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Update on the Taxability of Phoenix Damages

January 13, 2021

Treasury Board has provided PSAC with a letter from CRA setting out its preliminary view that the general damages in the Phoenix settlement agreement are taxable. This letter, which was prepared at Treasury Board’s request and without PSAC’s input, is not a formal tax ruling and PSAC is contesting this conclusion.

PSAC maintains that general damages paid to all employees for “stress, aggravation, and pain and suffering” and for the late implementation of collective agreements are non-taxable, as CRA has acknowledged other specific damages in the settlement should be treated.

We carefully negotiated an agreement that reflects a wide range of impacts suffered by PSAC members, including the significant emotional toll that the implementation of the Phoenix Pay System had on them. The tax treatment of the general damages should reflect the purpose of that compensation. The letter from CRA contains numerous critical factual errors and misapplies the relevant income tax principles on this issue.

We have communicated with both Treasury Board and the CRA about our concerns and will continue to work to resolve these issues. Our goal is to ensure PSAC members receive the full compensation they deserve and that we avoid any time consuming and complex tax disputes for individual members.

The resolution of these issues is of extreme importance to PSAC and we will continue to update members as we work to bring this to a conclusion. We will also update members as soon as we receive a projected timeline from Treasury Board as to when members can expect to receive their payments.

Source: Update on the Taxability of Phoenix Damages | Public Service Alliance of Canada (psacunion.ca)

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Parks Canada workers to join over 100,000 PSAC members in strike votes

March 11, 2020

National President Chris Aylward has authorized strike votes for members of the Parks Canada bargaining unit. Parks members will have the opportunity to join 90,000 Treasury Board bargaining members to vote at strike meetings to be held from March 16 to May 7. Strike votes for the 27,000 members of the Canada Revenue Agency bargaining unit are already underway.

A strong strike mandate from members will force the Parks Canada Agency to come back to the bargaining table with a new mandate so that your Parks bargaining team can get a fair settlement quickly.

In the coming weeks members will receive notices of strike vote meetings via email and through your locals and regional offices. The information will also be posted on the front page of the national website, as well on PSAC regional websites.

Source: PSAC

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One year later, Parks Canada claims it still has no mandate to bargain

February 7, 2020

The Public Interest Commission (PIC) hearing for Parks Canada bargaining took place January 27 to 28, with mediation January 29 to 30. Your Parks bargaining team came to the PIC ready to resolve outstanding issues, yet the Parks Canada Agency came to the hearing singing the same old tune.

Read the PSAC’s PIC brief and the employer’s PIC brief

After a solid year of bargaining, the employer still hasn’t tabled a formal pay proposal, neither has it taken a position on implementation, Work Force Adjustment (WFA) or Phoenix. The agency continues to claim it doesn’t have a mandate from Treasury Board despite the fact that Parks Canada members have been working without a contract since August 2018.

Limited progress

The Parks bargaining team was able to make limited progress on a few items in mediation. They achieved a letter of understanding (LOU) for a Joint Learning Program (JLP) pilot project with money attached. They also got the employer to drop concessions on hours of work, overtime, callback and reporting. Concessions for seasonal and term workers remain outstanding.

Future bargaining

As the employer seems unwilling to bargain in a meaningful manner, no further meeting dates have been set. PSAC expects the PIC report in the upcoming weeks. Stay tuned for further updates that will detail the report’s recommendations.

Will we strike?

Your bargaining team continues to seek parity and fairness, improved work-life balance, increased job security and fair compensation for all Parks Canada workers, and they will not concede to anything less. Our expectation is that the employer will get a revised mandate in the near future that brings both parties closer together, but each time they squander an opportunity to negotiate, it seems unlikely this will happen without increased pressure.

If PSAC and the employer are still unable to reach an agreement after the PIC report is issued, members will have the opportunity to join Canada Revenue Agency workers and take a strike vote. History has taught us that the best way to avoid strikes is to prepare for one. A strong strike mandate from our members often persuades the employer to come back to the table with a better offer.

