An employee may file a grievance pertaining to the application of the collective agreement (with the consent of the Union), disciplinary action or a decision taken by the Employer. The only grievances that may be referred to adjudication are those regarding: 

• the interpretation of the collective agreement (with the consent of Public Service Alliance of Canada in its role as our bargaining agent); 

• financial penalty; 

• disciplinary action involving suspension, termination or demotion; or 

• deployment. 

When a number of employees in the same department or agency believe that their collective agreement has not been interpreted or applied correctly, they can ask the Union to file a group grievance on their behalf. 

Each of the employees seeking relief must sign a consent form, which makes it possible to deal more effectively with the dispute. As with individual grievances dealing with collective agreement interpretation, it is a requirement that the Union indicate its support for the group grievance to be dealt with. 

Group grievances may be referred to adjudication, with the consent of the PSAC, our bargaining agent. 

Only the Union or the Employer may file a policy grievance pertaining to interpretation or application of the collective agreement. They are automatically presented at the final level of the grievance process, with the consent of the Public Service Alliance of Canada as our bargaining agent. 

Policy grievances may be referred to adjudication, with the consent of the PSAC, our bargaining agent. 

Union representatives face many and varied issues at the workplace. Some are grievances and complaints from the membership. Others are problems with management and the labour-management process. Still others are to be found within the union movement itself. 

Whatever the problem, there is a common thread that a union representative must weave. They must first investigate the problem, and then develop a strategy or action plan. 

Here are the seven Ws essential to your gathering all the facts. Using these tips can save you a lot of grief! 

WHO: ‘Who’ is involved? 

Ensure you record the member’s full name, the employer, branch or division, section or unit, title and job classification. The name and title of the immediate supervisor and of anyone else directly involved should also be obtained. 

WHAT: ‘What’ happened that caused the violation? 

Was it an issue regarding the withholding of leave? Was it a safety issue? Was it disciplinary action? Was it the unfair treatment of a member? Is it an issue that you wish to bring forward to labour-management consultation? 

WHEN: ‘When’ is an important question, 

especially given the time limits in the grievance procedure. Include the pertinent times and dates, or how often and how long the act or omission took place. 

WHERE: ‘Where’ was the place the action occurred? 

Give exact locations if the event occurred in different places. Give the distance between locations, if it has a bearing on the issue. 

WHY: ‘Why’ describes the reason behind the grievance or complaint, or the reason you want an issue placed on an LMC agenda. 

Has there been a violation of either the collective agreement, an arbitral award or an Act of Parliament? Are employer policies, regulations or past practices at issue? This ‘W’ directs your attention to that something that has been violated and points you to the correct recourse mechanism that should be used. 

WANT: The ‘Want’ relates to the adjustments or corrective actions necessary to correct the injustice. 

In a grievance, it may be to place the aggrieved member in the same position he/she would have been in had the act or omission not occurred. Ask for redress in full in order to make the member whole — pay restored, files cleared, etcetera. If you want a departmental policy changed through the consultation process, say exactly what it is you want changed. 

WHOA!! Take another look. Review your case. 

Have you got all the facts you need to properly deal with the issue? Keep asking questions until you get everything you need! 

One last tip. When you have the answers, and the time comes to write your report, use the KISS principle — Keep It Short and Simple! 

Subject	Grievance Details	Corrective Action
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 57 (Statement of Duties) of my collective agreement.	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.	That my position be reclassified upwards to a higher classification level, effective from ____ [date]; and That I be made whole.

Subject	Grievance Details	Corrective Action
Written Reprimand	I grieve my employer’s letter of reprimand dated ________ [date] and any article, legislation, or policy that may apply.	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/deleted in my presence and/or that of my Union representative; and That I be made whole.
Suspension	I grieve my employer’s decision to impose a ________ [number of days] suspension received on ________ [date] and any article, legislation, or policy that may apply.	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  That I be made whole.
Termination	I grieve the termination of my employment effective ________ [date of termination] and any article, legislation, or policy that may apply.	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 be destroyed/deleted 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.
Rejection on Probation   *Rejection on Probation grievances should have evidence of discrimination and/or evidence that the rejection on probation was in bad faith. If a rejection on probation grievance includes evidence/allegations of discrimination, Article 19 from the PA collective agreement should be referenced in the grievance details and the member must have evidence of the discrimination	I grieve my rejection on probation effective ________ [date of rejection on probation] and any article, legislation, or policy that may apply.	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/deleted 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.

Subject	Grievance Details	Corrective Action
Duty to Accommodate	I grieve that the employer has violated article 19 of the collective agreement by failing to accommodate me to the point of undue hardship and any article, legislation, or policy that may apply.	That the employer cease discriminating against me on the basis of ______ [insert protected ground]. 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 the filing of this grievance will not prejudice me in any future dealings with my employer; That I be awarded damages and/or redress as deemed appropriate. That I be made whole.
Harassment (Linked to Discrimination on the basis of a prohibited ground)    *For potential harassment grievances linked to a prohibited ground, it is important for stewards to conduct a prima facie analysis regarding the allegations. Allegations should include Who, What, When, Where, etc.	I grieve that the employer has violated Article 19 of the collective agreement by not providing me with a harassment-free workplace	That the Employer cease discriminating against me on the basis of ________ (insert grounds you are claiming);     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 the filing of this grievance will not prejudice me in any future dealings with my employer;   That I be awarded damages and/or redress as deemed appropriate.   That I be made whole.

Subject	Grievance Details	Corrective Action
NJC  *Difference between NJC and CA provisions/application	I grieve that the employer has violated my rights under the ____ Directive [insert Directive name] of the National Joint Council.	That all provisions available to be through my collective agreement, and in particular the NJC _____ [insert Directive name] Directive be afforded to mel; and That I be made whole.