MODULE V - Organization and Transmission of the Grievance File

In the earlier modules, we discussed the different classes of grievances, the different levels of the various grievance procedures, the areas of jurisdiction and the transmission of grievances. During these discussions, we learned that grievances must be presented and transmitted within prescribed time frames and that consultation must be held within these time frames unless an extension of time limits has been agreed upon.

While some grievances are settled at the complaint stage or at the first level of the grievance procedure, this is unfortunately not true of the majority of grievances. Where a grievance has not been resolved to the satisfaction of the grievor at the first level, the grievance is usually transmitted to successive levels of the grievance procedure until the matter has been satisfactorily resolved or until all levels have been exhausted. As the grievor may be represented at the various levels by up to five different representatives of the bargaining agent, it is of the utmost importance that the grievance file be well documented and well organized.

Grievance files that are incomplete, poorly organized or in a state of disarray create delays in presenting the grievance, delay justice for the grievor and decrease the chances of success within the grievance procedure. In addition, in some cases these delays may create undue hardship for the grievor especially in cases where loss of income or employment are involved.

Thus, it is very important that the representative at each level of the grievance procedure ensures that the file is maintained in an orderly manner to minimize potential problems and delays.

The following is a suggested method of organizing the grievance file in order to ensure consistency at all levels and maximize the potential benefits:

Each grievance and its related documentation should be maintained in file folders with the folders notated with the grievor's name, the grievance number and the nature of the grievance.
CONTENTS
We suggest that the contents of the file be attached by ACCO fasteners.

2(1) LEFT SIDE OF THE FILE FOLDER
On the inside left side of the file folder, the following documents/information should be attached:
1. THE GRIEVANCE PRESENTATION FORM (Handout 5.1)
  The grievance presentation form should be fully completed. Many grievance presentation forms received are illegible; therefore, we strongly recommend that all information entered on the form be completed electronically. The completed form should contain at least the following information:
  1. grievor's full name;
  2. grievor's full address (including postal code);
  3. grievor's work and home telephone numbers;
  4. the grievor's classification (group and level);
  5. grievor's work section;
  6. grievor's work location.
2. TRANSMITTAL FORMS (Handout 5.2)
  All grievance transmittal forms should be fully completed. (This information is required when completing the forms when referring a grievance to adjudication as the forms require that we enter the dates that the grievance was presented at the first and final levels).
3. AUTHORIZATION FORM (Handout 5.3)
  Should there be a need, the grievor can complete an Authorization form authorizing a UTE union representative or Labour Relations Officer or representatives from the PSAC to represent him/her on his/her grievance and obtain documents on his/her behalf.
4. WAIVERS (Handouts 5.4 and 5.5)
  When a grievor elects to waive level two or three by virtue of Clause 18.08, or when any other levels have been waived by mutual agreement by virtue of Clause 18.16, a statement signed by the grievor, the grievor's representative and the employer's representative should be attached.
5. EXTENSION OF TIME LIMITS (Handout 5.6)
  Where the time limits for presentation or reply have been extended by virtue of Clause 18.03 of the collective agreement, a statement to that effect signed by the grievor, the grievor's representative and the employer's representative should be attached.
6. REPLIES
  The employer's reply to each level of the grievance procedure should be attached with the most current reply on top.

2(2) RIGHT SIDE OF THE FILE FOLDER
On the inside right side of the file folder, the following documents/information should be attached:

TABLE OF CONTENTS (Handout 5.7)
The table of contents enumerates the documentary evidence and presentation that will be attached to the right side. It is not necessary to include in the table of contents the documents contained on the left side of the file.
To enable each union representative to add to the table of contents, the documents should be listed in chronological order with the oldest source document listed first. When the documents are organized in the file, however, the documents should be placed in the file with the oldest document on the bottom and the most recent source document on top. This too enables the grievor's representative at successive levels to add documentary evidence without having to reassemble the grievance file each time information is received. The table of contents should identify the following:

i)        the nature of the document;
ii)       the author
iii)      the addressee
iv)      the object
v)      the date

ACTIVITY FORM (Handout 5.8)
List of events wherein the “date”, “action” and “document” order are recorded in a chronological order.
GRIEVOR’S STATEMENT (Handout 5.9)
The following information should be included in this brief:

i)       grievor's full name;
ii)       grievor's job title;
iii)      representative's names and work and home phone numbers;
iv)      facts pertinent to the grievance;
v)      arguments advanced by the grievor and/or grievor's representative;
vi)      pertinent documentary evidence (quote policies, procedures, articles, legislation, etc.)
vii)     witnesses' names, addresses, phone numbers and relationship, if any, to the grievor (i.e. co-worker, doctor, etc.);
viii)    witnesses' statements if any;
ix)      grievor's statement (Handout 5.9); and
x)      employer's position.
Often, the employer's reply does not reflect his initial position.

EVIDENCE
Evidence referred to in the brief should be included in the file. This documentary evidence could be:

i)        written statements;
ii)       related correspondence;
iii)      policies;
iv)      written procedures;
v)      copies of claims, receipts, etc.; or
vi)      any other relevant documents.
(This documentary evidence should also be attached in chronological order with the most current documentation on top.)

3. GROUP GRIEVANCES

The following procedure should also be followed for organizing group grievances:

Where the Agency has assigned one grievance number for the group grievance(s), a list of grievors in strict alphabetical order should be attached to the grievance presentation form and to the right side of the file.
Where the Agency has assigned individual grievance numbers, a list of grievors in numerical order should be attached to the right side of the file.

4. TIMELY REFERRAL OF GRIEVANCES

When transmitting a grievance to each successive level, the following should be strictly adhered to:

The file should be organized as described in number 2 above.
The file should be photocopied in the event that the file is lost while routing or should the grievor's representative at the various levels require information concerning a specific document or need to refer to a specific document.
The original file should be immediately referred to the representative at the next level by hand, mail or courier with a dated covering letter.

5. GENERAL

Copies of this proposed procedure should be provided to representatives responsible for grievance representation at all levels of the grievance procedures.