MODULE II - Classes of Grievances

Now that we have learned about the rights and obligations prescribed under the law surrounding the grievance procedure, we will examine how the law applies to specific types of grievances. Before we discuss these classes of grievances, however, we must fully understand what a grievance is and be able to distinguish between a complaint and a grievance.

COMPLAINT: An expression of any problem which relates to one's terms or conditions of employment, but which does not relate to a subject for which another administrative procedure for redress is provided by law.

GRIEVANCE: A written complaint.

The complaint process, if approached properly, can quite often be the most expeditious means of resolving problems in that it provides the member and/or the union an opportunity to discuss a member's problem with management in a less than formal atmosphere in an attempt to resolve the problem before presenting a formal grievance. In addition, it allows the manager the opportunity to correct the problem outside of the formal grievance procedure. By discussing the member's problem and the possible remedies in this somewhat informal process, it allows for a more flexible position on the part of both the member and the manager and may quite often lead to an acceptable solution for both parties.

Throughout this complaint process, however, the steward must remain ever aware of the 25-day time limit for filing a grievance and if it appears that the complaint will not be resolved within the prescribed time limits, the steward should ensure that a formal grievance is presented or that notice is given and agreement obtained under clause 18.01 to hold the grievance in abeyance pending informal discussions.

Quite often, as well a problem may not be remedied during the complaint stage due to the inflexible position of the manager or the member or due to the fact that the manager may not have the authority to grant the required corrective action. In those cases, a grievance will also have to be presented by the employee within the prescribed time limits.

If the complaint process is unsuccessful for any reason, it becomes extremely important for you to determine whether the member has a legitimate grievance and if so, what type of grievance should be filed. This is usually the part where the member needs the most advice and guidance, as there are several types of grievances, involving different procedures, different levels and different time limits.

Therefore, let us now examine these different types of grievances and determine how the procedure applies to each type.

Until the proclamation of the Federal Public Sector Labour Relations Act, there were basically six classes of grievances. Two new classes of grievances have now been introduced as well through this legislation, the Group Grievance and the Policy Grievance. The first type, which we will study, is what is commonly referred to as Staff Relations Grievances.

Staff Relations Grievances

This type of grievances is the most common type of grievance. It does not involve discipline or discharge. It does not relate to the application or interpretation of the collective agreement or an arbitral award. It does not relate to the classification of one's position and it does not involve the CRA’s Mobility, Occupational Safety and Health or Bilingual Bonus policies (what were once the NJC Policies). Frequently, you will find that theses grievances will include problems concerning Agency policies and procedures, work reviews and performance reviews, management decisions not restricted by the collective agreement, job descriptions and personality conflicts with supervisors. This list is not intended to be all inclusive, but does represent the vast majority of subjects which will result in the presentation of a Staff Relations Grievance.

The major difference between this class of grievance and a collective agreement grievance or a discharge/suspension grievance is that it cannot be referred to Adjudication.

Time Limits

In order to present a Staff Relations Grievance, the grievor has 25 working days in order to submit the grievance from the date on which he/she was notified orally or in writing or on which he/she became aware of the action or circumstances giving rise to the grievance.

If the grievor is not satisfied with the settlement or decision rendered by the employer with respect to his/her grievance, he/she may transmit the grievance to successive levels of the grievance procedure.

In order to transmit a grievance to the next level, the grievance transmittal form must be presented within 10 working days after a written grievance rely is received. If no reply is received from the employer within 15 working days, the grievance must be transmitted within the next 10 working days. At the final level of the grievance procedure, the employer has 30 working days in which to respond. The Final Level Reply for these grievances is binding, however, because as was stated earlier, this type of grievance is not adjudicable. Time limits may be extended as long as it is by mutual agreement between the grievor, the employer and where applicable, the union.

In addition, grievance levels may also be waived by mutual agreement or the grievor may elect to waive either Level 2 or Level 3 by virtue of clause 18.08 of the Program Delivery and Administration Services Agreement.

If an agreement is reached to extend time limits or waive levels, a short memorandum of agreement should be drafted and signed by the grievor, the manager and where applicable, the union. In addition, if the grievor elects to waive Level 2 or Level 3, the file should be notated accordingly.

