What Tony Clement Won't Tell You: C-4 Will Overcomplicate the Grievance Process :: Association of Justice Counsel News
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November 15th, 2013
November 15th, 2013
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What Tony Clement Won't Tell You: C-4 Will Overcomplicate the Grievance Process

This duplicated and multiple processes will increase the costs relating to a dispute resolution. Why this unnecessary waste of Canadians money?

Wonder how the government's omnibus budget Bill C-4 will really affect federal employees?
After a careful review of Bill C-4, the omnibus Budget Implementation Bill, the Association of Justice Counsel (AJC) discovered many surprises that jump off the page.

Today, the AJC publishes another 'vignettes' capturing some of those surprises we found (or, if you will, traps set up by the Harper Government to weaken federal workers and gut public sector unions).

C-4  Will Overcomplicate the Grievance Process

Under the current Public Service Labour Relations Act (PSLRA), the AJC can file a policy grievance with Treasury Board and request a remedy that will have retroactive effect and which will benefit the whole of the membership.  Under the proposed amendments introduced by Bill C-4, the government will remove the adjudicator´s authority to grant a remedy in response to a policy grievance that has retroactive effect despite the fact that the actions taken by the employer or departments may have been in violation of the collective agreement.  
As a result, the government has overcomplicated the grievance process forcing bargaining agents to file multiple grievances.  
More specifically, in order to protect the rights of its members, bargaining agents will be required to file:
- a policy grievance with Treasury Board for a decision in relation to the interpretation and application of the collective agreement as only Treasury Board has this exclusive employer right under the Financial Administration Act; and
- several individual or group grievances with each of the departments involved in order to secure and ensure that an adjudicator can in the case of a violation to the collective agreement, award a remedy with retroactive effect.  Those who do not sign such individual or group grievances will not reap the benefits of any potential settlement or arbitral ruling.


This duplicated and multiple processes will increase the costs relating to a dispute resolution. Why this unnecessary waste of Canadians money?

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If you're an AJC member who opposes these attacks on democratic rights contained in Bill C-4, please forward this letter to your local MP and please cc: admin@ajc-ajj.com

And if you're a concerned Canadian who believes in protecting your rights (once they are done with the employees of the public sector, you, as a private sector employee, will be the next target), you can also forward this letter to your local MP.

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