Staffing Complaints Grievance Procedures Book.pdfGrievance Procedures 5th Revision July 2010...

Union of Environment Workers

2181 Thurston Drive • Ottawa, Ontario • K1G 6C9

Staffing Complaints &

Grievance Procedures

5th Revision July 2010

Produced by: Union of Environment Workers Tel: (613) 736-5533 Fax: (613) 736-5537 e-mail: [email protected] www.uew-ste.com

INDEX

Page

PSST Staffing Complaints ................................................... 1

How to file A PSST Complaint ................................................... 2

The Formal PSST Complaint Process

...................................................

2

Mediation or Hearing ................................................... 4

Withdrawing a PSST Complaint ................................................... 4

Duty to Fair Representation ................................................... 4

Judicial Review ................................................... 5

UEW Notification of a PSST Complaint

...................................................

5

Grievances ................................................... 5

General ................................................... 5

Complaint/Grievance ................................................... 5

Complaint Stage ................................................... 5

The Grievance Process ................................................... 6

Grievance Interview (Stewards)

...................................................

6

Recording the Facts ................................................... 7

Establishing the Corrective Action

...................................................

7

Validating the Facts ................................................... 7

Types of Grievances ................................................... 8

Details of the Grievance ................................................... 8

Corrective Action Requested ................................................... 10

ii

Page

Staff Relations’ Grievances ................................................... 11

Grievance Hearing ................................................... 11

First Level ................................................... 11

Second Level ................................................... 11

Third and Final Level ................................................... 12

National Joint Council Grievances ................................................... 12

First Level ................................................... 12

Second Level ................................................... 13

Third and Final Level ................................................... 13

Classification ................................................... 13

Job Description and Classification Grievances

...................................................

14

Procedure ................................................... 14

Information ................................................... 15

Time Limits ................................................... 16

Details of the Grievance ................................................... 16

Corrective Action ................................................... 16

Extension of Time Limits ................................................... 17

Withdrawing a Grievance ................................................... 17

Arbitration/Adjudication ................................................... 18

iii

Page

Appendix

A - Staff Relations Grievances Flow Chart

...................................................

19

B - The NJC Grievance Procedures Flow Chard

...................................................

20

Grievance Forms

C - Individual Grievance (PSLRA s. 208) (TBS/SCT 340-55)

...................................................

21

D - Group Grievance (PSLRA s. 215) (TBS/SCT 340-56)

...................................................

23

E - Policy Grievance (PSLRA s. 220) (TBS/SCT 340-53)

...................................................

25

F - Grievance Transmittal Form (TBS/SCT 340-54)

...................................................

26

G - PSST Complaint Form ................................................... 27

H - Steward Factsheet ................................................... 29

I - Steward Grievance Checklist ................................................... 33

The information provided in the Staffing Complaints and Grievance Procedures Handbook is intended to be a reference tool to Stewards and Local union representatives to assist them in applying UEW policies and procedures and providing appropriate representation on behalf of the UEW membership. These procedures are not only provided in booklet format - they may also be found on the UEW Website at http://www.uew-ste.com. Locals are also able to obtain copies of the PSAC Steward Handbook which is available through the PSAC Regional Offices. UEW recognizes the value of education and believes having trained Local Representatives at the Local level will provide members with the best possible union representation. PSST STAFFING COMPLAINTS The Union of Environment Workers (UEW) is responsible for providing representation to membership complaints before the Public Service Staffing Tribunal (PSST). In some cases, UEW representation is provided with assistance from complaint representatives from other Components within the Public Service Alliance of Canada (PSAC). The following guidelines will assist members and union representatives in understanding how to file complaints related to staffing actions. They reflect the spirit and intent of the applicable legislated policies, procedures and/or regulations and have been prepared for reference only. For purposes of interpreting and applying the Law, members should consult the official publications produced by the respective legislative authorities. The Public Service Modernization Act (PSMA) significantly changed staffing processes and complaint procedures related to staffing actions that are used throughout the public service under both the Public Service Employment Act (PSEA) and the Public Service Staffing Tribunal (PSST). As a result, all complaints filed with the Public Service Staffing Tribunal (PSST) have the potential of establishing new legal precedent that could affect our members in the future. This unique situation provides bargaining agents with an opportunity to influence the development of new case law pertaining to staffing. UEW and the PSAC have combined resources in an attempt to monitor and co-ordinate information regarding PSST complaints to help develop strategies to address future staffing issues. The continued support and participation of members and Local union representatives in this process is critical to our success. The PSAC has developed comprehensive training modules -- “Advanced Representation” and “Mediation – PSST” -- that, when combined, are designed to assist union members with PSST Complaint representation.

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PSST STAFFING COMPLAINTS (Cont’d) How to File a PSST Complaint The Public Service Employment Act (PSEA) which was amended in 2005 has significantly limited the grounds on which an employee may file a complaint relating to a staffing action. Under s.77 (1) of the PSEA, the only reasons for which a public service employee may file a formal staffing “complaint” before the Public Service Staffing Tribunal (PSST) are as follows: Excerpt from the PSEA:

The Formal PSST Complaint Process If, for any of the reasons/grounds cited above, a member wishes to object to or challenge a staffing action, the following shall apply; i.e. A complaint must be sent to the Executive Director of the Tribunal (PSST) in writing no later than 15 calendar days after a person with the right to complain has been informed of the appointment or proposed appointment, revocation, or lay-off. In the case of a public notice, the complaint must be filed 15 days after the notice has been issued. A PSST Complaint must be filed in writing and must include the following information: i.e.,

a. the complainant's name, address, telephone number, fax number and, if available, electronic mailing address; and

b. the mailing address or electronic mailing address that is to be used for sending documents

to the complainant; and

Grounds of complaint

77. (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may -- in the manner and within the period provided by the Tribunal's regulations -- make a complaint to the Tribunal that he or she was not appointed or proposed for appointment by reason of (a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2); (b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or (c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1).

