Management Grievance Process - Public Service Commission

Management Grievance Process

Policy
It is Government's policy to provide individual managers and non-bargaining unit employees with a mechanism to grieve perceived unjust or improper decisions taken by their immediate supervisors in matters of application of personnel policies.

Enabling Legislation
Treasury Board Directive 96-09 approved the proposed Guidelines to the Management Grievance Procedure. The Board authorized that Section 520.K.1 of the Personnel Administration Procedures be replaced with the following Guidelines for Management Grievances.

Guidelines for Management Grievances

Nature of the Grievance

Grievance may be submitted to the Chairperson of the Public Service Commission, in writing, with references to any perceived violation of the Personnel Administration Procedures with the exception of the following matters:

Hay Classification Appeals
Appeals with respect to individual Hay Classifications must be made to the Hay Classification Committee.

Classification Appeal Board
Appeals with respect to individual Classification Ratings of the Classification Compensation Division must be made to the Classification Appeal Board.

Management Performance Review
Appeals with respect to Management Performance Review Ratings must be made to the Management Performance Review Appeal Board.

Recruitment Complaints
Complaints with respect to job competitions must be submitted to the Chairperson of the Public Service Commission.

Conflict of Interest
Appeals with respect to conflict of interest must be made to the Commissioner of Member' Interest or to the court.

Redundancies

Grounds For Grievance

At every level of the grievance, the employee must submit, in writing, the specific grounds for the grievance. Grounds for the grievance must specify which section of the Personnel Administration Procedures the employee feels has been violated. The grounds stated in Level I of the Grievance Procedure will form the basis for subsequent level grievances. Employees may not modify their reasons for grievance once the Level I process has begun.

The Grievance Process

Where a management or non-bargaining unit employee feels aggrieved as the result of an immediate supervisor's decision with respect to the interpretation of the Personnel Administration Procedures, there exists the following Management Grievance Procedure:

Level I:	Within 10 working days of the action/decision in question, the employee must present the grievance, in writing, to the next level of management, up to and including the Departmental Assistant Deputy Minister (ADM). The ADM (or designate) has 15 working days in which to examine and attempt to resolve the dispute. Where differences cannot be satisfactorily resolved, the employee may proceed to Level II.
Level II:	The employee may submit, within 10 working days from receipt of the Level I decision, a written grievance to the Permanent Head. The Permanent Head may either appoint a Departmental committee, or review the matter personally .A decision upholding or modifying the original action/decision must be issued to the employee, in writing, within 10 working days of receipt of the grievance. If the grievance is denied at this level, the employee may proceed to Level III.
Level III:	Within 10 days of the decision of the Permanent Head (Level II), the employee may submit the grievance, in writing, to the Chairperson of the Public Service Commission and copy to the Permanent Head. The Chairperson will review the grievance with respect to the appropriateness of the submission to this process. If appropriate the Chairperson will request a case settlement conference whereby both parties will disclose all pertinent documentation and all information relating to the case. If this meeting does not result in a resolution/agreement of the situation, the Chairperson shall establish a Grievance Panel to hear the grievance. Members of the Grievance Panel must be from the Executive Pay Plan group except, when conditions dictate and the Public Service Commission agrees, a person(s) from outside the public service may be engaged to be a member of the Grievance Panel.

In cases of suspension and/or dismissal, the grievance may be submitted directly to Level III within 10 days of receipt of notification.

Grievance Panel Composition

The Public Service Commission will be the custodian of the Management Grievance Procedure with officials of the Executive Pay Plan to serve as Chair and Members.

Members of the Management Grievance Panel shall be from the Executive Pay Plan or Management Pay Plan, except in cases where the Public Service Commission agrees that conditions dictate that a person(s) from outside the public service be engaged to chair the grievance. A separate Management Grievance Panel will be established for each individual grievance.

Due Process

Due process in a Grievance Hearing means that the conduct of both the pre-hearing process and the hearing itself must be conducted in a manner that is fair to both parties (the employee and the Department). Hearings may or may not be oral. However, the following criteria must be present in all grievance hearings to ensure due process:

There must be no bias or perception of bias on the part of the panel member(s) in favour of one party over the other party.

Pertinent witnesses of both parties should be interviewed.

Both parties should be allowed to present information.

Both parties must be given the right of representation.

Both parties must be given access to documentation and evidence and given a chance to rebut them.

Both parties must have the right to present their information prior to findings and recommendations of the Grievance Panel.

Submission of Findings and Decisions

The Grievance Panel will submit its findings and recommendations to the Secretary of Treasury Board, the employee and the Permanent Head of the employee's Department within 10 days of the end of the hearing process.

Public Service Commission Contact

(709) 729-2581

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