ARCHIVED - Guidelines on the Grievance Procedure (Draft)

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Application

These guidelines apply to all departments and agencies for which the Treasury Board is the employer, i.e. those listed in Schedule I and IV of the Financial Administration Act (FAA).

Definitions

Employee

means an employee as defined in the PSLRA, and includes for the purposes of grievances, a person who occupies a managerial or confidential position (fonctionnaire);

Employer

means Her Majesty in right of Canada as represented by the Treasury Board, in the case of a department named in Schedule I to the FAA or another portion of the federal public administration named in Schedule IV to that Act. Departments and agencies are not considered as being the employer. Although departments have received direct authorities under the FAA, Treasury Board remains the employer (employeur);

Final level

means the final level of the grievance procedure, normally the "deputy head" or his or her authorized representative (dernier palier);

Level

means a level of management designated to reply to grievances (palier).

Responsibilities

Treasury Board Secretariat

Establishing guidelines concerning the grievance procedure.

Negotiating grievance procedures in collective agreements.

Reviewing departmental grievance procedures and any significant amendments to them.

Providing advice to departments and agencies about grievances, particularly those at the final level.

Responding to policy grievances presented by bargaining agents.

Departments and agencies

Establishing an internal grievance procedure for represented employees in keeping with collective agreements, and for excluded and unrepresented employees in keeping with the PSLRB Regulations.

Consulting the TBS Labour Relations sector on the grievance procedure and for any significant amendments to it.

Complying with the grievance procedure provisions of collective agreements, PSLRB Regulations, and the departmental grievance procedure, including posting of notices concerning steps in the grievance procedure;

Consulting on and responding to grievances in the official language in which they are presented. Employees have the right to present grievances in the official language of their choice, regardless of location, the internal language used, or the language requirements of their positions.

References

Public Service Labour Relations Act

Public Service Labour Relations Board Regulations

Treasury Board Guidelines on Adjudication

Informal Conflict Management System Directive

Values and Ethics Code for the Public Service

Collective agreements

Departmental grievance procedure

Departmental codes of discipline or conduct

Cancellation / Replacement

These guidelines cancel and replace chapter 4 of the Treasury Board Manual dated October 4, 1994.

Enquiries

Enquiries should be directed to:

Employer Representation Group
Labour Relations and Operations Sector
Treasury Board Secretariat

Grievance Forms

• Policy Grievance Presentation (PSLRA s. 220) (TBS/SCT 340-53)
• Grievance Transmittal Form (TBS/SCT 340-54)
• Individual grievance presentation (PSLRA s. 208) (TBS/SCT 340-55)
• Group Grievance Presentation (PSLRA s. 215) (TBS/SCT 340-56)

 

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