-3- PSST STAFFING COMPLAINTS (Cont’d) The Formal PSST Complaint Process (Cont’d)

c. the name, address, telephone number, fax number and electronic mailing address of the complainant's authorized representative, if any; and

d. the number or identifier, if any, of the process to which the complaint relates; and

e. the date of the notice of the lay-off, revocation, appointment or proposed appointment to

which the complaint relates; and

f. the name of the Department, Agency, Branch or Sector involved in the process to which the complaint relates; and

g. a reference to the provision of the PSEA under which the complaint is made; and

h. a full and factual description of the events, circumstances or actions giving rise to the

complaint if known by the complainant; and

i. the signature of the complainant or his/her authorized representative; and

j. the date of the complaint. A complaint may either be filed on a PSST complaint form or in letter format. A copy of the PSST complaint form can be accessed on the PSST website; i.e., www.psst-tdfp.gc.ca The complaint may be sent by e-mail, fax, courier, and mail or delivered by hand. When a complaint is sent by fax or e-mail, a hard copy must also be mailed to the Executive Director of the PSST; i.e.,

Executive Director Public Service Staffing Tribunal 240 Sparks Street, 6th Floor West Ottawa, Ontario K1A 0A5

Phone 613-949-6516; 1-866-637-4491 Fax: (613) 949-6551 Email: [email protected] Complaints sent by fax or e-mail will be deemed to be received on the date on which they are transmitted.

-4- PSST STAFFING COMPLAINTS (Cont’d) The Formal PSST Complaint Process (Cont’d) Complaints sent by courier or delivered by hand will be deemed to be received on the day of their delivery. Always use a method of conveyance where proof of delivery can be established.

Caution is recommended when dealing with PSST complaints when they involve “member vs. member”. From a legal and moral perspective, the PSAC has taken the position that it will represent the interests of the “Applicant(s)”. It is the opinion of legal counsel at the PSAC that the Employer is representing member(s), other than the Complainant who may be affected by the outcome of the complaint, by default. Mediation or Hearing Mediation is a voluntary and confidential process that promotes open and respectful communication and allows the parties in a dispute to explore their interests and concerns, examine the options and develop their own creative solutions in a timely and cost-effective manner. All complaints to the Tribunal will be referred to mediation unless one of the parties indicates that it does not wish to participate in mediation. There will be situations where mediation is not appropriate. In some cases, a member of the Tribunal may hear the complaint and provide an opportunity for the complainant, manager and other parties to present evidence and arguments. In others, the Tribunal may choose to render a decision based on the written documentation submitted by the parties. In either case, once the Tribunal has considered the complaint, it will render a decision and inform the parties of its decision. Withdrawing a PSST Complaint Legal Counsel at the PSAC stresses the importance of not giving specific details or reasons when withdrawing a file from the PSST appeal process. It is strongly recommended that the notice to the PSST to withdraw a complaint should indicate the wish to withdraw. Do not include any reason(s) or commentary in the notice. Duty of Fair Representation For PSST Complaints, UEW’s obligations concerning a “Duty of Fair Representation” remains the same; i.e., we cannot act in a manner that is arbitrary, discriminatory or in bad faith.

-5- PSST STAFFING COMPLAINTS (Cont’d) Judicial Review The decisions of the PSST are final. However, a PSST decision may be appealed to the Federal Court of Canada if it meets the test of "patent unreasonableness". This test is very difficult to meet and the PSAC will determine which cases to take forward. Please communicate with the UEW National Office at any time during the process should clarification or other assistance be required. UEW Notification of a PSST Complaint The UEW National Office will not be contacted by the Public Service Staffing Tribunal (PSST) when a complaint is filed at the PSST on behalf of a member. Members wishing union representation should communicate with the Local or the UEW National Office. The Local should notify the UEW National Office of all complaints at the time of filing with the PSST. A copy of the complaint should accompany the notification wherever possible. Upon receiving notification of a PSST Complaint being filed, the UEW National Office will communicate with the appropriate resources to ensure that a union representative is assigned to the file. GRIEVANCES General Complaint/Grievance When a member has a complaint or disagreement with the employer or questions the employer’s interpretation of the collective agreement or any policy, the member should first bring the matter to the attention of a Steward or an Officer of the Local to determine the best course of action. Although every member’s complaint is important, it may or may not constitute a valid grievance. Complaint Stage A “complaint” is an informal grievance as opposed to a formal one. In affect, it is an informal stage of the grievance process that is recommended prior to the presentation of a written grievance. The nature of the complaint may also be one for which there is no relevant clause or protection provided in the collective agreement and which must therefore be resolved through channels other than the formal grievance process.

-6- GRIEVANCES (Cont’d) General (Cont’d) Complaint Stage (Cont’d) Members are encouraged to discuss their complaint with their management/supervisor as soon as possible and in a calm and professional manner. It is strongly recommended that the discussion take place in the presence and with the assistance of a Steward or Local Executive Officer. Often a direct dialogue can prove effective in resolving a concern. In emotional situations, members need to take the time to regain their composure before entering into a dialogue with management. Misplaced emotions or personal conflicts are often seen as a barrier to objective discussions. In such cases, it is recommended that the member involve a union representative to act on his/her behalf. The union representative represents the member's interests and because he/she is not personally involved, he/she is more able to be objective and facilitate communication with the employer. The Grievance Process Grievance Interview (Stewards) In order to determine the best course of action, Stewards should discuss the situation with the member/grievor and identify the facts to determine whether or not a grievance is valid. The only way to effectively ensure that a grievance statement and its corrective action are phrased properly is to hold a comprehensive interview with the grievor. While the time necessary to gather the facts may vary, one can anticipate the first meeting will last at least an hour. More time will permit the representative to deal with any unexpected issues that may arise, to answer any questions the grievor has, and to explain the process and instruct the grievor as to any follow-up actions he/she will be required to take. The available time will also enable the interviewer to record detailed facts. The collective agreement Article 14.07 -- ‘Leave With or Without Pay For Alliance Business’-- addresses the time necessary to gather the facts. Meetings During the Grievance Process 14.07 Where an employee representative wishes to discuss a grievance with an

employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of his or her grievance, the employer will, where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters area.