From time to time, when talking of grievance time limits, we have referred to working days. "WORKING DAYS" are defined under clause 18.02 which states:

18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.

Collective Agreement/Arbitral Award Grievances

These grievances are also a common class of grievance. These grievances result from an alleged misinterpretation or misapplication of a collective agreement or an arbitral award.

The major difference between this class of grievance and the Staff Relations Grievance is that these grievances are indeed Adjudicable. In other words, the employer's final level decision is not binding and in fact, the matter may be referred to an officer or tribunal of an independent third party, the Federal Public Sector Labour Relations and Employment Board. With respect to these grievances, however, the Alliance must approve the referral to adjudication and must agree to represent the grievor at adjudication.

Time Limits and Grievance Levels

The time limits for presentation and transmission of these grievances are the same as the time limits for the Staff Relations Grievances. In addition, there are also four (4) levels in the process for theses grievances as well as the forum of adjudication. Furthermore, these grievances are subject to the same conditions for extension of time limits and for the waiving of levels.

Disciplinary Grievances

There are two types of disciplinary grievances; the first being discipline resulting in a suspension or financial penalty and the second being discipline without a suspension or financial penalty. It is very important to be able to distinguish between these two types of disciplinary grievances as the first type is adjudicable while the second is not.

Clause 18.21 of the Program Delivery and Administration Services Agreement reads as follows:

18.21 Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with respect to:

a) the interpretation or application, in respect of him or her, of a provision of this Agreement or a related arbitral award,

b) disciplinary action resulting in termination of employment pursuant to paragraph 51(1)(f) of the Canada Revenue Agency Act, suspension or financial penalty, and the employee's grievance has not been dealt with to his or her satisfaction, he or she may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

As a result, grievances against disciplinary penalties such as oral reprimands, written reprimands and counseling sessions cannot be referred to adjudication. However, grievances relating to disciplinary actions such as suspensions without pay and the levying of financial penalties without suspension are adjudicable.

In addition, while a grievance against the collective agreement or an arbitral award requires the approval of the Alliance in order to refer it to adjudication, the same does not hold true for a grievance against a disciplinary action resulting in financial penalty. For such grievances, an employee may refer the grievance directly to adjudication. We do not recommend this approach, however, if an employee is seeking Alliance representation, as it is the normal practice of the Alliance to refer all disciplinary grievances to Adjudication.

Time Limits and Grievance Levels

The time limits for disciplinary grievances are the same as for the other types of grievances that we have previously dealt with. That is, an employee has 25 working days in order to present the grievance and has 10 working days in order to transmit the grievance from the date the reply was received or 10 working days to transmit if no reply was received within 15 working days. In addition, there are four levels in the process for these grievances and as we discussed, the process of adjudication for discipline resulting in financial penalty. As well, these grievances are subject to the same conditions for extension of time limits and the waiving of levels as the other classes of grievances with which we have already dealt.

Termination of Employment and Demotion Grievances

Clause 18.17 of the Collective Agreement reads:

18.17 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 51(1)(f) or (g) of the Canada Revenue Agency Act, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented at the final level only.

In effect, what this clause tells us is that for grievances against termination of employment and demotion, there is only one level in the grievance process; i.e., the final level. Grievances of this nature are to be referred directly and expeditiously to the National Office as these grievances are the responsibility of the Union of Taxation Employees at the National Office level.

In addition, clause 18.21 of the Collective Agreement reads:

18.21 Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with respect to:

(a) the interpretation or application, in respect of him or her, of a provision of this Agreement or a related arbitral award,

(b) disciplinary action resulting in termination of employment pursuant to paragraph 51(1)(f) of the Canada Revenue Agency Act, suspension or financial penalty, and the employee’s grievance has not been dealt with to his or her satisfaction, he or she may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

Paragraph 209(1)(d) of the Federal Public Sector Labour Relations Act (FPSLRA) reads:

209 (1) An employee who is not a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to
[…]

(d) in the case of an employee of a separate agency designated under subsection (3), demotion or termination for any reason that does not relate to a breach of discipline or misconduct.

