Inmate Custodial Allowance (ICA) – The Association braces for the worst

September 08, 2005

Over the next two weeks, Correctional Service Canada will be reviewing the Inmate Custodial Allowance (ICA) paid to our members working in federal penitentiaries. Currently there are 165 Association members who receive the ICA, and we are hoping that very few will be affected by the review, since the vast majority of our members employed in penitentiaries are in generic positions.

Each institution will shortly receive a list of names of employees now receiving the ICA. The management of each institution will determine which positions will remain eligible for the allowance. Employees whose indemnities are cancelled will also have to reimburse the allowance, retroactive to October 1, 2004.

The problem arises because, in a unilateral and arbitrary manner, Treasury Board decided to change the definition of the concept of inmate custody, after the collective agreement was signed. We regard this action by Treasury Board as illegal, unfair and taken in bad faith.

The Association intends to object strenuously to this unilateral decision, and plans to use every legal means at our disposal to uphold our members’ rights and make sure that such a situation does not recur. To this end, the Association is preparing a strategy for all those who will be negatively affected by this review. Under the new Public Service Labour Relations Act, the Association may file a collective grievance on behalf of all members who feel aggrieved, provided it first obtains the consent of those concerned.

Members who cease to be eligible for the ICA will be informed in writing. Unfortunately, the employer will not be reminding employees of their right to file a grievance objecting to the decision. Clearly, we encourage all members affected to take part in the grievance campaign, and give us your consent to present a grievance on your behalf. To do so, you need only complete and sign the form
Consent Of Aggrieved Employees To The Presentation Of A Group Grievance

and fax it to the Association at:

Attention: Bertrand Myre,
Senior Labour Relations Officer

(You will need Adobe Reader to access the electronic version of this document. Should this prove problematic, please call the CAPE National Office at 236-9181 or 1-800-265-9181 and we will fax you a copy of the document.)

Remember that under the collective agreement, you have only 25 days (excluding Saturdays, Sundays and designated paid holidays) from the date of the official notification to provide your consent.

Consent Of Aggrieved Employees To The Presentation Of A Group Grievance