Federal unions file complaints over increase to office time

Several federal public service unions are putting together formal complaints arguing that by mandating federal public servants return to offices at least three days a week in September, the federal government is undermining collective agreements.

The government directed all public servants, with few exceptions, to be in the office three days a week starting Sept. 9.

That's an increase from the current rules that, broadly and varying by department, require these workers in the office either two or three days a week. These benchmarks can sometimes be averaged over a month rather than a given week.

The Treasury Board said it updated the policy to "maximize the benefits of presence in the workplace and to bring greater fairness and consistency to the application of hybrid work."

Radio-Canada obtained a copy of the Public Service Alliance of Canada (PSAC) complaints to the Federal Public Sector Labour Relations and Employment Board.

Dated Tuesday, it's not clear whether the two complaints about the Treasury Board of Canada — one directly about the board and a slightly different one about a bargaining group's dealings with the Canada Border Services Agency (CBSA) — have been officially filed.

The Canadian Association of Professional Employees (CAPE), the Association of Canadian Financial Officers (ACFO) and the Professional Institute of the Public Service of Canada (PIPSC) also indicated Wednesday they're filing complaints.

Chris Aylward, national president of PSAC, joins fellow union leaders during a news conference in Ottawa on Wednesday. (Sean Kilpatrick/The Canadian Press)

The crux of PSAC's legal complaint, on top of ongoing concerns about work-life balance, is that the deals that ended strikes last spring "require] managers to assess remote work requests individually, not by group."

Then last week, despite work being done to form a consultation committee, the government unilaterally changed the rule, it contends.

"Had there been any proper consultation, the government would have understood the challenges our members face every day: inadequate meeting spaces, insufficient workspaces and the absurdity of travelling to an unassigned workplace only to attend virtual meetings all day," added Sean O'Reilly, PIPSC vice-president.

'Summer of discontent'

Both PSAC complaints allege the Treasury Board didn't bargain in good faith and is undermining the union's reputation.

The CBSA complaint adds that the government seems to have broken the Labour Relations Act by changing the rule while working on a new deal. The former deal expired in 2022.

PSAC wants the current two-to-three day plan maintained. The union's national president, Chris Aylward, promised Wednesday there would be a "summer of discontent" if that doesn't happen, saying he's encouraging members to file their own individual grievances.

ACFO president Nathan Prier said he wants mandatory time in office scrapped entirely.

"We believe last week's announcement … was not about improving productivity but about political gains," he said, nodding to the fact some politicians and business leaders want workers back in central Ottawa.

Tanya King is one worker hoping she won't have to spend more time in the office.

"I'm worried that they will try to paint us all with the same brush and they're not going to consider individualized accommodations," she said.

Tanya King says she has a request for full-time remote work and is worried about what the upcoming change will mean for her. (Submitted by Tanya King)

King, who works for Public Services and Procurement Canada, is autistic and transgender. She said she has experienced harassment and microaggressions in the office.

After she received medical instruction to work from home full-time, she requested the government approve a full-time remote working arrangement.

She's currently working from home five days a week while her application is under review and worries the change might jeopardize her request.

King also thinks more time in the office might hurt workers' productivity. She said capacity issues could lead employees to waste time they could spend tackling their caseloads searching for an open and functional workspace.

"I think as public servants we've proven largely that we work really well remotely," said King.

Anand's office, for its part, said "workplaces can accommodate this transition."

Government has final say: minister

The minister told reporters outside a meeting Wednesday the government has jurisdiction to do this.

"A hybrid work environment is not within the collective agreements," Anand said. "It is something that, at the time of the negotiations, the Government of Canada retained prerogative over to determine the scope of the hybrid environment."

While Anand didn't stay to elaborate, a letter on a "shared understanding" on telework exists separately from the  collective agreement on websites for both the federal government and the union.

Gilles LeVasseur, a part-time law professor at the University of Ottawa, said he doesn't think the government will back down on the change to three days a week.

Legal action could lead the government to implement more accommodations for workers or address issues such as workspace and parking availability, he said.