ARCHIVED - Ship Repair (All Chargehand and Production Supervisor Employees Located on the East Coast) (SRC) (663)
This page has been archived.
Archived Content
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
Article 22
Association Security
**
22.05 An employee who satisfies the
Association to the extent that he or she declares in an affidavit that he or
she is a member of a religious organization whose doctrine prevents him or her
as a matter of conscience from making financial contributions to an employee
organization and that he or she will make contributions to a charitable
organization registered pursuant to the Income
Tax Act, equal to dues, shall not be subject to this Article, provided that
the affidavit submitted by the employee is countersigned by an official
representative of the religious organization involved. The Association will
inform the Employer accordingly.
**Article
24
Grievance Procedure
24.01 In cases of alleged misinterpretation
or misapplication arising out of agreements concluded by the National Joint
Council (NJC) of the Public Service on items which may be included in a
collective agreement and which the parties to this agreement have endorsed, the
grievance procedure will be in accordance with section 15.0 of the NJC By-Laws.
24.02The parties recognize the value of informal discussion between
employees and their supervisors to the end that problems might be resolved
without recourse to a formal grievance. When the parties agree in writing to
avail themselves of an informal conflict management system established pursuant
to section 207 of the PSLRA, the time limits prescribed in this
Grievance Procedure are suspended until either party gives the other notice in
writing to the contrary.
24.03 In determining the time within which
any action is to be taken as prescribed in this procedure, Saturdays, Sundays
and designated holidays shall be excluded.
24.04 The time limits stipulated in
this procedure may be extended by mutual agreement between the Employer and the
employee and, where appropriate, the Association Representative.
24.05 Where the provisions of clauses 24.07, 24.24 or 24.38 cannot be
complied with and it is necessary to present a grievance by mail, the grievance
shall be deemed to have been presented on the day on which it is postmarked and
it shall be deemed to have been received by the Employer on the day it is
delivered to the appropriate office of the department or agency concerned.
Similarly the Employer shall be deemed to have delivered a reply at any level
on the date on which the letter containing the reply is postmarked, but the
time limit within which the grievor may present his grievance at the next
higher level shall be calculated from the date on which the Employer's reply
was delivered to the address shown on the grievance form.
24.06 A grievance shall not be deemed to be invalid by reason only of
the fact that it is not in accordance with the form supplied by the Employer.
Individual Grievances
24.07 An employee who wishes to present a grievance at any
prescribed level in the grievance procedure, shall transmit this grievance to
the employee's immediate supervisor or local officer-in-charge who shall
forthwith:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate level,
and
- provide
the employee with a receipt stating the date on which the grievance was
received by the Employer.
24.08 Presentation of grievance
- Subject
to subsections (2) to (7), an employee is entitled to present an individual
grievance if he or she feels aggrieved
- by the interpretation or application, in
respect of the employee, of
- a provision of
a statute or regulation, or of a direction or other instrument made or issued
by the Employer, that deals with terms and conditions of employment,
or
- a provision of
a collective agreement or an arbitral award;
or
- as a result of any occurrence or matter
affecting his or her terms and conditions of employment.
- An
employee may not present an individual grievance in respect of which an
administrative procedure for redress is provided under any Act of Parliament,
other than the Canadian Human Rights Act.
- Despite
subsection (2), an employee may not present an individual grievance in respect
of the right to equal pay for work of equal value.
- An
employee may not present an individual grievance relating to the interpretation
or application, in respect of the employee, of a provision of a collective
agreement or an arbitral award unless the employee has the approval of and is
represented by the bargaining agent for the bargaining unit to which the
collective agreement or arbitral award applies.
- An
employee who, in respect of any matter, avails himself or herself of a
complaint procedure established by a policy of the Employer may not present an
individual grievance in respect of that matter if the policy expressly provides
that an employee who avails himself or herself of the complaint procedure is
precluded from presenting an individual grievance under this Article.
