The government’s latest announcement of a four-day in-office mandate is an insult to the workers it counts on to deliver on its agenda. This decision shows a clear disregard by the government of the protected bargaining rights of workers.

Learn more about what this means for you and how you can join us in the fight to protect remote work.

General

Didn’t we secure remote work in 2023?

In 2023, we fought and won a commitment from this government that would protect public service workers from arbitrary government-wide decisions on remote work just like this one. That Letter of Agreement on Telework was critical to ending PSAC’s strike for the PA, SV, TC, and EB units. 
 
But despite the ongoing consultation process for remote work modernization established by the Letter, the federal government implemented an amendment to the Direction on prescribed presence in the workplace without any form of notice to, or consultation with, PSAC or other federal bargaining agents. 
 
By making these changes without consultation, the federal government has reneged their previous commitments to collaboration, flexibility, and consultation.  

What is being done to make remote work permanent for everyone and to include it in our collective agreements? 

PSAC is currently at the bargaining table for members at CRA and Treasury Board, with remote work being an important issue in negotiations for many of these workers. There are laws to prevent an employer from making changes to the conditions of work during a bargaining process, yet the government made the decision to disregard this. In response, PSAC filed an unfair labour practice complaint with the Federal Public Service Labour Relations and Employment Board. 

Remote work should be negotiated at the bargaining table. We’re fighting for this to be the reality.  

After the government’s announcement of changes to work conditions while we are in bargaining, our PA, EB and CRA bargaining teams have made the decision to declare impasse as the employer refuses to bargain in good faith.   

Declaring an impasse triggers the next step in the collective bargaining process. In this case, it means that PSAC has requested a conciliation process from the Federal Public Sector Labour Relations and Employment Board (FPSLREB).  

The employer’s refusal to discuss our reasonable demands plainly displays their disrespect towards workers’ protected bargaining rights. The decision to reach impasse comes after repeated behaviour from the employer demonstrating an unwillingness to bargain in good faith. 

Could we strike over this issue?

No action is off the table. At this point, it’s too early for that. A strike can only occur as part of the collective bargaining process after members vote to strike.  
 
However, strikes aren’t the only way to achieve our goals. PSAC is currently working through other avenues to challenge this mandate like grievances, unfair labour practice complaints, and federal court challenges. It’s also important for all members to get involved in the campaign to pressure the employer and their MPs to support remote work.  

What happens if I don't comply with the mandate?

If you act alone, you could face discipline, especially if it’s not part of a concerted effort. That’s why collective actions are so important. We need to build momentum and get to a level of support where we can take stronger, united efforts across the country.  
 
If you want to take action to protect remote work, get your local involved to take small actions in your workplace, join your local Area Council, or reach out to your regional office to help organize larger events in your region.  

What can I do to fight back?

We know that Remote Works. Together, let’s make sure the government knows we won’t back down. Take action now: 

•  Join the campaign: stay up to date on the latest news and actions we’re taking to protect remote work.  

• Write to your MP: Demand the repeal of the in-office mandate and that a more flexible system be put in place. 

• Use our digital tools: Show solidarity with virtual backgrounds, social media images, and  posters. 

• If - Issues with pests: If your office has pests, is too hot or is too cold, report it to [email protected] 

• Spread the word: Start a conversation on social media and encourage coworkers to take action, too. 

Where can I send my experiences or suggestions for arguments against the employer’s policy?

Please send any personal experiences, arguments or data you have to [email protected] and we may be able to incorporate your information and insights into our national campaign strategy.

Legal Action

What is PSAC doing to fightback?

PSAC has taken immediate legal action in response to the government’s unilateral in-office mandate, including:  

• Unfair labour practice complaints  
  • PSAC filed unfair labour practice complaints over the mandate. 
     
    We filed a freeze complaint: an action that can be taken when an employer unilaterally changes terms and conditions of work while parties are in bargaining.  
     
    This process is still underway, with the union and employers responding to each other about the complaints.
     
• Federal Court application: We filed a Federal Court application in 2024. We are awaiting the scheduling of next steps in this court process, including the scheduling of a hearing date. 

What is the status of the policy grievance and previous unfair labour practice complaints filed by PSAC in 2024? 

In 2024, PSAC filed a policy grievance challenging the arbitrary application of management rights and the discriminatory impact of the amendments, which will disadvantage members of human rights-protected groups.  

The policy grievance directly challenges Treasury Board’s arbitrary and unreasonable exercise of management rights, as well as the employer’s back peddling on the principles enshrined in the Letter of Agreement on Telework. The grievance addresses the abuse of authority, given the employer’s decision was based on political pressure, rather than a genuine assessment of workplace needs or concerns.  

