Government moves to deny Phoenix victims full compensation

February 24, 2021

PSAC has been informed that the federal government plans to move forward with taxing Phoenix general damages on March 3rd and that they will not provide the Canada Revenue Agency (CRA) with information they requested in order to revisit their initial opinion on taxability.

It is completely unacceptable for Treasury Board to deny CRA the information they need to provide a revised opinion before issuing the general damages payments. Their own letter to PSAC confirms that CRA is willing to work with them to revisit their opinion based on the facts raised by PSAC – information that CRA was not provided by Treasury Board originally. This is a crass attempt to interfere with the review by CRA and to expedite the claw back of the Phoenix damages settlement.

On the very week of Phoenix’s 5th anniversary, the government has found yet another way to hurt PSAC members impacted by years of pay problems.

CRA relied on information from Treasury Board when it issued an initial opinion about the tax implications of the Phoenix settlement. The opinion contained a number of errors and when these errors were pointed out by PSAC, particularly with regards to general damages for pain and suffering, CRA agreed to re-issue an opinion if Treasury Board joined us in clarifying the facts. Treasury Board has refused to cooperate, denied that they even understood this mutual agreement between the three parties, and are openly stating to members that general damages are to be taxed – despite the fact that they are blocking CRA’s ability to revisit their opinion.

If their disregard for our members continues, it could ultimately lead to thousands of unnecessary tax challenges and lengthy retroactive payments.

Next steps: Going to CRA directly

With the government refusing to cooperate, we have decided to submit our own declaration of facts to CRA directly, along with case law addressing the awarding of damages and those damages not being subject to taxation. CRA traditionally only engages with employers to provide opinions of taxability, but it is possible that they may choose to consider the new facts that we provide them.

We will report back to the membership as soon as we have an update to share on this front.

Why wasn’t taxability negotiated in the settlement itself?

The short answer is: we can’t do that.

The union and employer, the parties to the agreement, cannot dictate to CRA how it interprets tax laws. The taxability of damages is determined by what the money is intended to compensate for. The parties added specific language in the agreement to specify that the general damages were for “stress, aggravation, pain and suffering” in recognition of the impact on members lives. There is a strong precedent of damages for those purposes being deemed non-taxable.

What if CRA maintains its opinion in light of the government’s actions?

In the coming weeks, if CRA refuses to issue a new or different opinion due to the government’s inaction, members will have to force an official ruling from CRA by making individual appeals.

PSAC is doing everything we can to avoid this outcome as it puts the burden on our members to file the appeals, but if it becomes our last option, we will develop streamlined systems to support members in making the claims quickly and easily.

It is our top priority that PSAC members receive the full compensation that we negotiated, and which they deserve. We will continue to update members as we work to bring this to a conclusion.

Attachments: PDF icon2021-02-23_phoenix_taxability_cra_letter_en_2.pdf

Source: Government moves to deny Phoenix victims full compensation | Public Service Alliance of Canada (psacunion.ca)

Treasury Board bargaining survey: You can shape the future of work in the public service

January 26, 2021

The pandemic has radically changed the way many PSAC members work. We have experienced the challenges of working remotely from home; the impact of technological changes;  the effect of an uncertain economy on job security; and the major inequalities that remain for women, racialized workers, and many other marginalized groups. These are some of the key issues that can be addressed in the next round of bargaining that begins this summer.

This next round of talks will be all about the future of work in the federal public service and you can help decide what your union bargaining team brings to the table.

Take 15 minutes to fill out our survey to make sure we address your workplace concerns at the table. Your input is essential. We need to hear directly from you about what has changed over the last year. And we need to know more about you so that we can make the case for a contract that equitably addresses our members’ diverse needs.

Your participation in this survey and the broader bargaining process is key to our success in the next round of talks.

The survey is for members in the Program and Administrative Services (PA)Technical Services (TC)Operational Services (SV) and Education and Library Science (EB) groups. It will be open until February 25, 2021.

We are also still accepting your specific proposals for improving your next contract until January 31. Your component union and PSAC will review your proposals and they, along with the survey’s results, will be discussed at a bargaining conference of member delegates from across the country who will decide the bargaining priorities.

The current collective agreements expire on the following dates:

PA: June 20, 2021
TC: June 21, 2021
SV: August 4, 2021
EB: June 30, 2021

Please keep your contact information up to date via the member portal to receive more updates as we prepare to negotiate your next contract.

Source: Treasury Board bargaining survey: You can shape the future of work in the public service | Public Service Alliance of Canada (psacunion.ca)

Treasury Board bargaining: Tell us how to improve your next contract

December 11, 2020

PSAC is getting ready for the next round of bargaining for the Program and Administrative Services (PA)Technical Services (TC)Operational Services (SV) and Education and Library Science (EB) groups. As the first step in this process, we need to hear from you.

