Grievance Wording

For all grievances, regardless of the subject or issue, remember:

  • Keep it simple and to the point.
  • Do not add arguments or examples to the grievance wording.

Also, USGE strongly suggests that potential grievors consult with their Local Executive Representative or Regional Vice-President. The generic wording provided below should be used in conjunction with consultation, so that the best possible outcome can be assured and the wording used be tailored to fit the grievor’s particular situation. Grievors using this information must have knowledge of the appropriate articles in their collective agreement to ensure the correct articles and clauses are cited.


Classification and Job Description Grievances


Job Description

I grieve the employer’s failure to provide me with a complete and current statement of duties and responsibilities of my position. This is in violation of Article ________ (insert Article #) – Statement of Duties of my collective agreement.

*Please note that in the PA Collective Agreement this is Article 54 and in the TS collective agreement, this is Article 57.

Corrective action:

That I be provided with a complete and current statement of duties and responsibilities, effective from ________ date; and

That I be made whole.


Classification

I grieve that my position is incorrectly classified.

Corrective action:

That my position be reclassified to a higher classification level, effective ________ date; and

That I be made whole.

*Please note that we no longer file three grievances for this issue. In the past, USGE recommended filing a job description grievance, acting pay grievance and a classification grievance. As per the PSAC’s direction, this is no longer appropriate. The Acting Pay is now covered by the wording, … “effective from ________ (date)”… added to the corrective measures.


Discipline and Termination


Discipline – Written Reprimand

I grieve my employer’s letter of reprimand dated ________ (date) and received on ________ (date).

Corrective action:

That the letter of reprimand be rescinded;

That I suffer no loss of pay and benefits for this period;

That any and all documentation related to this letter of reprimand be removed from my personnel file and any other employer file and be destroyed in my presence and/or that of my Union representative; and

That I be made whole.


Discipline – Suspension

I grieve my employer’s decision to impose a ________ (number of days) suspension received on ________ (date).

Corrective action:

That the suspension be rescinded;

That I suffer no loss of pay and benefits for this period;

That any and all documentation related to this suspension be removed from my personnel file and any other employer file and be destroyed in my presence and/or that of my Union representative; and

That I be made whole.


Discipline – Termination

I grieve the termination of my employment effective ________ (date of termination) as well as the letter of termination dated ________ (date).

Corrective action:

That I be immediately reinstated to my former position with full pay and benefits effective ________ (date of termination);

That the letter of termination, as well as any copies be immediately rescinded;

That any and all documentation related to this termination be removed from my personnel file and any other employer file and be destroyed in my presence and/or that of my Union representative;

That I receive all such other redress as may be granted; and

That I be made whole.


Discipline - Rejection on probation

I grieve my rejection on probation effective ________ (date of rejection on probation) and the letter of rejection on probation dated ________ (date).

I grieve that the employer’s decision to reject me on probation was made in bad faith and constitutes disguised discipline.

Corrective action:

That I be immediately reinstated to my former position with full pay and benefits effective ________ (date of rejection on probation);

That the letter of rejection on probation, as well as any copies be immediately rescinded;

That any and all documentation related to this rejection on probation be removed from my personnel file and any other employer file and be destroyed in my presence and/or that of my Union representative;

That I receive all such other redress as may be granted; and

That I be made whole.


Discrimination – Harassment, Duty to Accommodate, Family Status, etc.

Please note that USGE recommends that harassment grievances be folded into Discrimination grievances, as long as the Harassment is based on prohibited grounds.


Discrimination - Duty to Accommodate

I grieve that my employer has discriminated against me and/or has failed to accommodate me to the point of undue hardship which is in contravention of Article 19 – No discrimination of my collective agreement and the Canadian Human Rights Act as well as the Treasury Board and the Employer’s Policies on the Duty to Accommodate.