The grievance also addresses the systemic discriminatory impact the amendments will have on many employees based on human rights grounds — such as disabilities and family caregiving obligations — due to the reduced accessibility, inclusiveness, and flexibility of workplaces in the federal public service.  

The policy grievance calls for the rollback of these amendments and meaningful consultation with PSAC going forward. It also seeks damages to compensate affected employees for all losses they may experience. 

The date for the hearing is set by the Federal Public Sector Labour Relations and Employment Board (FPSLREB). PSAC is still waiting for a date.  

Given the profound impact this decision has on workers, PSAC took immediate legal action by filing two unfair labour practice (ULP) complaints with the FPSLREB on behalf of the FB, the PA, SV, TC, and EB bargaining units. The Union of Taxation Employees, a component of PSAC, did the same on behalf of members at CRA. These complaints accuse the employer of bad faith bargaining.  

Our complaints maintain that Treasury Board and CRA are attempting to circumvent not only the bargaining process but the role of the union as bargaining agent by altering terms and conditions of employment that were negotiated at the bargaining table. In fact, PSAC called off our national strike and entered into a collective agreement based on commitments from Treasury Board that they now refuse to honour. The FB complaint also claimed the employer breached the statutory freeze by altering terms and conditions of employment while bargaining.   

These ULPs are currently in abeyance until the FPSLREB renders a decision on the policy grievance. 

Under what circumstances can I file an individual grievance?

If your request for accommodation for family status or disability was denied, you should consider filing an individual grievance. 

What are the options for members who do not meet the criteria for submitting a grievance on the grounds of duty to accommodate? 

Even if your grievance does not meet the criteria for duty to accommodate, it doesn’t mean that you aren’t eligible to file a grievance.  
 
For some employees, disregarding or altering an existing remote work agreement may give rise to a viable detrimental reliance argument, where employees have made arrangements based on their prior agreement and now are unable to change those arrangements or can only do so at personal cost.  
 
In any case you can consult with your union representative to consider if a grievance should be filed and how it should be formulated. 

Is there specific wording I can use for my individual grievance?

While grievances should be individualized to reflect the specific circumstances and concerns of individual members, the following template grievance language can be customized to address most cases. 
 
Remember, you should always go through your union when submitting a grievance. Contact your local and/or component for support from a steward or labour relations officer before proceeding. 

This is an individual grievance hereby filed pursuant to Section 208 of the Federal Public Sector Labour Relations Act. 

Details of the grievance: 

I grieve the Employer’s conduct in amending the Direction on Prescribed Presence in the Workplace (the “Direction”) in violation of the collective agreement by: 

Amending and implementing the Direction in a manner which is unreasonable, arbitrary, and inconsistent with the principles for flexible working arrangements, in violation of the provisions of the applicable Collective Agreement, including but not limited to Article 6 of Collective Agreement, the Letter of Agreement on Telework, the Directive on Telework, as well as any other applicable provisions of the Collective Agreement, employer policies, or legislation; 

Amending and implementing the Direction in a discriminatory manner that has breached the employer’s duty to accommodate and has reduced accessibility, inclusiveness and equity in violation of my rights  protected by the Canadian Human Rights Act (“CHRA”) and [Article 19 of the Program and Administrative Services (PA), Operational Services (SV), Technical Services (TC), and Border Services (FB) agreements or Article 16 of the Education and Library Science (EB) agreement]; and 

Amending and implementing the Direction in a manner which in a manner which unreasonably and inappropriately departs from my existing remote work arrangements and has caused me prejudice and hardship. 

How do I file a grievance?

Grievances are submitted through your union. Contact your local and/or component for support from a steward or labour relations officer on how to file a grievance. Your local and component union already have the language for filing grievances. 

I’m worried about repercussions in my career for filing a grievance.

The purpose of a grievance is to address and resolve issues that affect your work environment or rights, and union members have protections against retaliation from the employer. 
 
It’s worth discussing your specific situation with a union representative, who can provide guidance on how to file a grievance while minimizing any potential risks. Unions are there to support their members, and filing a grievance is a way to ensure that issues are addressed and resolved fairly. 
 
If you’re worried about career repercussions, you might also consider documenting your concerns and keeping records of any relevant communications or incidents. This can provide protection and help ensure that your grievance is taken seriously. 
 
Ultimately, standing up for your rights is important, and the union is there to help you through the process and support you.” 

Workplace Concerns

Can the employer assign in-office days to employees without giving them a choice? Can the schedule be refused?

The employer has decided they are entitled to dictate employees' work schedules, and in-office days. However, if the assigned days create issues, reach out to your local union steward or component labour relations officer to discuss your options, including filing a grievance. 
 