In order to reach the fair deal that our members deserve, PSAC will continue to mobilize its membership through increased workplace action, up to and including a strike, until a fair settlement is reached.

Attachments:

Source: PSAC Website

 

 

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Parks Members Head to Public Interest Commission This Week

January 27, 2020

Parks Canada bargaining team members will head to their Public Interest Commission (PIC) hearings January 27, 28 and 30 in Ottawa. Parks members are one of nine PSAC bargaining units who are moving through the PIC process as negotiations reached an impasse last July.

During the hearings, PSAC will present our proposals for a fair and progressive collective agreement for Parks Canada workers, which includes:

  • A competitive wage increase
  • Introduce protections to guard against the impacts of Phoenix
  • Improvements to leave provisions, work-life balance, parity with the core public service, and improvements for seasonal workers
  • Access to domestic violence leave
  • Measures to achieve pay parity for Park Wardens and Park Warden Supervisors
  • An Indigenous language allowance
  • The creation of a joint committee on child care
  • A plan to further increase parity for Parks Canada by joining the National Joint Council

Watch members of the Parks negotiating team discuss the important issues on the table

What is a Public Interest Commission (PIC)?

Under the law that governs contract negotiations in the federal public service, once impasse is reached at the bargaining table, a PIC is established to help the parties reach an agreement.

The PIC is a panel of three people – a chairperson appointed by the Labour Board and nominees appointed by the union and management. The union and the employer submit briefs and explain their positions on the outstanding issues at a hearing with the PIC. The PIC then issues a report with recommendations for settlement. The recommendations are not binding. Once the PIC releases its reports for the various PSAC units, the union’s respective bargaining teams will meet to discuss the recommendations.

Stay up to date!

It’s important that all Parks Canada workers are receiving the latest bargaining news especially at this critical time in the process. You can help spread the word by:

Source: PSAC

 

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Labour Board sides with Parks Canada workers, moves forward with Public Interest Commission

The Federal Public Sector Labour Relations Board has upheld PSAC’s decision to declare impasse in Parks Canada bargaining. In August, the employer disputed PSAC’s determination that both parties had reached an impasse in bargaining. They sent a request to the Labour Board arguing that declaring impasse was “premature” and that both parties had not sufficiently bargained.

The Labour Board disagreed with the employer and denied their request to delay the establishment of a Public Interest Commission (PIC). In a letter outlining the verdict, the Labour Board stated that PSAC’s Parks Canada bargaining team had “negotiated sufficiently and seriously” and therefore they would be recommending the establishment of a PIC.

Employer backs out of mediation

Both PSAC and the employer indicated that they would be open to mediation. Therefore, in August, the Labour Board assigned a federal labour mediator so that both parties could engage in mediation while waiting for the establishment of the PIC. PSAC told the Labour Board that it expected the employer to come to mediation with a complete monetary proposal and with a response to the union’s pay and workforce adjustment (WFA) proposals. In September, the employer responded that they were no longer willing to move forward with scheduled mediation because they have no mandate, despite initially requesting continued negotiations and mediation.

The Labour Board has scheduled a Public Interest Commission for Parks Canada bargaining January 27 to 30, 2020.

What is a Public Interest Commission (PIC)?

Under the law that governs contract negotiations in the federal public service, once impasse is reached, a PIC is established to help the parties reach an agreement. The PIC is a panel of three people – a chairperson appointed by the Labour Board and nominees appointed by the union and the employer. The union and the employer submit briefs and explain their positions on the outstanding issues at a hearing with the PIC. The PIC then issues a report with recommendations for settlement. The recommendations are not binding.

Once the PIC releases its report on Parks bargaining, PSAC’s bargaining team will meet to discuss the recommendations. Traditionally, following this, PSAC’s negotiating team and government representatives return to the table to resume negotiations.

Will we strike?

