Canada Employment and Immigration Union -
March 15, 2010

Update for Service Canada members on work description, classification and acting pay grievances

Many members have been receiving third level replies to the acting pay grievances filed at the time of the introduction of the SMSM job grievances in 2008. This update clarifies why these grievance replies were issued and outlines our next steps regarding work description and classification cases.

Until 2007, the union had always recommended that grievors who had an issue with their job description or their classification file a trio of grievances – one alleging that the work description was incomplete or inaccurate, one alleging that the classification was incorrect and one alleging that acting pay was due to the grievor based on work performed.

The acting pay grievance was filed in order to protect the rights of grievors to retroactive pay in the event that their work description and classification grievances were successful.

However, the Public Service Labour Relations Board (PSLRB) changed the rules in 2007 through the Babiuk et al decision (2007 PSLRB 51). In that decision, the board ruled that, because the collective agreement states that acting pay is only paid in situations where employees were performing the duties of a higher position for a temporary period, acting pay grievances could not be successful if a position was reclassified. The retroactivity of a classification change is protected because the changes to the work description are dated when the work description grievance itself is filed. Therefore, in situations where we are arguing for a permanent change to work descriptions and classification, acting pay grievances are neither necessary nor relevant. After all, we want permanent reclassifications of SMSM positions, not just temporary payment.

The employer did not consult with us on the best approach to deal with the acting pay grievances related to the introduction of the SMSM work descriptions and that is not acceptable. We will communicate our displeasure to them in no uncertain terms.

Nonetheless, these replies do not affect our arguments on the work descriptions nor the process or possibility of positions being reclassified. These files have now been assigned to reps who will be in contact with grievors quite soon. We will shortly be sending out a bulletin as to the assignments and the time line we are working with to move these files forward.

Jeannette Meunier-McKay, National President

Steve McCuaig, NEVP



Search This Website

The Personal