PSAC has filed an unfair labour practice against Parks Canada Agency for refusing to provide seasonal and term workers the pensionable lump sum payment negotiated as part of the collective agreement signed September 26.
Parks Canada blamed wildfires for the nearly eight-week delay in signing the collective agreement, causing many of the very PSAC members who were on the frontlines fighting these fires to lose out on receiving the $2,500 lump sum payment. For members to receive the lump sum payment, they must be in the bargaining unit when the collective agreement is signed. Take Action
The delay means approximately 300 Parks Canada members who are term and seasonal workers will not receive the payment, including firefighters who battled wildfires, members in seasonal term positions at Canada’s historical sites, in the midst of a national housing crisis. Contracts for these workers typically end between late August and early September.
The Parks Canada bargaining team has made it clear throughout this round of bargaining that this employer’s over-reliance on and abuse of term and seasonal workers is unnacceptable. Now, these same precarious workers will be burned again.
PSAC will be arguing that members who have completed their contracts since the ratification on August 4 should receive the $2,500 pensionable lump-sum payment that was negotiated in good faith at the table.
After a successful mobilization campaign by PSAC members across the North, homeowners working for the federal government will continue to receive a housing cost allowance as part of the National joint Council’s (NJC) Shelter Cost Differential (SCD) program.
When the revised Shelter Cost Differential methodology was announced July 4, the new provisions were expanded to include several new northern communities that were previously ineligible for the housing cost allowance, which meant many more PSAC members would be included as part of the subsidy.
However, the revised provisions initially specified that the subsidy would only apply to employees renting private accommodations or living in government housing.
PSAC action led to change
PSAC and other unions immediately flagged this would mean homeowners currently receiving the subsidy would now be excluded, and Treasury Board agreed to review and discuss the potential impacts to federal public service workers at the Isolated Posts and Government Housing committee meeting October 31.
Following that meeting, unions and Treasury Board agreed to revise the Shelter Cost Differential to ensure it would be payable to employees renting or owning private accommodations as part of the expanded list of communities in Appendix K-1, as well as to employees renting government housing as part of Appendix K-2.
Our members played an important role in making this happen. We came together, spoke up, and pushed for change. PSAC engaged with northern MPs while members took action by writing to their MP and federal Ministers to highlight the importance of this subsidy for federal public service workers living and working in the North. The Shelter Cost Differential is vital to help offset the high cost of living in the North for federal public service workers.
This financial support is also instrumental in recruiting and retaining federal public service workers in northern communities.
Learn more about the Shelter Cost Differential change
Additional information about the Shelter Cost Differential and the revised methodology that came into effect August 1, 2023 and the transitional provisions that will take effect December 1, can be found on the National Joint Council’s website and their FAQ about the changes.
The federal government has already spent nearly $8 million fighting to dismiss the Black Class Action lawsuitten times more (in French only) than it has invested implementing the mental health fund for Black federal public servants promised in the 2022 federal budget.
The ballooning legal costs underscore how the federal government continues to publicly claim it is addressing racism and discrimination in the federal public service while continuing to deny justice for Black, racialized and Indigenous workers.
“It’s disheartening to see the government spending millions fighting Black workers in court, despite having harmed them, rather than investing significantly in implementing solutions to combat discrimination,” said Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat.
The Liberal government set aside $3.7 million over four years in Budget 2022 to develop a Black-led Mental Health Fund for Black federal public service workers, with an additional commitment of $45.9 million in Budget 2023.
However, order paper documents requested by the NDP show that Treasury Board has so far only spent $787,207 to develop and implement the plan. Black public service workers who face systemic barriers have yet to see actual support provided to them or a concrete plan outlining how the government plans to establish dedicated career development programs, including initiatives to prepare Black public service leaders for executive positions.
Millions to fight Black workers in court
Instead, released documents confirm the government spent approximately $7.85 million since 2020 for services by Department of Justice lawyers, notaries, and paralegal professionals to fight the class action lawsuit.
