 |
Public Service Modernization
The Public Service Modernization Act and Grievances
Some background
Since time immemorial, grievances have been one of the most important tools available to union members. For members governed by the former Public Service Staff Relations Act, a grievance included:
A Labour Relations (Individual) Grievance: when an individual issue pertained to the application of the collective agreement, disciplinary action or a decision by the employer. Only grievances regarding the interpretation of the collective agreement (with the consent of the bargaining agent) and grievances dealing with disciplinary action stemming from a suspension, dismissal or a financial penalty could be referred to adjudication.
|
A Group Grievance: when a group of employees was aggrieved in the same way by a management decision and attempted to seek the same extent of redress. In this case, the names of all members of the group appeared on the grievance. Although all of these grievances were processed by the employer, they had no legal foundation.
|
|
A union grievance under the Public Service Staff Relations Act (PSSRA) did not exist, but the union could initiate recourse to the Board to request application or interpretation of a specific article.
|
Introduction
The Public Service Modernization Act amends both rights and the grievance procedure.
There are now three types of grievances: Individual, Group and Policy Grievances
- Individual (Labour Relations) Grievances greatly resemble those of the past;
- Group Grievances are filed by the Union and must pertain to the interpretation or application of the collective agreement. However, each of the employees seeking relief must sign a consent form, which makes it possible to deal with the dispute more effectively;
- Policy (Union) Grievances are grievances by the union which most also pertain to the interpretation or application of the collective agreement. They are presented to the final level with the approval of PSAC as bargaining agent [as referrals were treated in the manner prescribed in section 99]. Policy grievances are “new”, in that the union can bring a policy grievance, whether or not the dispute can be the subject of an individual grievance [the limit that applied to references in the manner prescribed in section 99].
More information on the Public Service Modernization Act and a Quiz!
|