Clause 18.21 of the Collective Agreement and paragraph 209(1)(d) of the FPSLRA tell us that grievances pertaining to disciplinary and non-disciplinary terminations and demotions can be referred to adjudication.

As with Disciplinary grievances, a grievor may refer a grievance concerning his/her disciplinary or non-disciplinary termination or demotion directly to adjudication without going through the Alliance; but again, we recommend against this approach as it is the normal policy of the Alliance to refer these types of grievance to Adjudication.

Time Limits and Grievance Levels

Again, for these types of grievances, an employee has 25 working days in order to present a grievance against his/her termination of employment or demotion. As was stated earlier, this grievance is referred immediately to the Final Level where the Agency has 30 working days in order to reply. The Final Level in this process cannot be waived or eliminated. In fact, for all classes of grievances, the grievance must always be heard at the Final Level by virtue of the Federal Public Sector Labour Relations Regulations and consequently, the Final Level can never be waived or eliminated. Time limits may be extended, however, by mutual agreement between the employer, the grievor and where applicable, the union.

The Canada Revenue Agency’s (CRA) Staffing Program states that initial full and part time employment contracts are subject to a twelve (12) month probationary period.

During the probationary period, the employee’s performance and actions will be scrutinized by the CRA.

Rejection on probation is the final measure taken by CRA to terminate an employee’s employment, and should only be utilized after all other measures have been exhausted and have failed.

In the recent decision of Lavoie v. Canada Revenue Agency, 2011 PSLRB 91, Adjudicator Steven B. Katkin concluded at paragraph forty (40) that the employee, Ms. Jocelyne Lavoie, had the right to file a grievance against her rejection on probation.

The decision of Lundin v. Canada Customs and Revenue Agency, 2004 PSSRB 167 previously established that an employee can file a grievance against the rejection on probation if the employee can demonstrate that she / he was rejected on probation for reasons other than performance.

Once the CRA is able to establish a lack of performance, the decision of Lundin allows for the rejection on probation. Consequently, the Federal Public Sector Labour and Employment Board will refuse to hear the merits of the grievance.

Furthermore, the recent decision of Tello v. Deputy Head (Correctional Service of Canada) 2010 PSLRB 134 expands on the employer’s right to reject on probation.

Adjudicator Ian R. Mackenzie wrote in part at paragraph one hundred twelve (112), “The deputy head no longer has the burden of proving a legitimate employment-related reason for the termination of employment, apart from providing the letter of termination which sets out the reason for its decision.”

Therefore, the employee may have the right to file a grievance against the rejection on probation but the employee must still demonstrate that the employer acted in bad faith.

The decision of Tello provides more latitude to the employer when considering/ implementing a rejection on probation.

The burden of proof to establish bad faith rests with the employee.

Classification Grievances

As the Federal Public Sector Labour Relations Act does not allow for the classification of positions to be the subject of bargaining in the federal public service, no mention of the classification process is contained in the collective agreements. As a result, classification is the sole unfettered right of the employer. The FPSLR Regulations, however, allow for employees to file grievances with respect to the classification of their positions.

The classification grievance procedure is a one-step procedure. The grievance is filed with the member's immediate supervisor or local officer-in-charge who will transmit it directly to the Agency's head office (Final Level). In preparing the grievance, the following notation should be included in the "Details of Grievance" area: "I grieve the classification of my position". In addition, the steward must immediately refer the grievance to the UTE National Office who will forward it to the Alliance's Classification Section for review. When sending the grievance to the UTE National Office for re-routing to the PSAC, the grievance file should include at least the following items:

the grievance presentation form;
a signed copy of the current job description with the point rating for the position;
an approved organizational chart showing the relativity of the position to others in the organization; and
a narrative summary of the significant aspects of the job and the member's rationale for filing the grievance.

Upon receipt of this information, the Alliance's Classification Section will review the classification of the position and advise the member of his/her chances of success. If the PSAC recommends that the grievance should be pursued, a PSAC Classification Officer will represent the grievor before the Employer's Classification Review Board. Should the PSAC recommend, however, that the grievance not be pursued, the grievor may elect to withdraw the grievance or to proceed on his/her own without Alliance representation. The latter is not recommended, however, as the Alliance's Classification Officers are specialists in the area of classification and a grievor may find his/her position being classified downwards should the Classification Review Board decide that the position was erroneously classified at the current level.

