Montreal VFS Sub-Group - Minutes- Mars 28th 2019

PIPSC AFS MONTREAL SUB-GROUP

MEETING REPORT

MEETING: AFS Montréal Sub-Group AGM

LOCATION: 777 Robert-Bourassa Boulevard, Montréal, Québec

DATE: Thursday, March 28, 2019

Call to Order: Patrick Sioui called the AFS Montréal Sub-Group AGM to order at about 5:30 p.m.

Adoption of the agenda: Patrick Sioui asked for approval of the agenda.

Moved by: Patrick Sioui

Seconded by: Andrei Vitko

Carried unanimously

Approval of the minutes of the general meeting and business arising from the minutes: Patrick Sioui presented the minutes of the 2018 AGM and requested their approval.

Moved by: Giovanni Monti

Seconded by: Luke McCrory

Carried unanimously

President’s Report: Mr. Sioui made some opening remarks and presented his 2018 report (see below).

Guest: Steve Parent presented his report as the Quebec Regional Representative (you can read it on the PIPSC website, AFS Group).
Mr. Parent gave an update on the topic of the day: negotiations.

Annual financial report: Giovanni Monti presented the financial statements and budget. He revised the most significant expenditures and demonstrated the effort made to ensure integrity in 2018. He asked that the financial statements and budget be approved.

Approval of financial statements moved by: Giovanni Monti

Seconded by: Andrei Vitko

Carried unanimously

Approval of budget moved by: Giovanni Monti

Budget supported by: Marco Roy

Carried unanimously

Guest: Sandra Guéric, PIPSC Labour Relations Officer, reported on the favourable decisions against the CRA. She also talked to us about the services available to members, the delays in hearings at the Federal Public Sector Labour Relations and Employment Board and Bill C-65 (harassment and violence in the workplace).

Report by Election Chair:
There was no election this year and therefore no election report.

Presentation of the new Executive of the AFS Sub-Group. Mr. Sioui presented

the new Executive:

Patrick Sioui, President

Ronald Pétion, Vice-President

Giovanni Monti, Treasurer

Heather Filiatrault

Josée Hamel

Luke McCrory

Guest: Yvon Brodeur, Quebec Regional Director. Mr. Brodeur was unable to attend due to other obligations. Ronald Pétion read Mr. Brodeur's message to the participants of the AFS Sub-Group AGM:

Stewards are here to represent you. The Quebec Region wishes to meet with the Quebec Federal Council for a discussion on recognizing the work of Stewards in federal government departments and agencies.

Presentation on harassment: Carole Pronovost gave a presentation on harassment and violence in the workplace. She made the following key points: the goal should be zero tolerance and not better statistics. (to be completed by Carole)

By-Laws: No changes to the By-Laws.

Resolution on the environment: Patrick Sioui tabled a resolution concerning the environment, which is considered the most important issue at the moment, apart from unionism, policy, management, economics, etc. See below.

Moved by: Patrick Sioui

Seconded by: Paulette Lachance

Carried unanimously

Adjournment

Moved by: Patrick Sioui

Seconded by: Alain Descotes

Carried unanimously

---

Report by Patrick Sioui, President of the AFS Montréal Centre Sub-Group – 2018

 

Consultation

For decades, we have been insisting that the employer consult us on the various labour relations issues, and in recent years, we have developed some processes. Every month, and more often if required, I meet with the Director of the Tax Services Office as well as the Assistant Directors.

We discuss a variety of topics and deal with problems before they become big issues (training, official languages, staffing, various policies, etc.)

Local and regional union-management meetings: Every year, we have a meeting with the Director and Assistant Directors. The last meeting was on December 7 at the Montréal TSO. Carole Pronovost gave an excellent presentation at the meeting on harassment and violence in the workplace.

Union-management approach: There were some discussions about this workshop, but it is going to start in 2019. It is a training exercise aimed at determining the focus of labour relations (union-management) for the Montréal TSO. To be continued in 2019.

Grievances

We filed a number of grievances in 2018. I cannot talk about most of them because the process is confidential, but I can share some grievance issues with you:

Phoenix: For pay problem cases, there is no deadline for submitting a grievance. In some circumstances, we agreed with management on the following approach. If there is a problem, there are three steps to follow: open a ticket; if the ticket does not produce any results, inform the manager; and if nothing happens, file a grievance.