-7- GRIEVANCES (Cont’d) The Grievance Process (Cont’d) Recording the Facts The interview should provide full answers to "who", "what", "when", "where", "how" and possibly "why". There are always two sides to the "why" question and it may prove useful to ask the grievor's opinion as to what management will argue. We strongly encourage the use of the Steward Factsheet (PSAC/AFPC F46) to both guide and record the facts (Appendix H). Establishment of Corrective Action It is very important to ascertain what the grievor wants during the interview because not only does it go directly to the corrective action itself, but it may also indicate what recourse will be most effective in resolving the problem. It may ultimately be concluded that the grievance procedure is not the most effective option. We recommend that the Steward ensures that he/she has a clear understanding as to what the member/grievor is seeking. Validating the Facts Once all the required information has been collected and the grievance form has been completed, the grievor should verify the statement by reading and signing the grievance form. Before presenting a grievance, the Steward or Local Officer should try to resolve the problem through discussions with the supervisor involved or with the appropriate level of management.

Steward Factsheets are available at PSAC Regional Offices, at the UEW National Office or from the UEW Website (www.uew-ste.com) . If the issue is resolved at the complaint stage, a record of the decision and Steward Factsheet should be filed with the Local. The Steward Factsheet should always be filed and must always be part of the package submitted to the UEW National Office immediately upon filing a grievance. If a satisfactory agreement is not reached, a grievance should be filed with the immediate supervisor. It is solely the Steward's responsibility to ensure that the time limits as specified in the grievance procedure are adhered to and to keep the National Office informed throughout the grievance procedure. Time limits are outlined in the Collective Agreement and in this Handbook. NOTE: It is important to ensure “all” information is complete before the file is referred to

the PSAC.

-8- GRIEVANCES (Cont’d) The Grievance Process (Cont’d) Types of Grievances There are three (3) types of grievances in the Public Service; i.e., Staff Relations, National Joint Council, and Classification. -- Staff Relations’ Grievances – There are 3 types of staff relations’ grievances which are categorized as follows; i.e.,

Individual -- governed by s 208 of the Public Service Labour Relations Act; Group -- (must be related to employees from one classification group of the federal public administration) -- governed by s 215 (3) of the PSLRA; and Policy -- (interpretation of the application of the Collective Agreement or arbitral award) -- governed by s 220 of the PSLRA.

With the exception of a Staff Relations’ Policy Grievance, the Local is responsible for ensuring that representation at the first level hearing is provided by a trained Local Steward. The Chief Steward or Local Executive Officer will provide advice and assistance to the Steward when required. Upon receipt of the first level response, a copy should be forwarded to the National Office. A Policy Grievance is a one-level grievance and the UEW national office presents this grievance before the Treasury Board Secretariat. The standard Collective Agreement Grievance Procedure applies - See page 11. -- National Joint Council (NJC) Grievances - See page 12. -- Classification Grievances - See page 13. NOTE: For members working for employers outside the Public Service, the grievance

procedure may differ and should be outlined in their respective collective agreement.

Details of the Grievance The writing of the grievance is very important and the goal is to be as clear and concise as possible. The grievance statement should be phrased in its simplest and most straightforward wording. Complicated wording will lead to confusion and the mixing of fact and argument. When in doubt, communicate with the UEW National Office.

-9- GRIEVANCES (Cont’d) The Grievance Process (Cont’d) Details of the Grievance (Cont’d) Reference to a collective agreement should be general so as not to restrict the adjudicator/arbitrator in the application or interpretation of a single clause or section of the agreement. This phrasing allows the union representative to argue other clauses when they are found to be more pertinent to the case. It is recommended that the following be included in the grievance statement:

I also rely on any and all other relevant clauses of my collective agreement, related legislation and/or policies.

An identification of the type of grievance at issue may be included. For example:

Staff Relations’ Grievance I grieve management's refusal to grant me court leave as per Article 52 of the Technical Services Agreement.

In addition to Article 52 of the Technical Services Agreement, I also rely on any and all other relevant clauses of my collective agreement.

National Joint Council Grievance

I grieve management=s failure to provide an isolation posts allowance in accordance with the Isolated Posts and Governmental Housing Directive.

In addition to the Isolated Posts and Government Housing Directive, I also rely on any and all other relevant clauses of my collective agreement.

The fundamental reason to make general comments in identifying both the factual and legal grounds for the grievance is that the more specific the phrasing, the less leeway is available to the decision-maker to look to other provisions and the more difficult to formulate arguments on behalf of the grievor. Finally, mixing facts and arguments when phrasing a grievance is a general and wide-spread problem that can be avoided by keeping the statement simple and to-the-point.

-10- GRIEVANCES (Cont’d) The Grievance Process (Cont’d) Details of the Grievance (Cont’d) There is no reason to explain the background of the grievance or to enter too deeply into the consequences of management's actions. The more information that is written, the more likely arguments will ensure. This information is important and should be exercised during the grievance hearing only. In general, all grievance statements should identify who, what, and if necessary, where and/or how. The statement should not deal with "why" as this is part of the argument. Stewards or Local Officers requiring assistance with the wording of grievances should always communicate with the Service Officer at the UEW National Office. Corrective Action Requested Corrective Action statements should follow the same guidelines as grievance statements. They should state clearly and concisely what the grievor wants and they should be general enough that other potential remedies are not excluded. With respect to corrective action, a grievor's redress should include everything that would place him/her in the same position as if the aggrieved situation had not occurred. The problem often faced is that too little is requested. It is important that full pay and benefits, as well as destruction of unfavourable records and all references to them, be included in the redress, if applicable. An adjudicator can always delete items but he/she cannot grant more than what is requested. An example would be:

I request:

(a) court leave as per my collective agreement; (b) any and all other remedies deemed just in the circumstances.