Furthermore, the decision of the Classification Review Board is final and binding and a member may not again challenge the classification until such time as the duties of the position change significantly.

One of the most common occurrences in the Classification Grievance Procedure is when an employee grieves the Classification of his/her position
because he/she feels that he/she is completing additional duties which are not contained in his/her job description. In this case, before presenting a classification grievance, the employee must first ensure that his/her job description is complete and accurate. Thus, the employee should take the following steps before presenting the classification grievance:

Obtain a copy of the most current job description and compare it to the duties actually being performed.
Prepare a list of the duties being performed which are not contained in the job description.
Prepare a memorandum to his/her immediate supervisor advising that the job description is not complete and accurate and request that the job description be rewritten to accurately reflect the duties being performed. Provide the list of additional duties as an attachment with the memorandum.
If the Employer responds that he/she is not required to perform those additional duties, he/she should cease performing those duties immediately.
If the Employer responds that the duties are already included in the job description or that he/she is required to perform the duties listed, but refuses to provide a complete and accurate job description including the duties identified, the member should file a job description grievance immediately stating that the job description does not accurately reflect the duties being performed and asking that a new job description be completed to include the additional duties identified and that the job description be properly point rated and classified.
Upon receipt of the finalized job description, submit the classification grievance.

Unlike the other types of grievances which we have examined, the employer has 60 days rather than 30 days to respond to a Classification Grievance. As was stated earlier, there is only one step to this procedure and thus, levels cannot be waived. Time limits can be and usually are extended due to the heavy volume of classification grievances in the system. Finally, as we have already discussed, the employer's decision is final and binding and consequently, we cannot refer this type of grievance to adjudication.

Work Description Grievances

A work description grievance is a written complaint by an employee disputing the content of the statement of duties (work description) assigned by Agency management, which is presently being performed, or disputing the date of the assignment of the duties outlined in the work description. In some situations, work description grievances can involve both job content and effective date issues for the same period of time under question.

CRA Policies Grievances

The next class of grievances which we will examine is the procedure for grievances against the misapplication or misinterpretation of what were formerly the National Joint Council Directives and are now referred to as the CRA Policies. More specifically, these policies relate to Mobility, Occupational Safety and Health and Bilingual Bonus and include the following:

Bilingualism Bonus Policy
Commuting Assistance Policy
Foreign Service Directives
Boiler and Pressure Vessels Policy
Occupational Health and Safety Committee Representatives Policy
Hazardous Substances Policy
Electrical Policy
Elevated Work Structures Policy
Elevating Devices Policy
First-Aid Safety and Health Policy
Hazardous Confined Spaces Policy
Material Handling Policy
Motor Vehicle Operations Policy
Noise Control and Hearing Conservation Policy
Personal Protective Equipment and Clothing Policy
Pesticides Policy
Refusal to Work Policy
Sanitation Policy
Tools and Machinery Policy
Use and Occupancy of Buildings Policy
Isolated Posts Policy
Living Accommodation Charges Policy
Relocation Policy
Travel Policy
Uniforms Policy

An employee who feels that he/she has been treated unjustly or is aggrieved by the interpretation or application of these policies procedures may present a grievance in accordance with the following:

Procedures for Handling Grievances –Labour Relations

11. Appendix A - Grievance process for grievances presented on certain CRA policies

11.1 Application
11.1.1 This process applies to CRA employees who are members of the PSAC or PIPSC bargaining units.
11.1.2 An employee, who has the approval of and is represented by their union at each level of this process, may file a grievance.
11.1.3 Only grievances related to the policies listed under paragraph c) of the Memoranda of Understanding (MOU) signed with PSAC on March 22, 2002, and with PIPSC on July 22, 2002, may be reviewed under this grievance process.
11.1.4 This grievance process ensures that employees are treated as per the intent of the CRA policies listed under paragraph c) of the MOU.