Corrective action:

That the Employer cease discriminating against me on the basis of ________ (insert grounds you are claiming);

That the Employer fulfill its duty to accommodate by accommodating my medical restrictions and limitations (if applicable);

That I be compensated for all losses, including pay and benefits, as well as any lost wages and any additional expenses that may result from this situation;

That the Employer cease the discriminatory practice and take measures to redress the practice and/or to prevent the same or similar practice from occurring in the future;

That the Employer make available to me the rights, opportunities and privileges that are being or were denied as a result of such practice. This includes, but is not limited to, the right to accommodation (if applicable);

That I be compensated $20,000 for pain and suffering experienced as a result of the discriminatory practice;

That I be $20,000 as compensation for my Employer’s willful and reckless engagement in the discriminatory practice;

That the filing of this grievance will not prejudice me in any future dealings with my employer;

That any tax implications resulting from this grievance be the responsibility of the employer; and

That I be made whole.


Discrimination - Harassment

I grieve that my employer has discriminated against me in is in contravention of Article 19 – No discrimination of my collective agreement and the Canadian Human Rights Act by not providing me with a harassment-free workplace.

Corrective action:

That the Employer cease discriminating against me on the basis of ________ (insert grounds you are claiming);

That the Employer fulfill its duty to accommodate by accommodating my medical restrictions and limitations (if applicable);

That I be compensated for all losses, including pay and benefits, as well as any lost wages and any additional expenses that may result from this situation;

That the Employer cease the discriminatory practice and take measures to redress the practice and/or to prevent the same or similar practice from occurring in the future;

That the Employer make available to me the rights, opportunities and privileges that are being or were denied as a result of such practice. This includes, but is not limited to, the right to accommodation (if applicable);

That I be compensated $20,000 for pain and suffering experienced as a result of the discriminatory practice;

That I be $20,000 as compensation for my Employer’s willful and reckless engagement in the discriminatory practice;

That the filing of this grievance will not prejudice me in any future dealings with my employer;

That any tax implications resulting from this grievance be the responsibility of the employer; and

That I be made whole.

*The above language can and should be used for all discrimination-related grievances. The only changes required would be the grounds that the grievor is being discriminated against ( human rights ground(s) ). This language should also be used for harassment-type grievances with the subtle changes noted. It should be noted that personal harassment is not adjudicable, which means that the grievance process stops at the third level and cannot be sent forward to arbitration.


Employee Rights


Employee Rights – WFA and Layoffs – Entitlements

I grieve that my Employer has violated Appendix ________ (insert Article #) – Workforce Adjustment of my collective agreement in that I have not been placed in a reasonable indeterminate position. The letter from the employer dated ________ (insert date) and ongoing and continuous process and/or actions to date (or lack thereof), has placed my employment security in jeopardy.

I rely on any and all other relevant provisions of my collective agreement, applicable employer policies, legislation and regulations.

*For the PA agreement the correct Appendix is D; for the SV agreement, the Appendix is I; for the EB agreement, it is B; and for the TS agreement, it is T.

Corrective action:

That my Employer fully complies with Appendix ________ (insert correct Appendix letter) – Workforce adjustment of my collective agreement and respects all of my rights and privileges under this and any related articles of my collective agreement;

That my career aspirations be respected and that I be immediately offered an equivalent indeterminate position acceptable to me, with retraining if necessary, either with my current employer or another department;

That I not suffer any loss of pay or benefits;

That I not suffer any further reprisal or prejudice;

That I receive any and all other remedies deemed just under the circumstances; and

That I be made whole.


Employee Rights – Progress Review & Action Plan

I grieve the progress review and action plan developed in my Performance Management Plan dated ________ (insert date).

Corrective action:

That the progress review be revised to ensure fairness towards myself;

That the action plan be rescinded immediately; and

That I be made whole.


Employee Rights - Mid-Year Performance Review

I grieve that the information contained in the Performance Management Assessment Mid-year review is not accurate. This information was not shared with me prior to the mid-year review as per Treasury Board Policy.

