Purpose of this guide
- This guide has been developed to help PAFSO members in raising their employment-related issues to a Labour Relations Advisor (LRA) and aims to establish a standard for how members’ concerns are processed.
- PAFSO’s services are available to all members of the FS Group in Canada’s federal public service, whether they are substantive or acting, including those on leave. We are not able to provide services to members of the EX Group, anyone who is unrepresented or represented by another Bargaining Agent, or to spouses or family members.
- Representation can sometimes be a complex matter. Every member has the right to seek help on matters related to their employment; to be treated with respect and integrity; to have their concern reviewed by our trained and qualified LRA team; to be reassured that no intervention will be made without their consent; and to expect confidentiality unless otherwise agreed.
- While every member has the right to seek advice on their workplace issues, representation will only be provided when appropriate. Therefore, it is important to understand the role of the LRA and the limitations imposed by the legislative framework.
- This guide only contains general information and should be read in conjunction with PAFSO’s Protocol on Representation. Its goal is to help you understand how to best manage your work-related issues and what steps to take before seeking PAFSO’s assistance or support on potential options for redress.
The role of the Labour Relations Advisor
- PAFSO’s LRA team performs a variety of roles, depending upon the nature of our members’ requests and goals. In a nutshell, the role of an LRA consists of providing information, advice, assistance, or representation to a member on all matters relating to labour relations, conditions of employment and other related matters in the federal public service.
- The key responsibilities of an LRA are to provide members with technical and strategic advice; recommendations; guidance; support; and representation on workplace matters, including informal redress, grievances, appeals, complaints, mediation and adjudication before the Employer, third party boards and administration tribunals (e.g. FPSLREB, PSST and CHRC). This type of work requires an LRA to conduct an assessment of the circumstances of the case before determining if PAFSO intervention is needed.
- If the nature of a member’s request falls outside of the scope of an LRA’s expertise or authority, the LRA may not be able to provide help, support or assistance. In addition, questions concerning a member’s rights or entitlements should be first directed to their immediate managers. Members are encouraged to get a decision from the proper authority before reaching out to PAFSO.
When to reach out to PAFSO
- Employment-related matters encompass the legal and practical aspects of the relationship between the employer and the employee. These include the terms and conditions of employment governed by the collective agreement, the relevant legislation, employment standards, and various policies or directives established by the employer. The balance between an employee’s rights and management’s discretion can be a delicate one. Management maintains the authority to make decisions based on the organization’s operational requirements. Therefore, it is crucial for you to first discuss your concerns with management before you reach out to PAFSO for assistance. It has been our experience that many issues can easily be resolved when an employee communicates directly with their manager or other authority figures in their department. Therefore, it is crucial for you to first discuss your concerns with management before you reach out to PAFSO for assistance.
- If, after directly communicating with your manager, you believe that your concerns have not been properly addressed, or if you are not satisfied with the outcome, you can then reach out to PAFSO’s LRA team for support, guidance, or representation.
Preparatory steps before contacting PAFSO
Taking the following steps will ensure that your interaction with PAFSO’s LRA team will be productive, focused, and efficient.
- Document the issue.
Gather all relevant information and evidence related to your concern. This includes emails, notes, and any other documentation that supports your case. - Review the collective agreement.
Understand the specific terms and conditions of your employment as outlined in the collective agreement, including the NJC’s Foreign Service Directives if your concern is related to an FSD matter. Consult the resources on our website for information related to common issues. - Attempt Resolution.
If possible, try to resolve the issue informally with your supervisor or with your HR department. Sometimes, a direct conversation can address the problem without requiring formal intervention. - Obtain a formal written decision from management.
In some cases, obtaining a formal decision from management is required before PAFSO can get involved. This is particularly true in disputes regarding the interpretation of the collective agreement. And, because these types of cases tend to be time sensitive, it is important to contact PAFSO as soon as management has rendered its decision. - Prepare your submission.
Clearly outline your concerns and what you hope to achieve by contacting our LRA team. Write a summary of the circumstances and list the important details about your case. This will help the LRA understand your situation and assess the merit of the case.
If there is a reason you are unable to take these steps, such as strong fear of retaliation, you can contact our office for advice on how to proceed.
How to get in touch with PAFSO
- Please be sure to communicate with PAFSO’s Secretariat in writing in order to ensure that your correspondence is tracked and monitored.
- When reaching out to us with a new concern, you can either send an email to our general inbox at info@pafso-apase.com, or you can use the “Get in touch” form on our website. Our team will determine which of our LRAs is best suited to your issue. Directly communicating to an LRA on an initial concern could lead to delays in response times.