Once the grievance form is completed, signed and submitted to the supervisor, it is the supervisor's responsibility to provide a signed receipt to the union representative or grievor stating the date on which the grievance was received. The Steward or Local Officer should immediately provide a copy of the grievance to the UEW National Office with a copy of the completed Steward Factsheet.

-11- STAFF RELATIONS’ GRIEVANCES Grievance Hearing Once the Grievance Form is submitted and signed by the manager and returned to the Steward, the grievance hearing can be scheduled with the manager authorized to hear grievances. The time lines as set out by the Collective Agreement must be respected. When mutually agreed by both parties in writing, time lines may be extended for valid reasons. The grievance hearing outlines the facts of the grievance identifying the issue, its background any information supporting the grievance as well as the corrective action being sought. The Local is responsible for ensuring that representation at the first and second level hearings with the employer is provided by a trained Steward. First Level When the first level decision is received from management, it should be immediately provided to the UEW National Office. The Department is obligated to provide a written response at all levels of the grievance procedure within the prescribed time limits. Should the grievance be denied, it can then be transmitted to the next appropriate level. Second Level If the reply at the first level is not satisfactory to the grievor or if management has not responded within the required time limit, the grievance should be transmitted to the second level by using a transmittal form submitted through the supervisor within the time limit set out in the grievance procedure. The required transmittal forms are available from Human Resources. A copy of the transmittal form or letter of transmission to the second level should be immediately provided to the UEW National Office. When the second level decision is received, it should be provided immediately to the UEW National Office. All documentation produced or received during the proceedings should be copied and forwarded to the UEW National Office to ensure that Service Officers are familiar with the up-to-date status of the file; i.e.,

(a) a copy of all documents relating to the grievance;

(b) a copy of the arguments and supporting documents used at the first and second

level hearings; and

-12- STAFF RELATIONS’ GRIEVANCES (Cont’d) Grievance Hearing (Cont’d) Second Level (Cont’d)

(c) a copy of any other information and material that may be required by the UEW National Office.

Third and Final Level When the reply at the second level is not satisfactory to the grievor or if management has not responded within the specified time limit, the grievance should be transmitted to the third level through the supervisor within the time limit set out in the grievance procedure. A copy of the transmittal form or letter of transmission to the third and final level should be immediately provided to the UEW National Office with any new information that was not provided earlier. Grievance transmittal forms are available from Human Resources. A UEW Service Officer provides representation at the final (third) level hearing. Management will issue a written, final level decision to the grievor with a copy to UEW. A copy of the final level decision will be provided by the UEW Service Officer when received from the Department. The grievor, in full consultation and advice from his/her Local Steward or UEW Representative, may choose to place a grievance in abeyance due to other related business pending, choice of mediation, etc. Basically, this places the grievance on hold until the other related business is completed or dealt with. The grievor, in full consultation with his/her representative, will determine when the outstanding grievance is to be taken out of abeyance or withdrawn. NATIONAL JOINT COUNCIL GRIEVANCES First Level The Local is responsible for ensuring that representation at this level is provided by a trained Steward of the Local. The Chief Steward or Local Executive will provide advice and assistance to the Steward when required. If unresolved at the first level, all documentation, including the Stewart Factsheet and the response and transmittal form as received from Human Resources, should be provided immediately to the UEW National Office.

-13- NATIONAL JOINT COUNCIL GRIEVANCES (Cont’d) Second Level

A UEW Service Officer will provide representation before the Departmental Liaison Officer at the second level hearing. Second level NJC grievances are addressed at departmental headquarters and by the UEW National Office. Third and Final Level

A presentation at this level is made by the UEW Service Officer to the appropriate NJC Committee which then advises the Executive Committee of the National Joint Council. The Executive Committee renders its final decision based on the NJC Committee’s recommendation.

At this stage, it is the intent of the Policy, Directives, or Regulations being grieved that is relevant. The NJC Committee meets on an as-needed basis and the Executive Committee only meets once per month; therefore, the final level time limit for presentation and the provision of responses are extended as required. The decision of the Executive Committee is provided to the relevant Departmental Liaison Officer who is required to send a formal response incorporating the Executive Committee's response to the grievor. Where the Policy, Directives, or Regulations being grieved are deemed to be part of the employee's collective agreement and the grievor is not satisfied with the response, the grievance may be referred to adjudication. The procedure is the same as described for collective agreement grievances. Section 209 of the Public Service Labour Relations Act (PSLRA) outlines what subjects/issues may or may not be adjudicated.

NOTE: An Officer of the PSAC or a UEW Service Officer will provide representation

before a NJC Committee. CLASSIFICATION NOTE: Classification of positions is the purview of the employer for all positions subject

to the Public Service Labour Relations Act. The Employer (Treasury Board) guards this authority very stringently.

The Classification Grievance Procedure has been developed by the employer and is, therefore, not resolvable by third parties such as an adjudicator. Although the member and union may not be pleased with the Department's decision, the decision is final and binding.

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CLASSIFICATION (Cont’d) Job Description and Classification Grievances

Classification decisions are based primarily on the content of job descriptions. Consequently, it is important that the job descriptions accurately reflect the full duties and responsibilities of a position as assigned by management. Where a member feels his/her job description does not properly describe his/her duties and responsibilities, he/she should file a Staff Relations’ grievance under the Statement of Duty Article in his/her respective collective agreement. This Article ensures members are entitled to job descriptions that are both complete and current. The recommended wording for a Statement of Duty / Job Content grievance is as follows:

I grieve the employer‘s failure to provide me with a complete and current statement of duties and responsibilities. This violates Article ____ (Statement of duties) of my collective agreement.

Corrective action requested:

That I be provided with a complete and current statement of the duties of my position, effective from X date.

Classification grievances cannot correct problems related to the content of job descriptions. This process must be completed before a classification grievance can proceed. Statement of Duty grievances can be referred to adjudication/arbitration, however, the mediation process is the PSAC preferred process to reach a resolve to these types of grievances.