11.2 Time limits
11.2.1 The grievance must be presented to the first level no later than the twenty-fifth (25th) day after the date on which the employee is notified verbally or in writing, or on which the employee first becomes aware of the action or circumstances giving rise to the grievance.
Time limits for responding to a grievance are:

10 days at the first level;
20 days at the second level; and
30 days at the third level.

11.2.3 In determining the time limit for providing a grievance reply, the grievance is deemed to have been presented on the day the union representative makes representation at that level. The time limits specified are exclusive of Saturdays, Sundays, and designated paid holidays.
11.2.4 An employee who is not satisfied with the grievance reply at any level, and who has the approval of their union representative, can transmit the grievance to the next level of the grievance process within ten (10) days after receiving the grievance reply or, within ten (10) days after the date by which the authorized level was required to reply, if no reply was received.
11.2.5 Time limits can be extended by mutual agreement between the union representative and the management representative, as identified under 11.3 of this Appendix.
11.2.6 Where the grievance is not transmitted to the next higher level within the stipulated time limits, it will be considered to have been abandoned.

11.3 Process
11.3.1 Management representatives are those authorized to respond to grievances under this process. They must follow the steps identified in sections 5.2 to 5.4 of these procedures.
11.3.2 The union may consult with the management representative with respect to a grievance at each level of this grievance process.
11.3.3 The management representative provides the union representative with a copy of the decision at each level of the grievance process at the same time that the decision is provided to the employee.
11.3.4 An employee can withdraw a grievance by written notice to their immediate supervisor, or union representative.

First level
11.3.5 Subject to paragraph 11.1 above, the employee must submit their Grievance Presentation Form to their immediate supervisor or management representative.
11.3.6 The immediate supervisor or management representative who receives a grievance must follow the activities identified in section 5.1 of these procedures.
11.3.7 The first level of management authorized to deal with a grievance under this process is identified in the Designation of levels in the grievance process – Y191.
11.3.8 Where the nature of the grievance is such that a decision cannot be given at the first level of the grievance process, the grievance is transmitted directly to the second level by mutual written consent of the parties.

Second level
11.3.9 Subject to paragraph 11.1 above, the employee must submit their grievance Transmittal Form to their immediate supervisor who in turn will forward the grievance to the following management representative:
Director General of Workplace Relations and Compensation Directorate
Human Resources Branch
395 Terminal Avenue
Ottawa (ON)
K1A 0L5

Third level
11.3.10 Subject to paragraph 11.1 above, the employee must submit the grievance Transmittal Form to their immediate supervisor who will then forward the grievance to the Director General of Workplace Relations and Compensation Directorate (WRCD). The Director General of WRCD is responsible for bringing the grievance to the attention of the Review Committee, which is the third level within this process.
11.3.11 The Review Committee consists of an equal number of union and management representatives as follows:

a Chairperson for management and two management representatives;
and
a Chairperson for the union and two union representatives.

11.3.12 Permanent members include the Chairpersons and one representative each from management and union. The third member for management and the union would be chosen at the discretion of the parties.
11.3.13 The Chairperson for the employer chairs meetings and ensures that the Review Committee remains within the scope of its agenda.
11.3.14 The Chairpersons can select an alternate member to serve as replacement if any of the representatives are unable to perform their duties as members of the committee. Only members or alternate members attend the meeting and are recognized as the official representatives of their organization.
11.3.15 An additional person can be invited by either party as an observer, technical or special advisor, or subject-matter expert provided that the parties are in agreement in advance of the meeting. Invited guests can speak only to the agenda items for which they have been invited to attend the meeting. Invited guests also will not remain in attendance during the review of grievances unrelated to the purpose for which they are attending the meeting.
11.3.16 A Human Resources Branch representative acts as the Secretary during the meeting of the Review Committee.
11.3.17 The Chairperson for the employer ensures that the decision (grievance reply) is provided in writing to the employee within the prescribed time limits following the review of the grievance.
11.3.18 In the event that the majority of members of the Review Committee cannot agree on a decision, thereby creating an impasse, the Chairperson for the union may refer the grievance to the Independent Third Party Review (ITPR) process.