What would you like to see in your next collective agreement? Improved arrangements for teleworking? Better work-life balance? More support for mental health? This is your opportunity to share your ideas with us. Your participation is crucial to our strength as a union.

Send us your proposals by logging into our online form.

It’s quick and simple. If you don’t have an account on our site, you can create one now.

We are accepting input until January 31, 2021.

Your component union and PSAC will then review all your proposals and bring them to the next bargaining conference, to be held this spring, where delegates from locals across the country will prioritize them for negotiations. Talks for the next contracts are expected to begin in the summer of 2021.

The current collective agreements expire on the following dates:

PA: June 20, 2021
TC: June 21, 2021
SV: August 4, 2021
EB: June 30, 2021

Please keep your contact information up to date via the member portal to receive more updates as we prepare to negotiate your next contract.

Source: Treasury Board bargaining: Tell us how to improve your next contract | Public Service Alliance of Canada (psacunion.ca)

Retro pay and economic increase schedule announced for Treasury Board and CRA bargaining units

December 3, 2020

Treasury Board and the Canada Revenue Agency (CRA) have provided PSAC with a payment schedule for the implementation of monetary provisions now that the PAEBTCSV and PSAC-UTE collective agreements have been signed.

 Economic increase and adjustments pay cheque dateRetroactive pay cheque date$500 lump sum (for late implementation) pay cheque date$400 lump sum pay cheque date (only for UTE members)
PANov. 25, 2020Feb. 3, 2021Apr. 14, 2021 
TCDec. 23, 2020Mar. 17, 2021Apr. 14, 2021 
SVDec. 23, 2020Mar. 17, 2021Apr. 28, 2021 
EBFeb. 17, 2021Apr. 14, 2021Apr. 28, 2021 
UTEDec. 23, 2020Spring 2021Spring 2021Dec. 23, 2020

This schedule is tentative and Treasury Board and CRA may still make changes.

Payment schedules for the Phoenix settlement have still not been finalized by Treasury Board and CRA. Please keep your contact information up to date via the member portal to continue receiving information about the implementation of collective agreements and the Phoenix settlement.

CFIA and Parks Canada units

PSAC is working with the Canadian Food Inspection Agency and Parks Canada to finalize the text and pay grids of the new agreements – ratified in November – and expects to sign both new contracts shortly.

FB bargaining

The Border Services (FB) bargaining unit remains in talks with Treasury Board and the Canada Border Service Agency. Please check PSAC’s website for the latest developments.

Source: Retro pay and economic increase schedule announced for Treasury Board and CRA bargaining units | Public Service Alliance of Canada (psacunion.ca)

PA group ratification kit (full text of agreement) now available

July 23, 2020

On July 9, PSAC’s PA bargaining team reached a tentative agreement with Treasury Board. The bargaining team unanimously recommends ratification of the new agreement.

The ratification kit which includes the full text of the tentative agreement is now available for download.

Members will soon be invited to participate in an online ratification process. Details will be shared as soon as they are available.

Attachment:
2020-07-22_pa_ratification_kit.pdf

Source: http://psacunion.ca/pa-group-ratification-kit-full-text-agreement-now?_ga=2.41449570.1537710897.1595358281-1121130890.1580157739

Deal reached for Phoenix damages, PA group and common issues

July 9, 2020

In a victory for federal public service workers who have gone above and beyond to support Canadians during this pandemic, PSAC has reached a tentative agreement that provides fair wages, no concessions, and improved working conditions for the 70,000 members of the PA group, and Treasury Board common issues.

Alongside these successful talks, PSAC has also secured proper compensation for Phoenix damages to be paid to PSAC members for the pain and suffering caused by the broken pay system.

Phoenix damages

PSAC successfully negotiated a Phoenix damages settlement that is significantly better than the employer’s deal with other federal bargaining agents. Last year, PSAC rejected the government’s meagre offer of 5 days of cashable leave, which was too little and would have rewarded those who earn more while punishing workers who make less. The current agreement provides PSAC members with a fair and equitable lump sum payment of $2,500.

Unlike the tentative deal for Treasury Board bargaining that must be voted on by PSAC members in the near future, the Phoenix damages agreement required ratification by the PSAC National Board of Directors. The Board voted unanimously in favour of the offer on July 3, 2020.

Please read the following update which provides greater detail on the general Phoenix compensation portion of the settlement, as well as the expansion of the claims process for out-of-pocket expenses and for those who suffered major losses because of Phoenix.

PA Group settlement

The PSAC bargaining team successfully secured fair wage increases averaging at 2.11% per year.

