Bulletin 11/06

July 13, 2006

Executive Council
Alternate RVPs
Local Presidents

Re:     Observe and Attest Recourse

The Agency has taken the position that recourse against the Observe and Attest initiative consists only of Individual Feedback, followed by Decision Review.  In fact, 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. 

In closing, however, we do suggest that employees, in addition to filing grievances, should also avail of the Individual Feedback and Decision 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 the undersigned.

In Solidarity,

Shane O’Brien
Executive Assistant to the National President