Handling a Grievance Information for Managers

Transcription

1 Handling a Grievance Information for Managers Background The Civil Service Collective Bargaining Act makes provision for the establishment and application of a formal grievance procedure within the civil service. This procedure is subject to negotiation and is included in detail in the current Civil Service Master Agreement. The purpose of the procedure is to provide an orderly and efficient process for the resolution of employee issues. The Complaint Before a written grievance is filed, the employee who feels that he/she has been treated unjustly or consider himself/herself aggrieved by any action or lack of action by the Employer shall first discuss the matter with his/her supervisor/manager no later than twenty-five (25) work days after the date the employee became aware of the action or circumstance. The Employee has a right to have a Shop Steward present if he/she so desires. It is the responsibility of the supervisor/manager to attempt to resolve complaints before they become written grievances. The response time for this informal/complaint stage is two (2) days (the response does not have to be in writing). The Grievance Procedure The grievance procedure may move through four designated levels of review: 1. Manager (Excluded level) 2. Upper management position (varies among departments) ex: Director, Executive Director 3. Deputy Minister (can be formally delegated to another employee in his/her department in accordance with the Civil Service Act the employee delegated shall not be the same employee as the Step 2 representative) 4. Adjudication (if the grievance deals with an arbitrable item as defined in Civil Service Collective Bargaining Act) Job Posting Grievances Where the step 1 grievance relates to the outcome of a job posting process, upon request by the Union, the Employer shall provide all the records generated in the evaluation and assessment of applicants and the selection of the successful applicant(s), including interview questions, correct answers, notes of interviews, interview scores and recommendation of the interview panel.

2 Except in relation to the grievor, names, contact information and other identifying information of all applicants and third parties shall be redacted, to the full extent possible, prior to provision of the information. The Union may review the information with the grievor but shall not provide the grievor or any other employee with a copy of the information. The redacting will be completed by the Employee Relations and Benefits Division of the Public Service Commission. When the Union requests a competition file as part of a step 1 grievance a copy of the file and a copy of the grievance, shall be sent to the Employee Relations and Benefits Division for redacting. The Employee Relations and Benefits Division will send the redacted file to the appropriate Union representative. Policy Grievances Policy grievances are filed directly with the Employee Relations and Benefits Division of the Public Service Commission. Policy grievances are filed where there is a dispute over the general interpretation of the agreement. For example a dispute over the calculation of overtime that has the potential to impact a large number of bargaining unit employees. The Written Grievance To effectively investigate a grievance, the manager must identify and clearly understand the issue. Because of his/her closeness to the working level and direct day-to-day contact with employees, the manager is best located in the organization to investigate and resolve complaints. This should be done in consultation with Human Resources. Gathering the Facts 1. Before undertaking any steps, put in writing a clear, concise statement of the issue(s) involved. Include who, what, when, where and why. Does it concern an individual or a group of employees? 2. Investigate the exact details surrounding the issue. Consult with Human Resources before commencing the fact finding. Relate the facts discovered to the appropriate provisions of the agreement or directives issued by the Employer. Examine the relevant contract provision or directive. Make sure that the interpretation of the contract provision(s) is correct. Verify the interpretation with the appropriate Human Resources representative. 3. Try to ascertain the underlying cause that may have precipitated the grievance. The real cause of dissatisfaction may be something apart from the grievance. 4. Meet with the employee and/or the employee s representative. This will allow the employee and/or representative to present a full explanation of the circumstances

3 surrounding the grievance. This is a formal meeting. There should be two management representatives present. An HR Consultant, HR Manager or HR Director may attend as a management representative. It is important that notes are taken and include a list of the attendees and a record of the conversation. Assessing and Responding to the Grievance 5. Determine whether the matter constitutes a grievance. The decision should be consistent with the agreement. Consult with Human Resources in making this determination. If the issue is not a grievance it should be denied. Even if the issue is not a grievance a problem may remain unresolved. The manager, in consultation with Human Resources, should try to get to the root of the problem to prevent it from continuing or developing into something more serious. 6. Consult with Human Resources regarding the wording of the written response. A template is attached to this document. Timelines Establish whether or not the grievance was filed within the prescribed time limits in accordance with article Grievances, article Grievance Procedure and article Union Referral to Adjudication Informal Step (25 days for Employee to refer; 2 days for Employer to respond) Step 1 (10 days for Union to refer; 5 days for Employer to respond) Step 2 (5 days for Union to refer; 10 days for Employer to respond) Step 3 (5 days for Union to refer; 15 days for Employer to respond) Adjudication (90 calendar days forunion to refer) If the grievance was not filed within the timelines this may be sufficient reason for rejection. However, the union has the right to proceed to adjudication and argue that the grievance ought to be heard in any event. The Employer in turn would argue that the grievance has been abandoned and is out of time. Grievance Progression Whenever a grievance is passed to a higher level, it should be accompanied by a dated written memorandum containing all the facts including: a summary statement of the grievance a summary of those facts relevant to the grievance the decision on the grievance the reason for the decision all pertinent information Corporate Employee Relations Consultants are responsible for providing advice and assistance to HR representatives and departments on all grievances and should be consulted as appropriate.

4 References Civil Service Master Agreement Civil Service Collective Bargaining Act Civil Service Act Enquiries Human Resources Unit, Public Service Commission Appendices Appendix Grievance Formal Response Template Last updated December 5, 2014

5 Date ERO Name Employee Relations Officer NSGEU 255 John Savage Avenue Dartmouth, Nova Scotia B3B 0J3 Re: Grievance of - Union File # Dear : I m replying at the step in the grievance procedure. The grievance was received at step on (day, month, year) Include any fact specific circumstances as appropriate If the grievance is denied: I have considered the matter and in my view there has been no violation of the Civil Service Master agreement between the Province of Nova Scotia and the Nova Scotia Government and General Employees Union. The grievance is therefore denied at Step. If the grievance should be allowed: Please speak to your HR Representative regarding next steps prior to responding. Yours truly, TBD Cc: Appropriate HR Representative