Bilateral meeting with the Assistant Commissioner,
Human Resource Management and the Assistant
Commissioner of Correctional Operations &
Programs – September 8th 2016
On September 8th, the Union met with CSC representatives and discussed numerous topics.
Here is a summary of those talks:
Phoenix — We have agreed to conduct weekly conference calls to follow up on individual pay
files. In addition to this, we have established another joint meeting with CSC and Public Works
(September 28th) to work through Phoenix pays issues and ensure both departments are on the
same page. As a result of our joint meeting on the 24th of August, CSC & Public Works is to
provide us clarity on procedural problems affecting issues like Priority advance payments, ROE
(record of employment), pay stub explanations, RTW protocols for members returning from
Maternity/Paternity leave, and yearly lieu time pay out/comp time. CSC informed us they are
having a meeting with Deputy Minister Lemay of Public Service & Procurement for pay files
status update.
We were also informed that the HR (Human Resources) merge with Phoenix has been delayed
(fall 2017 or spring 2018) after repeated requests by the Union to do so in order to avoid further
complications with Phoenix.
We also sought a legal opinion from CSN’s legal department who confirmed what we already
suspected, namely that our only recourse is to grieve our pay issues, but we continue to use
every avenue available to us to correct these issues.
CSC has informed us that the accumulation of 2 additional sick days in our collective agreement
in Atlantic region is in the process of being corrected. This file is ongoing.
CX allowance Policy Grievance — We requested that CSC include the issue of shift
exchanges affecting the CX allowance in our active policy grievance on the CX allowance
affecting members on Union leave. CSC refused, saying that the policy grievance is not bound
to the TB process. CSC failed again to provide an actual interpretation on the shift exchange
issue from Treasury Board. We see CSC’s actions & Treasury Board’s actions as discriminatory
against union officers. We will pursue the grievances and present our case to the Treasury
Board.
We requested CSC stop paying the allowance to two national executive members as it will only
complicate things later especially given the inefficiency of Phoenix.
Family Status accommodations — After CSC claimed that a recent family status case in
Atlantic (that the Union was never involved in) was a rarity, we presented yet another case
which has come up completely circumventing the local committee’s involvement.
We reminded CSC of Treasury Board’s policy on this which states: “consult and collaborate
with bargaining agents or other employee representatives where accommodation affects
other employees or where the employee being accommodated requests that the
bargaining agents or other employee representatives be consulted”. We cited two
jurisprudence cases (of which Okanogan vs Renaud) and warned CSC of the already rising
numbers at sites with respect to RTW cases. We also note, that in the past, the Commissioner
has shared our concerns that the RTW Committees are not as robust or functional as they were
and that he wished to revitalize the committees. CSC has committed to come back to us on our
concerns and we will explore adding this to the NLMC agenda.
Gun Clubs — We were surprised to see CSC unilaterally stop the issue of gun clubs moving
forward after months of consultation with us. CSC cited potential liability issues and logistical
issues. We will table at the next NLMC and indicated our willingness to work through the issues
CSC cited as problematic for them.
Fire Safety Manual (Edmonton) — We demanded that CSC consult with us on the move to
eliminate fire brigades/teams at some sites across Canada following a memo sent in the field on
May 30th by the DG of Tech Services. In our view, CSC actions are unacceptable and a violation
of the code. This file will go back to the NHSPC table for proper consultation on September 13,
2016. In the meantime, we consider that Edmonton Institution must maintain their fire brigade
team until consultation is completed as there is no local agreement with the fire department in
place.
Grievance Backlog — We discussed briefly the numerous outstanding grievances on OT/meal
allowances and the 200 hours of sick leave. We requested that in light of the decision on the 200
hours CSC should uphold the correction action on these grievances based on the decision on
this matter. CSC committed to coming back to us on these. We will also finalize the OT
grievance list on our side and come back to CSC as per the agreement we reached to settle
these.
Shift Exchanges Local Presidents — CSC informed us that SDS will not classify president
schedules as accommodation schedules anymore, thus allowing local presidents to do approved
shift exchanges while on a specific president’s schedule, restoring the same rights at other
members to request shift exchanges.