- An
employee may not present an individual grievance relating to any action taken
under any instruction, direction or regulation given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
- For
the purposes of subsection (6), an order made by the Governor in Council is
conclusive proof of the matters stated in the order in relation to the giving
or making of an instruction, a direction or a regulation by or on behalf of the
Government of Canada in the interest of the safety or security of Canada or any
state allied or associated with Canada.
24.09 There shall be no more than a maximum of four (4) levels in the
grievance procedure. These levels shall be as follows:
- Level 1 - first (1st) level of management;
- Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);
- Final level: the Deputy Minister (or his equivalent) or his delegated representative.
Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.
24.10 Representatives
- The Employer shall designate a
representative at each level in the grievance procedure and shall inform each
employee to whom the procedure applies of the title of the person so designated
together with the title and address of the immediate supervisor or local officer-in-charge
to whom a grievance is to be presented.
- This
information shall be communicated to employees by means of notices posted by
the Employer in places where such notices are most likely to come to the
attention of the employees to whom the grievance procedure applies, or
otherwise as determined by agreement between the Employer and the Association.
24.11 An employee may be assisted and/or represented by the Association
when presenting a grievance at any level. The Association shall have the right to
consult with the Employer with respect to a grievance at each or any level of
the grievance procedure.
24.12 An employee may present a grievance to the first (1st)
level of the procedure in the manner prescribed in clause 24.07, not later than
the twenty-fifth (25th) day after the date on which he is notified
orally or in writing or on which he first becomes aware of the action or
circumstances giving rise to grievance.
24.13 An employee may present a
grievance at each succeeding level in the grievance procedure beyond the first
(1st)
level either:
- where
the decision is not satisfactory to the employee, within ten (10) days after
that decision has been conveyed in writing to the employee by the Employer,
or
- where
the Employer has not conveyed a decision to the employee within the time
prescribed in clause 24.14, within twenty-five (25) days after he presented the
grievance at the previous level.
24.14 The Employer shall normally
reply to an employee's grievance at any level of the grievance procedure,
except the final level, within twenty (20) days after the grievance is
presented, and within thirty (30) days when the grievance is presented at the
final level.
24.15 Where an employee has been
represented by the Association in the presentation of his grievance, the
Employer will provide the Association with a copy of the Employer's decision at
each level of the grievance procedure at the same time that the Employer's
decision is conveyed to the employee.
24.16 Where a grievance has been
presented up to and including the final level in the grievance process, and the
grievance is not one that may be referred to adjudication, the decision on the
grievance taken at the final level in the grievance process is final and
binding and no further action may be taken under the Public Service Labour
Relations Act.
24.17 Where it appears that the
nature of the grievance is such that a decision cannot be given below a
particular level of authority, any or all the levels except the final level may
be eliminated by agreement of the Employer and the employee, and, where
applicable, the Association.
24.18 Where the Employer demotes or
terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of
the Financial Administration Act, the grievance procedure set forth in
this Agreement shall apply, except that the grievance may be presented at the
final level only,
24.19 An employee may by written
notice to his immediate supervisor or officer-in-charge withdraw a grievance.
24.20 Any employee who fails to
present a grievance to the next higher level within the prescribed time limits
shall be deemed to have abandoned the grievance unless, due to circumstances
beyond his control, he was unable to comply with the prescribed time limits.
24.21 No person shall seek by
intimidation, by threat of dismissal or by any other kind of threat to cause an
employee to abandon his grievance or refrain from exercising his right to
present a grievance, as provided in this Collective Agreement.
24.22 Reference to Adjudication
- An employee may refer to adjudication
an individual grievance that has been presented up to and including the final
level in the grievance process and that has not been dealt with to the employee's
satisfaction if the grievance is related to:
- the interpretation or application in
respect of the employee of a provision of a collective agreement or an arbitral
award;
- a disciplinary action resulting in
termination, demotion, suspension or financial penalty;
- demotion or termination under paragraph
12(1)(d) of the Financial Administration Act for unsatisfactory
performance or under paragraph 12(1)(e) of that Act for any other reason that
does not relate to a breach of discipline or misconduct,
- When
an individual grievance has been referred to adjudication and a party to the
grievance raises an issue involving the interpretation or application of the Canadian
Human Rights Act, that party must, in accordance with the regulations, give
notice of the issue to the Canadian Human Rights Commission.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in subsection
(2).