Those legal costs are likely just a fraction of the cost the government will ultimately spend fighting the lawsuit since the Black Class Action has yet to be certified. A certification hearing date has been set for May 3, 2024.
“Despite multiple measures announced over the past three years, there’s been no tangible change for these workers; discrimination persists, and the harm continues. We strongly urge the government to come to the table with these workers and cease wasting taxpayers’ money on prolonged legal battles,” said Thompson.
PSAC has repeatedly called for the government to settle the Black Class Action lawsuit, and directly address decades of anti-Black discrimination in the public service.
“It is devastating for Black workers to find out that this government – their employer – has spent millions fighting to deny them justice in court while at the same time dragging their feet implementing programs meant to eliminate systemic barriers for Black public service workers,” said Chris Aylward, PSAC national president.
As Canada’s largest federal public service union, PSAC represents the largest portion of the nearly 1,500 plaintiffs. PSAC has contributed $80,000 to the Black Class Action and is committed to seeing justice carried out for Black federal public service workers.
OTTAWA – The Auditor General released a scathing report on diversity and inclusion in the federal public service. The report takes serious issue with the failure of leaders in the public service to enforce existing laws, mandates, and requirements relative to diversity, equity, and, inclusion in order to ensure fairness and equality for Black and racialized workers throughout the Federal Public Service.
A major theme emerged from the confidential interviews conducted with racialized employees. They felt there was a lack of commitment to equity, diversity, and inclusion, and there was a perception that meaningful change was not being achieved. Some employees reported that they did not know the status of initiatives from action plans or what progress toward outcomes had been made. As a result, many believed that equity was an empty word in their organizations, and plans and committees were devoid of the potential to bring about meaningful changes.
The Report found that out of the six organizations reviewed none had established comprehensive reporting mechanisms on progress against specific outcomes relative to diversity, equity, and inclusion initiatives relative to racialized employees in their organization. As a result, the 6 organizations did not know whether their actions had made or would make a difference in the work lives of racialized employees.
The report further revealed that just 44% of the Black visible minority subgroup felt free to discuss racism without the fear of facing reprisals, in contrast to 55% of its visible minority survey respondents and 67% who felt similarly across the entire organization. This stark disparity underscores the presence of persistent anti-Black racism within the federal public service and highlights the deep-seated mistrust of internal processes by those who have experienced racial discrimination.
A landmark class action brought by Black public service workers against the Government of Canada was launched on December 1, 2020, to address patterns of systemic discrimination and negligence experienced by Black workers within the Federal Public Service and by Applicants who were denied hiring and promotion based on their race.
The claim challenges the visible minority category of the Employment Equity Act as masking disparities contrary to the equality rights and anti-discrimination guarantee to Black people under the Canadian Charter of Rights and Freedoms. The claim further seeks compensation and damages for the significant discrimination, harassment, and barriers experienced by Black applicants and workers throughout the Federal Public Service.
The report of the Auditor General lays clear the truths experienced by Black workers across the Federal Public Service in terms of racist and discriminatory treatment and significant fear of reprisal in circumstances where employees seek to raise these concerns.There is a woeful lack of accountability and measurement of actual outcomes on diversity, equity, and inclusion for Black workers. Despite years of reports and studies rehashing the same concerns, the reality is that Black workers continue to be ghettoised in the lowest levels of the Federal Public Service and excluded from the upper levels of management at consistently higher rates than other workers. This most recent Report is just one in a series that recognises this reality of the experience of Black public service workers. Nicholas Marcus Thompson, Representative Plaintiff
The Black Class Action Secretariat is calling on the Prime Minister, the newly appointed Minister of Justice, and the Court to intervene to ensure that Black Canadians do not continue to experience the same kind of institutional barriers, systemic discrimination, bad faith, and unfair treatment rooted in their race and skin colour, which concerns are validated by the Auditor General’s Report.
These employees deserve better. Canada deserves better, states human rights lawyer Hugh Scher.