Definition of close supervision on Escorts — We continue to exchange language on this
subject and believe we are close to agreeing on something that works for both sides. More to
come on this.
Seniority for Deployment (Ontario) — We argued with CSC that seniority belongs to the Union
and the MOU interpretation is clear in our minds as to when seniority is calculated for the
purposes of deployment. We believe CSC understood our position well and will come back to us
on this.
Personal doctor’s notes vs Health Canada (Joliette) — Despite two officers at Joliette having
doctors’ notes that say they are fit for duty as Correctional Officers, CSC insists that Health
Canada conducts an assessment. We disagree and will continue our fight on this. In the
meantime, we are advising all of our members required to get a CAT II medical questionnaire
completed to see their own family doctor.
Detector Dog Handler Vehicles — CSC assured us that consultation will continue with the
appropriate representatives responsible for this file to ensure the new vans are suitable for the
Detector dogs and handlers.
Underage attendees at the Round Dance — CSC proposed to provide us a timeline as to
when we will see the report on this issue.
40 mm Gas Gun — The RCMP, after inspecting our new gas guns, have approved them to be
ready for service. The guns are being deployed to maximum-security institutions and colleges as
we speak. CSC will come back to us regarding training plans and further roll out on this nonlethal weapon in the coming weeks.
SMO weapons cleaning — Cleaning of training weapons will now be rotated out to instructors
to complete as agreed to lessen the duties of the SMO. Eventually, CSC hopes to build cleaning
into the training component for officers who must requalify and those who follow the initial
training. More work to come on this file transition.
Rounds & Counts — This matter continues to get more ridiculous by the day in the Pacific
region. CSC is still waiting on the innovation hub to help move this issue along. We won’t hold
our breath waiting on a possible solution. CSC still can’t clarify if writing a report with a valid
reason following a late walk justifies compliancy... and the saga continues.
CD 004 (Staff Deployment)
- CSC informed us that a new draft will be coming for consultation on CD 004.
- CSC continues to create confusion in the field about what version of CD 004 should be
followed. They say the 2009 version but we know there are bastardized versions in the
field. We will continue to use 2012 and point out discrepancies when they arise.
- We expressed once again our disappointment with the lack of action by CSC on the joint
committee report—we also pointed out the inactive 162’s at RPC (construction projects)
that need to be revitalized.
Finally, we pointed out that CSC is failing to apply deployment standards at Dorchester minimum
by not staffing FTE’s (thus minimum manning every day) and using the money to pay for
drivers—a clear misuse of the policy. CSC indicated that this is not the intention nor should it be
the norm. They will come back to on this issue.
Skype Family Link (Atlantic) — Although consulted initially on this initiative and raising
numerous security concerns, we have heard nothing back from CSC on this project to allow for
visiting through video streams for inmates and their family. CSC indicated they have some
outstanding concerns also (monitoring, issues with the pilot project at Joyceville) and will
continue to consult with us in the Atlantic region as this initiative could become a national model
in the future. We requested that the policy should fall under V&C CD and not electronics policy.
CSC said they will look at this, but plan on expanding the project to other areas (i.e. segregation)
once the kinks are resolved.
CD 710 2-2 (Transfer of Inmates) — CSC agreed with us that radio communications are
essential for ground support at airports when doing transfers. If there are issues with
implementing the CD, let them know so they can deal with the airport or transport Canada. On
our side, we will attempt to fix the issue with the Winnipeg airport where the confusion is.
Fentanyl safety issues — Following a lengthy discussion with CSC nationally about safety
concerns with Fentanyl & a 127 filed at Mountain Institution in the Pacific region, the Union
reached a concrete interim solution with CSC on this serious issue. In the meantime, the Union
will continue its work on finalizing a safety protocol on this matter at the NHSPC (National Health
& Safety Policy Committee) and the implementation of a long-term safety strategy. For additional
information, speak with your local or regional representatives.
The next national bilat meeting & NLMC is scheduled for October 6th 2016.
Your National Executive