Classification decisions are based primarily upon the content of job descriptions being assessed against established classification standards. Consequently, it is important that the job description being submitted for classification review accurately reflects the complete and current duties and responsibilities of a position as assigned by management. Procedure If a member has objections to the point-rating or factor allocation of a job description, he/she must file a Classification Grievance to establish a possible correction.

Upon completion of the classification review process, the employer will notify the employee in writing of the results of the review. If the results are not favourable, the employee must file his/her classification grievance within thirty-five (35) days of the date of receipt of the classification decision.

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CLASSIFICATION (Cont’d) Procedure (Cont’d) Classification grievances are filed on the same forms and in the same manner as Staff Relations’ grievances; however, they are treated quite differently after that point. The Classification Grievance Procedure provides a one-step process whereby the grievances proceed immediately to the final level. A three-member management committee reviews the case, hears representations by the grievor's representative and/or management, and recommends a classification level to the Deputy Minister's nominee. The PSAC may provide representation at a classification hearing if, on a review of the merits of the case, it is decided that grounds exist to proceed. The Management Committee's recommendation forms the basis for the Deputy Minister's response. This reply must be communicated in writing to the grievor's representative within sixty days of management's receipt of the grievance. Where the possibility exists that a classification grievance may result in the downgrading of positions other than that of the grievor, the PSAC may choose not to provide representation at a classification hearing and may recommend the withdrawal of the grievance. Information Advice and representation to members who have grieved their classification is provided by the PSAC. It is imperative that the necessary documentation be forwarded to the UEW National Office promptly so that it can be passed on to the PSAC for review within the 35-day time limit. The documentation required is as follows:

(a) a grievance form signed and dated by the grievor and the union representative;

and

(b) a complete and current official job description for the position in question signed by management and dated (no drafts); and;

(c) the current organization chart;

(d) the point rating by factor; and

(e) any other documents necessary to the presentation and understanding of the

grievance;

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CLASSIFICATION (Cont’d) Information (Cont’d) (f) one contact grievor with complete contact information per region if a group

grievance; and

(g) one language for representation must be decided upon before the file is referred. Normally, the language of representation should correspond with the majority of documentation in the file (work description, rationale, etc.). If the other official language is preferred, this must be clearly indicated; and

(h) the telephone numbers at which the member can be reached during the day and/or

evening. Time Limits Employees have thirty-five working days from the date they are notified by management of the classification level of their position to submit a Classification Grievance to their supervisor who should transmit it directly to Departmental Headquarters. If more information is required prior to the incumbent filing a Classification Grievance, the Local should proceed with the filing of the grievance to ensure that the member does not allow the time limits to expire. The grievance may subsequently be withdrawn if the classification is resolved prior to the scheduled date of the hearing. This approach is necessary to ensure that no member inadvertently allows his/her right to grieve expire while waiting for a reply from the Union. Details of the Grievance The following wording is recommended:

I grieve the classification of my position; number ____________. Corrective Action The following wording is recommended:

I request reclassification of my position to a higher classification effective X date.

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CLASSIFICATION (Cont’d) Further information on filing Statement of Duties / Job Content Grievances (including ‘effective date’) and Classification Grievances can be accessed at: www.psac.com/what/representation/duties-e.shtml www.psagency-agencefp.gc.ca/Classification/Tools/Griev_e.asp EXTENSION OF TIME LIMITS From time to time, the parties to a grievance may require the extension of a time limit in the grievance procedure. These extensions should have a logical and rational explanation and must be mutually agreed to by all parties. It is suggested that the grievor approve the extension as well. All such agreements and requests must be given in writing with copies provided to the UEW National Office and to the Local or Steward concerned. The grievor, in full consultation and advice from his/her Local Steward or UEW Representative, may choose to place a grievance in abeyance due to other related business pending, choice of mediation, etc. Basically, this places the grievance on hold until the other related business is completed or dealt with. The grievor, in full consultation with his/her representative, will determine when the outstanding grievance is to be taken out of abeyance or withdrawn. WITHDRAWING A GRIEVANCE A grievor may withdraw a grievance at any time during the grievance procedure. The withdrawal must be in writing and submitted to the immediate supervisor. It simply states: I hereby withdraw my grievance. Should the possibility exist that further action on the subject-matter of the grievance will be taken, it is recommended that the following statement be used:

I hereby withdraw my grievance without prejudice to any further action that may be taken in this matter.

A copy of the withdrawal shall be immediately provided to the UEW National Office.

-18- ARBITRATION/ADJUDICATION Grievances may be referred to the PSAC for review and possible presentation at a hearing if they deal with the interpretation or application of the Collective Agreement, or a related arbitral award or disciplinary action resulting in suspension or a financial penalty or termination of employment or demotion pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act (reference Section 209 of the Public Service Labour Relations Act (PSLRA)). The decision at the third or final level of the grievance procedure is final and binding when the grievance is one that cannot be referred to adjudication/arbitration and no further action may be taken concerning the grievance When the grievance can be referred to adjudication/arbitration and the decision at the third or final level is not satisfactory to the grievor, the UEW National Office will communicate with the grievor or the Steward concerned about referring the case. The PSAC, Officers of the Alliance Executive Committee (AEC) or an officer of the PSAC Representation Section will review and assess the merits of the grievance. Should it be decided to proceed, an Officer of the PSAC Representation Section will provide representation on behalf of the grievors at adjudication/arbitration hearings. It is always possible that after that review, the PSAC may refuse to provide such representation and the grievor will be so advised.