Unions representing millions of workers across Canada have united in a collective call for the government to settle the lawsuit on behalf of thousands of Black federal public servants. This united call comes in the wake of findings indicating that the Canadian Human Rights Commission (CHRC) discriminated against its Black and racialized employees. We urge the government to consent to certification and engage in meaningful discussions to resolve the landmark class action filed on behalf of Black workers, who continue to face severe and pervasive systemic discrimination and negligence, a matter that is underscored by the Auditor General’s report published today.
Aboriginal people on reservations in Canada, the hardships faced by Blacks in South African Townships, and the population of Gaza may seem disparate, yet their struggles mirror each other. It’s a harsh truth that humanity has yet to fully conquer its historical inequities; instead, they echo around the world, distinct yet strangely alike.
The historical and present-day social and economic conditions of these communities reveal a common story: one of marginalization, discrimination, poverty, and an alarming lack of basic services. Even though these injustices take place thousands of miles apart, this comparison invites us to consider the global resonance of historical and structural inequality.
Invisible walls confine and encapsulate the people of Gaza, similar to the restrictions Aboriginal people face within the boundaries of Canadian reservations. For the Black populations living in South African Townships, there are unseen divides that permeate every facet of their lives, acute reminders of a socio-political system that for years valued separation and subordination.
While on different continents and born into different cultures, the people of Gaza the Aboriginals on Canadian reservations, and Blacks in South African Townships face unfathomable challenges including inadequate healthcare, lack of quality education, systemic poverty, and enforced isolation.
It is this commonality of adversity that serves as a window into the perseverance, resilience, and determined human spirit of these individuals and communities. Yet, to only highlight their resilience misses the point—it distracts us from the fact that they should not have to be resilient to such conditions in the first place.
There is an urgent need to extend compassion, support, and decisive action across geographical borders to these marginalized communities. They have already endured the brunt of human-made barriers and systems of oppression for so long. It’s time we shed the spotlight on these glaring global inequalities, amplifying the voices of those who have historically been silenced, promoting socioeconomic reforms to eradicate poverty, and fostering a culture of inclusivity and recognition of indigenous rights.
In understanding and highlighting these similarities, we create space for empathy, change, and solidarity. Let us remember that injustice anywhere is a threat to justice everywhere, and it is our collective responsibility to challenge and transform these echoes of inequality.
Sam Padayachee is the UNE Regional Representative for Human Rights, Ontario.
As part of the collective agreement PSAC secured during this round of bargaining, the $2,500 pensionable lump-sum payment will be issued on November 8 for all eligible PSAC members in the PA, SV, TC, and EB Treasury Board bargaining groups and PSAC-UTE members working for Canada Revenue agency.
See our FAQ for full details about eligibility for the lump sum payment.
Processing dates for retroactive pay and wage adjustments vary by bargaining group. Full details for each table are included below.
The employer had 180 days to action payments following the signing of the collective agreements this summer. All non-monetary terms of the collective agreement took effect immediately upon signing.
Program and Administrative Services (PA Group)
The new collective agreement was signed on June 27, 2023 and wage adjustments were reflected on the August 2 pay stub.
The retroactive pay was processed and issued on the October 25 pay stub, and the $2,500 pensionable lump-sum payment will be issued on November 8.
Operational Services (SV Group)
The new collective agreement was signed on July 11, 2023 and wage adjustments were reflected on the August 30 pay stub.
Retroactive pay will be processed and issued on the November 22 pay stub, and the $2,500 pensionable lump-sum payment will be issued on November 8.
Technical Services (TC Group)
The new collective agreement was signed on June 27, 2023 and wage adjustments were reflected on the August 2 pay stub.
The retroactive pay was processed and issued on the August 30 pay stub, and the $2,500 pensionable lump-sum payment will be issued on November 8.
Education and Library Science (EB Group)
The new collective agreement was signed on July 11, 2023 and wage adjustments were reflected on the August 30 pay stub.
Retroactive pay will be processed and issued on the November 22 pay stub, and the $2,500 pensionable lump-sum payment will be issued on November 8.
Canada Revenue Agency (CRA)
The new collective agreement was signed on June 27, 2023 and wage adjustments will be effective November 1.
The $2,500 pensionable lump-sum payment will be issued on November 8.
