Union Notes

UNION NOTES
Meeting of February 16-17, 2012
with CRA

The Committee met the employer to discuss various issues. The employer representatives were:

• Bonnie Lehman, Human Resources Corporate Project Consultant
• Paula Warnholtz, Assistant Director of Labour Relations Policy
• Claudine Gélineau, A/Senior Labour Relations Advisor

Explanation of our position on the filing of harassment grievances

As per the resolution adopted at the June 2011 Executive Council and the letter sent to the employer on October 2011, the Union presented its position on the filing of grievances in harassment situations.

The employer explained that their priority is to have a quick and fair resolution of any harassment situation complaints or grievances.  They felt that our position could be detrimental to our members as the grievances may create additional delay. 

We explained that it was important for the Union to be part of the process and the filing of grievances will protect that right.

The Union pointed out that the employer’s form to be completed when a harassment complaint/grievance is filed does not include a section where the employee can fill in if he/she is represented and by whom i.e. union representative, etc.

We also discussed the filing of complaints and grievances simultaneously and the filing of the grievance after the employer’s decision is rendered.  The Union expressed its concerns that waiting after the employer’s decision to file a grievance may be prejudicial to the member.  In fact, the grievance may be untimely, this situation happened in the past.  Also, if the grievance is not filed at the same time of the complaint, the granting of corrective actions, that may be available under the PSLRA, may not be possible to obtain within the Agency harassment complaint process.

The employer will consider our comments and respond.

Moreover, the parties understand that in some cases the incident may not be harassment i.e. performance appraisal, and that working together may help to resolve situation early in the process.

Review of the latest amendments to the CRA Preventing and Resolving Harassment Policy

CRA has adopted changes to the CRA Preventing and Resolving Harassment Policy.  The changes have not yet been communicated officially. However, the amended Policy is on the Info-Zone.  The changes are related to the delegation of authority.  The Union feels that these changes are positive as it will provide a consistent approach across Canada.

Following are the changes:

“7. Responsibilities and accountabilities

The Delegated managers and their delegatesare responsible for the application of this policy and the related guidelines.
[...]
10. Definitions
[...]
Delegated manager is an ML1 manager. After a complaint is received, the ML1 manager may delegate authority to deal with the complaint to the ML2 level. The commissioner has the authority to address cases where the complaint involves an ML1 manager or the complaint comes from the commissioner’s office. “

Training of facilitators for the Harassment Awareness Sessions (update from the Employer)

The employer does not have the information.  Nevertheless, they will be looking to see if it is possible to provide it to the Union.

The Union informed the employer that UTE has compiled some data and if workable will compare and share the information with the employer.

Awareness Sessions given across Canada following the implementation of the Policy of 2009 and revised training

The employer informed us that 10,000 employees have filed the evaluation form after the Awareness sessions.

The Union was pleased with the result.  However, the Union reiterates its position that the Awareness Session of Preventing Harassment should be mandatory.

General observations on CRA Statistics - Annual Report on Harassment Complaints

The Union asked the employer if it would be possible to have a break down for the UTE membership.

The employer will get back to us.

We have also made some suggestions to be added to the annual statistical information:

• Investigation (internal or external investigators)
• If the employee was represented by  UTE, PIPSC, others

Presentation of the CRA Preventing and Resolving Harassment Policy at a Presidents’ Conference, tentatively September 2012

We have invited the employer to come to the September 2012, Presidents’ Conference. 
Discussion in progress.

                       
CRA ’s selection process of investigators for harassment complaint/grievance

The Union requested information on the selection process of investigators. 

The Union would like to participate in the selection.  Presently, this practice is done in some regions.  A consistent approach is important.  Moreover, the Union’s involvement will have a positive impact and will be in line with the principles of the Union Management Initiative.