Bulletin 07/04

March 12, 2004
TO: : Executive Council
Alternate Regional Vice-Presidents
Local Presidents
Labour Relations Officers

RE : MG - Memorandum of Understanding


Attached is a Memorandum of Understanding for the handling of grievance files for job description and related grievances for the MG group.

This MOU applies to MG grievances filed following the 2002 conversion and to grievances filed afterwards under the same process. It will help us handle files consistently at the final level of the grievance and arbitration procedure.

If you have any questions, do not hesitate to contact the undersigned at (613) 235-6704.

In Solidarity

Lyson Paquette, B.B.A.
Labour Relations Officer

encl.
/nsta


MEMORANDUM OF UNDERSTANDING
Between

CANADA CUSTOMS AND REVENUE AGENCY (CCRA),
UNION OF TAXATION EMPLOYEES (UTE) AND
PUBLIC SERVICE ALLIANCE OF CANADA (PSAC)

In the matter concerning the submission of additional job content and related acting pay grievances by the same grievors on the same MG jobs, for the same time period and with the same effective date of March 31, 2002, within the CCRA as a result of the conversion to the MG occupational group,

The parties agree to establish the following processes for the MG job content and related acting pay grievances:

  1. 2nd and subsequent MG Grievances - Work Description
    1. In the interest of attempting to reduce the administrative work, the parties agree to combine MG grievances filed by the same grievor.
    2. Job content and related acting pay grievances will be transmitted to the immediate supervisor or local officer in charge and will then be transmitted directly to the final level.
    3. The outcome of the first grievance applies to 2nd and subsequent grievances filed by the same grievor and the employer will not be required to reply to the additional grievances.
    4. All arguments and information related to the 2nd and subsequent grievances will be considered as being one and argued as one at the Public Service Staff Relations Board (PSSRB) or Federal Court (see section – Adjudication - Work Description).
       
  2. Adjudication – Work Description
    In a case where the Union refers a particular work description grievance to the PSSRB or the Federal Court, the parties agree to the following:
    1. Only one (1) job content grievance per work description, selected by the Union, will be referred to the PSSRB or Federal Court.
    2. Should job content grievances involve multiple grievors’ concerns, these concerns will be combined and processed as one case.
    3. All other grievances related to that work description will be held in abeyance pending the outcome of the adjudication process.
    4. The PSSRB or Federal Court decision or mediated settlement will apply to all grievors included in a given process.
  3. Acting pay grievances
    1. The parties agree to hold the related acting pay grievances in abeyance at the final level. The acting pay grievances will be processed once the job content and classification grievances have been resolved.
       
  4. 1st Time grievances
    1. The grievances filed by an employee on the “revised/combined” work description will be held in abeyance at the final level pending the result of the other grievances covered under sections I, II and III.
       
  5. Limitations
    1. This MOU does not limit the rights of the Union to select cases with exceptional circumstances and present them throughout the grievance process up to and including adjudication.
    2. This MOU does not limit the rights of the Employer and the Union to jointly set aside this MOU should special circumstances arise.
    3. This MOU does not limit the rights of the employee to grieve at any point, the content of their work description under the collective agreement.
    4. This MOU is without prejudice to the position the parties may take in other files and creates no precedent.
For the employer For the Union
Original signed by Original signed by
Mitch Yakovishin Gaby Lévesque
Acting Assistant Director
Classification Redress, CCRA
Coordinator
Representation Section, PSAC
 
  Original signed by
Betty Bannon
National President, UTE
 
Date: _March 3, 2004_ Date: _March 3, 2004_