On October 21, 2022, the PSAC National Board of Directors (NBoD) placed UNE in trusteeship. As a result, a team was put in place including a Trustee, Administrators, and Deputy Trustees, who collaborated with assigned assistants in each region. Since then, this team and UNE staff have worked hard to ensure that UNE members continued to receive services from their Component and that a plan was put in place for the Component to regain its autonomy.
Today, the PSAC NBoD voted to transition UNE from trusteeship to administration, and the NBoD will review the administration of UNE at their next meeting in February 2024. What this means is the newly elected UNE leadership will immediately assume their responsibilities, work with the Administrators, and continue to receive guidance and resources from the PSAC National Office.
Sharon DeSousa, UNE Trustee and PSAC National Executive Vice-President, was satisfied with the progress achieved within UNE over the past year and presented the motion at the PSAC NBoD to move UNE from trusteeship to administration.
“Several accomplishments have been made over the past year as UNE worked towards the Triennial Convention. We held a successful Human Rights Conference last November, six Regional Seminars across the country, brought 85 Locals back into conformance, and continued to deliver the high service level that UNE members expect and deserve. Finally, we passed several important resolutions and elected new leadership at the Triennial Convention in August.”
The Deputy Trustees and their teams provided sound governance and strategic oversight over the past year. It’s now time to pass the baton to the UNE leaders elected at Convention to continue this work and advance the Component. This period of administration is important, to allow for this transition and collaboration to build a strong foundation for UNE’s future.
PSAC has filed policy grievances challenging the government’s unilateral recovery of Phoenix overpayments without notice on behalf of PSAC members working for Treasury Board, the Canadian Food Inspection Agency and Parks Canada.
The Public Service Pay Centre has been clawing back outstanding overpayments of $250 or less (less than 10% of gross bi-weekly pay) dating back to 2018 from PSAC members’ paycheques without notifying impacted members, without providing them with details of the alleged overpayment, and without an opportunity to contest the validity of the overpayment, or flexibility to repay.
Nearly 1,000 federal public service workers were impacted by these overpayment recoveries.
Automatically recovering overpayments in this manner is arbitrary, unreasonable, may constitute bad faith and violates members’ collective agreement rights. Members deserve to know when recoveries of outstanding overpayments may occur on their pay and have the right to verify and validate these amounts prior to recovery.
It’s expected that the Pay Centre also plans to recover outstanding overpayments from 2019 and 2020 in the coming months.
In summary, the PSAC’s policy grievance seeks several corrective actions, including:
Reimbursement for affected members for any amounts recovered by this process;
For the employer to be restricted from recovering any overpayments without prior notice to workers;
That all employees receive overpayment letters detailing the alleged outstanding overpayment(s) a minimum of 60 days prior to any planned recovery;
That the employer provide sufficient information to understand and calculate the overpayment recovery upon request;
That the employer pay damages to affected employees and to make them whole.
Next steps
While the grievances are processed, PSAC will continue to help members affected by Phoenix pay issues, including overpayment issues. If you received a Phoenix overpayment letter, please refer to our specific recommendationson how to proceed.
If you have any concerns or require assistance, please contact PSAC’s Phoenix help team by selecting ”Phoenix – Overpayment” from the ”What is your inquiry about” dropdown menu.
UNE Local Representatives have been dealing with a high volume of inquiries about the latest on the Parks Canada Retroactive Payment.
The employer has 180 days from the signing of the contract to implement wage increases, wage adjustments and allowances. If the Parks Canada Agency is unable to meet this deadline, there is a lump sum of $200 payable if the outstanding amount is more than $500 owed.
The agreement was signed September 29, 2023. Therefore, the employer has until March 27, 2024 to make the payments.
As part of changes to the revised Shelter Cost Differential methodology implemented August 1, homeowners working for the federal public service in five northern communities will no longer receive a housing cost subsidy to offset the high cost of living in the North.
Take action – tell MPs that homeowners should continue to receive the subsidy. This financial support plays a key role in recruiting and retaining federal public service workers in northern communities.
