CRA negotiated in bad faith in 2023: FPSLREB

Email from UTE National President, Marc Brière:

July 24, 2025

As you may be aware, following the last round of negotiations in 2023, the Public Service Alliance of Canada (PSAC) had filed on behalf of the Union of Taxation Employees (UTE) a bad faith bargaining complaint against the Canada Revenue Agency (CRA). With this complaint, we were alleging that the CRA failed to disclose its plans to terminate prematurely the contracts of several of our members working in CRA’s Contact Centres and to not renew other contracts set to expire in May 2023.
 
This lack of transparency resulted in many affected workers missing out on the $2,500 signing bonus negotiated in the new collective agreement, which was signed on June 27, 2023, after their employment had ended.
 
The complaint was heard before a panel of the Federal Public Sector Labour Relations and Employment Board (FPSLREB) in January 2025. On June 19, 2025, the panel rendered its decision. While the decision has not yet been made public or translated to French, a summary is available on the FPSLREB website.
 
Here is the link to this summary: Public Service Alliance of Canada v. Canada Revenue Agency

While awaiting the publication of the decision in its entirety, we believe it is important to communicate its outcome.
The complaint raised three issues:

  • Whether the CRA bargained in bad faith.
  • Whether PSAC-UTE’s decision to ratify and sign a collective agreement after being informed of the CRA’s decision cures the breach of the duty to bargain in good faith.
  • Whether or not to award damages.

In its decision, the Board agreed with the submission made by PSAC-UTE and concluded that the CRA did not fulfil its duty to bargain in good faith by failing to disclose its intention to end the term contracts early. However, it limited the remedy to a declaration.
 
The UTE is very satisfied that the Board found the CRA guilty of violating section 106 of the Federal Public Sector Labour Relations Act (FPSLRA). However, we are disappointed with the decision, namely that it failed to award damages, that the adjudicator did not consider nominal damages and that it did not issue an order that the decision be posted in workplaces.
 
The CRA clearly negotiated in bad faith during the last round of negotiations, and we find that shameful. Therefore, we firmly believe that the adjudicator erred in determining the appropriate remedy.
 
This is why we have decided to ask the PSAC to file an application for judicial review of this decision. The PSAC filed this application with the Federal Court of Appeal a few days ago.
 
As we prepare to return to negotiations with the CRA to try to reach a new collective agreement for our members, we expect and hope that this time the Agency will negotiate in good faith on all issues with our bargaining team.
 
To this regard, UTE Second National Vice President Adam Jackson, who is responsible for negotiations, had this to say: “The fact that the employer thinks they can get away with these practices won’t be forgotten and surely won’t be forgiven.”
 
We will keep you informed of any developments regarding the judicial review as information becomes available.

In solidarity,

Marc Brière
National President
Union of Taxation Employees