Staffing Committee

MOU - Job Content, Classification and Acting Pay Grievance Process

January 2007

CONSOLIDATION – INTRODUCTION OF SHORT FORMAT WORK DESCRIPTION
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 job content and acting pay grievances by certain employees occupying jobs under the Program Delivery and Administrative Services within the CRA, as a result of the consolidation of work descriptions and the issuance of a short format work description effective the earlier of the date of distribution or January 31, 2007 (“the consolidation”),

The parties agree to establish the following processes:

1.   In the interest of providing sufficient time to resolve outstanding issues through informal discussions, the twenty-five (25) working day period within which job content grievances may be presented on each work description will be extended to start on October 1, 2007, and end on November 6, 2007. 

I. Informal Process

2.   Union of Taxation Employees (UTE) will provide its members’ concerns to the CRA by no later than May 1, 2007. For each work description (National, Regional or HQ), concerns will be gathered by the UTE, issues will be analyzed, evaluated, grouped, filtered and presented to the Assistant Director, Redress Section, Corporate Organization and Classification Division (COCD), for referral to the appropriate functional authority.

3.  UTE will notify COCD of the jobs for which issues have been received before sending the actual concerns, where practicable.

4.  COCD will consult functions to analyze, evaluate, assess merit of concerns and provide a response to the UTE, on the employees’ concerns, by no later than September 30, 2007.

II. Grievance Process

Should job content grievances be filed, the parties agree that:

5.   UTE will present an individual grievance relating to the statement of duties of a particular work description directly at final level. 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 work description and any remedies shall be granted by the CRA as if the individual incumbents of each job had filed an individual grievance at consolidation.

6.   The grievance will be transmitted at final level, forwarded to the Assistant Director, Redress Section, COCD, who in turn will forward it to the appropriate functional authority.

7.   At the end of the grievance-filing period, UTE will have 90 calendar days to make final level representation for all statement of duties grievances.

8.   Following the final level representation, CRA will have 90 calendar days to respond to the statement of duties grievances.

9.   The final level response to the statement of duties grievances will be submitted directly to UTE, which will be deemed to have been communicated and distributed to all incumbents of a particular work description.

10. Classification and acting pay grievances will not be accepted at consolidation. Classification and related acting pay grievances will be accepted at the time of the implementation of SP group conversion.  This Memorandum of Understanding does not affect any acting pay and job content grievances filed under the legacy standard which are not triggered by the consolidation.

11. Should the job content grievance be resolved at final level, the outcome of the grievance will be communicated to all employees on the same work description. The resulting work description will be deemed to be a complete and accurate statement of duties and the work description grievance file will be closed.

12. This MOU does not preclude the bargaining agent from pursuing the work description grievance at adjudication.  Should the job content grievance not be resolved at final level and be referred to adjudication, the parties agree that no mediation will be undertaken except where mutually agreed by COCD and the National Office of the UTE. The adjudication will only pertain to the outstanding issues not resolved at final level.

13. 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.

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

Original signed by

 

 

 

_____________________

_____________________

Betty Bannon
President
Union of Taxation Employees

Darrell Mahoney
Director General
Employment Programs Directorate
Human Resources Branch
Canada Revenue Agency

 

Date: __________________

 

Date: __________________

 

 

_____________________

_____________________

Jacquie deAguayo
Coordinator
Representation Section
Public Service Alliance of Canada

Judith Farley
Director
Corporate Organization and Classification Division
Human Resources Branch
Canada Revenue Agency

Date: __________________

 

Date: __________________

 

 

 

_____________________

 

Suzanne Miner
Acting Assistant Director
Redress Section
Corporate Organization and Classification Division
Human Resources Branch
Canada Revenue Agency

 

 

Date: __________________