11.4 Independent Third Party Review (ITPR) process
The process for submitting and processing a grievance for an ITPR is found in Appendix B of these procedures.

11.5 Costs
11.5.1 To minimize travel related costs, the meetings of the Review Committee and ITPR hearings take place in Ottawa or in any other place by mutual agreement of the Review Committee Chairpersons.
11.5.2 Each party is responsible for transportation, accommodation and other expenses of its representatives.
11.5.3 Costs related to the ITPR process, including the hearing itself, is divided equally between the CRA and the union. Anticipated costs are pre-authorized, as much as possible, by both parties.
11.5.4 The unions reimburse the CRA for their respective share of the costs within thirty (30) days of the receipt of the invoice from CRA.

11.6 Amendment
A review of this process can take place at any time by mutual agreement of the parties.

12. Appendix B – Independent Third Party Review (ITPR) process for grievances on certain CRA policies

12.1 Application
Appendix B applies to grievances presented on certain CRA policies listed under paragraph c) of the Memoranda of Understanding (MOU). Grievances related to certain CRA policies can only be referred to ITPR when the Review Committee has reached an impasse at the third level of the grievance process as set out in Appendix A of these procedures.

12.2 Agreement
Reproduced below is the agreement reached between the Public Service Alliance of Canada, the Professional Institute of the Public Service of Canada and the Canada Revenue Agency in September 2003, on the process to be followed for an ITPR.
In order to preserve the original agreement, no changes have been made. It is important to note that the CCRA is now the CRA and the Office of Dispute Management (ODM) is now the National Informal Conflict Resolution Program Office (NICRPO).

Guidelines for submitting and processing a grievance on CCRA policies for an independent third party review (Mobility, OSH and Bilingual Bonus Policies)

Purpose
To describe and establish procedural guidelines for the ITPR process.
Application
These guidelines apply to grievances presented on CCRA policies listed in
Appendix "A" of the document entitled Procedures for dealing with grievances presented on CCRA policies.
Definition
The parties to these proceedings are the Union chairperson (or representative) and the CCRA chairperson (or representative) of the Review Committee.

Guidelines
Request for ITPR

The time limits specified in the guidelines are exclusive of Saturdays, Sundays and designated paid holidays. Time limits may be extended by mutual written agreement between the parties.
No grievance shall be referred to ITPR until all procedures for presentation of a grievance up to and including the third level (Review Committee) have been complied with.
The Union chairperson will notify the Office of Dispute Management in writing, with a copy to the CCRA chairperson, of an ITPR request within ten (10) days from the date of the decision rendered by the Review Committee in which it was recorded that an impasse has been reached.

A request for ITPR should include the following information:

grievance form
the name and telephone number of the party's representative
language of choice
the relevant policy

Referral to reviewer
The ODM informs the parties of the name of the Reviewer. To minimize travel related costs, the ITPR process will take place in Ottawa or at any other place by mutual agreement of the Review Committee chairpersons.
The criteria for the selection of a reviewer from the roster include:

geographical location
knowledge of the working language
availability / accessibility
"next in line" approach

The ODM will seek to assign similar grievances to one reviewer to be processed at the same time.

Initiating the process
After being assigned a case, the Reviewer will be required to contact the parties, together, within seven (7) days to:

describe his/her role, and to clarify expectations
clarify the nature of the case
discuss and establish the review process, e.g. a paper review with teleconference, or an in-person presentation
reinforce the requirements of the Privacy Act
provide an opportunity for the representatives from each party to respond or ask questions about the other party's case and for the Reviewer to clarify matters of interest
discuss the next steps

The Reviewer will confirm to the ODM that the ITPR process has been initiated.

