1. CAPE has put out the most well participated survey in its history last year on the Return to the Office mandate. That is great, it shows it was a pressing matter, one that was leading to a lot of engagement! It appears as though to this day we don't know how many people participated, nor were profile created on who it impacted the most. What was shared with the membership was results per questions, making it impossible to conduct an intersectional analysis on the dataset. Does CAPE plan on engaging with the membership when designing and analyzing future surveys?
Answer: CAPE research teams are often responsible for preparing surveys. Members are welcome to submit suggestions via email at any time. In the past, we have taken into account suggestions submitted via email. However, we exercise caution in directly involving members to prevent the process from becoming overly complicated or counterproductive.
2. Why is there no information about resolutions and audited financial statements available within reasonable time (at least a week) before the AGM for member review?
Answer: The Audited Financial Statements are available on the website once approved by the NEC in June.
3. Why has there been no invitation or callouts to submit member resolutions for the AGM before the deadline?
Answer: There is nothing preventing members from submitting resolutions at any time of the year. There is no timeline for resolutions related to the AGM and therefore it has not been past practice to issue reminders specifically concerning resolutions, but this suggestion will be taken under advisement.
4. When can we expect retro pay and lump sum payments?
Answer: You should have been paid out by November 22.
5. What are the activities of CAPE in Global Affairs Canada? I’ve worked in this department for 25 years and, unbelievably, never once have I been provided with any information about how our CAPE rep protects the interests of the EC community in GAC. We are currently undergoing a ‘transformation’ exercise that will impact HR in GAC. How is my CAPE rep engaging the GAC EC community on this subject?
Answer: The labour relations officer responsible for GAC assisted and represented more than 150 members in 2023.
CAPE Local 516 is GAC’s local and has been quite active in the consultations held by the Department. This includes the National Labour Management Consultation Committee that meets twice a year with deputy ministers and relevant assistant deputy ministers; the Human Resources Labour Management Consultation Committee with relevant H-branch reps, and other ad hoc consultations on issues like the Transformation/Future of Diplomacy exercise, psychological wellbeing, telework and remote work, occupational health and safety, and others. In these consultations, Local representatives have advocated for the rights of ECs. In the transformation exercise some issues raised by the Local include clear pathways for career development for ECs, further identifying and entrenching specialists in the right branches.
The Local is quite active and always keen to hear from members. Jennifer Keeling is the Local President and Fred Laberge is the VP: https://www.acep-cape.ca/en/global-affairs-canada-local-516
In terms of engagement, the Local uses a Facebook Group but will soon be engaging via email now that union rules have allowed Locals to have access to contact information of local members. More information will be coming from the Local on this.
6. What is being done to ensure that CAPE's budget is balanced, and its defense fund is viable?
Answer: CAPE's budgets for 2024 and 2025 were developed based on CAPE's actual historical spending. CAPE's budgets show a deficit, but this is because investment revenue is variable; and the budget assumes a "worst-case scenario" (i.e., this is the maximum amount available to spend in a given category). Any operating deficit can be covered by CAPE's operating investment fund, which currently sits at close to $10M.
The current resolution capping the defence fund at $5M can only be undone via a resolution from the membership or the National Executive Committee (NEC), and must be ratified by the majority of CAPE membership.
7. What will CAPE do the next time we are presented with a faulty employer system that seriously impacts our wellbeing and breaks our contracts such as Phoenix or Canada Life? Will CAPE pursue legal action against the Employer failing to meet their contractual obligations?
Answer: We hear your frustration. We are doing everything we can to resolve these situations. However, we need to distinguish between what is negotiable and what are management rights. While the employer can consult the unions on decisions relative to management rights, they are bound to follow through. We are doing everything we can to resolve these situations.
The contract with Phoenix is a management decision. We are looking at our legal options, which are very limited. In the absence of a renewed Memorandum of Understanding on Phoenix Damages, CAPE is exploring individual recourse where relevant. We are also observing evolving case law in the eventual possibility of submitting a policy grievance and exploring the various recourse mechanisms that may be available to us.