Regardless of which party forms government after the fall federal election, PSAC will continue pressing for a fair deal that addresses Parks members’ demands. However, if PSAC and the government are still unable to reach an agreement after the PIC report is issued, Parks members will have the legal right to strike. All members impacted will have the opportunity to vote in favour or against strike action. In preparation for this possible situation, PSAC will ensure that strike training is offered to members in the coming months.

Source: PSAC

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Parks Canada: Negotiations progress gradually

This week, negotiations continued towards securing a new collective agreement for over 4,000 Parks Canada members. Bargaining teams from both sides met in Ottawa from April 30 to May 2.

PSAC’s Parks negotiating team saw some movement at the bargaining table, but in small increments. Although the employer did come to the table with more language in this round, they still showed reluctance to move on major items. Most of the negotiations this week focused on non-monetary articles.

Securing Phoenix protections

This week, our negotiating team tabled our Phoenix pay administration proposal, which includes language to secure interest on monies owed if the employer fails to pay employees on time. This provision also includes reimbursements for members who have to seek accounting and financial management services to remedy inaccurate income reporting. Also included are other provisions to protect employees such as deduction rules for overpayment and emergency salary advances. The employer has yet to respond to this proposal.

The importance of domestic violence leave

The highlight of the week was our presentation to the employer on the value of domestic violence leave. PSAC presented overwhelming research on what’s at stake for those experiencing domestic violence and how this impacts the workplace. Our team emphasized the importance of accommodations and the cost of doing nothing. The employer seemed receptive to this proposal, which resulted in a productive discussion.

No progress on key items

Discussions continued on other bargaining demands such as vacation leave, whistleblowing, the Joint Learning Program, designated paid holidays, vacation leave, injury on duty leave, and joining the National Joint Council. During this time our bargaining team secured minor improvements to harassment language and in the articles relating to the definition of family.

Bargaining team rejects clawbacks

Unfortunately, the employer continues to ask for concessions concerning seasonal employees. The employer wants to prorate the number of family-related days for seasonal employees which would ultimately reduce the amount of leave members would have access to. Our negotiation team firmly conveyed to the employer that we will not accept concessions.

Parks Canada negotiations are set to continue May 28 to 30.

Source: PSAC

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2019 Federal Budget


Complementary to the PSAC analysis, UNE went through the 2019 federal budget. Here is a summary of the measures that matter to you as a UNE member.

Phoenix and NextGen 

“To continue progress on stabilizing the current pay system, Budget 2019 provides an additional $21.7 million in 2018–19 to address urgent pay administration pressures (partially sourced from existing departmental funds), and proposes to invest an additional $523.3 million over five years, starting in 2019–20, to ensure that adequate resources are dedicated to addressing payroll errors.”

PSAC and UNE welcome these additional funding measures to address the Phoenix fiasco, but as pointed out by PSAC, “they fall significantly short of what is required to end the pay nightmares of Canada’s federal public service workers.”

We are happy that the Canadian Revenue Agency (CRA) will be receiving an additional $9.2 million in 2019–2020 for any telephone enquiries.

As for NextGen, there is not much detail in this budget plan other than public sector unions will be consulted during the review process.

Gender Equality

The gender-based analysis plus (GBA+) is work in progress and Budget 2019 allocates $1.5 million to the Treasury Board Secretariat (TBS) over five years. TBS will work with other departments in the collection of GBA+ data.
The new Department for Women and Gender Equality will receive $160 million over a five-year period. This important investment will allow strengthen its mandate.

Extra Funding for the LGBTQ2+ Secretariat

$3.6 million is being allocated to the LGBTQ2+ Secretariat over three years. The Secretariat collaborates with stakeholders to inform the “Government’s activities on issues related to sexual orientation, gender identity and gender expression.”

Support for Racialized Workers

PSAC and UNE “welcome the investment of $45 million over three years to support a new Anti-Racism Strategy along with an Anti-Racism Secretariat. We hope the government will integrate PSAC’s recommendations in making a stronger commitment to employment equity, accessible and transparent staffing processes and reconciliation with the Indigenous community. The $25 million over five years for projects and capital assistance to celebrate, share knowledge, and build capacity in Black Canadian communities is long awaited funding.”