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ittal

to 2

nd le

vel

Em

ploy

er’s

Rep

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ntat

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Uni

on’s

Rep

rese

ntat

ive

(Ste

war

d or

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al O

ffic

er)

Rep

lyin w

ritin

g

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nsm

ittal

to F

inal

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lE

mpl

oyer

’sR

epre

sent

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e

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on’s

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pone

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Rep

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Ref

erra

l to

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udic

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25 d

ays

10 d

ays

10 days

10 d

ays

10 days

30 d

ays

30 d

ays

NO

TE

: Day

s ar

e ex

clus

ive

of S

atur

days

, Sun

days

and

Des

igna

ted

Hol

iday

s

-19- APPENDIX A

TH

E N

JC G

RIE

VA

NC

E P

RO

CE

DU

RE

S

1ST

LE

VE

LH

EA

RIN

G2N

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Em

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icat

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edia

tesu

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for

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ce

Em

ploy

er’s

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ive

Uni

on’s

Rep

rese

ntat

ive

(Ste

war

d)

Rep

ly in

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ting

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nsm

ittal

to 2

nd le

vel

(Dep

artm

ent

Lia

ison

Off

icer

-D

LO

)

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ploy

er’s

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on’s

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Rep

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Rep

ly to

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in.

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e

25 d

ays

10 d

ays

10 days

15 d

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10 days

30 d

ays

NO

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: Day

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atur

days

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ted

Hol

iday

s

-20- APPENDIX B

PROTECTED WHEN COMPLETED PROTÉGÉ UNE FOIS REMPLI

INDIVIDUAL GRIEVANCE PRESENTATION (PSLRA s. 208)PRÉSENTATION D'UN GRIEF INDIVIDUEL (LRTFP a. 208)Please note: In accordance with PSLRA s. 207, all departments and agencies within the core public administration have an informal conflict management system (ICMS) in place. Its existencedoes not affect an employee's right to file a grievance. However, managers, employees and bargaining agent representatives are encouraged to use the ICMS when appropriate, atany stage of the grievance process, in an attempt to informally address workplace differences.

TBS/SCT 340-55 (2006/03)

Secrétariat du Conseil du Trésor du Canada

Treasury Board of CanadaSecretariat

Veuillez noter :Conformément à l'article 207 de la LRTFP, les ministères et organismes de l'administration publique centrale ont établi un système de gestion informelle des conflits (SGIC). L'existence d'un tel système n'affecte pas le droit d'un employé à soumettre un grief. Toutefois, les gestionnaires, les employés et les représentants des agents négociateurs sontencouragés à se servir du SGIC, à n'importe quelle étape du processus de grief, afin de tenter de régler de façon informelle les problèmes en milieu de travail.

DEPARTMENT USE ONLY À L'USAGE DU MINISTÈRE

Reference No. N° de référence

A

Grievance details: statement of the nature of each act or omission or other matter giving rise to the grievance that establishes the alleged violation or misinterpretation,including a reference to, as the case may be, (i) any provision of a statute or a regulation, or of a direction or other instrument made or issued by the employer, that deals with the terms and conditions of employment and that is relevant, or (ii) any provision of a collective agreement or an arbitral award that is relevant.

Énoncé du grief : exposé de la nature de chaque action, omission ou situation ayant donné lieu au grief qui permettra d'établir la prétendue violation ou fausse interprétation, y compris, le cas échéant, le renvoi à : (i) toute disposition pertinente d'une loi ou d'un règlement, ou toute directive ou tout autre document pertinents del'employeur concernant les conditions d'emploi, (ii) toute disposition pertinente d'une convention collective ou d'une décision arbitrale.

Home and work telephone No. N° de téléphone maison et travail

Job classification Classification du poste Home address Adresse du domicile

Department or agency Ministère ou organisme

Date on which each act, omission or other matter giving rise to the grievance occurred Date de chaque action, omission ou situation ayant donné lieu au grief

Branch/division/section Direction/division/section

Surname Nom de famille

Position title (and number) Titre du poste (et numéro)

Collective agreement (if applicable) Convention collective (s'il y a lieu)

Given names Prénoms

Work location Lieu de travail Shift Quart de travail E-mail address Adresse électronique

Expiry date Date d'expiration

B

C

SECTION 1 TO BE COMPLETED BY EMPLOYEE À REMPLIR PAR L'EMPLOYÉ

-21- APPENDIX C

SECTION 4 TO BE COMPLETED BY IMMEDIATE SUPERVISOR OR LOCAL OFFICER IN CHARGE À REMPLIR PAR LE SUPÉRIEUR IMMÉDIAT OU LE CHEF DE SERVICE LOCAL

Name of representative Nom du représentant

I agree to act on behalf of the employee J'accepte d'agir au nom de l'employé

Signature of representativeSignature du représentant

Date

Telephone No. N° de téléphone

Name and title of management representative Nom et titre du représentant de la direction

E-mail address Adresse électronique

Facsimile No. N° de télécopieur

SECTION 3 TO BE COMPLETED BY EMPLOYEE WHERE REPRESENTATIVE IS NOT A REPRESENTATIVE OF A BARGAINING AGENT À REMPLIR PAR L'EMPLOYÉ, SI LE REPRÉSENTANT N'EST PAS CELUI DE L'AGENT NÉGOCIATEUR

Address for contact Adresse pour fins de communication

Date received Date de réception

Signature


Bargaining agent Agent négociateur

SECTION 2 TO BE COMPLETED BY BARGAINING AGENT REPRESENTATIVE WHERE APPLICABLE À REMPLIR PAR LE REPRÉSENTANT DE L'AGENT NÉGOCIATEUR S'IL Y A LIEUApproval for presentation of grievance relating to a collective agreement or an arbitral award, and agreement to represent employee are hereby givenPar la présente, j'autorise la présentation du grief relatif à une convention collective ou à une décision arbitrale, et j'accepte de représenter l'employé

Signature of Bargaining Agent RepresentativeSignature du représentant de l'agent négociateur

Date

Bargaining unit/component Unité de négociation/élément

Name of local bargaining agent representative Nom du représentant local de l'agent négociateur



Facsimile No. N°de télécopieur

Corrective action requested Mesures correctives demandées

DateSignature of employee Signature de l'employé

D

-22-

SECTION 1 TO BE COMPLETED BY THE BARGAINING AGENT REPRESENTATIVE À REMPLIR PAR LE REPRÉSENTANT DE L'AGENT NÉGOCIATEUR


GROUP GRIEVANCE PRESENTATION (PSLRA s. 215)PRÉSENTATION D'UN GRIEF COLLECTIF (LRTFP a. 215)

Please note: In accordance with PSLRA s. 207, all departments and agencies within the core public administration have an informal conflict management system (ICMS) in place. Its existencedoes not affect an employee's right to file a grievance. However, managers, employees and bargaining agent representatives are encouraged to use the ICMS when appropriate, atany stage of the grievance process, in an attempt to informally address workplace differences.

