

Source: Phoenix: Damages ruled taxable as Treasury Board refuses to cooperate | Public Service Alliance of Canada (psacunion.ca)

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TB members set priorities at National Bargaining Conference

April 30, 2021

PSAC members from the PA, SV, EB and TC groups came together for the first-ever virtual National Bargaining Conference April 26-29 to discuss the bargaining issues that will drive the next round of Treasury Board (TB) bargaining.  

The pandemic has had a profound impact on the way we live and work, exposed glaring inequalities for marginalized workers and raised other major issues that we need to address through collective bargaining.  

Over the last few months, we’ve asked Treasury Board members to send us their feedback about how the pandemic has impacted them and put forward their proposals to help reshape the federal public service in the wake of COVID-19.  

At the conference, delegates prioritized their proposals for the next round of bargaining that kicks off this summer and elected their respective bargaining teams. 

Key bargaining issues discussed at the conference include: 

Remote work 

We believe that provisions governing remote work will be most effective when they are negotiated into collective agreements. We must also ensure that remote work is free from remote surveillance and unreasonable performance expectations, that employers cover associated expenses, and that concerns relating to accommodations, ergonomics and health and safety are addressed. 

Technological changes 

New and emerging technologies like artificial intelligence are poised to play a bigger role in supporting government decision-making and the delivery of public services. We must be properly notified and consulted on these changes, and ensure that any impacts on members are addressed. 

Fair wages 

In every round of bargaining it is imperative that we maintain our hard-fought gains – and that includes making sure that we secure increased wages that reflect the rising cost of living, and our members’ hard work and dedication. 

Many PSAC members are also experiencing a widening wage gap compared to their private-sector counterparts. To continue attracting strong candidates for public service jobs, we must negotiate compensation in line with that of workers in similar occupations in industry. 

Contracting out and privatization 

Contracting out and privatization of public services increases costs and risk to taxpayers, reduces quality of services, erodes the internal capacity of the public service, creates precarious work, and undermines initiatives that address pay equity and systemic racism. 

We must tackle the alarming increase in contracting out of government work, including through temporary staffing agencies. 

Work-life balance 

With the shift to remote work, we must secure the right of members to disconnect from electronic work devices outside of working hours. We must also expand leave provisions (e.g. 699 leave, family-responsibilities leave, sick leave) to improve work-life balance, which is especially critical for women, caregivers and those with disabilities. 

We also need to negotiate flexible work options that allow members to shape their workday to match their personal and family responsibilities. 

Classification and gender pay gaps 

The outdated classification system used in the public service continues to be completely unresponsive to the work done by many PSAC members. It doesn’t meet the needs of this century’s workplaces and discriminates against work categories dominated by women. We must close the gender pay gap and move towards a gender-neutral classification system that properly measures the work that members do and fully complies with pay equity laws in Canada. 

Systemic racism in the workplace 

Systemic racism continues to prevent the public service from reaching its full potential. We must actively address the barriers and discrimination faced by racialized and Indigenous workers and ensure that all our members’ workplaces not only reject racism, but actively work to dismantle the structures that sustain it. 

We also plan to call on the federal government to provide education to public service workers on the history of Indigenous peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Indigenous rights, Indigenous law, and Indigenous–Crown relations. 

Job security 

The current period of economic uncertainty emphasizes the need for a fairer workforce adjustment (WFA) process in case of layoffs. The current WFA process threatens more employees with potential displacement than is necessary and forces workers to re-interview for their own jobs, resulting in serious stress and other mental health impacts on affected members. 

We must oppose all forms of precarious employment and ensure that all members have timely access to indeterminate employment. 

Next steps 

Over the next few months, the elected bargaining teams for the PA, SV, EB and TC groups will meet and discuss the bargaining issues prioritized at the National Bargaining Conference and will work on a final package of bargaining demands that will be exchanged with the employer over the summer.  

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

Source: TB members set priorities at National Bargaining Conference | Public Service Alliance of Canada (psacunion.ca)

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Statement by UNE National President on the National Day of Mourning – 28 April 2021

April 28, 2021

Today is April 28, a day set aside by an Act of Parliament we honour and remember all the people who died or were hurt from work related illness and injuries on this National Day of Mourning.

In light of the coronavirus (COVID-19) pandemic, we encourage organizations, communities, and individuals to consider holding or supporting a virtual event, or simply pause at 11:00 am on April 28 for a moment of silence. These acts of remembrance help to honour the lives lost or injured due to workplace tragedy, while also acknowledging the sacrifices of frontline and essential workers who have died or become ill serving during the COVID-19 pandemic.

