TO: Executive Council
Alternate Regional Vice Presidents
RE: Non-disciplinary Terminations and Demotions
With the creation of the Canada Revenue Agency (CRA) in 1999, employees of the Agency no longer had access to the adjudication process established pursuant to the Public Service Labour Relations Act for grievances challenging non-disciplinary terminations and demotions. This included terminations and demotions related to incompetence, incapacity and abandonment of position. For these types of grievances, the Agency established a one step grievance procedure at the final level, followed by Independent Third Part Review (ITPR), if the employee was unsatisfied with the final level grievance reply.
Subsection 209(3) of the Public Service Labour Relations Act (PSLRA), however, allows for separate agencies to seek designation for these types of grievances to be heard at adjudication. As of May 29, 2015, the CRA received such a designation and accordingly, as of that date, members may now pursue grievances against non-disciplinary terminations and/or demotions directly to the final level of the grievance procedure, followed by adjudication before the Public Service Labour Relations and Employment Board, if they are unsatisfied with the final level grievance reply.
The Union of Taxation Employees has advocated in favour of returning to this practice since it was first changed with the creation of the CRA and we feel that the adjudication process established pursuant to the provisions of the PSLRA is a more effective and procedurally fair process than the ITPR process.
Non-disciplinary termination or demotion grievances filed before May 29, 2015 will be heard under the former process (final level grievance, followed by ITPR). Grievances filed on or after May 29, 2015 will be dealt with under the new process (final level grievance, followed by adjudication).
Should you have any questions, please feel free to contact the undersigned.
D. Shane O’Brien
Senior Labour Relations Officer