Corrective action:

That the incorrect information be removed from my Performance management mid-year assessment;

That appropriate TBS policies be followed; and

That I be made whole.


Employee Rights - Performance Evaluation

I grieve that the evaluation of my performance as contained in my performance evaluation dated _______ (insert date), is unjustified and unreasonable.

I grieve that my employer did not set appropriate standards of performance; the standards provided were not specific, measurable, attainable, relevant and/or trackable;

I grieve that the employer did not provide me with the necessary tools, training or mentoring required for me to meet the standards set in a reasonable period of time.

Corrective action:

That the evaluation of my performance be rewritten to accurately and fairly reflect my performance;

That the employer clearly communicate with me in writing the standards of performance that I am expected to meet;

That the employer provide me with specific, measurable, attainable, relevant and trackable objectives;

That the employer provide me with the necessary tools, training and mentoring required for me to meet the performance standards of my position, in a reasonable period of time; and

That I be made whole.


Pay


Pay - General

I grieve that the employer has violated Article ________ (insert Article #) – Pay Administration of my collective agreement by…________ (insert issue here. Remember to keep it simple and to the point. No arguments or examples.)

*For the PA agreement the correct Article for Pay Administration is Article 64; for the SV agreement, the Article is 61; for the EB agreement, it is Article 26; and for the TS agreement, it is Article 65.

Corrective action:

That my employer follow the directives of my collective agreement and, more specifically, Article ________ (insert Article #); and

That I be made whole.


Pay – Overtime

I grieve the employer’s decision to not provide me the opportunity to work overtime on ________ (insert date(s)), pursuant to Article ________ (insert Article #).

*For the PA agreement the correct Article for Overtime is Article 28; for the SV agreement, the Article is 29; for the EB agreement, it is Article 48; and for the TS agreement, it is Article 28.

Corrective action:

That I be paid compensation in the amount of ________ ( insert $ figure here); and

That I be made whole.


Pay – Stand-by Pay

I grieve that the employer willfully neglected Article ________ (insert Article #) - Standby Pay of my collective agreement.

*For the PA agreement the correct Article for Standby Pay is Article 29; for the SV agreement, the Article is 31; for the EB agreement, it is Article 29; and for the TS agreement, it is Article 30.

Corrective action:

That I be paid compensation in the amount of ________ (insert $ figure here) for Standby Pay owed; and

That I be made whole.


Pay – Call-back Pay

I grieve that the employer willfully neglected Article ________ (insert Article #) - Call-back Pay of my collective agreement.

*For the SV agreement, the Article is 30; for the EB agreement, it is Article 28 and for the TS agreement, it is Article 29. There is no article dealing with Call-back pay in the PA agreement.

Corrective measure:

That I be paid compensation in the amount of ________ (insert $ figure here) for Call-back Pay owed; and

That I be made whole.


Pay – Penological Factor Allowance

I grieve that the employer has violated Article ________ (insert Article #) of my collective agreement by not paying me at the highest security level of the relevant institution, as per the Article in question.

*For the PA agreement the correct Article for PFA is Article 58; for the SV agreement, the Article is 57; for the EB agreement, it is Article 25; and for the TS agreement, it is Article 60.

Corrective action:

That I be paid at the highest security level of the relevant institution retroactive to ________ (insert effective date); and

That I be made whole.


National Joint Council (NJC)

*The language for NJC grievances will not vary much, except for the name of the directive.

I grieve that the employer has violated my rights under the ________ (insert name of Directive) of the National Joint Council.

Corrective action:

That all provisions available to me through my collective agreement and in particular the NJC _________ (insert name of Directive) Directive be afforded to me; and

That I be made whole.


Term Employees

I grieve that the employer has not respected the Treasury Board Secretariat Term Employment Policy.