Parks Canada

We can read at page 300 that $19 million will be allocated to fund capital projects in national parks, national marine conservation areas and national historic sites. That does not address major concerns raised in a report commissioned by Parks Canada. The agency has “deferred up to $9.5 billion in badly needed work – and ought to spend up to $3.3 billion on top of that to cope with the threat of climate change.” “When reviewed, 24 per cent of the asset[s] were assessed as being in good condition, 36 per cent in fair condition, and 40 per cent in poor or very poor condition,” says the report. In other words, this budget does not address a systemic situation that Parks Canada has been facing for years.

Lack of Measures Precarious Workers

This budget lacks measures to address the issue of using temporary agencies and casual contracts, and to protect the most vulnerable workers through a federal workers’ compensation plan.

Social Security Tribunal

Following the recommendations of a 2017 independent review of the Social Security Tribunal of Canada and comments expressed by Canadians trough consultations, the government is trying to fix a situation created by the Harper Government. “To make the recourse process for EI, CPP, and OAS easier to navigate and more responsive to the needs of Canadians, Budget 2019 proposes to invest $253.8 million over five years, starting in 2019–20, with $56.7 million per year ongoing.”

Social Development Minister Duclos has recently declared that “the government will bring back the three-person hearings for the first layer of benefit appeals — in a body separate from the tribunal — and retain the tribunal’s single arbitrator for the second, and final, layer.” UNE welcomes this funding.

Federal Public Service Dental Plan Coverage

These improvements for the dental coverage follow an important PSAC victory. After lengthy negotiations and an arbitration process, PSAC won the arbitral decision for the Public Service Dental Care Plan late last year.

Making Workplaces more inclusive

The government has pledged $12 million over three years to support employment for persons with intellectual disabilities and Autism Spectrum Disorder (ASD).

As for federal workplaces, “[t]he [g]overnment has committed to hiring at least 5,000 people with disabilities over the next five years.” In order to reach that goal, it will spend $13.7 million over that period of time.

Staffing at Immigration, Refugees and Citizenship Canada

We welcome investments in staffing at Immigration, Refugees and Citizenship Canada (IRCC).

Indigenous Communities across Canada

Budget 2019 includes 24 measures for Indigenous peoples, totaling approximately $4.7 billion. Federal measures towards Indigenous Peoples include:

  • $127 million to create the National Council for Reconciliation
  • $1.2 billion over three years for Jordan’s Principle
  • $739 million over five years for water
  • $333.7 million over five years + $115.7 million ongoing to implement the Indigenous Languages Act
  • $327.7 million over five years for post-secondary education
  • Loan forgiveness and reimbursement for comprehensive claims and research for specific claims

As pointed out in the PSAC article, there is “no dedicated funding for Indigenous women’s organizations, to support and carry out the necessary work that will come out of the recommendations of the [National Inquiry into Missing and Murdered Indigenous Women and Girls]. This is a glaring gap.”

Canada’s North

Budget 2019 focuses on four areas:

  • People: options for post-secondary education are expanded; Northern Isolated Community Initiatives Fund established over five years; measures to improve people’s health and well-being
  • Economic Development: measures in resource development, innovation and business growth
  • Infrastructure: one major announcement is restoring rail service to Churchill, MB; more funding for more infrastructure, cleaner energy and high-speed Internet access
  • Science and Environment: more support provided towards science and research, and conserving the Arctic environment
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E-Petition to the Federal Government – Parks Canada and Historical and Cultural Artifacts

E-2048 (Canadian Heritage)

The Petition is open for signature until June 25, 2019, at 4:56 p.m. (EDT)

Whereas:

  • Parks Canada holds in stewardship a large collection of historical and cultural artifacts created by diverse communities across Canada;
  • Understanding these traditions is a key part of celebrating and continuing unique cultural, regional and ethnic identities, such as the Metis;
  • These collections have been maintained in regional centers (e.g. Winnipeg) so that they can be accessed by researchers, members of their originating communities, and local historic sites;
  • Plans to centralize all Parks Canada collections in Gatineau will prevent local scholars and community members from accessing, studying, or understanding their own past;
  • The removal of local history will irrevocably damage the diverse regional and cultural traditions that have created a multicultural Canada; and
  • The forcible removal of cultural property from the reach of Indigenous communities is an act of colonization which is wholly incompatible with the Truth and Reconciliation Commission’s Calls to Action.

