Classification Reform Action Plan

Grievance campaign

The National Board of Directors approved a plan outlining the PSAC’s approach to Treasury Board’s announcement latest classification project: Classification Reform.

The plan adopted by the National Board of Directors mandated a grievance campaign. There are two such campaigns envisaged, one of which will be adjudicable and the other which will not. Below is an outline of both grievance campaigns.

PART ONE
Grievance campaign on the issue of discrimination

The first grievance campaign will attack the discriminatory aspect of the present classification system. This campaign will only apply to those members who are in female-dominated groups as they are the only ones who can complain that the present system, as applied to them, has a discriminatory impact. The groups which should be part of the first grievance campaign are: Library Science, Administrative Services, Information Services, Program Administration, Clerical and Regulatory, Data Processing, Secretarial, Stenographic and Typing, and Hospital Services.

With respect to redress, the grievances and complaints should request redress from February 21, 1991 until the present. This is the date on which the government announced Universal Joint Evaluation Plan, or UJEP. Grievors should note, however, that the decision in Coallier will, of course, be used by the employer to restrict any redress that goes beyond the twenty-five day period prior to the filing of any grievance. Nonetheless, we will argue strenuously against the application of this barrier to the grievances, and will point out to the Public Service Staff Relations Board that the employer has made several promises regarding the implementation of a new classification system and used this promise in order to discourage members from grieving, advising them that the new classification system would address their concerns.

Grievors should also keep in mind that given that there will be concurrent human rights complaints before the CHRC, the Commission will oversee the remedy granted by the PSSRB and may choose to enlarge any timeframes which are restricted by the Coallier barrier.

There must also be simultaneous complaints to the CHRC along with requests for a section 41 “bounce-back” since the grievances will turn on human rights issues. Below is the wording for both the grievance and the section 41 bounce-back request.

Grievance wording:

I grieve that my employer is in violation of Article____, No Discrimination, in applying to my position a classification system which has been found to be discriminatory and in violation of the requirements of the Canadian Human Rights Act.

Redress:

I request that the employer implement immediately a universal and gender-neutral classification system which meets the requirements of my collective agreement and the human rights legislation, and re-classify my position retroactive to February 21, 1991.

Human rights complaints in support of the grievance campaign

The human rights complaints can use the same wording as the grievances. When filing a complaint, members must also request a section 41 bounce-back. As indicated below, a copy of the letter should be copied to the Representation Section as the protocol with the CHRC calls for the Commission to verify our willingness to pursue the grievance at adjudication.

Standard wording for the bounce-back letter:

I am an employee of __________ and as such am represented by the Public Service Alliance of Canada and covered by the _____ collective agreement.

I have exercised my rights under the collective agreement and have filed a grievance, a copy of which is attached. As the subject matter of the grievance is the same as my complaint to the Canadian Human Rights Commission, I hereby request that the Commission issue an order under s.41 (1) (a) of the Canadian Human Rights Act, permitting the PSSRB to hear and adjudicate my grievance.

I understand that should this matter come before an Adjudicator of the PSSRB an award of damages for pain and suffering will not be available. However, I believe the Board would have the jurisdiction to deal with all other matters arising from this Complaint. I realize the Commission will consult with the Coordinator of the PSAC Representation Section (telephone (613) 560-4325) to confirm union support before the PSSRB prior to any final decision on referral of this complaint.

c.c. Representation Section, PSAC

Part II
General Grievance campaign

The second prong of the grievance campaign is technically open to all members, although we recommend restricting it to targeted groups only. The second grievance campaign will contest the system as a whole and as such, these grievances will not be adjudicable.

We have many members who cannot take part in the first grievance campaign (because they are in male-dominated groups), but who are nonetheless detrimentally affected by the present classification system. These groups can be easily mobilized and are therefore the perfect targets of a grievance campaign. The campaign will attack the current classification system and allege that it is out-dated and does not accurately capture the work performed. Again, a retroactivity dated of February 21, 1991, was chosen for the reasons outlined above.

Grievance wording:

I grieve the application of the present, out-dated, classification system applied to my position. The present standard has long ceased to be applicable to the duties performed by me and does not adequately capture the full range of duties which I am presently called upon to perform.

Redress:

I demand that my employer immediately implement a universal and gender-neutral classification system that adequately addresses my concerns and that this system be applied to my position retroactive to February 21, 1991.

Targeted groups

Table 1

All members of Table 1 should be encouraged to grieve as all members of this group are working under a standard which does not meet the requirements of the CHRA. However, below is a listing of the groups most suitable to being used as examples in order to illustrate our point.

WP group
AS group
ST-SCY-03 and 04’s
PM’s at DFO
PM’s at CIDA and Industry Canada
PM Investigation and Control Officers at HRDC

N.B. The AS, PM and IS groups are identified under the Part I grievance campaign as well, given that they are now female-dominated. However, because of their past inclusion in either the neutral or male-dominated group, the argument of discrimination becomes somewhat more difficult to make and they have therefore been identified for inclusion in both grievance campaigns.

Table 2

Ship Crews, DFO
GS, CSC
FR

Table 3

PI