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DATE: October 4, 2005
TO: Directors of Human Resources
c.c. Chiefs of Staff Relations Compensation Managers
SUBJECT: Value of a day Grievances
The purpose of this bulletin is to provide departments with direction to
resolve current grievances disputing the value of a day for employees who work a
variable schedule.
The Employer has always maintained the position that a day equates to 7.5 or
8 hours depending on the Collective Agreement applicable for the period and,
that non-earned leave entitlements (Family related leave, marriage leave,
volunteer and personal leave) should be of equal value irrespective of the
number of hours that the employee worked on a daily basis. As a result during
recent collective bargaining, new language has been included in a number of
Collective Agreements to convert days into hours and the subject should, in our
opinion, no longer be a matter of dispute.
Notwithstanding this, further to a PSLRB decision, Stockdale et Al
166-2-32069 as well as others, the Treasury Board Secretariat and the Public
Service Alliance of Canada have agreed to resolve all grievances that are
currently in the system through a Memorandum of Understanding (MOU) and that any
new grievance on the subject would be rejected uniquely on the basis of
timeliness.
All grievances regarding the definition of a day, which have already been
referred to adjudication will need to be reviewed by the Labour Relations
departmental representative and the Labour Relations and Compensation Operations
Officer of the Treasury Board Secretariat. When it is determined that a
settlement is warranted in favour of the grievor, a MOU will be prepared having
the Bargaining Agent, the employee, the Department and Treasury Board
Secretariat as party to the settlement.
Grievances on the subject held at a level in the departmental process, will
need to be reviewed on its merit individually with a Labour Relations
representative and the grievor and/or their representative. Should the situation
warrant it, the grievance would be resolved in the favour of the grievor at the
departmental level, through a MOU. (see sample attached)
Departments concerned and the bargaining agent will be contacted shortly by a
representative of the Treasury Board Secretariat in this regard to provide
further instructions on the method of resolution.
Departmental managers should direct any questions that they may have to their
corporate Compensation or Labour Relations officials who, if need be, can
contact the Labour Relations and Compensation Operations Section of the Treasury
Board Secretariat.
Original signed by
Hélène Laurendeau
Assistant Secretary
Labour Relations and Compensation Operations
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