- Once your initial contact is properly vetted, you will be placed in direct contact with the LRA assigned to your case.
What happens when you send an email to PAFSO?
Your initial email or form submission will first go through an internal triage process. The triage process consists of the six following steps:
- Aknowledgement of receipt.
Our office will contact you within two working days to confirm that your message has reached us.
- Confirmation of your membership status.
An initial verification in our database is conducted to determine your membership status. If you are not a member of the FS bargaining unit (e.g., if you are a former member, or are acting in another occupational group) you will be directed to the bargaining agent or departmental authority relevant to your status such as PSAC, PIPSC, UNE, or APEX. - Documentation.
Your concern will be documented. This includes your contact information, the details of the issue you raised, as well as any supporting evidence you have provided. - Triage and Categorization.
Your concern is then triaged based on both its urgency and its complexity. It will be categorized based on the nature of the issue, such as grievances, workplace disputes, collective agreement or policy violations, etc. - Assignment.
It is then assigned to one of our LRAs based on their subject matter expertise, their availability, and their current workload.
- Confirmation.
Finally, your initial email is acknowledged, and your assigned LRA will be confirmed within two business days.
What happens when the assigned LRA
receives your email?
Below are the steps of the structured process that begins once a PAFSO LRA receives your concern.
- Review of the concern.
The LRA carefully reviews your concern. This step involves gathering all the relevant details and context surrounding your case. At this stage, they may communicate with you to request additional information or specific details, if required.
- Assessment.
The LRA assesses the concern to determine its nature and its severity. At this point a determination is made as to the merit of the case and/or whether there is a possible breach of the member’s rights.
- Advice and guidance.
The LRA will provide you with some initial advice and guidance as to how to proceed. This may include explaining your rights, available options, potential outcomes, and the steps involved in resolving your issue.
- Investigation.
If necessary, the LRA will begin an investigation to gather more information. This step might involve speaking with management or other employees, reviewing documents, and consulting with other LRAs.
- Informal redress.
In cases where it is possible, the LRA will propose to resolve the matter with management through an informal channel.
- Formal redress.
If informal resolution is not a feasible option, or if the informal attempt to resolve the matter failed, the LRA will propose formal recourse options. At this stage, the LRA will explain to you the types of representation or support that they can offer.
- Representation.
The LRA will proceed with filing a grievance on your behalf. Should the recommended recourse option fall outside the scope of the Federal Public Sector Labour Relations and Employment Act, the LRA will offer you other supports. From this point, the LRA will carry out the duties involved in the internal grievance resolution process or any other relevant proceedings.
What happens when the assigned LRA
is unable to help or assist you with your concern?
Informing a member that representation will not be offered or will not continue is a sensitive process that requires clear communication a well as an adherence to legal and ethical standards. Here are the steps typically involved:
- A thorough review of the case.
In accordance with PAFSO’s duty of fair representation, the determination that PAFSO is unable to assist or continue to assist with a member’s concern is based on a thorough review of the member’s case in relation to available resources and recourse mechanisms.
- Documentation of the decision.
The entire decision-making process is documented in detail, including all relevant communications, as well as the reasons PAFSO is unable to provide a member with representation.
- Formal notification.
If, upon review of your concern, the LRA determines that it is not in your best interest, or in the best interest of the general membership, to proceed with the matter, you will be informed in writing through a formal letter or notice of the reasons for their decision. You will then be provided with a copy of our Protocol on Representationand be informed of the option for self-representation, should it apply.
- Clear and respectful communications.
The member is to be notified in a clear, respectful, and timely manner. The LRA will ensure that the member understands the reasons behind the decision and be informed of their rights to appeal or seek further assistance.
- Provide guidance on next steps.
The LRA will provide the member with information on alternative courses of action that can pursued, such as filing their own complaint with the labor board or seeking private legal advice.
- Follow up
The LRA will remain available to answer any questions the member may have and to provide support as needed during the transition to another course of action.
Conclusion
This guide is intended to help members raise their concerns to PAFSO’s Secretariat effectively and with confidence. Our goal is to ensure that all members understand the process involved and to ensure a more consistent and fair approach to how their correspondences are processed. By following the steps outlined above, we hope to facilitate understanding, increase transparency, and streamline our processes. We hope to make addressing your concerns quicker and more efficient for you and for our team.
Should you have any questions about this guide or its application, please feel free write to PAFSO’s General Manager, Bertrand Myre, at the following email address: bertrand.myre@pafso-apase.com.