TBS/SCT 340-56 (2006/03)






A




Address for contact Adresse pour fins de communication Facsimile No. N° de télécopieur

Name of authorized bargaining agent representative Nom du représentant autorisé de l'agent négociateur

Department or agency Ministère ou organisme E-mail address Adresse électronique

Collective agreement Convention collective Expiry date Date d'expiration

B

Grievance details: statement of the nature of each act or omission or other matter giving rise to the grievance that establishes the alleged violation or misinterpretation,including, as the case may be, a reference to any relevant provision of a collective agreement or arbitral award.

Énoncé du grief : exposé de la nature de chaque action, omission ou situation ayant donné lieu au grief qui permettra d'établir la prétendue violation ou fausse interprétation,y compris, le cas échéant, le renvoi à toute disposition pertinente de la convention collective ou décision arbitrale.

C

Date on which each act, omission or other matter giving rise to the grievance occurred Date de chaque action, omission ou situation ayant donné lieu au grief

-23- APPENDIX D


DateSignature of Bargaining Agent RepresentativeSignature du représentant de l'agent négociateur

D

SECTION 2TO BE COMPLETED BY IMMEDIATE SUPERVISOR OR LOCAL OFFICER IN CHARGE À REMPLIR PAR LE SUPERVISEUR IMMÉDIAT OU LE CHEF DE SERVICE LOCAL

Signature



Form 19 completed and attached Formulaire 19 rempli et joint

NOTE: ALONG WITH THIS GRIEVANCE PRESENTATION FORM, THE BARGAINING AGENT MUST SUBMIT A COMPLETED PSLRB FORM 19 "CONSENT OF AGGRIEVEDEMPLOYEES TO THE PRESENTATION OF A GROUP GRIEVANCE".

NOTE : L'AGENT NÉGOCIATEUR DOIT ÉGALEMENT COMPLÉTER ET SOUMETTRE, AVEC CETTE FORMULE DE GRIEF COLLECTIF, LA FORMULE 19 DE LA CRTFP "CONSENTEMENT DES FONCTIONNAIRES S'ESTIMANT LÉSÉS À LA PRÉSENTATION D'UN GRIEF COLLECTIF ".

-24-

This grievance is filed by Ce grief est soumis par

Bargaining agentAgent négociateur

SECTION 1


POLICY GRIEVANCE PRESENTATION (PSLRA s. 220)PRÉSENTATION D'UN GRIEF DE PRINCIPE (LRTFP a. 220)Please note: In accordance with PSLRA s. 207, all departments and agencies within the core public administration have an informal conflict management system (ICMS) in place. Its existencedoes not affect the right to file a grievance. However, the employer and bargaining agent representatives are encouraged to use the ICMS when appropriate, at any stage of thegrievance process, in an attempt to informally address workplace differences.

TBS/SCT 340-53 (2006/02)



Veuillez noter :Conformément à l'article 207 de la LRTFP, les ministères et agences de l'administration publique centrale ont établi un système de gestion informelle des conflits (SGIC). L'existence d'un tel système n'affecte pas le droit à soumettre un grief. Toutefois l'employeur et les représentants des agents négociateurs sont encouragés à se servir du SGIC, àn'importe quelle étape du processus de grief, afin de tenter de régler de façon informelle les problèmes en milieu de travail.



SECTION 5SIGNATURES


Facsimile No. N° de télécopieur


SECTION 2BARGAINING AGENT INFORMATION INFORMATION DE L'AGENT NÉGOCIATEUR

Name and title of authorized employer representative Nom et titre du représentant autorisé de l'employeur

Statement of the nature of each act or omission or other matter giving rise to the grievanceExposé de la nature de chaque action, omission ou situation ayant donné lieu au grief

SECTION 3EMPLOYER INFORMATION INFORMATION DE L'EMPLOYEUR

Department or agency involved (if applicable)Ministère ou organisme (s'il y a lieu)

EmployerEmployeur


Address for contact Adresse pour fins de communication E-mail address Adresse électronique

Facsimile No. N° de télécopieurTelephone No. N° de téléphoneName and title of authorized bargaining agent representativeNom et titre du représentant autorisé de l'agent négociateur


Collective agreement Convention collective Expiry date Date d'expiration

Date on which each act, omission or other matter giving rise to the grievance occuredDate de chaque action, omission ou situation ayant donné lieu au grief


SECTION 4GRIEVANCE DETAILS DÉTAILS DU GRIEF


Signature of Bargaining Agent RepresentativeSignature du représentant de l'agent négociateur

Date Signature of Employer RepresentativeSignature du représentant de l'employeur

Date


-25- APPENDIX E

Approval for presentation of grievance relating to a collective agreement or an arbitral award, and agreement to represent employee are hereby givenPar la présente, j'autorise la présentation du grief relatif à une convention collective ou à une décision arbitrale, et j'accepte de représenter l'employé

Level 2 Palier 2SECTION 1


GRIEVANCE TRANSMITTAL FORMFORMULE DE TRANSMISSION DES GRIEFS

Please note:In accordance with PSLRA s. 207, all departments and agencies within the core public administration have an informal conflict management system (ICMS) in place. Its existencedoes not affect an employee's right to file a grievance. However, managers, employees and bargaining agent representatives are encouraged to use the ICMS when appropriate, atany stage of the grievance process, in an attempt to informally address workplace differences.

