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A CBSA strike could soon snarl border traffic. Here鈥檚 what you need to know

Crossings could take far longer, interupting not just tourist trips but the shipment of goods too
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A Canada Border Services Agency officer is silhouetted as motorists enter Canada at the Douglas-Peace Arch border crossing, in Surrey, B.C., on Monday, August 9, 2021. Just as the summer travel season gets into gear, Canadians and visitors could find themselves waiting in long lines at the border, delays that could also deal a blow to the economy. THE CANADIAN PRESS/Darryl Dyck

Just as the summer travel season gets into gear, Canadians and visitors could find themselves waiting in long lines at the border 鈥 delays that could also deal a blow to the economy.

It all depends on what happens with a potential strike by workers at the Canada Border Services Agency, which could start as soon as Thursday.

What鈥檚 going on?

More than 9,000 Public Service Alliance of Canada members who work for the CBSA, including border guards, have secured a strike mandate. The two sides go into mediation on June 3, and the union will be in a position to strike June 6.

The union says similar action three years ago 鈥渘early brought commercial cross-border traffic to a standstill, causing major delays at airports and borders across the country.鈥

But the Treasury Board says 90 per cent of front-line border officers are designated as essential, which means they can鈥檛 stop working during a strike.

So how disruptive could a strike be?

Union members could use work-to-rule, a tactic where employees do their jobs exactly as outlined in their contracts.

Ian Lee, an associate professor at Carleton University鈥檚 school of business, said that means a border crossing could take much longer than it usually does. That wouldn鈥檛 just be a problem for tourists, but disrupt the economy, given $2.5 billion a day in goods crosses the border, he said.

The Treasury Board says 鈥渆mployees in essential services positions must provide uninterrupted border services. They cannot work to rule and they cannot intentionally slow down border processing.鈥

A spokesperson said the CBSA will discipline workers who 鈥渆ngage in illegal job action.鈥

But Lee noted border workers have broad discretion when it comes to asking questions. He said it鈥檚 unclear how the government can argue a guard is 鈥渂reaking the law by using their full discretion and authority.鈥

Stephanie Ross, an associate professor of labour studies at McMaster University, said there is a logistical barrier to the government taking action. She pointed out that work-to-rule means following job duties to the letter.

鈥淧eople would be doing their work, albeit very thoroughly. How can you discipline people for following procedure?鈥

Ross said work-to-rule can be very effective.

A border crossing where it might take an extra 10 minutes to get across because the officer is doing everything by the book can 鈥渉ave an enormous disruptive effect magnified by the thousands of individuals, semi-trailers, various kinds of transport coming into Canada,鈥 she said.

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What do CBSA employees want?

Mark Weber, the national president of the Customs and Immigration Union, which is part of PSAC, said work-to-rule could be disruptive, but the union is 鈥渘ot there yet.鈥

Weber said members want pay parity with other law enforcement agencies, with the union looking to how much first-level RCMP constables are paid for comparison.

CBSA is also short thousands of officers, and the union wants those openings to be filled with permanent employees, not contract replacements.

Other issues include pension benefits and protections around 鈥渉eavy-handed discipline,鈥 Weber said.

Another concern for the union is technology taking over jobs officers would be doing otherwise, like the kiosks that have popped up at Canadian airports.

Weber said the CBSA 鈥渁re trying to almost create a self-serve checkout kind of system, like you see at grocery stores, at our borders.鈥

He said that amounts to 鈥渁lmost waiting for smugglers to self-declare with no officers present, which from a national security point of view is extremely concerning.鈥

And there鈥檚 the link to the public service unions鈥 fight over work-from-home arrangements.

What does the new public service in-office mandate have to do with border guards?

Ottawa recently announced that federal employees must work from the office at least three days a week, starting in September. Public service unions responded by pledging a 鈥渟ummer of discontent鈥 over the new policy.

Then-PSAC president Chris Aylward indicated that includes the CBSA strike, saying in an earlier press conference the 鈥済overnment has to be prepared for a summer of discontent. Whatever that looks like, whether it鈥檚 at the borders, whether it鈥檚 at the airports.鈥

Weber said telework is a key issue for the union, and more than 2,000 of its members work remotely or did so previously, including during the COVID-19 pandemic. The union wants to see work from home enshrined in the collective agreement.

He said the government previously promised to set up panels and consult on work-from-home arrangements, and then broke its promise by announcing the three-day-a-week mandate for everyone.

That means the union would be skeptical if government only offers another letter of understanding. 鈥淲hat value does that have anymore?鈥 Weber said.

How likely is a strike?

鈥淲e remain at the bargaining table, committed to negotiating a deal that is fair to employees and reasonable to the Canadian taxpayer,鈥 Treasury Board spokesperson Martin Potvin said in a statement.

鈥淲ith a shared commitment to good faith bargaining, we are optimistic that an agreement can be reached quickly.鈥

Weber said it鈥檚 in the government鈥檚 hands 鈥渢o put a contract forward to avoid a strike. We鈥檙e always ready to sit down and negotiate a fair contract.鈥

Ross said in the lead-up to a strike, there is always an element of posturing, but the 96 per cent vote in favour of strike action was 鈥渧ery strong.鈥

Many of the problems are the same as when the union went on strike in 2021, she noted.

鈥淚f we take a bit of a longer-term view, there are reasons to believe that things have been festering at CBSA, and that makes the mobilization that we鈥檙e seeing in the union side more important to take seriously.鈥

The workers have been negotiating without a collective agreement for two years, meaning, Ross noted, 鈥渢here鈥檚 a lot of built up frustration around their wages falling behind.鈥

She said this is the moment where the two sides are waiting to see which one is willing to blink.

The government might not believe the union 鈥渉as enough organization and unity to pull off a work to rule that would be disruptive,鈥 she said.

But they might find out. We all might find out.鈥

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Anja Karadeglija, The Canadian Press

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