The review process
The Reviewer will:

review the grievance and reason for impasse
provide parties with opportunity to present their respective positions and to submit relevant documentation
have the option of addressing or requesting a response from any person directly involved with the review
request, or allow the parties to request, internal and/or external subject-matter experts to provide assistance in the review. The party making the request will notified the other party and the Reviewer of its intention to call such subject matter expert and will share in advance the information that it wishes to present
give expression to the principles of procedural fairness (i.e. the right to be heard, etc.)
ensure people with disabilities are reasonably accommodated and that the language of choice of the complainant is respected
review all documents the parties may wish to submit

Reaching a decision
The Reviewer will:

reach a decision based on the information provided
decide on the application of the policy being grieved in respect of the grievance only
render a decision the effect of which would not require the amendments of the CCRA policies listed in Appendix "A" or the CCRA-PSAC/PIPSC collective agreements, or give entitlements that are outside the provisions of these policies or award damages
comply with the laws and policies governing the Agency and its employees
issue a final and binding written decision, including rationale, within ten (10) days after the final exchange of information between the parties and the Reviewer. The Reviewer will forward the decision to the ODM, preferably in electronic format, and to the parties and follow-up with signed hard copy. The written decision shall include the following: the name(s) and work location of the grievor(s), the nature of issue, the decision taken and corrective measures, the rationale for the decision, and a brief description of the process used

Termination of review
The Union chairperson will have the option of withdrawing an ITPR request at any time during the process before the reviewer decides the outcome of the grievance. This must be done in writing to the reviewer, the ODM and the Employer. If this option is exercised, the Union chairperson cannot submit another request for ITPR with respect to the same grievance.
A review can also be terminated at any stage during the review process where the parties reach a settlement or the Employer allows the grievance.
The cost related to the ITPR process shall be divided equally between the CCRA and the Union where the review is terminated as a result of any of the actions described above.
The ODM will appoint immediately a new reviewer where a conflict of interest, or any other condition, that could adversely impact the impartiality of the reviewer exists.

Post-review
The appropriate level of management is responsible for taking corrective measures in accordance with decisions taken by the Reviewer (refer to the Agency instrument for sub-delegation).
Where a decision requires any action by or on the part of an employee and/or the Union, such action will be taken.
The ODM will monitor the use of the ITPR process including the implementation of corrective measures.
The Policy Review Committee may examine and inquire into any complaint made to it that a person has failed to give effect to the ITPR decision and take appropriate action to encourage compliance with the decision.
The ODM may wish to make decisions available to various stakeholders on request. The name of the employee(s) and other identifiers such as the work location will be removed when communicating the decision.

ITPR Coordinator

The ITPR Coordinator may wish to make decisions available to various stakeholders on request. The name of the employee(s) and other identifiers such as the work location will be removed when communicating the decision.

Group Grievance and Policy Grievance

With the proclamation of the Public Service Labour Relations Act on April 1, 2005, two new types of grievances were created – the group grievance and
the policy grievance. Section 215 of the FPSLRA allows the bargaining agent to present a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application of a collective agreement or an arbitral award. In order to file such a grievance, however, the bargaining agent must first obtain the consent of employees and complete form 19.

It should be noted, however, that it is only the PSAC who may authorize the filing of such a group grievance. The group grievance process can consist of no more than three levels. While the FPSLRA prescribes different time limits, the collective agreement states that the bargaining agent has 25 working days to present a group grievance at the first level, along with Form 19. At the 1st and 2nd level of the grievance procedure, the employer normally has 15 working days to respond and the bargaining agent may transmit a group grievance to successive levels no later than 10 working days after a reply is received or no later than 10 working days after 20 working days have passed. At the final level, the employer has 30 working days to respond.

Section 220 of the FPSLRA allows the bargaining agent or the employer to file a policy grievance in respect of the interpretation or application of the collective agreement as it relates to either of the parties or to the bargaining unit generally. The policy grievance procedure consists of only one level (at the Headquarters level) and again, only the PSAC may file a policy grievance.

Again, while the FPSLRA prescribes different time limits, the collective agreement states that a party filing a policy grievance has 25 working days to file the grievance after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance. The employer/bargaining agent has 20 working days to respond to the grievance.

Both group grievances and policy grievances may be referred to adjudication, but any such referrals must be made, along with the appropriate forms, within 40 working days of having received the final level reply or within 40 working days upon the expiry of the 20 working day period for reply.

Now that we have studied the various classes of grievances, in the next module, we will briefly examine the areas of jurisdiction for each level of the grievance procedure for these specific classes of grievances.