Job Content Grievance - An Overview

All members are entitled to a complete and accurate statement of his or her duties. If any member believes that their existing pre-UCS work description is either incomplete or inaccurate, they are encouraged to contact the Association to receive advice on what they can do, both formally and informally, to redress the situation.

The first step you should take when you have concerns regarding your work description is to speak with your supervisor. If your job has evolved, or your duties have changed, your supervisor should, in most cases, have no problem agreeing with a review of your duties and, if warranted, approving changes to your work description. This cooperative process is ideal, as it promotes teamwork and a good working relationship between workers and management.

However, in the cases where, after informal discussions have proven fruitless, and there is still discord between the employee and their supervisor, he/she may file a Job Content Grievance.

A Job Content Grievance is a written complaint, which can ultimately be referred to adjudication. It must, under the provisions of the Public Service Staff Relations Act (PSSRA), be presented in accordance with the existing collective agreement, and with the approval of, and representation by, a certified bargaining agent. This type of grievance should not be confused with a Classification Grievance, which is initiated by an incumbent who feels he/she has been allocated to the wrong group and/or level. This type of grievance is not adjudicable.

The most important factor to consider in the Job Content Grievance procedure is the respect of Time Limits. The time limit to file a job content grievance is normally 25 calendar days after the day upon which the employee feels aggrieved by the application or interpretation of the documented Statement of Duties of his or her position.

In cases where the time limits are not sufficient, a request, in writing, for an extension is recommended. This will allow for additional time to attempt to redress the problem through an informal, non-confrontational approach. In most situations, The Association strongly endorses this approach. If you are unsure of your time limits, or which approach would best suit your particular situation, we encourage you to contact your Labour Relations representative.

In a job content grievance, there can be, depending on the size and nature of the department or agency, up to four (4) levels in the grievance procedure. There are two different forms that need to be filled out during this process; the first is the Grievance Presentation Form, which is the form that initiates your complaint. In addition, each time your grievance is transmitted to a higher level, you must fill out a Grievance Transmittal Form. These forms are available from your Human Resources office, and your Labour Relations agent can assist you in preparing your grievance form. Your grievance can be withdrawn, in writing, at any point during the process.

Before deciding on whether you wish to file a formal grievance, there are several factors you need to consider. The first is to gather all pertinent materials relating to your situation, such as your most recent WORK DESCRIPTION, any documents relating to requests you may have made for a revision of your duties, records of any discussions relating to your performance, including recent evaluations, and, most importantly, a clear written timeline or sequence of events outlining your situation.

Once you have gathered all these materials, contact your Labour Relations representative to arrange for a meeting to review the particulars. Your Labour Relations representative will explain the grievance process to you, and present you with your options, including informal and Alternate Dispute Resolution (ADR) vehicles such as Early Intervention. Your representative will advise you on the validity of your complaint, as it applies to the provisions set out in both the PSSRA and the current collective agreement.

The main thing to consider in the filing of any type of grievance is the redress. What do you, as a member, and we, as your certified bargaining agent, want as a resolution to your Job Content Grievance? If the grievance, through mutual consent between the member and the Association, goes to the final level and the desired result has not been reached, the grievance may then be referred to adjudication. It is important to note however, that depending on the viability of the case and upon consideration of all the pertinent factors, the decision to proceed to adjudication must be supported by the Association.

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