I am pleased to announce that all of our 2018 Phoenix grievances, even the most complex, have been settled. I would like to tell you about a situation in which a member, who was an AU-02 at the time of the grievance submission, had been having pay problems since she was in an acting SP-04 position. The Steward representing her and the member herself made painstaking efforts to get conciliation. Imagine, two collective agreements were reached during that period, working conditions had to be analyzed, from an acting SP-03 to SP-04, to AU-Dev, AU-01 and AU-02, including four promotions (or none, depending on the time), etc. Even this case was settled.

Delioz Fehr: In the Quebec Region, 85 grievances were won in this matter (SPs who became an AU were entitled to two personal days and 45 hours for family responsibilities, regardless of what had happened previously). For the current year, CRA has informed us that members in this situation must use temporary time codes. The system should be corrected in April. For all those who won their grievances, Frédéric Durso, from the PIPSC regional office, informed me that the individual grievances will be dealt with very soon.

Performance evaluation

We were consulted on performance expectations. There are several reasons I want to talk to you about this. Some discussions took place in 2018 concerning management’s desire to link talent management plans to the staffing program to offer acting promotions. If this becomes a reality, I expect several grievances for classification levels 4 and 5. It is an ongoing issue. In case you don’t already know, there is information on InfoZone about the ongoing performance problems (“Problèmes de rendement persistants”) (two years at level 2). [Translation] When managers look at and eliminate all reasonable alternatives for resolving performance problems and the employee’s performance has not improved, one of the following options must be considered: a period of probation; termination of the temporary assignment before the expected date; reasonable employment alternatives (at the same level); non-payment of the increment, demotion, termination (see http://infozone/english/r2732472/ec-ce/pm-r/directivesprocedures/2014/epmprocedures-e.asp#h_5). With regard to increments, the recent jurisprudence, 2019 FPSLREB 7, can be found at www.fpslreb-crtespf.gc.ca/decisions/fulltext/2019-f-7_e.asp. The arbitrator came to the following conclusions: “The grievance in Board File No. 569-02-160 is allowed. I declare that the reference to the withholding of pay increments for poor performance be removed from the Directive and associated guides and tools in relation to the PIPSC’s collective agreements with the TB. I declare that the withholding of pay increments for poor performance is not permissible under the provisions of the collective agreements entered into between the PIPSC and TB except where specifically contemplated. I order the employer to stop applying the Directive in so far as it may relate to culpable behaviour.” TB refers to Treasury Board.

We have had clear signs that this is the direction management is taking, namely demotion. What can we do? If you are classified at level 2, read the policy and insist that management take concrete steps to improve your performance. If you do not agree with the evaluation, do not hesitate to consult a Steward. We have been successful with performance evaluation grievances.

Staffing

In terms of consultation, local management has greatly improved. On the other hand, it appears that management is doing what it wants in dealing with the 2018 cases. AU-05, AU-04, AU-03, AU-02, AU-01 (contract), CO-02 (contract) and MG-06 competitions, in addition to acting appointments. Management often resorts to “urgency” as a reason, which demonstrates poor planning (e.g. An MG-05 was appointed to an acting MG-06 position because the former MG-05 had become an acting MG-06 to replace the MG-06 who had gone to the region to replace a manager who had become a criminal investigation AD in Montréal. The former AD had left in the summer of 2018).

Although the union does not have a lot of staffing “power” (program including remedies), we hold management accountable for implementing its staffing program and we closely monitor all staffing processes.

In 2018, we witnessed the introduction of an accelerated external AU-03 competition (no exam, only a 20-minute interview) in the Quebec Region. That competition led to a lot of dissatisfaction among members. A total of 342 members signed a petition against external competitions for senior-level positions, which Steve Parent sent to Minister LeBouthillier. Thank you for signing the petition. We want to ensure that internal employees have priority over external competitions, which in our view are a last resort. We are waiting for the Minister’s response and will get back to you once we receive it.

