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Q & As ON GRIEVANCES
July 5, 2006
What is a grievance?
A grievance is a formal written complaint, filed in accordance with the Collective Agreement, against any action or decision, or lack thereof, taken by management.
Are there different types of grievances?
The Public Service Labour Relations Act (PSLRA) provides for three different types of grievances.
- Individual - When an employee feels aggrieved by, for example, the interpretation or application of a collective agreement, or as a result of an occurrence or matter affecting his or her terms and conditions of employment, that employee is entitled to present an individual grievance.
- Group - This is a new type of grievance. When a number of employees in the same department or agency believe that their collective agreement has not been administered correctly, they can ask their bargaining agent to file a group grievance on their behalf.
- Policy - The PSLRA also allows either the bargaining agent or the employer to file a "policy grievance." A policy grievance must relate to an alleged violation of the collective agreement that affects the employees generally.
Do I need to involve ACFO in my grievance?
Grievances that relate to a contravention of the collective agreement are known as Collective Agreement Grievances. ACFO must approve all collective agreement grievances by signing the grievance form.
ACFO decides whether to advance to grievance, to send it to adjudication and/or to submit it for judicial review based on the interests of all the members of the Association.
ACFO adheres to the duty of fair representation in exercising this authority and, accordingly, acts in the best interests of the membership in good faith, non-arbitrarily and without discrimination.
Grievances that do not relate to the collective agreement are known as Staff Relations Grievances and they can be filed and advanced without the approval of ACFO. ACFO may choose to represent or assist a member with staff relations grievances and members are encouraged to call ACFO Labour Relations prior to filing any grievance.
What grievances can be referred to the PSLRB?
The Public Service Labour Relations Act (PSLRA) provides for the possibility to refer grievances to adjudication before the Public Service Labour Relations Board, for determination by an independent third party.
In the case of an individual grievance, if at the end of the departmental or agency internal grievance procedure the grievance has not been resolved to the employee's satisfaction, the employee may refer the grievance to adjudication before the Board if the grievance relates to:
(a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award; or
(b) a disciplinary action resulting in termination, demotion, suspension or financial penalty; or
(c) in the case of an employee of the core public administration, (i) demotion or termination for unsatisfactory performance or for any other reason that does not relate to a breach of discipline or misconduct, or (ii) deployment under the Public Service Employment Act without the employee's consent where consent is required; or
(d) in the case of an employee of a separate federal government agency listed in Schedule V of the Financial Administration Act that is designated by order for that purpose, a demotion or termination for any reason that does not relate to a breach of discipline or misconduct.
Group and policy grievances may also be referred to adjudication, as they relate to the application or interpretation of a collective agreement or an arbitral award.
Staff Relations grievances, such as a classification grievance, can not be referred to adjudication.
What is ICMS and should I participate in the program?
The Employer must provide an Informal Conflict Management System. ICMS is an array of alternative dispute resolution mechanisms such as mediation and facilitated discussion. Each department has a unique ICMS system developed in consultation with bargaining agents.
ACFO highly recommends the use of ICMS. Over the past two years ACFO has been able to resolve the majority of workplace conflicts through informal means. The key to any ICMS program is that participation is voluntary and the parties, not an independent third party, resolve the conflict.
Where can I find out more about the grievance process?
The grievance process is subject to numerous procedural rules, including strict time limitations, which are set out in the collective agreement, legislation and policy.
If you believe you have grounds for a grievance or if you have any questions or concerns, please call a Labour Relations Officer at the ACFO National Head Office at 613-728-0695 for assistance and guidance.
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