For the last 20 years, the status of RCMP civilian members (CMs) has been marked by confusion, rumours, and a lack of communication. Their status has been determined based on unilateral decision-making and little, if any, consultation by the employer.
The questions and answers below have been put together by the seven members of the CM Collective Bargaining Committee, which was recently appointed by the Canadian Association of Professional Employees (CAPE) National Executive Committee after a call for volunteers. This Q&A is intended to provide information on deeming and bargaining to help CMs understand their current status and guide future decisions.
Since 2018, CAPE has been the bargaining agent representing both CMs and public service employees (PSEs) in the Economics and Social Science Services (EC/ESS) group as well as the Translation (TR/TRL) group. At the RCMP, there are approximately 20 TR/TRL employees and approximately 780 EC/ESS employees. Just under half of these are CMs.
Questions and answers
What are the origins of deeming? What has happened so far?
Deeming originated in 2002, when the RCMP commissioned Deloitte & Touche to review all of its CM and PSE positions. The final report recommended that all CM and PSE positions be merged into one single category.
A year later, the RCMP informed the solicitor general that all CMs would be converted to PSEs under the Public Service Employment Act (PSEA). A Public Service Commission report in 2008 also made this recommendation.
In 2010, CMs were consulted during the Pay Council initiative and expressed that they wanted to remain members of the RCMP and not be amalgamated with PSEs. They also wanted to have their pay and representation rights aligned with regular members (RMs). Despite this, the Treasury Board Secretariat began planning the transfer of authority over CMs from the RCMP Act to the purview of the PSEA.
In 2013, the Enhancing Royal Canadian Mounted Police Accountability Act (Bill C-42) introduced the concept of “deeming” under section 86. This would ensure that all CMs could become PSEs at a date set by the Treasury Board while maintaining their group 1 pension benefits, including retirement at age 60. Without deeming, the transfer of CMs from the RCMP Act to PSEA would have left them subject to Bill C-45, which raised the retirement age for all new federal PSEs as of 2013 to age 65 (referred to as group 2 pension members). Senate testimony of this legislation demonstrates that staff relations representatives spoke on behalf of the CMs, and that CMs were not formally consulted.
2013 also marked the end of hiring of any new CMs and the start of an increase in hiring PSEs. Within the RCMP, the number of PSE employees increased from 3,000 in 2013 to 9,000 in 2023. The number of CMs decreased from 5,000 to 2,840 over the same period.
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. Unions, including CAPE, were not consulted prior to this decision.
In 2016, a staffing alignment was initiated as a short-term “interim” measure, awaiting deeming. Many CMs were reclassified to the ESS group and were forced to compete for their own positions. Meanwhile, the Public Service Commission issued a directive for all employees under the PSEA, making the hiring process for non-advertised positions easier and recruitment via other agencies’ staffing pools possible. This resulted in a reduction in the number of internal competitions available to CMs at the RCMP.
In February 2017, the date for deeming was set for April 26, 2018. This date was later pushed back to May 2020, over doubts regarding the capacity of the Phoenix pay system to handle the influx of CMs.
With the new deeming date in mind, CAPE signed a Memorandum of Understanding (MoU) in 2019 to introduce the terms and conditions viewed as most important by CMs into the collective agreement upon deeming. A second MoU also specified which of the current working conditions of the ECs and TRs would start to apply to ESS and TRL employees immediately, with salary increases being one of them. All other conditions were to remain the same until deeming or an agreement. This MoU was renewed in June 2023 as part of the recent agreement between CAPE and the Treasury Board Secretariat (see appendix L, EC Collective agreement, and appendix H, TR Collective Agreement).
Shortly before the May 2020 deadline, deeming was postponed again, with no new date set. This second delay followed a petition presented to Parliament, and was fueled by continuing concerns over Phoenix, the protection of working conditions, and the reluctance of CMs to be deemed. Between 2020 and mid-2023, the employer provided no formal communications or updates regarding the deeming process, leaving CMs in limbo.
Finally, in November 2023, the RCMP announced that deeming would be postponed indefinitely.
What now? What is the current status?
Without deeming, employees in the ESS and TRL groups remain CMs and continue to be entitled to the same terms and conditions that were protected in 2018, with a few exceptions. CMs in the ESS and TRL groups are currently unionized and are entitled to have their working conditions specified in a negotiated collective agreement. Since 2018, CAPE’s labour relations staff have strengthened their knowledge of the RCMP Act’s processes and procedures, and have provided CMs with assistance on numerous issues, including the grievance process.
All CAPE members at the RCMP, whether CMs or PSEs, are represented by various locals across the country, some with little or no knowledge of CMs. This regional imbalance has led to differences in information being communicated to CMs.
Why was I not given the choice to be unionized? And why CAPE? Can’t we just start our own union?
Under the FPSLRA, CMs were not permitted to join the National Police Federation nor create their own union. But the only way CMs could engage in discussions about entitlements that would be protected upon deeming was by unionizing before deeming took place. Otherwise, those entitlements would have been lost.
CAPE introduced motions under section 58 of the FPSLRA to formally declare CMs as CAPE members. The FPSLREB reviewed these motions and declared that ESS and TRL fall under the scope of the bargaining certificate held by CAPE.
