Under Section 187 of the Federal Public Sector Labour Relations Act (FPSLRA), PAFSO has a general duty of fair representation to all members of its bargaining unit. It must represent individual members in a manner that is not arbitrary, discriminatory or in bad faith as defined in the legislation and the case law while also taking into account the collective interest of all the members within the bargaining unit for which a collective agreement is in force.
The purpose of this Protocol is to provide PAFSO’s members with a fair, transparent and efficient review process, if they believe that the Labour Relations Advisor acted in arbitrary, discriminatory or in a bad faith manner. This review process will be based on the following guiding principles:
The General Manager has the responsibility of coordinating the representation services of PAFSO’s member in recourse procedures. As a result, the General Manager determines, by way of a Protocol on Representation, PAFSO’s role and the role of PAFSO’s officials in recourse procedures.
The member seeking the review will have an opportunity to make a written submission, which could include supporting documentation, describing the reasons why he/she believes that the Labour Relations Advisor acted in arbitrary, discriminatory or bad faith manner.
The decision-making authority of the General Manager in regard to this Protocol is limited to the scope of Section 187 of the FPSLRA. As such, the General Manager will not review the merit of the members file, but will only determine if the decision from the Labour Relations Officer was in contravention with Section 187 of the Act.
The General Manager’s decision will be final and binding at PAFSO’s level.
The complaint must be filed in writing to the General Manager within fifteen (15) calendar days after the day the substantive action or the circumstance giving rise to the complaint occurred.
Upon review of the complaint, the General Manager will determine if the allegations meet the criteria of arbitrary, discriminatory, or bad faith as defined in the legislature and/or the jurisprudence.
After the screening process, if it is determined that the allegations meet the required criteria, the General Manager will conduct a thorough review of the complaint, including an assessment of the member’s file. During that period, the member and the affected Labour Relations Advisor will cease all forms of communication.
The General Manager will provide the member with a written decision, usually within ten (10) calendar days, from the time the complaint was filed.
If, in the opinion of the General Manager, the actions or proposed actions of the Labour Relations Advisor conflicted with Section 187 of the FPSLRA, he/she will determine the appropriate corrective measures to address the situation.
A member also has the option of pursuing any matter relating to his or her representation using the recourse available under the Federal Public Sector Labour Relations Act. Any member who wishes to pursue this recourse is responsible for ensuring he/she meets the applicable time limits or deadlines.