We also demand that employers in federal and other jurisdictions to respect the rules on workplace health and safety committees and urge them to collaborate more with those committee members to ensure safe workplaces.

In 2020, over 1000 workers died in workplace related accidents in Canada, a similar statistic as in 2019; which is about 3 workers a day; 3 workers a day too many.

We join with the Canadian Centre for Occupational Health and Safety in their messaging:

We remember workers who have died, became injured, or have suffered from occupational disease while being on the job.

We commit to remember workers and preventing further workplace tragedies.

Respectfully and in Solidarity,

Kevin King
UNE National President

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UNE Masks Now Available

UNE masks are now available for members! If you would like to order one, you can do so on the UNE website.

There is no cost and we will ship directly to the address you provide. This is also a great way to keep your information up to date with us.

Please fee free to share the link with other members in your Local.

To order more than one mask, reach out to us at communications@une-sen.org and we will work with you to outfit your workplace.

Stay safe, and stay healthy!

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Occupational Group Structure: Classification Update for PA group members

April 23, 2021

Treasury Board of Canada Secretariat announced that their planned implementation date for Program and Administrative Services (PA) group’s new job evaluation standards is October 2022. This target requires department and system readiness, so it is subject to change.

Although the mapping of actual positions to sub-groups has not yet taken place, we still believe that the PA group will be restructured to five new sub-groups as per our previous update.

Your current rights will be protected regardless of the outcome of this process. This means no one will suffer a reduction in salary due to their classification potentially being converted to a lower wage level. You will be guaranteed to remain at your current salary (this is enshrined in the collective agreement as Salary Protection Status). This protection will apply until the position is vacated. In addition, as wages for your new classification exceed your current salary, your pay will be increased to the new classification level.

Source: Occupational Group Structure: Classification Update for PA group members | Public Service Alliance of Canada (psacunion.ca)

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Paid 698 leave available for federal employees getting vaccinated

April 22, 2021

As the rollout of the COVID-19 vaccination begins to gain momentum, PSAC would like to remind all federal employees that they can request paid 698 leave to attend their vaccination appointment.

With the 698 leave, employees have access to up to a half-day of paid leave to attend a medical or dental appointment. This includes an appointment for vaccination, and time to travel to and from the vaccination site.

The paid leave is possible under a Treasury Board policy covering medical and dental appointments, but PSAC has been in discussions with Treasury Board to ensure that employees who are getting a vaccine that require a booster are also entitled to paid leave for the second vaccination.

However, since 698 leave is only available to employees of the federal government, we ask that provincial and territorial governments follow the federal Treasury Board example and not penalize employees by docking their pay when they protect themselves and their community by getting the COVID-19 vaccine. All workers, regardless of their jurisdiction, should be able to get vaccinated without worrying about their paycheques.

If you have any questions about your rights on the 698 leave, reach out to your local shop steward, your Component, or the PSAC regional office for help and support.

You can also consult our FAQ about your rights as an employee around COVID-19 screening and vaccination.

Source: Paid 698 leave available for federal employees getting vaccinated | Public Service Alliance of Canada (psacunion.ca)

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Budget 2021: PSAC welcomes historic child care funding and $15 minimum wage

April 19, 2021

PSAC welcomes the measures in the 2021 budget that respond to the needs of Canadians hardest hit by the pandemic. 

Our union is also very pleased to see the historic investment in universal child care,  a commitment to finally establishing a federal $15 minimum wage, and resources to battle systemic racism in the federal public service and beyond. 

“This historic investment in universal child care is a lifeline for parents who are struggling to afford rising child care fees,” said Chris Aylward, PSAC national president. “This is a major victory for our union and child care advocates who have been fighting for affordable, accessible and universal child care for decades.” 

The program is key to ensuring parents, especially women who have been disproportionately impacted by the pandemic, re-join the workforce and help drive Canada’s economic recovery.  

The government’s increased pandemic support, including the new Canada Recovery Hiring Program, recognizes PSAC members’ success in delivering these critical services to Canadians and underscores the important role of a strong public service. 

“Now more than ever, Canadians need to be reassured that they’ll still be able to pay their bills even if they can’t work because of COVID-19,” said Aylward. “Public service workers stepped up when Canadians needed them most, and they’ll continue to deliver the financial aid workers depend on.” 

It remains disappointing that the government failed to act on its commitment to create a national, universal pharmacare program. Canadians need pharmacare now more than ever as workers continue to lose access to prescription drug coverage because of pandemic job losses.

The government also continues to fund important community infrastructure by putting the profits of private companies before the needs of Canadians through the Canada Infrastructure Bank and increased Social Financing.  

