Membership Services
How To File a Grievance

A number of members have asked how to go about filing a grievance, and what are the steps once the grievance has been filed.

Before You File A Grievance
Each department has its own grievance procedure, what follows is the details of the CIC and DFAIT procedures. However, we would encourage all employees who believe that they have a complaint involving an action or inaction taken by the employer, to try and resolve the issue with the employer representatives before resorting to the grievance procedure, always bearing in mind the time lines to file a grievance. The time lines for filing a grievance are found in Article 8 Grievance Procedure in your collective agreement and we have not reproduced them in our description of how to file a grievance or the grievance steps or levels. All employees are entitled to their own copy of the FS collective agreement and if you don’t have one you should request one from the employer.

How to File a Grievance
1. The first step if you have been unable to resolve the issue with the employer, is to request a grievance presentation form and a grievance transmittal form from personnel if you are in Ottawa or from the Administrative officer if you are at post.

2. Completing the form:
There are 4 Sections identified on the form. Section 1 deals with the particulars of the employee (Section 1A), the details of the grievance (Section 1B) and the corrective action requested (Section 1C). When you complete Section 1B which is the details of the grievance, the information should be limited to what made you grieve. For example, on (insert date), I was required to act in, (describe the position). I acted in that position for _____ days. I requested and was denied acting pay. I believe this to be a violation of my collective agreement and in particular Article 42 - clause 42.08. When you compete Section 1C you should describe what it is you want. Following the above example it would be to be paid acting pay at the level (i.e. the classification level of the position you filled) for the time you spent in the position.

Section 2 of the Grievance Presentation Form is to be completed by PAFSO if the grievance concerns the interpretation or application of any provision of the collective agreement, which would include grievances concerning the Foreign Service Directives but not discipline. If PAFSO is not prepared to support this type of grievance it would provide its reasons to the employee. Normally this would only occur when, the grievance is not supported by a reasonable interpretation of the language used in the collective agreement or the grievance is not supported by the intent, if the intent is known or the issue was already the subject matter of a grievance which went to adjudication and we lost. In other words PAFSO cannot arbitrarily decide that it will not support your grievance.

This section is normally completed after the grievance has been received by Staff Relations in Ottawa, who forward the Grievance Forms to PAFSO for their signature.

Section 3
This part of the form would only be competed if the grievance did not concern the interpretation or application of the collective agreement e.g. discipline and the employee wanted someone other than PAFSO to represent them in the grievance process. An employee who names a Representative other than PAFSO would be fully responsible for engaging and compensating that Representative for his/her services, including disbursements.

Section 4
This Section is to be completed by your immediate supervisor. Once it is signed you are given a copy of the completed form. The supervisor is responsible for ensuring that the Grievance Presentation form is directed to the appropriate person in management that has been assigned to deal with the grievance.

Note: A grievance is not invalid just because it has not been presented using the Grievance Presentation Form. If there are no forms available, you can submit your grievance in writing. The letter would provide the same kind of information that has been described above.

Duty of Fair Representation
Changes were made to the PSSRA around 1993-4 that provides protection to employees who are members of unions and staff associations, with regards to Union Representation. Basically it requires that the union not act in a manner that is arbitrary discriminatory or in bad faith see Section 10(2) PSSRA.

The Grievance Transmittal Form
This form is completed when you are transmitting the grievance to a level in the process other than level 1 (i.e. the first level).

For DFAIT employees [because there is only one level in the grievance process for Rotational Foreign Service officers - which is the Final level (ADM Human Resources)] employees should compete this form at the same time they complete the Grievance Presentation Form. For CIC employees (which have a 3 step grievance process) you would need to compete this form to move the grievance to the 2nd and 3rd level in the process always bearing in mind the time limits in the collective agreement to do so. PAFSO is also required to complete the 2nd Section on this form. As in the Grievance Presentation Form we would be sent this form for completion normally by the Employer once it has been received by the appropriate management person.

Grievance Procedure

CIC

Employees at Headquarters
Step 1 - Director
Step 2 - DG International Region
Step 3 - ADM

Employees at Missions
Step 1 - Head of Mission
Step 2 - DG International Region
Step 3 - ADM

DFAIT

1 level ADM Human Resources

The following Sections of the Public Service Staff Relations Act - that concern Employee Rights and Prohibitions are reproduced below for the information of all concerned.

BASIC RIGHTS AND PROHIBITIONS

Rights

Right of membership in employee organization

6. Every employee may be a member of an employee organization and may participate in the lawful activities of the employee organization of which the employee is a member.

R.S., c. P-35, s. 6.

Right of employer

7. Nothing in this Act shall be construed to affect the right or authority of the employer to determine the organization of the Public Service and to assign duties to and classify positions therein.

R.S., c. P-35, s. 7.

Prohibitions

Employer participation in employee organization

8. (1) No person who occupies a managerial or confidential position, whether or not the person is acting on behalf of the employer, shall participate in or interfere with the formation or administration of an employee organization or the representation of employees by such an organization.

Discrimination against members and intimidation

(2) Subject to subsection (3), no person shall

(a) refuse to employ, to continue to employ, or otherwise discriminate against any person in regard to employment or to any term or condition of employment, because the person is a member of an employee organization or was or is exercising any right under this Act;

(b) impose any condition on an appointment or in a contract of employment, or propose the imposition of any condition on an appointment or in a contract of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Act; or

(c) seek by intimidation, threat of dismissal or any other kind of threat, by the imposition of a pecuniary or any other penalty or by any other means to compel an employee

(i) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be a member of an employee organization, or

(ii) to refrain from exercising any other right under this Act.

Exception

(3) No person shall be deemed to have contravened subsection (2) by reason of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position.

R.S., 1985, c. P-35, s. 8; 1992, c. 54, s. 34(E).

Discrimination against employee organization

9. (1) Except in accordance with this Act or any regulation, collective agreement or arbitral award, no person who occupies a managerial or confidential position, whether or not the person acts on behalf of the employer, shall discriminate against an employee organization.

Saving provision

(2) Nothing in subsection (1) shall be construed to prevent a person who occupies a managerial or confidential position from receiving representations from, or holding discussions with, the representatives of any employee organization.

R.S., 1985, c. P-35, s. 9; 1992, c. 54, s. 35(E).

Soliciting membership during working hours

10. (1) Except with the consent of the employer, no officer or representative of an employee organization shall attempt, on the premises of the employer during the working hours of an employee, to persuade the employee to become, refrain from becoming, continue to be or cease to be a member of an employee organization.

Fair representation

(2) No employee organization, or officer or representative of an employee organization, that is the bargaining agent for a bargaining unit shall act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any employee in the unit.

R.S., 1985, c. P-35, s. 10; 1992, c. 54, s. 36.

If you have any concerns about this process after reading this notice please contact the PAFSO office. (613)241-1391.