FAQ for Civilian Members represented by the Public Service Alliance of Canada and their component, the Union of Safety and Justice Employees

This FAQ is intended to provide additional information to Civilian Members of the RCMP who are pay-matched or touch-pointed in the PA, TC, EB and SV classifications and are represented by the Public Service Alliance of Canada.

What are the origins of deeming? What has happened so far?

In 2015, the Supreme Court of Canada ruled that both RMs and CMs should enjoy the fundamental right to be unionized and to bargain collectively. Two years later, amendments to the Federal Public Sector Labour Relations Act (FPSLRA) came into effect, allowing RMs to form their own union, which legally could not include CMs. CMs could instead align themselves with existing public sector unions based on classification.

Since then, the deeming process was pushed back several times over doubts regarding the capacity of the Phoenix pay system to handle the influx of CMs.

In anticipation of deeming, PSAC reached an agreement in 2020 to begin negotiations to address the differences that exist between RCMP CMs’ terms and conditions of employment of CMs and their pay-matched counterparts in the federal public service. All other conditions were to remain the same until deeming or a negotiated agreement.

Shortly before the May 2020 deadline, deeming was postponed again, with no new date set. Between 2021 and mid-2023, the employer provided no formal communications or updates regarding the deeming process, leaving CMs in limbo.

Finally, in November 2023, it was announced that deeming would be postponed indefinitely.

If deeming is postponed indefinitely, why am I unionized?

Deeming and unionization are two different topics. With or without deeming, the right of CMs to unionize is managed by the FPSLRA.

Under the FPSLRA, CMs were not permitted to join the National Police Federation. The only way CMs could engage in discussions about entitlements that should be protected upon deeming was by unionizing before deeming took place. Otherwise, those entitlements could have been lost.

PSAC introduced motions under section 58 of the FPSLRA to formally declare CMs as PSAC members. The Federal Public Sector Labour Relations and Employment Board (FPSLREB) reviewed these motions and declared that CMs who are pay-matched or touch-pointed in the PA, TC, EB and SV classifications fall under the scope of the bargaining certificate held by PSAC.

Since 2020, PSAC has successfully protected key current entitlements of CMs.

Why should I care about PSAC? What can they do for me?

PSAC’s objective is to negotiate CM-specific appendices to the current PA, TC, SV and EB collective agreements. This will allow CMs to continue to enjoy their current benefits while also improving their terms and conditions of employment in future rounds of bargaining.

Additionally, since 2021, the Union of Safety and Justice Employees has provided CMs with assistance on numerous issues, including providing support in the grievance process found under the RCMP Act.

Until a collective agreement is in place, CMs must file grievances under the RCMP’s grievance process. It is our understanding that the RCMP grievance process is unaccountable, broken, often takes several years, and doesn’t provide for independent adjudication.

When PSAC can reach an agreement with the employer CMs will also have access to the more robust and fair grievance process found under the Treasury Board collective agreements.

What is associated with bargaining?

PSAC remains committed to addressing the differences between CMs’ terms and conditions of employment with the RCMP and those contained in the collective agreements of the federal public service. This includes protecting the current CMs entitlements while ensuring members have access to the same workplace protections contained within Treasury Board collective agreements, including the grievance process.

What are the risks of maintaining the status quo?

The CM bargaining team believes that the benefits of collective agreements outweigh the risks of continuing to work for the RCMP without them. Frustrations being experienced by CMs, whether in the grievance process, career progression, or equity will only remain or increase.

Who will represent the employer during the negotiations?

Under the FPSLRA, the Treasury Board is the bargaining authority, not the RCMP.

What is the current status of negotiation?

Without deeming CMs continue to be entitled to the same terms and conditions that were protected in 2020.

After a pause due to the employer’s unwillingness to meaningfully negotiate the Treasury Board Secretariat indicated recently that they were willing to continue negotiations regarding CMs. The bargaining team met with Treasury Board and RCMP representatives in February to continue talks.

The employer tabled a package that could provide a path forward to transition CMs into their respective PSAC collective agreements. However, while it was indicated that they are prepared to discuss vacation and sick leave provisions, these issues are still unresolved.

How can I voice my concerns and get involved?

As your bargaining committee, we want to hear from you! All questions, concerns, and suggestions are welcome. You can email us at CM-INFO-MC@psac-afpc.com

 

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April 12, 2024