In the meantime, you must comply with the employer’s direction. Failure to do so could result in disciplinary action. 

How will the employer accommodate all employees if too many want to work on the same days, but not enough space is available?

It's the employer's responsibility to implement a system to manage workspace availability, whether through staggered schedules or other accommodations. If space constraints arise, they are required to find solutions.  
 
You can also reach out to your local union steward or component labour relations officer to discuss your options, including filing a grievance.

Some employers are saying it is up to employees to bring in their own cleaning supplies when sharing/hoteling cubicles. Is this a health and safety violation?

Yes, it could be a violation. The employer is responsible for maintaining a safe and clean work environment, including shared spaces. If cleaning supplies aren’t provided, you should raise the issue with your health and safety committee or union representative.

What can I do if my employer refuses to provide lockers to keep my day-to-day items when there is no assigned seating?

Talk to your local or shop steward, as not having a space to store your items may be grounds for a grievance. At a minimum, raising the issue with your local and shop steward will help ensure your union representatives have a good understanding of the various issues faced by members, so they can be raised in the appropriate labour management forums.

Exemptions & Exceptions

Are there any exemptions or exceptions allowed to the employer's policy?

To challenge this mandate, the "danger" must be more than a general fear (e.g., fear of COVID-19 exposure alone is rarely sufficient justification). Valid concerns, in this context that may be imminent or serious, might include:   

• Ergonomic Hazards: if the office lacks suitable workstations that meet prescribed ergonomic standards.  
• Environmental Issues: documented failures in ventilation (HVAC) or sanitation.  
• Psychological Injury: situations where the workplace poses a specific threat of harassment or violence.  

I don’t have a proper desk and ergonomic set-up for my workstation. Can I work from home in the meantime? 

As per the Canada Labour Code, “employers are required to ensure that the workplace, workspaces and procedures meet prescribed ergonomic standards”.  

You may request an ergonomic assessment to identify and prevent ergonomic-related hazards associated with jobs, tasks, and the work environment to help prevent the development of a workplace injury. The request should be made to your manager. A medical note is not required for the ergonomic assessment to take place.  

If the request is denied or ignored, you should consider filing a formal Occupational Health and Safety Complaint as part of your responsibility to report any potential hazards to your immediate supervisor. Talk to your local as well, a concerted effort by many will have a larger impact. 

How will the employer accommodate all employees if there is not enough space?

It's the employer's responsibility to implement a system to manage workspace availability, whether through staggered schedules or other accommodations. If space constraints arise, they are required to find solutions.  
 
You can also reach out to your local union steward or component labour relations officer to discuss your options, including filing a grievance. 

Are there any exemptions or exceptions allowed to the employer's policy?

Yes, exemptions or exceptions to the in-office mandate can be requested. These are typically considered on a case-by-case basis, particularly for employees with health issues, caregiving responsibilities, or other extenuating circumstances.  
 
Employees should discuss their specific situation with their manager and consult with their union steward to explore available options, including accommodation under human rights legislation. It's important to document any requests and provide necessary supporting information to justify the need for an exemption. 

How does this impact employees with disabilities or caregiving responsibilities? 

The amendment to the Direction on prescribed presence in the workplace potentially discriminates against individuals with disabilities and those with caregiving responsibilities by reducing workplace flexibility and accessibility, violating both the Canadian Human Rights Act and collective agreement protections. 
 
An individual grievance should be filed if a member experiences additional adverse impacts because of their membership in a human rights-protected group. 

Moving to more days in the office will make it too expensive for me. Is this sufficient grounds for an accommodation?

For some employees, disregarding or altering an existing remote work agreement may give rise to a viable detrimental reliance argument, where employees have made arrangements based on their prior agreement and now are unable to change those arrangements or can only do so at personal cost.  
 
You can consult with your union representative to consider if a grievance should be filed, what to expect, and how it should be formulated. 

Are age, distance, your partner's work schedule, or childcare responsibilities appropriate reasons for exemptions?

For some employees, disregarding or altering an existing remote work agreement may give rise to a viable detrimental reliance argument, where employees have made arrangements based on their prior agreement and now are unable to change those arrangements or can only do so at personal cost. 
 
Consult with your union representative to consider if a grievance should be filed, what to expect and how it should be formulated. 

If I had a previously approved exemption or alternate work arrangement, does it still apply with this new direction?

Unfortunately, it seems the employer is asking employees with previously agreed upon flexible arrangements to amend existing agreements to comply with the new direction. 

If you are in this situation, please consult with your union representative to consider if a grievance should be filed, what to expect, and how it should be formulated. 

For any additional questions or concerns, please contact your local executive or shop steward, your component, or PSAC regional office.