In the case of Canada Life, we hear your frustration and concerns. The health benefits are being discussed under the National Joint Council (NJC) umbrella, which is a different forum from collective bargaining and involves many unions in the decision-making process. The Public Service Health Care Plan is not negotiated within the collective agreement and is fully managed by the employer.
As for the transition issues, CAPE is in active discussions with the Treasury Board transition team and has been providing feedback on the various issues are members are reporting.
8. Will we vote on our bargaining path during the next round of collective bargaining, and will you commit to a formal vote for CAPE’s collective bargaining path?
Answer: We always need to bear in mind that the dispute resolution method is a strategic decision based on different elements, such as the group priorities. In preparation for bargaining, a survey is sent out to all members, and one question asks the members for their preference in terms of the dispute resolution method. In the past, the bargaining committee and bargaining team have followed the expressed preference of the members. If a group were on a conciliation strike route, a strike vote would be taken before going on strike.
9. Where is the plain language training members need to effectively participate and understand collective bargaining?
Answer: The plain language information on collective bargaining is being finalized and will be available for members in December. There will be a member event in December where the materials will be launched.
10. How will members be involved in CAPE’s renegotiation of telework policies?
Answer: It is important to note that the Joint Consultation Committee between CAPE and the Treasury Board, currently in place following the ratification of the collective agreement, is not a renegotiation or a negotiation. It is a joint consultation committee with the Treasury Board, which allows CAPE to identify areas of improvements within the current Treasury Board Directive on Telework, which is not to be confused with the Treasury Board Direction on Prescribed Presence in the Workplace.
11. Why did CAPE not formally raise the bad faith tactics that TBS brought to the table with the arbitrator?
Answer: The EC, TR and LoP groups did not need to go to arbitration because we reached an agreement before the arbitration date.
12. How will we increase opportunities for members to participate in decision making and priority setting at CAPE?
Answer: Decision making and priority setting at CAPE are the responsibility of the NEC and the president. Members and Local leaders are consulted through Local AGMs, the membership budget meeting, the CAPE AGM, Local Leaders' Council, Presidents' Council and Regional Council, as well as through surveys and votes throughout the year.
At any time throughout the year, members can submit resolutions that are voted on after the AGM. Members can also volunteer to sit on CAPE's committees and sub-committees, bargaining committees, etc.
13. Comment fonctionnent les sous-comités du CEN et qu'est-ce qu'ils cherchent à produire comme résultat? Est-ce qu'ils jouent un rôle dans notre engagement avec le gouvernement? Dans les dernières années y a-t-il eu des nouveaux notables? Je pense notamment au sous-comité sur la diversité, l'équité et l'inclusion, mais aussi à nos interactions avec le Conseil du Trésor.
Answer: The committees and sub-committees play a huge part in almost all of CAPE's operations. Composed of members and staff, the committees provide research and administrative assistance to the Association's items. Several committees will be leaving legacy letters to the incoming NEC about their respective operations and suggestions for moving forward, but ultimately that will be up to the NEC.
14. What is the standard response time for an email answer from CAPE? I have sent 3 emails in the last month, on completely different topics, to 3 separate people/email addresses and have heard nothing in response yet.
Answer: We do not have the resources to respond or acknowledge all the emails we receive or engage on all issues with members. When appropriate, we respond collectively to the membership as a whole or to groups within the organization. If the matter is a labour relations or employment matter, then a response is usually provided within two working days.
15. Can we get more updates and context on the status of civilian members in the RCMP? The majority of CAPE communications that go out fail to provide this. For example, the items being announced, allotted and/or secured for PSEs may be different than for CMs. Other unions are sharing more in this regard with their RCMP CMs.
Answer: We are aware of the need for more information regarding the status of civilian members of the RCMP, and we are working to address this gap. We plan to create a dedicated section on the CAPE website for civilian members where they can find relevant information about their group. We are collaborating with the civilian member bargaining committee to develop informative documents about the situation of civilian members of the RCMP in the context of the upcoming negotiation.