- Nothing
in subsection (1) above is to be construed or applied as permitting the
referral to adjudication of an individual grievance with respect to
- any termination of employment under the Public
Service Employment Act;
or
- any deployment under the Public Service
Employment Act, other than the deployment of the employee who presented the
grievance.
24.23 Before referring an individual
grievance related to matters referred to in paragraph 24.22(1)(a), the employee
must obtain the approval of his or her bargaining agent to represent him or her
in the adjudication proceedings.
Group Grievances
24.24 The Association may present a
grievance at any prescribed level in the grievance procedure, and shall
transmit this grievance to the officer-in-charge who shall forthwith:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate level,
and
- provide
the Association with a receipt stating the date on which the grievance was
received by the Employer.
24.25 Presentation of Group Grievance
- The
bargaining agent for a bargaining unit may present to the Employer a group
grievance on behalf of employees in the bargaining unit who feel aggrieved by
the interpretation or application, common in respect of those employees, of a
provision of a collective agreement or an arbitral award.
- In
order to present the grievance, the Association must first obtain the consent
of each of the employees concerned in the form provided for by the regulations.
The consent of an employee is valid only in respect of the particular group
grievance for which it is obtained.
- The
group grievance must relate to employees in a single portion of the federal
public administration.
- The
Association may not present a group grievance in respect of which an
administrative procedure for redress is provided under any Act of Parliament,
other than the Canadian Human Rights Act.
- Despite
subsection (4), the Association may not present a group grievance in respect of
the right to equal pay for work of equal value.
- If
an employee has, in respect of any matter, availed himself or herself of a
complaint procedure established by a policy of the Employer, the Association
may not include that employee as one on whose behalf it presents a group
grievance in respect of that matter if the policy expressly provides that an
employee who avails himself or herself of the complaint procedure is precluded
from participating in a group grievance under this Article.
- The
Association may not present a group grievance relating to any action taken under
any instruction, direction or regulation given or made by or on behalf of the
Government of Canada in the interest of the safety or security of Canada or any
state allied or associated with Canada.
- For
the purposes of subsection (7), an order made by the Governor in Council is
conclusive proof of the matters stated in the order in relation to the giving
or making of an instruction, a direction or a regulation by or on behalf of the
Government of Canada in the interest of the safety or security of Canada or any
state allied or associated with Canada.
24.26 There shall be no more than a
maximum of four (4) levels in the grievance procedure. These levels shall be as
follows:
- Level
1 - first (1st)
level of management;
- Levels
2 and 3 where such level or levels are established in Departments or Agencies -
intermediate level(s);
- Final
level: the Deputy Minister (or his equivalent) or his delegated representative.
Whenever there are four (4) levels in the grievance
procedure, the Association may elect to waive either Level 2 or 3.
24.27 The Employer shall designate a representative at each level in
the grievance procedure and shall inform the Association of the title of the
person so designated together with the title and address of the officer-in
charge to whom a grievance is to be presented.
24.28 The Association shall have the right to consult with the Employer
with respect to a grievance at each or any level of the grievance procedure.
24.29 The Association may present a grievance to the first (1st)
level of the procedure in the manner prescribed in clause 24.24, no later than
the twenty-fifth (25th) day after the earlier of the day on which
the aggrieved employees received notification and the day on which they had
knowledge of any act, omission or other matter giving rise to the group
grievance.
24.30 The Association may present a grievance at each succeeding level
in the grievance procedure beyond the first (1st) level either:
- where
the decision or offer for settlement is not satisfactory to the Association,
within ten (10) days after that decision or offer for settlement has been
conveyed in writing to the Association by the Employer,
or
- where
the Employer has not conveyed a decision to the Association within the time
prescribed in clause 24.31, within twenty-five (25) days after the Association
presented the grievance at the previous level.
24.31 The Employer shall normally reply to the Association's grievance
at any level of the grievance procedure, except the final level, within twenty
(20) days after the grievance is presented, and within thirty (30) days when
the grievance is presented at the final level.