PA group members would receive the following wage increases:

2018  2019  2020
2.8%  2.2%  1.35%

In addition to those wage increases, the following group-specific wage adjustments and allowances were also secured: ​

  • Improved retention allowance expanded for all employees working in compensation operations to $3,500 per year
  • A new $3,000 annual allowance for armed Fishery Officers
  • A new Primary Responsibility Allowance of $2,000 per year for parole officers and parole officer supervisors

Other improvements to the PA collective agreement include: ​

  • Increase in maternity related reassignment or leave qualification from 52 to 78 weeks following the birth of a child
  • Several leave improvements including for a person who stands in place of a relative for:
  • Leave without pay for the care of the family
  • Bereavement leave
  • Leave with pay for family-related responsibilities
  • A new leave provision for members elected to union leadership
  • An increase in meal allowance for overtime from $10 to $12
  • New language to clarify that the Employer shall provide an unpaid meal break of a minimum of thirty (30) minutes per full working day, normally at the mid-point of the working day
  • Renewal and update of a memorandum of understanding on a Joint Study on the Work Environment for Employees Working in Call Centres
  • New provision that provides call centre employees with training on crisis intervention and coping
  • Increases to funding for the Joint Learning Program, including a pilot study on health and safety training
  • Language that explicitly provides breaks for nursing employees (to nurse or express breast milk)
  • Memorandum of understanding for a Joint Study on employee support mechanisms for employees who in the course of their duties are exposed to explicit and disturbing material, and/or potentially threatening situations
  • Joint committee to review the use of Indigenous languages in the federal public service, examine Indigenous language skills in the performance of employee duties and consider the advantages that Indigenous language speakers bring to the public service
  • Memorandum of understanding regarding Occupational Group Structure (OGS) review

Common issues settlement

Alongside negotiations for the PA group, PSAC bargaining teams for the TC, EB and SV groups also joined talks to reach a settlement for Treasury Board issues common to all groups. Some of the key improvements include:

  • A one-time payment of $500 in recognition of the extended collective agreement implementation deadline and an additional $50 for every subsequent 90-day delay
  • 10 days of paid domestic violence leave
  • Better language on return to work following a maternity or parental leave, giving more flexibility to parents who wish to change positions within the federal public service.
  • Improvements to parental leave pay

Updated language to match the new legislation including a new extended leave option and the sharing of parental leave
Expanded supplementary allowance for every week an employee is on extended or shared parental leave
Additional weeks for parents covered under the Quebec Parental Insurance Plan, when both parents work in the public service.

  • New memorandum of understanding to explore the issues related to childcare in the public service
  • Updated and improved language to match the new legislation on compassionate care and caregiving leave
  • Better language to allow the use of employer facilities for union activities
  • New memorandum of understanding to protect certain working conditions of civilian members of the RCMP
  • New memorandum of understanding on mental health in the workplace to support the work of the Centre for Expertise on Mental Health
  • In the event of workforce adjustment, the education allowance has increased to $17,000
  • Deletion of Memorandum of Understanding on Supporting Employee Wellness. As a result, sick leave will remain untouched.

Full text and next steps

In the coming days when the final text and full details of the tentative agreement for the PA group and common issues are available, they will be shared with the membership. PA members will shortly thereafter be invited to participate in online ratification votes. Details about the votes will be shared as soon as possible.

The PSAC bargaining team unanimously recommends the ratification of the tentative agreement.

To ensure that you receive all updates and can participate in the ratification process, please ensure that you have either updated your contact information on the PSAC’s member portal, or that you create an account if you have not done so already.

Other PSAC bargaining groups
Bargaining dates for the SV group will be announced in the weeks to come. Negotiations for the EB, TC and Canada Revenue Agency groups will resume next week.

Source: http://psacunion.ca/deal-reached-for-phoenix-damages-pa-group-common-issues

 

Treasury Board bargaining resumes February 12 — PSAC demands new mandate from Trudeau

PSAC will be resuming face-to-face bargaining sessions from February 12 to14 on behalf of the 90,000 federal public service workers covered by Treasury Board bargaining. The union’s top priority is to obtain a fair wage settlement, and improvements in areas such as work-life balance, workload, leave provisions, and the use of temporary workers.

After many months of frustrating talks with the government, PSAC members are still waiting for a proper response to the union’s bargaining proposals. In December, the government insulted federal public service workers by coming to the table with a proposal for a two-year wage freeze.

“We will mobilize members to pressure Prime Minister Trudeau to live up to his promise of a new relationship with public service workers – one of respect,” said PSAC National President, Chris Aylward. “His Government is betraying our members and Canadians who depend on high quality public service.”

“New Treasury Board President, Jane Philpott must get a new mandate from the Prime Minister – one that will allow a fair deal. Our members have been waiting three years to get paid correctly under Phoenix – they shouldn’t also have to wait for the decent working conditions they deserve.”

Next week’s sessions will cover four bargaining units under Treasury Board: Program & Administrative Services (PA), Technical Services (TC), Operations Services (SV), and Education & Library Science (EB).

Source: PSAC’s website