In both 2019 and 2023, CAPE successfully protected the current entitlements of CMs.
If deeming is postponed, why do I need to pay union dues?
Deeming and unionization are two different topics. With or without deeming, the right of CMs to unionize is managed by the FPSLRA.
In accordance with the Financial Administration Act, the RCMP is part of the core public administration. This is why ESS and TRL employees are represented by CAPE, which is the same bargaining agent who represents their classification within the core public administration.
If deeming is postponed, then I get to stay a CM. So why should I care about CAPE? What can they do for me?
Unless deeming is repealed through legislation, it can, in theory, be implemented at any time. If deeming occurs before a collective agreement is in place, CM working conditions will be comprised of those in the current EC and TR collective agreements and others that were protected in the 2019 agreement. There are many improvements that can be made to the current conditions now, as they have remained stagnant or worsened since 2019. For example:
- Unlike the EC and TR groups in the public sector, ESS and TRL mobility is limited to the RCMP. Without deeming, a CM who joins the broader public service is giving up specific benefits under the Public Service Superannuation Act, namely their group 1 pension status. Staffing data collected and analyzed since 2016 shows inequitable career development for CMs compared to RCMP PSEs, whether at level, acting, or promotional.
- PSEs enjoy more personal days per year and other leave provisions.
- Unlike CMs, PSEs and RMs have agreements in place that don’t require them to cash out all their extra vacation banks.
- Until a collective agreement is in place, CMs in the ESS and TRL groups must file grievances under the RCMP’s grievance process, rather than the grievance process under the FPSLRA. It is our understanding that CMs decline to file complaints under the RCMP grievance process because it is unaccountable, broken, often takes several years, and doesn’t provide for independent adjudication.
As a result of these discrepancies, CAPE’s goal is to negotiate CM-specific appendices to the current public service EC and TR collective agreements. This will allow CMs to continue to enjoy their current benefits while also improving their terms and conditions.
What are the risks associated with bargaining?
Bargaining offers the opportunity to discuss the priorities of CMs with the employer to try and enhance existing benefits. The risk with any negotiation is conceding certain benefits to obtain others. The National Police Federation and CUPE 104 currently have agreements in place to protect unlimited sick leave for their RMs and CMs, respectively. However, they have agreed to revisit this at a future date, knowing the government does not believe this is sustainable.
What are the risks of maintaining the status quo?
The CM Bargaining Committee 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 with PSEs and RMs, will only remain or increase.
In both 2019 and 2023, CAPE and TBS agreed to maintain current CM working conditions until an agreement or deeming. The risk remains that TBS could enact the deeming clause without any new negotiations or further consultation. With the uncertainty of the Pheonix pay system, a potential change in government, or any other issue that may arise, 2024 offers a window of opportunity for CMs to have their unique status recognized in the EC and TR collective agreements before they expire in 2026.
Are there matters that won’t be included in these negotiations?
Yes, monetary issues won't be part of the negotiations. Salary increases were agreed to in spring 2023 and voted on by CAPE members. Only Parliament has the authority to change the pension regime.
Who will represent the CMs during this negotiation?
Under CAPE’s by-laws, the negotiations will be conducted under the authority of CAPE’s president, guided by a bargaining committee of seven CM members who have been appointed by CAPE’s National Executive Committee. The president can delegate this responsibility.
Who will represent the employer during the negotiations?
Under the FPSLRA, the Treasury Board is the bargaining authority, not the RCMP. RCMP status as an employer is similar to Correctional Services Canada, not an agency like the Canadian Revenue Agency or the Canadian Food Inspection Agency. ECC and TRL groups are not entitled to negotiate a specific collective agreement with the RCMP.
What’s next?
In May 2023, TBS announced that they were willing to continue negotiations regarding CMs, so CAPE is looking to begin negotiating later this year. Before doing so, a survey will be distributed to determine members’ priorities, which will be reflected in the negotiations.
The CAPE CM Collective Bargaining Committee will also be organizing a virtual Q&A session over the next few months, offering you the chance to ask questions and gain a deeper understanding of core issues.
Why should I become a registered member of CAPE? Can I just remain a Rand member?
The best way to have your voice heard and to influence CAPE’s bargaining strategy is to register with CAPE. 70% of the CMs in the ESS and TRL categories have registered as CAPE members to date. This means that the survey will only represent their views. Only registered members receive information on a regular and timely basis since CAPE has their email address.
Those who are not currently registered members are known as Rand members. “Rand” refers to Justice Ivan Rand of the Supreme Court of Canada, who recognized the right of the union to collect union dues from all the workers covered by collective bargaining in an arbitration award handed down on January 29, 1946. The union has a duty of fair representation of all their members, both registered and Rands.
By registering as a CAPE member, you will be entitled to participate fully in CAPE’s activities and democracy, to share your opinion, respond to surveys, influence negotiations, present your candidacy and vote to elect your CAPE representatives.
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 negogrc-rcmp@acep-cape.ca.
In solidarity,
CAPE CM Collective Bargaining Committee