TBS/SCT 340-54 (2006/02)



Signature of bargaining agent representativeSignature du représentant de l'agent négociateur



Reference No. N° de réfrence

Level 3 Palier 3 Level 4 Palier 4 NJC level 2 Palier CNM 2 NJC final level Dernier palier CNM

Surname Nom de famille

SECTION 4 TO BE COMPLETED BY IMMEDIATE SUPERVISOR OR LOCAL OFFICER IN CHARGE À REMPLIR PAR LE SUPERVISEUR IMMÉDIAT OU LE CHEF DE SERVICE LOCAL

Telephone No. N° de téléphone Given names Prénoms

Work location Lieu de travail


Branch/division/section Direction/divison/section

Date

SECTION 2 TO BE COMPLETED BY EMPLOYEE (NOT APPLICABLE FOR GROUP GRIEVANCES)À REMPLIR PAR L'EMPLOYÉ (NE S'APPLIQUE PAS AUX GRIEFS COLLECTIFS)

Employee signature Signature de l'employé Date

Department or agency Ministère ou organisme



Telephone No. N° de téléphone Facsimile No. N° de télécopieur

Address for contact Adresse pour fins de communication E-mail address Adresse électronique

SECTION 3 TO BE COMPLETED BY BARGAINING AGENT REPRESENTATIVE WHERE APPLICABLEÀ REMPLIR PAR LE REPRÉSENTANT DE L'AGENT NÉGOCIATEUR S'IL Y A LIEU

Name of local bargaining agent representativeNom du représentant local de l'agent négociateur

Date transmittal received Date de réception de la transmission

Signature

-26- APPENDIX F

File no.:

For office use only

Form 1Complaint FormS. 11, PSST Regulations

Public ServiceStaffing Tribunal

Tribunal de la dotationde la fonction publique

❏ Internal appointment (s. 77) ❏ Revocation of appointment (s. 74)❏ Advertised or ❏ Non-advertised ❏ Failure of corrective action (s. 83)

❏ Abuse of authority in the application of merit ❏ Lay-off (s. 65)❏ Abuse of authority in the choice of process ❏ Failure to assess the candidate in the language of his/her choice

Type of Complaint

❏ Mr. ❏ Mrs. ❏ Ms. Last name

First Name Middle name(s)

Mailing address (see Note 3 above) City Province Country Postal code

Work phone no. Facsimile

Department or Agency Branch/Sector

Current Work location Position title and classification

E-mail address

Complainant Information

❏ Union ❏ Lawyer ❏ Other Name of organization Name of PSAC Component (if applicable)

❏ Mr. ❏ Mrs. ❏ Ms. Last name

First Name Middle name(s)

Mailing address City Province Postal code

Work phone no. Cell phone no.

E-mail address Facsimile

Information about representative (if applicable)

Please note:1. For information regarding the complaint process, consult your union representative, HR specialist or the PSST web site at: www.psst-tdfp.gc.ca.2. If you choose to be represented during the complaint process, it is your responsibility to advise your representative as soon as possible that you have filed a complaint.3. The addresses you provide will be disclosed to all parties to the complaint. (A business address is therefore preferable.)4. A copy of the complaint as well as any supporting documentation will be forwarded to all parties.5. If you wish to raise an issue involving the interpretation or application of the Canadian Human Rights Act, you must give notice to the Canadian Human Rights

Commission. You may use Form 5 for this purpose.6. A copy of any documentation related to your complaint should be attached to this form. (e.g. the staffing advertisement and notification for an internal appointment,

the deputy head’s letter in the case of a lay-off, etc.)

Form 1 (1/2)

-27- APPENDIX G

Send completed form to:

Executive DirectorPublic Service Staffing Tribunal240 Sparks Street, 6th Floor WestOttawa ON K1A 0A5

Facsimile: (613) 949-6551E-mail: [email protected]

Date of notice of lay-off, revocation, appointment or proposed appointment giving rise to the complaint

Name or organization (subject of complaint)

Position title and classification Reference no.

Area of selection Language of choice for Tribunal proceedings(internal appointment only) ❏ English ❏ French

Signature Date

Please provide a full, factual description of the events, circumstances or actions giving rise to the complaint. If necessary, attach additional pages. Failure to providesufficient information may delay the processing of the complaint unnecessarily.Do NOT include confidential medical information with your complaint.

Information about the complaint

Form 1 (2/2)

-28-

-29- APPENDIX H

-30-

-31-

-32-

U

UNION OF ENVIRONMENT WORKERS 2181 Thurston Drive • Ottawa, Ontario • K1G 6C9 Tel (613) 736-5533 • Fax (613) 736-5537 [email protected] • www.uew-ste.com

STEWARD GRIEVANCE CHECKLIST

Name: __________________________________________________________

1. Factsheet (available on UEW’s website : www.uew-ste.com/env/envform.htm)- interview grievor- interview witness- 6 W’s:

who is involved?what happened that caused the violation?where did the incident occur?when did the incident occur?why is this considered a grievance? Has there been violation?want corrective action

2. Story- Have grievor write in his/her own words details of story

3. Time Limits- Check time limits for each level

4. Grievance Form- legible- all tombstone data

Section 1B- clean, concise- facts, not arguments

Section 1C- specific- ask for everything to put grievor back into same position prior to incident plus “full redress as may be

granted”

Section 2- Have grievor sign- Fill out completely- Sign on behalf of Local (Steward)

5. - Deliver to grievor’s immediate supervisor for signature and date- Get copies

6. Send copies of factsheet and all pertinent documents immediately to UEW national office (see header)

REMEMBER, COMPLETE EVERY SECTION OF YOUR STEWARD FACTSHEET. IT REALLY DOES HELP !!

For further reference:

- Stewards Handbook- Local Officers- Regional Vice-President- National Office

************

-33- APPENDIX I

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