Seeking a Balance

October 5, 2005

Memorandum: Definition of “Day” Grievances

Following months of discussions with Treasury Board, the PSAC has successfully settled the outstanding grievances which were filed by members on this issue.

This means that all grievances that were referred to adjudication, as well as those being held in abeyance in the departmental grievance process, will be settled in accordance with the principle of a “day is a day”.

This means that grievors will be credited back those hours they were required to use from their annual leave, compensatory or other leave banks, or who were required to take leave without pay or had wages recovered, when they requested a day of leave for family-related responsibilities, personal and volunteer leave and marriage leave.

As you know, the new collective agreements concluded with Treasury Board now specifically define the value of a day as it relates to leave for family related responsibilities, personal and volunteer leave, and marriage leave has been replaced by other leave.

How will the settlement process work?

For those grievances that are being held in abeyance in the departmental grievance process, Treasury Board has issued a communiqué to all departments to review all outstanding grievances dealing with the interpretation of a “day” as it relates to family related leave, volunteer leave, personal leave and marriage leave.

Members who have submitted grievances on this issue will be contacted by a departmental Labour Relations representative from the Department.

Where a valid grievance exists, the member will be asked to sign a Memorandum of Understanding, which will specify the terms of settlement. (A sample copy of the standard settlement agreement is attached for your information in PDF)  We expect that either a Local or Regional Union representative will sign the MOU on behalf of the PSAC given that we have already reviewed the terms of settlement. The grievor should keep a copy of all documents for his or her records.

Signing the MOU will be deemed a withdrawal of the grievance.

For those grievances which have already been referred to adjudication, they will be reviewed by the Treasury Board’s Labour Relations and Compensation Operations Officer. Again, all valid grievances will be addressed through a Memorandum of Understanding that the grievor will be asked to sign.

A letter to these grievors will come from the Representation Section, enclosing an explanation and a copy of the MOU for signature and return, after which the grievance will be withdrawn by the PSAC.

Grievors should follow up with their respective departments to ensure compliance with the MOU.

Please advise your locals of these developments.

If any questions or concerns arise during this process, please do not hesitate to contact the undersigned.

Jacquie de Aguayo
Coordinator, Representation Section
Collective Bargaining Branch