Bulletin 09/08

April 29, 2008

TO :  

Executive Council
Alternate RVPs
Local Presidents

Re:      Observe and Attest Recourse

Previously, the Agency had taken the position that recourse against the Observe and Attest initiative consists only of Individual Feedback, followed by Decision Review, they have subsequently changed the recourse to Attestation Feedback and Attestation Review.  In addition they maintain that employees wishing to challenge their assessment in terms of Observe and Attest are precluded from filing grievances due to the prohibition in the Public Service Labour Relations Act (PSLRA) where it states that a grievance cannot be filed where there is another form of redress established in or under an Act of Parliament.

The Union of Taxation Employees (UTE) is diametrically opposed to the Agency’s position in this matter.  In fact, we strongly hold that employees wishing to challenge their assessment pursuant to observe and attest should file grievances.  UTE firmly believes that the prohibition contained in the PSLRA does not apply in this instance as recourse against Observe and Attest is not contemplated in the PSLRA.  Furthermore, the recourse provided by the Agency is not the same as redress, as contemplated by the legislators.  Finally, the Agency has insisted that Observe and Attest is not part of the Staffing Program and therefore, as it is not part of the Staffing Program,  it is our belief that employees have the right to file grievances against their assessments.  This is further illustrated by the fact that the Annex L, Directive on Recourse for Assessment and Staffing issued January 31, 2008 does not include Attestation Feedback and Attestation Review as recourse mechanisms.

In closing, however, we do suggest that employees, in addition to filing grievances, should also avail of the Attestation Feedback and Attestation Review processes provided by the Agency as both systems of recourse/redress may stand independently.

Should you have any questions or require further clarification, please feel free to contact any member of the Staffing Committee.

In Solidarity,

Sabri Khayat

Sabri Khayat
Chairperson of the Committee