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Published by the Communications Section July 2008 [Link]

Table of
CONTENTS INTRODUCTION
Many organizations are hesitant to accept unions in
INTRODUCTION 1 their workplace, perhaps fearing that the cost will be
REASONS FOR HAVING A UNION 3 too high. However, history has demonstrated that
while it does cost employers some money when their
THE INSTITUTE STEWARD 5 employees are unionized, the benefits far outweigh
GRIEVANCES 13 these costs. Working conditions were bleak in the
1800's. Thankfully, they have changed dramatically
THE GRIEVANCE PROCESS 20 over the past 150 years due, in great part, to the unions.
THE GRIEVANCE FORM 26 Since their inception in Canada, unions have played an
THE GRIEVANCE INVESTIGATION 30 important role in the socio-economic development of the
country. Many issues have been resolved through
GRIEVANCE FILE DOCUMENT CHECKLIST 32 consultation and collective bargaining between unions
GRIEVANCE FACT SHEET 34 and employers over the years. Others, such as the fact
that women were being paid less than men while
DUTY OF FAIR REPRESENTATION 38 performing work of equal value, had to be resolved
TRAINING FOR STEWARDS 39 through legal challenges.

OCCUPATIONAL SAFETY AND HEALTH 42

THE CONSULTATION PROCESS 46
HARASSMENT AND DISCRIMINATION 49
EMPLOYMENT EQUITY 56
INSTITUTE STAFF 58
PIPSC ORGANIZATIONAL STRUCTURE 60
UNION BENEFITS 61

