Union News October 2018
In our last newsletter you were provided with information on the second step in the CRA Staffing Recourse – Decision Review - DR.
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 Independent Third-party Review (ITPR) and is the third in a series of three of articles explaining the various staffing recourse levels.
Level III – Independent Third-party Review (ITPR)
ITPR is the final level of recourse available in the staffing process. It is only available to individuals who are in the pool of a particular staffing process and when permanent appointments are being made.
ITPR is a review of an employee’s concerns of arbitrary treatment following IF. ITPR, if available, is conducted by an Independent Third-party Reviewer and can be requested only after IF is completed. (see the December 2017 Article on Individual Feedback)
To file for ITPR you must use the RC 117 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 certainly should 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.
The ITPR process is somewhat different than the previous two forms of recourse. Once you file the RC 117 and your ITPR request is accepted by the CRA’s Staffing Recourse Section, your file is assigned to one of UTE’s Labour Relations Officers (LRO) at the UTE National Office. Once your LRO has received disclosure of all relevant documents and completes their review, they will discuss with you, what if any specific allegations of arbitrary treatment will be submitted. If your LRO decides to proceed, a full hearing will be held in front of an Independent Third Party Reviewer. The ITPR process is fully outlined in section 5.11 in the Procedures for recourse on staffing.
We hope this series of article on CRA Staffing Recourse Levels has been useful. The previous levels of recourse are contained in past issues of the newsletter and are available on the web under Union News https://www.ute-sei.org/en/for-members/union-news
Gary Esslinger
Communications Committee