MODULE III - Areas of Jurisdiction

MODULE III - Areas of Jurisdiction

In the last module, we studied the various classes of grievances and we learned that the grievance procedure and the number of levels differ among certain types of grievances.  In this module, we will look again at each class of grievances and discuss which level of the organization (i.e. Local, RVP, National Office or PSAC) is responsible for representation at the various levels of the grievances procedure.

Four Level Grievance Procedure

Staff Relations Grievances, Collective Agreement/Arbitral Award Grievances and Disciplinary Grievances are all four level grievance processes.  The first level of these grievance processes is the responsibility of the Local and representation is usually provided by the steward in the work area.  Consultation at this level is held with the management representative who has the delegated authority as the first step in the grievance procedure.  This is usually at the Manager or Assistant Director level.

The second level is also the jurisdiction of the Local and representation is normally provided by the worksite steward or the Chief/Senior Steward.  Consultation at this level is normally held with the Director.

Third level representation is provided by the Regional Vice-President in whose jurisdiction the Local lies and consultation is held with the Regional Assistant Commissioner.

The fourth or final level representation is the responsibility of the UTE National Office Labour Relations Officers.  At this level, consultation is held with the Agency Headquarters Staff Relations Officers or with the Assistant Commissioner, Human Resources Branch.

Finally, where a grievance may be referred to adjudication, the PSAC Grievance and Adjudication Section represents the grievor before the Federa; Public Sector Labour Relations and Employment Board if the PSAC authorizes the referral of the grievance to adjudication.

Three Level Grievance Procedure

The CRA Policies Grievance Procedure is a three level grievance process.  Representation at the first level is the responsibility of the Local and is usually provided by the Steward or Chief/Senior Steward before the Departmental local manager authorized as the first step in either of these procedures.

The second level of these procedures is the responsibility of the UTE National Office.  Representation at this level is provided by the UTE Labour Relations Officers and consultation is held with the Director General, Staff Relations and Compensation.  The third level of these procedures is the responsibility once again of the UTE Labour Relations Officer in the UTE National Office who presents these grievances before the Joint Review Committee.

The PSAC Grievance and Representation Section is responsible for presenting grievances before an Independent Third Party Reviewer.

One Level Grievance Procedure

The Classification Grievance Procedure, the Work Description Grievance Procedure, and the Termination of Employment and Demotion Grievance Procedure are one level grievance processes.  In all instances, grievances are presented directly at the Final Level.  While the steward is responsible for assisting the grievor in the preparation of the Grievance Presentation Form, no consultation is held locally.  Instead, after presenting the grievance to the grievor's immediate supervisor, the steward must ensure that the grievance form and the related documents are forwarded immediately to the UTE National Office.

For Termination of Employment and Demotion grievances, representation at the Final Level is the responsibility of the UTE National Office Labour Relations Officers and consultation at this level is held with the Agency Headquarters Staff Relations Officer or the Assistant Commissioner, Human Resources Branch.  Where the grievance is referred to adjudication, if the PSAC approves the referral of the grievance, it will provide representation through its Grievance and Adjudication Section.

With respect to Classification Grievances, the steward's role is to assist the grievor in the preparation of the grievance, ensuring that the grievance is presented to the grievor's immediate supervisor and to ensure that the grievance form and the related documents are forwarded immediately to the UTE National Office.  Upon receipt of this grievance information, the UTE Labour Relations Officer reviews the information to ensure that the file is complete and re-routes it to the PSAC Classification Section.  At that point, a Classification Officer will review the grievance file and recommend whether it should proceed or be withdrawn.  If the grievance is approved by the PSAC, the Alliance Classification Officer will provide the necessary representation before the Classification Review Board.

Work description grievances are open to adjudication by the Federal Public Sector Labour Relations and Employment Board (FPSLREB) and the Federal Courts.

A grievance will be denied if:

  • it is untimely (not submitted within the 25 working day time limit);
  • it is invalid (the employee was not occupying the position on a substantive or acting basis at the time the work description issue arose);
  • no clear written intent by the employee is submitted to a CRA authorized manager; or
  • it does not have the approval of and is not represented by the bargaining agent (represented employee).

The CRA encourages the timely resolution of grievances. In cases where reasonable time limits cannot be met, the CRA will seek written agreement from either the union representative or the employee (if excluded or unrepresented) to extend the time limit for response.

As discussed in the last module, the Group Grievance Procedure is a three level grievance process, with the access to adjudication for these classes of grievances.  The first level is the responsibility of the Local and consultation is with the manager who has delegated authority as the first step in the grievance procedure.

The second level is the responsibility of the RVP and consultation is held with the Regional Assistant Commissioner.  The final level is handled by the National Office Labour Relations Officer who consults with the Assistant Commissioner of the Human Resources Branch.  Where the grievance proceeds to adjudication, the PSAC provides representation.

As discussed as well, the Policy Grievance Procedure is a one-level process, followed by the right to adjudication.  Representation at the Final Level is the responsibility of the UTE National Office Labour Relations Officer and consultation at this level is held with the Agency’s Assistant Commissioner, Human Resources Branch.

Where the grievance is referred to adjudication, upon approval of the referral by the PSAC, representation is provided through its Grievance and Adjudication Section.

Now that we have examined the law concerning the grievance procedure, the various classes of grievances and the grievance levels and areas of jurisdiction, in the next module we will review the grievance presentation form and the transmittal form in order to ensure their proper completion.