1
 Many important subjects have been raised by unions REASONS FOR HAVING A UNION
through the years. The Institute was instrumental in
bringing the need for whistleblowing legislation to the While the media seem to only talk about unions when
attention of the public and this has led to departments there is strife in the workplace, no one seems to
being far more accountable for their funds and remember all the positive things that unions have
their actions. accomplished through the years. One only has to look
This Pocket Guide for Stewards was developed by the at history to realize that workers in the late nineteenth
Member Services Committee. It complements your and early twentieth centuries were working under
Steward Manual. Please keep it with you at all times, appalling conditions. Twelve-hour days, seven days
as it may provide you with help when dealing with a week were not unheard of.
colleagues or employers.
If you have any comments or suggestions for the Pocket THE JOY OF LIFE WITHOUT UNIONS
Guide for Stewards, please send them to the Steward Did you know that...
Coordinator at the PIPSC National Office. • In most of Canada in the 19th century, unions were
considered criminal conspiracies in restraint of trade.
In 1816, the province of Nova Scotia passed a law
that provided a three-month jail term for merely
entering into a union contract.
• Well into the 20th century, it was legal for employers
to require prospective employees to sign “yellow
dog” contracts which barred employees from union
membership and forced them to resign if they had
already joined a union.
• Most Canadian private sector workers did not enjoy
the legal right to join unions, bargain collectively
and strike until 1944 - nine years after their
American counterparts and about four decades
after their Swedish and Danish counterparts.
It would be more than another quarter
2 3
 century before most Canadian public sector workers • Over the past two decades, union-supported business
enjoyed collective bargaining rights. Prior to 1967, ventures, particularly in the province of Québec, have
federal public service employees were not allowed been responsible for creating and saving thousands
to unionize. of jobs.
• In late 19th century factories, strict production quotas • If you are a unionized worker and file a grievance
were often enforced through fines and beatings. against what you perceive as arbitrary dismissal,
you have a better chance of getting your job back
• During the Great Depression, workers often had to than if you were non-unionized, as most non-
bribe their way into even low-paying menial jobs in unionized workers enjoy virtually no protection
auto plants. against arbitrary dismissal.
• The Canadian labour movement has worked hard
WHAT UNIONS HAVE GIVEN US to bring in affirmative action, pay equity, anti-
Did you know that... discrimination legislation and other human rights
• We owe the two-day weekend mainly to unions. measures that benefit all Canadians.
Before collective bargaining became widespread,
the 5 1/2 day week was the norm in Canada.
THE INSTITUTE STEWARD
• Before there were public libraries and cultural centres,
union halls served as libraries, forums for public What is a steward?
lectures and seminars, and venues for a broad range
of educational and cultural activities. The union By virtue of legislation and individual collective
tradition of adult education has continued to this day. agreements, stewards are the official representatives of
the Institute in the workplace and as such represents
• It’s largely thanks to unions and their participation
in the political arena that Canadians have publicly-
UNION TRIVIA
funded medical care, employment insurance,
public pensions, and other worthwhile social According to the Guinness Book of World Records, the
programs. longest work week ever was 142 hours, worked by
an English doctor in 1980. This left him with 3 hours
• Canada’s unions played a pioneering role in the 42 minutes and 51 seconds per day to eat,
development of an occupational health and safety sleep, watch television and hang out...
program.
4 5
ALL Institute members, including non-members covered What are the responsibilities
by the collective agreement (known as Rand members), of a steward?
within a specific area of jurisdiction. They deal as • attend training offered by the Institute
equals with the employer and provide a channel of
• promote the Institute to the members
communication between the members, management
and the Institute. • act as Institute representative in dealings with
the employer
Stewards assist in the interpretation and promotion
of Institute policies and programs, act as advisors • assist in solving members' work-related problems
to members and should be the first contact with • communicate members’ concerns and issues to the
the members on behalf of the Institute. PIPSC regional office staff and the employer
• support and participate in labour actions as required
What is a Rand member?
Employees belonging to a bargaining unit who do not The steward's most important responsibility is to ensure
want to apply for membership are RAND members. that the provisions of the collective agreements are
They are nonetheless required by legislation (a ruling by followed by the employer. The steward deals with
Justice Ivan C. Rand in 1946) to pay union dues, as they member complaints, advises, assists and may represent
benefit from the collective agreement negotiated by the members on the processing of a grievance, provides
union on behalf of the members of the bargaining unit. information to the membership on a variety of activities
and issues, and represents members in meetings with
Are there categories of Stewards? management.
No. There is only one category of stewards.
What are examples of steward duties?
Stewards - volunteers who wish to become engaged
in one or another of the facets of representing members Day-to-day activities
to management and who have taken the basic training • assist the members in solving workplace problems,
course. A member who has signed an application form including handling complaints which may lead to
to become a steward, will become a steward-in-waiting grievances
until he/she completes the basic steward training
• being aware of Institute policies, programs
course. Upon completing this course, the steward-
and positions
in-waiting will be appointed as a steward.
6 7
• circulate information intended for Institute members Duties during the collective
• keep bulletin boards for Institute use in the workplace bargaining process
updated with current information • organize phone networks or e-mail groups for the
• know where to obtain answers to questions regarding dissemination of information
the workplace and the collective agreement as well • encourage members to attend preparation meetings
as questions on terms and conditions of employment and fill out questionnaires
not contained in collective agreements • keep members informed of developments at the
• meet new employees and tell them about the bargaining table through meetings or e-mails
Institute • understand the bargaining process and applicable
• encourage new employees and Rands to become dispute resolution mechanism (strike, conciliation
members or arbitration) so as to be able to answer
member questions
• be aware of the concerns of the members in the
workplace, and communicate those concerns to • encourage members to take part in job action
the relevant elected officials, stewards and/or staff if required
• ensure all members have received a current copy • organize meetings to explain the terms of a new
of their collective agreement from the employer tentative agreement and encourage members to vote
and understand it • during the life of the collective agreement, keep track
• represent the Institute views at union/management of grievances as these may provide insight in future
consultation meetings bargaining rounds
• keep members informed about issues on which
the Institute has voiced an opinion Participation in workplace committees
• Departmental/Agency Consultations
• Occupational Safety and Health (OSH)
• Employee Assistance Program (EAP)
• Harassment
• Employment Equity

8 9
 Are stewards required adversarial nature of the collective bargaining process
to take training? must be preserved. There must be a recognition that
Members who have applied to become stewards once employees assume union responsibilities, their
must attend the basic steward training session offered status changes drastically. A steward must be able to
through their PIPSC regional office prior to being present the union’s positions assertively. To deny this
officially appointed. Stewards are then encouraged protection would be to stifle the legitimate union
to attend advanced training courses to increase their representation of employees in the workplace.
knowledge and improve their skills in a number of
work-related areas. How are steward applications
If a steward is a member of an Occupational Safety and approved?
Health Committee or a Union Management Consultation Group Executives have the responsibility of approving or
Committee, he/she must commit to taking advanced rejecting steward applications. If the Group Executive
training on this topic as soon as possible. Stewards approves an application, the Institute President has the
who fail to do so could be forced to resign from the ultimate responsibility of appointing (or not) the steward.
committee as they would no longer have the support Once the appointment is confirmed, a letter is sent to
of their union. the employer informing them of the name of the
steward as well as his/her area of jurisdiction.
The Institute strongly recommends that members sitting
on OSH committees become stewards. However, a
resolution adopted by the 2002 PIPSC Annual General How long is the term of a steward?
Meeting stated that this is not mandatory. This being A steward is appointed for a term of up to three years
said, members sitting on OSH Committees must attend which is renewable.
the training offered by the Institute.
How is stewardship renewed?
Do stewards have immunity All stewards will receive a renewal form in late August
from discipline? of the year in which their stewardship expires. On this
Union officials are generally protected from discipline for form, the stewards will be required to indicate the
making statements against their employer provided their activities in which they have taken part over their
comments are made in the course of their union duties. last term. These forms will be returned to the
The reason for this protection is clear: the integrity of the PIPSC Steward Coordinator.

