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Frequently filed grievances

The purpose of this section is to provide an at source tool which can be used for reference purposes. This section presents the Statement of Grievance and the Corrective Action sought for the most common collective agreements violations.

Note:
The wording may require some fine tuning based on the jurisdiction. Knowledge of the appropriate articles, as they relate to your collective agreement, is a must to ensure the correct article(s)/clause(s) is cited.

Grievance #1 - Job Content

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:

That the duties be added to my statement of duties in order to meet the requirements of Article ____ (statement of Duties) of my collective agreement. (You should list the duties you wish to have added to your job description, do not attach this list to your grievance, rather give it to your Union Representative).

Acting Pay Grievance:

If you wish to increase your chances of getting the desired effective date , an acting pay grievance should be filed at the beginning of the process. This grievance should be put on hold pending the statement of duties and classification review/grievance process.

Grievance #2 - Salary

I grieve that the employer is not paying me appropriately for the duties I am performing. I am asked to perform the duties of a higher position. As a result, the employer is not following the provision of Article _____(Pay Administration) of my collective agreement.

Corrective Action:

That I be paid in accordance with my collective agreement for the performance of the duties mentioned above, retroactive to the date on which performance of these duties began and that I be made whole.

Finally you should file a classification grievance seeking a reclassification of your position. Classification grievances deal only with the classification decision, that is, the assignment of points to a statement of duties. It does not deal with the contents of the statement of duties. After filing this grievance with the employer, it should be held in abeyance until the outcome of the statement of duties grievance is known. If the statement of duties changes, then a new classification decision will be made which will be subject of this grievance.

If a classification decision is issued you have twenty five (25) days to file a grievance against that decision. If the grievance is to be filed in the event of a statement of duties change and subsequent classification decision, this (3rd) classification grievance will protect the right to have the change in classification made retroactive to the date of the filing of the grievance.

Grievance #3 - Classification

I grieve the classification of my position.

Corrective Action:

That my position be reclassified upwards and that I be made whole.
For your classification grievance you will need to forward to the responsible Local Union Representative the following:

  • A copy of the job description signed by the employer
  • The point rating for the position
  • The organization chart showing the position in question
  • A copy of the grievance form complete address and phone numbers
  • any other document relevant to the classification issue
Avoiding the Pitfalls for Treasury Board Employees

Generally there two major barriers to succeeding with these grievances:
    "Tainted" grievance wording
Pay is adjudicable, classification is not. You should NOT use the word “classification” in your acting pay or statement of duties grievances, if you do there is a very serious risk that an adjudicator will decline jurisdiction on the grounds that to accept jurisdiction would be to interfere with the off-limits subject of classification. The Public Service Labour Relations Act protects classification decisions as a management right which is not subject to the scrutiny of a third party. Similarly, if “appointment” to the higher classification at an earlier date is requested, the adjudicator will decline jurisdiction on the grounds that pursuant to the Public Service Employment Act only the Public Service Commission has the power to appoint.

No retroactivity beyond twenty five (25) days prior to filing the grievance

As already mentioned there is little hope for success in retroactivity for more than twenty five (25) days preceding the grievance and particularly if the effective date of reclassification is grieved after the unsatisfactory effective date is decided unilaterally by the employer. This only emphasizes the importance of the grievance on acting pay.
Grievance #4 - Termination

I grieve the letter of termination of employment dated (Insert Date) signed by ( Insert Name of the Employer Representative and Job Title). Consultation is requested with my Labour Relations Officer on this grievance at the final level of the grievance procedure.

Corrective Action: 

I request that the above-noted letter be immediately withdrawn, all copies destroyed in my presence, reinstatement without loss of pay and benefits and that I be made whole.

Grievance #5 - Suspension

I grieve the letter of suspension dated (Insert Date) signed by (Insert Name of Employer Representative and Job Title). Consultation is requested on this grievance with my PSAC Representative.

Corrective Action:

I request that the above-noted letter be immediately withdrawn, all copies destroyed in my presence, reinstatement without loss of pay and benefits and that I be made whole.

Grievance #6 - Entitlements

I grieve that the organization has violated the (Name of the National Joint Council (NJC) Directive to be inserted here such as the Isolated Posts and Government Housing Directive or Travel Directive). On (Date to be Inserted Here) I was advised by (Insert Name of Management Representative Here) that (Insert the Reason for the Filing of the Grievance Here). As a result,I have been denied entitlements to which I am entitled based on the proper interpretation and application of Section (s) and all related sections (Name Them Here) of this NJC Directive.) Consultation is requested on this grievance.

Corrective Action:

I request that the organization pay me all of my entitlements under the (Name the NJC Directive Here) and that I be made whole.
NOTE:
A Local Union Representative has to sign this grievance to approve its presentation as an alleged violation of the collective agreement between the PSAC and Treasury Board. All NJC-endorsed Directives form part of the collective agreements between the PSAC and Treasury Board.

Grievance #7 - Performance Review

I grieve the contents of my employee performance review (also known as an employee appraisal) dated (Insert Date Here) signed by (Insert Name of Employer Representative here) for the (Beginning Date) and (End Date) review period. Consultation is requested on this grievance with my PSAC Representative.

Corrective Action:

I request that the above-noted employee performance review and all copies be withdrawn and destroyed in my presence and that I be made whole.

Optional:

I request that a different employee performance review document be completed for the above-noted review period which more accurately explains my actual job performance which was at least Fully Satisfactory for this review period.

Note: Instead of filing a grievance to challenge an employee performance review (employee appraisal), a member may decide instead to prepare his/her own employee performance review for the period in question and ask to have it placed on his/her employee appraisal file. This way those who consult the appraisal file can form their own opinion as to the actual job performance for the review period in question. If this course of action is chosen, the member should follow-up to ensure their document is actually placed on their appraisal file.

Grievance #8 - Harassment

I grieve that I have not been provided with a harassment-free work environment as is required by both my collective agreement and the employer’s policies. My allegations in support of this grievance will be provided after I have had an opportunity to consult with my PSAC representative. Consultation is requested on this grievance with my PSAC Representative.

Corrective Action:

I request that appropriate action be taken and that I be immediately provided with a harassment-free work environment, and that I be made whole.

Grievance #9 - Duty to Accommodate

I grieve that the employer is discriminating against me contrary to the (appropriate article) of the collective agreement as well as any and all other related or applicable articles, acts and policies.

Corrective Action:

That my employer respect my collective agreement in its entirety.

That my employer cease discriminating against me immediately and provide me with the requested accommodation up to undue hardship.

That I be made whole.

Grievance #10 - Workforce Adjustment

I grieve that (department name) and the Public Service Commission have violated Appendix "D", Work Force Adjustment, of the Program and Administration (Table 1) collective agreement in that I have not been placed in an indeterminate position acceptable to me. The letter from (department name) dated (date) placed my employment security in jeopardy. Consultation is requested on this grievance with my PSAC representative.

Corrective Action:

I request that my career aspirations be respected and that I be immediately offered an equivalent indeterminate position acceptable to me, with retraining if necessary, either with (current department) or another department. I request that my Employer fully complies with Appendix "D", Work Force Adjustment, of the Program and Administration (Table 1) collective agreement and respects all of my rights and privileges under this and any related articles of my collective agreement. I also request that I be made whole and not suffer any loss of pay or benefits.

 

 

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