We, the undersigned, citizens and residents of Canada and Kildonan-St Paul, call upon the Government of Canada to (a) commit to keeping all historical objects in their context so that they may be readily available to scholars, scientists, and the members of their originating communities; (b) cancel plans to centralize the historical artifacts and resources held by Parks Canada in one facility in Gatineau; and (c) commit to maintaining regional facilities for artifact storage and curation in Manitoba.

SIGN THE PETITION

 

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Parks National Bargaining Conference

PSAC’s Parks Canada met last week in Ottawa for a three-day bargaining conference. Members from across the country gathered from September 25 to 27 in order to prepare for upcoming negotiations for a new collective agreement.

Throughout the conference, the delegates:
• learned about the collective bargaining process,
• reviewed bargaining proposals and discuss priorities,
• developed mobilization strategies, and
• elected their bargaining team members.

The new bargaining team. First row, from left to right: Omar Murray (Local 40340 – Parks Canada – Saskatchewan South, SK); Loretta Moar (Local 50110 – Riding Mountain National Park, MB); Kassandra McKinnon (Local 90023 – Parks Canada Employees); Angela Decker (Local 90265 – Gros Morne National Park, NL); Birch Howard (alternate) (Local Y0104 – Kluane National Park, YT). Second row, from left to right: UCTE member Daniel Britton; UCTE member Réginal Bernatchez (alternate); Daniel Toutant (Local 10269 – Mauricie National Park and Forges du Saint-Maurice National Historic Site, QC); Marc Phillips (Local 70501 – Parks Canada Agency (Gatineau), NCR); André Miller (alternate) (Local 70501 – Parks Canada Agency (Gatineau), NCR); Mike LeBlanc (alternate) (Local 60284 – Kouchibouguac National Park, NB)

Parks Canada members signed their most recent agreement on May 31, 2018. The four-year collective agreement, which expired August 4, 2018, includes an updated definition of ‘family’, improved leave provisions, improved member protections, unchanged sick leave, and monetary compensation for members.

Stay up to date with bargaining news by visiting the PSAC Parks Canada bargaining webpage, or sign up to receive PSAC e-News.

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Park Wardens attending the 2018 Canadian Police and Peace Officers Memorial Service

First row from left to right: Kelly Forbes (Local 00041 – Bruce Peninsula); Anika Hodgson (Local 30116 – Elk Island); Sharon Woods (Local 20106 – Mount Revelstoke); Tanya Dowdall (Local 29266 – Pacific Rim); Courtney Bearinger (Local 30402 – Lake Louise)
Second row from left to right: Birch Howard (Local Y0104 – Kluane); Jonathan Jansen (Local 00238 – Georgian Bay); Erin Munk (Local 50110 – Riding Mountain); Jordan Morrison (Local 00041 – Bruce Peninsula)

Nine park wardens participated in the 2018 Canadian Police and Peace Officers Memorial Service on September 30. Sharon Woods, Tanya Dowdall, Courtney Bearinger, Kelly Forbes, Anika Hodgson, Birch Howard, Jonathan Jansen, Jordan Morrison and Erin Munk proudly marched and took part in the service on Parliament Hill to honour fallen police officers. UNE National President Kevin King also attended the service.

The last Sunday of September of every year was declared as the Police and Peace Officers’ National Memorial Day in 1998 by the Canadian Government.
Park Warden Sharon Woods read the names of the six fallen police officers who died in the line of duty, to be added to the memorial wall.

The UNE is proud to represent law enforcement personnel working at Parks Canada and for the Parliamentary Protective Services (PPS).