To watch for in 2019

Cameras in the building

Cameras were installed in the work areas on the tenth floor (past the doors leading from both sides of the building). We were told that since the commissioners are no longer under CRA responsibility and there are several employers in the building, all doors on the floors will have an alarm and cameras will be installed on all floors. We were expecting an arrangement like that of the sixth floor, where cameras have been installed in the halls. But that is not the case on the tenth floor. The TSO Director was informed that this violates section 241 of the Income Tax Act.

Performance evaluation

Contact us if you get a 2 or 1 and we will provide guidance.

External competitions

The union’s position is as follows (it has been 15 years since we talked to them about renewal and their lack of planning): If the employer makes every effort to meet its needs internally and members are not put at a disadvantage, we understand the employer’s use of external hiring to fill senior-level positions in the case of a shortage. What does “make every effort” mean? That is where we step in!

Negotiations

The negotiations that began in 2018 have carried on into 2019. Steve Parent will talk to us a little later in the evening.

Federal Election

In the last election, PIPSC got involved with its Anything but Harper (ABC) campaign. All I can tell you is that you are a pro-union federal employee. The Conservatives are not your friends. I urge you to vote in large numbers.

The work of a union president involves making formal representations (grievances, complaints, informal processes, etc.) as well as influencing management to find solutions to the problems affecting members. Priority is given to resolving issues. In that regard, we have a respectful relationship with local management, the Director, the Assistant Directors and the MG-06s. We sometimes don’t agree, but we are having some frank discussions to improve the CRA and member satisfaction.

In my work, I know that I can count on a highly skilled team and professional members who understand the issues. I thank you for that and ask for your future participation.

I will conclude by explaining the main reason for my union involvement. On World Mental Health Day, a member came up to me and gave me a hug, saying he/she didn’t know where he/she would be today if it hadn’t been for my involvement. That’s why I do union work!

Yours in solidarity,

Patrick Sioui

President, AFS Montréal Centre Sub-Group

514-283-8240

---

RESOLUTION - DEMONSTRATION DAY FOR THE ENVIRONMENT

Whereas:

“If the world doesn’t change course by 2020, we risk missing the point where we can avoid runaway climate change, with disastrous consequences for people and all the natural systems that sustain us.” ANTONIO GUTERRES, UN SECRETARY GENERAL
SEPTEMBER 10, 2018

Whereas:

The serious consequences of climate change in Quebec are increasing rapidly (floods, droughts, heat-related deaths, disease, weakened infrastructure, loss of biodiversity, etc.);

- A greater than two-degree increase in global temperature carries a serious risk that climate change will escalate exponentially;

- The consequences of uncontrolled climate change are a real danger to the survival of our children and their children (food shortages, escalating conflicts, increased mortality, etc.);

- The negligence and inaction of governments in this regard can be considered a failure to fulfil their primary mission and a violation of human rights;

- The exceptional mobilization of the various players in Quebec society around the climate crisis;

- The climate deficit bill that was proposed to the Legault government and that it refuses to pass;

- The Trudeau government’s repeated investments in the oil industry;

- The Trudeau government’s uninhibited adoption of the GHG emission targets of the Conservative government that preceded it, knowing that they are clearly insufficient to comply with the Paris Agreement;

- The lack of a credible plan to achieve those objectives;

Be it resolved:

1. That the union officially support the three demands of the La Planète s’invite au Parlement movement, that is, ask the three levels of government to:

1- Ensure, through regular awareness campaigns, that the public is fully informed of the seriousness of climate change and the collapse of biodiversity;

2- Adopt a climate law that forces the achievement of the GHG targets recommended by the Intergovernmental Panel on Climate Change (IPCC) to limit global warming to 1.5 degrees (the IPCC estimates that a reduction in net CO2 emissions of 50% by 2030 and 100% by 2050, along with a significant reduction in other GHGs, would give the world a 66% chance of achieving that objective);

3- Prohibit all new hydrocarbon exploration and exploitation projects and put an end to all direct and indirect subsidies on fossil fuels.

2. That the Institute contribute to the financing and implementation of a media campaign on the climate emergency and loss of biodiversity.

3. That the union hold a one-day demonstration on September 27, 2019, as part of the Earth Strike movement. The demonstration would be conditional on 5,000 Quebec workers from at least 10 local unions voting in favour of it.