The proper completion of a grievance form and a transmittal form is of prime importance to the grievance procedure. Both of these forms serve to properly identify the grievor and the respondent Department or Agency, to serve notice if the union is providing representation and stands as evidence that the grievance has been presented and transmitted within the prescribed time limits. In addition, the grievance presentation form sets the reasons for the grievance and suggests a specific remedy, which the grievor seeks in order to resolve the grievance.
As a result, it is very important that these forms be completed properly, especially for the requested corrective action area of the grievance presentation form as the grievance will set the terms and conditions under which the Federal Public Sector Labour Relations and Employment Board may assume jurisdiction if the grievance is referred to adjudication. In addition, the Board Chairperson may, in allowing the grievance, not grant any remedy greater than what was requested by the grievor.
Therefore, we will now examine these forms in detail by reviewing a sample of a properly completed grievance presentation form. While the CRA has created its own grievance forms, we ask that you use the forms created by UTE.
Grievance Presentation Form
General:
- The grievance information should be printed legibly or typed.
- The grievance number assigned by the Agency should be transcribed in the "Reference No." area.
Section 1(A):
- The grievor's full home and work phone numbers should be included in order to provide representatives with sufficient information to contact the grievor.
Section 1(B):
- When completing the "Details of Grievance" area, it is recommended that the grievor make a short, concise statement concerning the nature of the grievance. Do not try to be wordy and do not provide your arguments in this area. Save your supporting arguments for the grievance hearing. The statement should, however, supply enough information in order to enable the grievor's representatives and the employer to identify the issue.
- If necessary, a short statement requesting consultation should be entered in this area as well as consultation is not always automatically convened. In addition to this written request for consultation, the union representative at each level should confirm with his/her Agency counterpart a scheduled date for consultation. As we discussed earlier in Module I, the Alliance has the right to consult with the employer with respect to grievances. This does not mean, however, that the employee or grievor has the right to consultation. Therefore, it is quite possible that the grievor will not be authorized to be present at the grievance hearing although quite often, the employer allows the grievor to be present at local grievance hearings. You will find, however, that grievors are rarely present at third or final level grievance hearings.
Section 1(C):
- In deciding what corrective action to request, the grievor and his/her representative should keep the following principle in mind:
The requested corrective action, if granted, should place the grievor in the situation in which he/she would have been had the incident not occurred and always include “to be made whole”.
Accordingly, the "requested corrective action" area should include an itemized statement of all remedies sought by the grievor. In the example illustrated, it would not be enough to request that the employer's decision be rescinded. We have to ensure that, in addition to this remedy, the grievor is reimbursed for lost pay and benefits and that the disciplinary records be removed and destroyed. Remember, as we discussed earlier, should a grievance of this nature be allowed at adjudication, the adjudicator cannot grant any remedy greater than what was requested by the grievor.
Section 2:
- Where a grievance relates to the interpretation or application of a collective agreement or an arbitral award, the steward must sign in this area on behalf of the bargaining agent, the PSAC, before the grievance is officially recognized. As well, in cases where the grievance does not relate to the collective agreement or an arbitral award, but where the steward on behalf of the PSAC has agreed to represent the grievor, the steward should still sign in this area.
Section 3:
- This section must be completed by the grievor's immediate supervisor or local officer-in-charge upon presentation of the grievance at the first level.
This area of the form will also act as a receipt to show that the grievance was presented within the prescribed time limits. In cases where a grievance was presented outside of the time limits, the supervisor still must sign it to acknowledge receipt and to signify the date presented.
Distribution:
- Five copies of the form should be made. Upon presentation to and signed receipt by the immediate supervisor, copies 1 and 2 should be given to the supervisor, copies 3 and 4retained by the representative and copy 5 given to the grievor.
Grievance Transmittal Form
General:
- The grievance information should be printed legibly or typed.
- The grievance number assigned by the Agency should be transcribed in the "Reference No." area.
Section 1:
- An "X" should be placed in the appropriate box in order to signify to which level the grievance is being transmitted. Remember a classification grievance and a termination of employment/ demotion grievance go directly to the final level.
Section 2:
- Again, the representative of the bargaining agent, the steward, must sign here if the grievance relates to the collective agreement or an arbitral award or for any other grievance where the grievor is to be represented by the union.
Section 3:
- This again is to be completed by the immediate supervisor or local officer-in-charge upon transmission of the grievance and serves as a receipt to show that the grievance was transmitted within the prescribed time limits. In cases where the transmittal is presented outside of the time limits, the supervisor must still sign to acknowledge receipt and to signify the date presented.
Distribution:
- Three copies of this form should be made. Upon presentation to and signature of receipt by the immediate supervisor, copy 1 (Agency copy) should be provided to the supervisor, copy 2 is retained by the representative and copy 3 is given to the grievor.
EXERCISE – DENIS PEYTON – HANDOUT 4.2
Denis Peyton, a SP-04 Collection Contact Officer in the Toronto North Tax Services Office, approaches you and wishes to file a grievance. He advises you that last week he worked overtime onsite in the evening and was denied the meal allowance and wants to file a grievance.
Mr. Peyton resides at 100 Water Street, Mississauga, M5J 2B0 and his telephone number at work is (416) 973-8000 and his cell number is 473-1234.
Please complete the following:
1. Review Article 28.08 of the Collective Agreement.
28.08 Meals
- An employee who works three (3) or more hours of overtime immediately before or immediately following the employee’s scheduled hours of work shall be reimbursed their expenses for one (1) meal in the amount of twelve dollars ($12.00) except where free meals are provided.
- When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one (1) additional meal in the amount of twelve dollars ($12.00) for each additional four (4) hour period of overtime worked thereafter, except where free meals are provided.
- Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work. For further clarity, this meal period is included in the hours referred to in paragraphs (a) and (b) above.
- Meal allowances under this clause shall not apply:
- to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals; or
- to an employee who has obtained authorization to work at their residence or at another place to which the Employer agrees.
2. What things do you need to confirm before moving forward with a grievance?
3. Having confirmed the items in Question 2, Please complete Sections A, B and C of the Grievance Presentation Form and list the areas of Section A that you need more information in order to complete the form.
Please access the UTE website, https://www.ute-sei.org/en to use the fillable grievance form. (Under the “For Locals” tab, select “Toolbox – Grievance Forms”, then open the “UTE Individual Grievance Presentation Form”: https://www.ute-sei.org/en/for-locals/toolbox-grievance-forms
Related Handouts:
4.1 PSLRB, Leclaire v. Treasury Board (Department of National Defence)
4.2 Answer to Exercise – Denis Peyton (via Chatroom)