AJC Files a Policy Grievance Asking that the Decision-Maker Be Present During Oral Hearings :: Association of Justice Counsel News
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July 7th, 2014
July 7th, 2014
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AJC Files a Policy Grievance Asking that the Decision-Maker Be Present During Oral Hearings

TB is the only department to not have the decision-maker present.

During recent AJC policy grievances, Treasury Board (TB) has changed it prior practice by sending a substitute without decision-making authority to hear oral submissions on policy grievances.

Following oral submissions, the decision-maker would render a decision based on the advice of those present on behalf of management at the oral grievance hearing without the benefit of hearing the bargaining agent's submissions first-hand. Past experience has demonstrated that key issues and facts raised during oral hearings were often missed or misinterpreted.  

At a time when the relationship between unions and TB is at an all-time low, TB appears uninterested in principles of natural justice.  It seems that TB is simply going through the motions.

TB is the only department to not have the decision-maker present.  

At a time where the emphasis is on performance management, improved efficiencies and greater accountability, the AJC fails to appreciate why such a practice is being adopted. The AJC is of the firm view that the decision-maker must be present at a grievance hearing.

Unfortunately, TB recently disagreed and the AJC has referred this matter to arbitration.  The matter is expected to be scheduled at some time in 2015.


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