HARASSMENT, BULLYING, VIOLENCE IN THE WORKPLACE, and HUMAN RIGHTS ISSUES and COMPLAINTS: please contact your Local Representative or UNDE Union Services Officers (USOs).
Individual grievances are filed by individual employees. These grievances can address issues related to the collective agreement, discipline and human rights, as well as other matters affecting the individual employee concerned.
Depending on the subject of the grievance, individual grievances can also be referred to an independent third party (an adjudicator or an arbitrator) for a binding decision once the internal grievance process has been exhausted.
For example in matters related to Treasury Board employees, Labour Legislation such as the Public Service Labour Relations Act (PSLRA) and specifically Section 209 of the PSLRA, and collective agreements, set out which subjects of a grievance can be brought before an adjudicator or an arbitrator. The decision to refer a grievance to adjudication/arbitration rests with the Public Service Alliance of Canada (PSAC).
The Public Service Labour Relations Act (PSLRA) allows UNDE members employed by Treasury Board the right to file group grievances, formerly referred to as “et al” grievances.
Group grievances are filed by a “group of employees” rather than by an individual employee. Grievances of this type are used in situations where a group of employees in the same workplace or department face the same problem. The problem must relate to the interpretation or application of the collective agreement. To proceed with a group grievance, the union must obtain the consent of each of the employees concerned.
Three (3) forms are required, the grievance form, a consent to be represented form, and a signature form that must be signed by all employees that are party to the grievance.
Depending on the subject of the grievance, group grievances can be referred to an independent third party (an adjudicator or an arbitrator) for a binding decision. The decision to refer a group grievance to adjudication/arbitration rests with the Public Service Alliance of Canada (PSAC).
Applicable to DND employees only.
Members must remember that they cannot file a classification grievance to address staff relations issues such as work description content and/or the effective date. These issues should normally be resolved before the work description is sent for a classification review.
Classification grievances are a one-level process, submitted on an individual grievance forms and are filed to object to a classification decision. Classification grievances are filed at the Local level and should immediately be transmitted to UNDE National Office. Classification grievances are only represented at the national level by the UNDE USO Classifications.
To file a classification grievance, there must have been a classification decision rendered on the position. UNDE encourages written confirmation of the classification decision whenever possible, for example an EPAR, letter or an email. IF the notification has been received verbally, a follow up email from the employee [member] to the employer representative to confirm the verbal notification is strongly encouraged.
For more information and assistance on classification grievances, members should contact their Local or the Union Services Officer responsible for classification grievances.
Both the employer and the union can file a policy grievance. A policy grievance must relate to an interpretation or application of the collective agreement and typically have, but not limited to, a national impact. Only the President of the Public Service Alliance of Canada (PSAC) can file and sign a policy grievance on behalf of the union.
If a member(s) or a Local feels that they have an issue that may warrant filing a policy grievance, they should contact their Local President or their Union Services Officer at the UNDE National Office. The matter in dispute should be submitted in writing to the President UNDE for furtherance to the Public Service Alliance of Canada (PSAC).
It is important to observe the timelines for the filing of a policy grievance as much work is required by numerous levels within the union structure to ensure timely submissions.
NATIONAL JONT COUNCIL GRIEVANCE (NJC)
The National Joint Council is a consultative body established in 1944 to promote the efficiency of the public service and to conduct consultation with the various bargaining agents. The NJC consults on the development and implementation of public service-wide policies. It is a joint union-management body that performs its function through an Administrative Committee as well as various working committees.
NJC Grievances pertain to a contravention of a NJC Directive. The Directives are listed in the collective agreement: PA (Table 1) Article 7; SV (Table 2) Article 7; TC (Table 3) Article 7; and EB (Table 5) Article 36.
NJC Grievances should be submitted on an Individual Grievance form.
Locals should ensure that a signed but “undated” 3rd level NJC transmittal form is included in the package that is sent to UNDE National office for future use by the Union Services Officer.
PUBLIC SERVICE STAFFING TRIBUNAL COMPLAINTS (PSST)
NOT A GRIEVANCE PROCESS
Applicable to DND employees only.
NO action is required at the Local - refer the member to national office.