Corrective action:

That the employer renew my term as of (date) without a break in service;

Or that the letter of non-renewal of term employment be withdrawn and that I continue to be employed by the federal government;

That a priority list on a long term be created and that I be placed on this list;

That I be placed in either the same position or a similar position at the same group and level without loss of benefits or pay;

Or that I be placed in a vacant position within the department until I receive my indeterminate status without any loss of pay and benefits or break in service; and

That I be made whole.


Should you file a Phoenix Grievance?

While the government has announced that employees who have incurred financial expenses because of pay problems may submit a claim, USGE is still encouraging members who have been financially impacted by Phoenix to file a grievance as well, so as to protect their rights.

For those members who would like to file a Phoenix-related grievance, USGE recommends that upon filing their individual grievance that they have it held in abeyance until the government has finalized all of the Phoenix issues. If members are not reimbursed for all of their losses, then their grievance can be reactivated through the grievance process of their respective collective agreement.

To file a Phoenix-related grievance, it will be extremely important that members have all the necessary documentation to argue the losses that they have suffered. The documents include, but are not limited to: pay stubs, work records, receipts, bank statements indicating overdraft or other charges or penalties, credit card statements, letters from landlords indicating areas which will demonstrate:

  • What payments should have been made, in what amounts, and on what dates;
  • When payments were made, in what amounts, and when they were made;
  • How specifically the delay contributed to financial difficulties such as interest charges or penalties;
  • Employees efforts to seek priority payments from their departments must also be included in the documentation, with evidence of requests and evidence of any refusals.
  • For those citing the No Discrimination Article, the grievance documentation should establish clearly how the employer’s failure to pay on time and accurately is related to one of the prohibited grounds of discrimination.

Suggested Grievance wording:

  • I grieve that the employer has violated the Pay Administration Article (e.g. 65.02(a) in the PA Agreement), Appendix A-1 (or relevant pay appendix), and any and all other relevant articles of the Collective Agreement, related legislation, and policy including but not limited to the TBS Pay Administration Policy by failing to pay me accurately, on-time, or by repeatedly failing to pay me accurately and on-time for the work I have performed, as per the employer’s usual practice (i.e. bi-weekly, by direct deposit).
  • I grieve that the employer has failed to resolve my compensation issues by failing to pay me properly for the work I have performed.

If the employer’s failure impacts members in a group protected under the CHRA:

NOTE: Discrimination is an action or a decision that treats a person or a group negatively for reasons such as their race, age, gender, disability, etc. These specific reasons are known as “grounds of discrimination” and are listed under the No Discrimination clause of each Collective Agreement. Only grievances alleging discrimination because of one of the enumerated grounds contained in the No Discrimination clause may be referred to arbitration. By way of example, in order to substantiate a discrimination grievance regarding issues with pay, you will need to show that the reason you did not receive your pay was because of your race, age, gender or any of the other grounds enumerated in the No Discrimination clause.

  • The employer has violated the No Discrimination Article of the Collective Agreement and related policy and legislation including but not limited to the Canadian Human Rights Act by discriminating against me by the improper provision of pay and/or by failing to accommodate me on the basis of my disability.

Corrective Action:

  • I request that the employer compensate me immediately as per the Pay Administration Article (e.g. 65.02(a) in the PA Agreement), Appendix A-1 (or relevant pay appendix), and any and all other relevant articles of the Collective Agreement, related legislation, and policy.
  • I request immediate payment of any and all outstanding compensation that I am entitled to.
  • I request compensation for any losses suffered as a result of the employer’s actions or inactions.
  • I request payment of damages caused by the employer’s actions or inactions.
  • That I be treated with the full intent of my collective agreement , related legislation, and policy and that full redress be granted so that I be made whole.
  • I request any other redress deemed appropriate by an adjudicator.

For those claiming discrimination only:

  • I request damages pursuant to subsection 53(1) and 53(3) of the Canadian Human Rights Act.

For more information about filing a Phoenix-related, or other, grievance, please contact your Shop Steward or Local President.

(July 2017)