January 28, 2013
Union to take CBSA back before Labour Board for reneging on Essential Services talks – again
For several years – going back to 2007 – the Union has been engaged in talks with CBSA in an effort to resolve essential services agreements (ESA's).
Under the new Public Service Labour Relations Act of 2006, unions and employers in the public service must attempt to negotiate agreements covering each bargaining unit determining which duties are essential in the event of a legal job action.
CBSA took a position at the outset of talks that all duties performed by BSO's were essential. PSAC challenged this and the Labour Board ruled in our favour, stating that several duties performed by BSO's are not essential to the safety and security of the public, including for example the collection of taxes and duties.
Our Union has also had tremendous difficulty getting CBSA to provide information on other FB positions that the employer is proposing for inclusion in the ESA. Now, after years of talks and when the parties are very near completion of the ESA process, CBSA has suddenly proposed an additional 200 positions as performing essential duties that they want included in an ESA.
We have negotiated ESA's with departments across the public service. Yet we do not have one for the FB bargaining unit, due to CBSA's intransigence at every step. As a result, we will be taking CBSA/Treasury Board back before with the Labour Board in an effort to have this matter resolved once and for all.
In the meantime, we are waiting for a recommendation from the Public Interest Commission concerning our contract dispute with Treasury Board/CBSA. Immediately before Christmas the Commission requested an extension beyond the 30-day timeline set out in the legislation. Both our bargaining team and the Treasury Board consented to this request. The Commission has not provided an indication as to when we can expect its recommendation.
We'll be sure to update as things progress. If you have any questions contact your Branch President or go to www.psac-afpc.org.
Date Modified : 2013/01/28