Union News April 2018
On our last newsletter you were provided with information on the first step in the CRA Staffing Recourse - Individual Feedback-IF.
The CRA Staffing Recourse system was put in place with three basic levels of recourse.
- Level I – Individual Feedback (IF)
- Level II – Decision Review (DR)
- Level III – Independent Third-party Review (ITPR)
This article will discuss Decision Review (DR) and is the second in a series of three of articles explaining the various staffing recourse levels.
Level II – Decision Review (DR)
Decision Review (DR) is a review of an employee’s concerns of arbitrary treatment following IF. Decision Review, if available, is conducted by a decision reviewer and can be requested only after IF is completed.
To file for DR you must use the RC 135 form and file it within 9 days of receiving your IF response. On this form, again, you must state how you believe you were treated arbitrarily. If you encountered a situation similar to the examples shown in the December 2017 issue of Union News regarding IF or you specifically saw something you considered to be arbitrary you should certainly include that when completing the form. Unfortunately, most times until you’ve had the opportunity to review other information it is difficult to provide specifics which could be relevant to the member’s assertion that they were treated arbitrarily.
Note: you can refer to the December issue of Union News by visiting the web site at www.ute-sei.org
One of the most significant differences between IF and DR is that at DR you now have the right to be represented and have that person fully participate in the Decision Review. We strongly recommend that you engage help and support from your local union when dealing with a DR situation.
Another change is that in our opinion, you have the right and can request to be provided with copies of the information relating to successful candidates. As with IF you should be able to see copies of board notes from interviews, any additional board notes and comments, copies of reference check information that relate to both you and successful candidates in the process.
It is suggested that you request a reasonable number of successful candidates results that can be compared to your information which will greatly assist in attempting to determine if you were treated arbitrarily in the process. This information is vetted to ensure the privacy of those candidates. Again, it is highly recommended that you refrain from meeting with management for your DR prior to receiving the requested documentation and only after you have had an opportunity to review it, hopefully with your union representative.
Footnote: we still see on a regular basis a resistance to this with the employer wanting to proceed to DR without having shared any information. Rather, they are asking the employee to explain why they need to see another candidate’s information. If this type of roadblock is encountered, we strongly urge members to contact their local union for assistance.
This seems truly counterproductive to having an open and transparent staffing process and it is suggested this type of secretive approach will not instill any confidence or trust with employees who are only looking to ensure they were treated fairly.
As mentioned in part I of this series, members are reminded that even if you are successful at the assessment stage in the process and placed in a qualified pool, YOU MUST avail yourself to both IF and DR. Otherwise if you are not selected at placement, you do not have the right to bring up any flaws from the assessment stage at an Independent Third-party Review.
If you would like more information on Individual Feedback and Decision Review please refer to the following document on the CRA Infozone: “Procedures for recourse on staffing (Staffing Programs)”
Recourse checklist – It’s your right (Part 2)
- If not satisfied with the IF response consider filing for DR. Remember, you have 9 days to file for DR upon receipt of your IF response.
- Ensure you are provided with all the relevant documentation in relation to you and the other candidates in the Pool. This includes board notes, interview answers, reference check notes from all references including supervisor, peer or other prior to your DR meeting.
- Do not accept to attend a meeting before you have been provided with the information noted above and have had a chance to review it.
- You have a right to Union Representation during the DR process.
- You are entitled to an DR response in writing. Ensure that you receive it.
Gary Esslinger
Communications Committee