“Privatization of public assets and services costs more, provides poorer service and increases safety and security risks, all while leaving the government – and Canadian taxpayers – on the hook to foot the larger bill,” said Aylward. 

Source: Budget 2021: PSAC welcomes historic child care funding and $15 minimum wage | Public Service Alliance of Canada (psacunion.ca)

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Governments must prioritize vaccinations for front-line workers

April 15, 2021

PSAC is pressing governments to prioritize vaccinations for critical front-line workers across Canada to limit the spread of COVID-19.

PSAC represents thousands of front-line workers doing critical work at Canada’s borders, in federal penitentiaries, day shelters and group homes, community parole officers, firefighters, Coast Guard staff and employees on military bases, meat-packing plant workers, food inspectors and many more.

Their close contact with the public and other employees while performing their work puts them at increased risk of contracting COVID-19 and contributing to outbreaks in their communities. That’s why it’s crucial that all provinces and territories provide access to vaccinations for front-line essential workers as soon as possible, as per Stage 2 of the Government of Canada’s vaccine schedule.

“The federal government has an obligation to safeguard the health and safety of all its employees during the pandemic,” said Chris Aylward, PSAC national president. “Federal ministers must step in and mandate provinces and territories to accelerate vaccinations for front-line essential workers as soon as possible, as recommended in the federal government’s own vaccination schedule.”

PSAC and components, including the Customs and Immigration Union and the Union of Safety and Justice Employees, have been lobbying both the federal and provincial governments, including Public Safety Minister Bill Blair, to prioritize vaccinations for our members.

“Canada Border Services Agency personnel have continued to perform critical work despite the challenges brought about by the COVID-19 pandemic,” said Jean-Pierre Fortin, CIU national president, representing more than 11,000 CBSA officers and workers across the country. “With a third wave now well underway and the growing threat of COVID variants, it’s imperative for frontline Border Services officers to be prioritized for vaccinations equally across the country, alongside other first responders and law enforcement personnel.”

Some provinces have prioritized vaccinations for front-line workers early on, while others still refuse to consider many front-line workers essential under their vaccination plans, creating a patchwork system that puts workers and the Canadians they serve at risk. Two workers, doing the same job and facing the same risk of exposure to COVID-19, could be vaccinated months apart under the current provincial arrangement.

“By not quickly moving to vaccinate all front-line staff who work day in and day out with federal offenders, we put thousands of Canadians and employees at continued high risk of COVID-19 outbreaks,” said Stan Stapleton, national president of the Union of Safety and Justice Employees representing all federal employees working in rehabilitative, parole, maintenance, food service and related support roles in federal minimum, medium and maximum security penitentiaries, as well as Community Correctional Centres and parole offices across Canada.

PSAC will continue to pressure the federal government to work collaboratively with provincial public health authorities and ensure all front-line workers are equally prioritized as part of the COVID-19 vaccine rollout.

Source: Governments must prioritize vaccinations for front-line workers | Public Service Alliance of Canada (psacunion.ca)

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PSAC begins talks to improve the Public Service Health Care Plan

April 8, 2021

PSAC is launching a new round of negotiations with Treasury Board to update and strengthen the Public Service Health Care Plan (PSHCP). The much-delayed talks are starting after PSAC, other federal public service unions, and the National Association of Federal Retirees threatened legal action earlier this year to compel the government to come to the table.

The health care plan, which covers most federal public service workers and retirees, has not been meaningfully updated since 2006 and needs significant updates to reflect recent medical advances, increases in the cost of health services, and emerging technologies. Supported by the results of a membership survey on the health care plan and other extensive research, PSAC is ready to advocate for a comprehensive set of proposals to improve the health care plan, including:

  • greater coverage for vision care (including laser eye surgery)
  • increased coverage for all paramedical services (such as physiotherapy, massage therapy, chiropractic care)
  • improved coverage for psychological services (including higher claimable maximum and access to a wider range of practitioners)
  • removal of prescription requirements for paramedical benefits claims
  • new coverage for acupuncture services
  • new coverage for medical cannabis

A full list of our proposals to improve the health care plan is available.

Please keep your contact information up to date via the member portal to receive more updates as our negotiations proceed.

About the Public Service Health Care Plan

The Public Service Health Care Plan provides coverage for a wide variety of health-related products and services for a majority of federal public service workers. PSAC negotiates the health care plan directly with Treasury Board, together with other bargaining agents of the National Joint Council  and the National Association of Federal Retirees, representing retired members. This is done outside of the regular bargaining process for collective agreements.

Source: PSAC begins talks to improve the Public Service Health Care Plan | Public Service Alliance of Canada (psacunion.ca)