RE :  Classification Grievance Process on Conversion to ACS-SP Group

Please find enclosed for your information and for the information of your members, a Memorandum of Understanding (MOU) between UTE and CRA with respect to the above-noted subject.  We trust that you will find the MOU to be self-explanatory.

You will note that there are some critical and inflexible dates set out in the MOU and to this extent, we will need the cooperation of all Locals in order to meet our obligations and properly address the concerns of our members.

In reviewing the terms of the MOU, you will note that UTE has agreed to provide to the employer a final submission of all concerns related to classification raised by members by no later than March 3, 2008.  In order to meet this deadline, we ask that your Local Stewards and Executive canvass your members and solicit from these members any written submissions that they may have by no later than January 11, 2008.  We ask that upon receipt of these written submissions, you sort them by job number and Division/Branch, if possible, and to forward all submissions to Linda Cassidy, Labour Relations Officer, at the UTE National Office by no later than January 18, 2008.

Please be cautioned that it is possible that late submissions will not form part of our final presentation to the employer and thus, may place your members in a disadvantageous position.

Once again, we thank you in advance for your assistance in this matter.  However, should you have any questions or require any further clarification, please feel free to contact Linda Cassidy or Kent MacDonald at (613) 235-6704.

In Solidarity,
Shane O’Brien
Shane O’Brien,
Senior Labour Relations Officer.

Encl.

CLASSIFICATION GRIEVANCE PROCESS
CONVERSION TO ACS-SP GROUP

Memorandum of Understanding
Between

CANADA REVENUE AGENCY (CRA) AND
UNION OF TAXATION EMPLOYEES (UTE) AND
THE PUBLIC SERVICE ALLIANCE OF CANADA (PSAC)

In the matter concerning the anticipated submission of classification grievances by employees occupying CRA jobs within the Service and Programs Group, as a result of conversion effective November 1, 2007,

The parties agree to establish the following processes:

1. In the interest of providing sufficient time to resolve outstanding issues through informal discussions, the period within which classification grievances may be presented on each job will be extended to start on July 01, 2008, and end on August 06, 2008. 

I. Informal Process

2. The Employer agrees to provide UTE with the following:
   • copies of the SP rationales for each job
   • copies of the organizational chart relating to the jobs for which issues have been raised

   If UTE requires additional relevant information, during the Informal Process, the Employer will endeavour to provide it on a timely basis (eg. anomalous information, clarification on local\regional reporting structures, specific functional models, copies of procedural documentation, etc.).
    

3. UTE will notify the Corporate Organization and Classification Division (COCD) of the jobs for which issues have been received before sending the actual concerns, where practicable.
    
4. UTE will provide its members’ concerns to the CRA by no later than March 3, 2008. For each job, concerns will be gathered by the UTE, issues will be analyzed, evaluated, grouped, filtered and presented to the Assistant Director, Redress Section, COCD, for review and response.
    
5. COCD will analyze, evaluate, assess merit of concerns and provide a response to the UTE, on the employees’ concerns, by no later than June 30, 2008.
    
6. Notwithstanding number 1, 4 and 5 above, should the volume of classification concerns exceed the expectations of the parties, the parties agree to reopen this MOU for the sole purpose of renegotiating timeframes for the collection and response to employee concerns.

II. Grievance Process

Should classification grievances be filed, the parties agree that:

7. UTE\PSAC will present an individual grievance relating to the classification of a particular job. The grievance will be submitted with the name of one individual on behalf of all individual incumbents of a particular job. The grievance will be deemed to have been presented on behalf of all incumbents of that particular job and any remedies shall be granted by the CRA as if the individual incumbents of each job had filed an individual grievance at conversion.

8. At the end of the grievance-filing period, UTE\PSAC and CRA will meaningfully consult in order to establish reasonable timeframes for the presentation and response to all classification grievances.

9. The response to the classification grievances, including those for excluded positions, will be submitted directly to UTE\PSAC.  The Employer will provide written notice to all incumbents accordingly.

10. Statement of duties grievances will not be accepted at conversion unless new duties in the job have been assigned.

11. No new classification grievances against the legacy standards will be accepted as of the date of conversion.

12. Related acting pay grievances will not be necessary as incumbents and former incumbents would be paid retroactive to the date of conversion should the position be reclassified.

13. This MOU does not affect any job content, classification and/or related acting pay grievances filed under the legacy standard which were not triggered by the consolidation or conversion.

14. This MOU does not limit the right of the Employer and the Union to jointly set aside this MOU should special circumstances arise, at which time an addendum to this MOU will be prepared.

15. This MOU is without prejudice to the position the parties may take in other files and creates no precedent.

16. Nothing in this MOU will prejudice or otherwise limit an individual’s right to file a classification grievance on their own behalf and at their own expense.

17. This MOU will expire at the time that all substantive issues contained within have been addressed.