24.32 Where it appears that the nature of the grievance is such that a
decision cannot be given below a particular level of authority, any or all the
levels except the final level may be eliminated by agreement of the Employer
and the Association.
24.33 The Association may by written notice to the officer-in-charge
withdraw a grievance.
24.34 Opting out of a group Grievance
- An
employee in respect of whom a group grievance has been presented may, at any
time before a final decision is made in respect of the grievance, notify the
Association that the employee no longer wishes to be involved in the group
grievance.
- The
Association shall provide to the representatives of the Employer authorized to
deal with the grievance, a copy of the notice received pursuant to paragraph
(1) above.
- After
receiving the notice, the Association may not pursue the grievance in respect
of the employee.
24.35 The Association failing to present a grievance to the next higher
level within the prescribed time limits shall be deemed to have abandoned the
grievance unless, due to circumstances beyond its control, it was unable to comply
with the prescribed time limits.
24.36 No person shall seek by intimidation, by threat of dismissal or
by any other kind of threat to cause the Association to abandon the grievance
or refrain from exercising the right to present a grievance, as provided in
this Collective Agreement.
24.37 Reference to Adjudication
- The
Association may refer to adjudication any group grievance that has been
presented up to and including the final level in the grievance process and that
has not been dealt with to its satisfaction.
- When
a group grievance has been referred to adjudication and a party to the
grievance raises an issue involving the interpretation or application of the Canadian
Human Rights Act, that party must, in accordance with the regulations, give
notice of the issue to the Canadian Human Rights Commission.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in subsection
(2).
Policy Grievances
24.38 The Employer and the Association may present a grievance at the
prescribed level in the grievance procedure, and forward the grievance to the
representative of the Association or the Employer, as the case may be,
authorized to deal with the grievance. The party who receives the grievance
shall provide the other party with a receipt stating the date on which the
grievance was received by him.
24.39 Presentation of Policy Grievance
- The
Employer and the Association may present a policy grievance to the other in
respect of the interpretation or application of the collective agreement or
arbitral award as it relates to either of them or to the bargaining unit
generally.
- Neither
the Employer nor the Association may present a policy grievance in respect of
which an administrative procedure for redress is provided under any other Act
of Parliament, other than the Canadian Human Rights Act.
- Despite
subsection (2), neither the Employer nor the Association may present a policy
grievance in respect of the right to equal pay for work of equal value.
- The
Association may not present a policy grievance relating to any action taken
under any instruction, direction or regulation given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
- For
the purposes of subsection (4), an order made by the Governor in Council is
conclusive proof of the matters stated in the order in relation to the giving
or making of an instruction, a direction or a regulation by or on behalf of the
Government of Canada in the interest of the safety or security of Canada or any
state allied or associated with Canada.
24.40 There shall be no more than one (1) level in the grievance procedure.
24.41 The Employer and the Association shall designate a representative
and shall notify each other of the title of the person so designated together
with the title and address of the officer-in charge to whom a grievance is to
be presented.
24.42 The Employer and the Association may present a grievance in the
manner prescribed in clause 24.38, no later than the twenty-fifth (25th)
day after the earlier of the day on which it received notification and the day
on which it had knowledge of any act, omission or other matter giving rise to
the policy grievance.
24.43The Employer and the Association shall normally reply to the
grievance within sixty (60) days when the grievance is presented.
24.44 The Employer or the Association, as the case may be, may by
written notice to the officer-in-charge withdraw a grievance.
24.45 No person shall seek by intimidation, by threat of dismissal or
by any other kind of threat to cause the Employer or the Association to abandon
the grievance or refrain from exercising the right to present a grievance, as
provided in this Collective Agreement.
24.46 Reference to Adjudication
- A
party that presents a policy grievance may refer it to adjudication.
- When
a policy grievance has been referred to adjudication and a party to the
grievance raises an issue involving the interpretation or application of the Canadian
Human Rights Act, that party must, in accordance with the regulations, give
notice of the issue to the Canadian Human Rights Commission.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in subsection
(2).