10 11
 The presidents of each constituent body (Sub-Group, GRIEVANCES
Branch and Region) will be sent a list of all stewards
in their jurisdiction whose stewardship is expiring, along What is a grievance?
with a copy of the signed renewal forms. They will be
asked to provide input on the potential renewal of A grievance is a complaint in writing about any
those stewards and to send their approval or objections, employment-related matter.
in writing, to the Institute Steward Coordinator.
What is meant by “obey first,
The PIPSC Steward Coordinator will send, to the grieve later”?
president of each Group (or chief steward where
applicable), a list of all stewards in the group whose Jurisprudence has established that employees have a
stewardship is expiring, along with a copy of the duty to obey a supervisor’s order or decision even if they
completed renewal forms and any comments received disagree and wish to grieve. They are to obey first, and
from the other constituent bodies. Group presidents grieve later.
(or chief stewards) will be asked to provide their Exceptions to this rule have been accepted in special
recommendation on the renewal of those stewards. circumstances such as refusal to work for fear of
If the renewal of the stewardship is approved, the endangering one’s health or safety or being ordered
steward will receive a new steward card and certificate to perform an illegal act. Prior to refusing to perform
early in the new year. If the renewal of stewardship a task based on these grounds, an employee should
is denied, the steward will be so advised and will be always explain clearly his motives and take steps to
invited to contact the appropriate Group Executive contact PIPSC staff as early as possible.
to obtain further details should they wish to do so.
Is it necessary to file
a grievance in the case
of a complaint or a problem?
UNION TRIVIA No. It is often advisable to attempt to resolve a problem
The biggest strike in Canada was the Québec General informally prior to resorting to the grievance process.
Strike, in April and May 1972. Almost 300,000 workers Many collective agreements provide specifically for
took part. Thirteen hospital union officers and three informal resolution of conflicts. In many agreements
important union leaders received jail terms and fines. timelines can be frozen while the parties
attempt to resolve issues informally even
once the grievance process has begun.
12 13
 Types of grievances under the Public Is PIPSC permission required
Service Labour Relations Act to file a grievance?
The Public Service Labour Relations Act (PSLRA) PIPSC permission is required if the grievance pertains
distinguishes between three types of grievances: to a violation in the application or interpretation of the
individual grievances as well as group grievances and collective agreement (i.e. vacation, pay, overtime, etc.)
policy grievances that the bargaining agent may submit. A steward and/or staff person should always assist the
member in preparing the wording for this type of
A group grievance has to deal with the interpretation grievance. These grievances require the signature
or application of a collective agreement. Although of a PIPSC representative.
submitted by the bargaining agent, a written consent
form - identified as Form 19 - needs to be signed by PIPSC permission is not required for problems not
each employee who supports the grievance and must related to the application or interpretation of the collective
be submitted along with the grievance. agreement such as inaccurate performance appraisals,
A group grievance must relate to employees in the discipline, office moves or reorganisation of duties.
same department or agency. However, it is recommended that advice be sought
from a PIPSC representative prior to filing a grievance.
A policy grievance is limited to the interpretation of the
collective agreement generally. It can be submitted both What is adjudication (or arbitration)?
by the employer or the bargaining agent. The procedure Adjudication is the process whereby a grievance that
is limited to one level only. has been unresolved at the final level is referred to a
third party for resolution. In some jurisdictions, this
A steward is not entitled to sign a policy or group
grievance form on behalf of PIPSC. In the latter case, process is called arbitration.
the grievance needs to be signed by an Employment
Relations Officer whereas a policy grievance needs to Can all grievances be heard by
be endorsed by the PIPSC National Office and bear the a third party?
signature of its General Counsel. It depends on the jurisdiction. Under the Canada
Labour Code, all matters may be referred
to arbitration. Under the Public Service

14 15
 Labour Relations Act (PSLRA), only three categories Under the PSLRA what are typical
of grievances may be referred to adjudication: examples of adjudicable and
• grievances dealing with the application or non-adjudicable grievances?
interpretation of a collective agreement
or arbitral award Adjudicable Non-adjudicable
• job content • performance
• grievances concerning discipline resulting in a appraisals
grievances
suspension, financial penalty or termination in
certain cases • denial of terminable • letter of reprimand
allowances • office size
• since April 2005, the PSLRB may apply the
Canadian Human Rights Act • errors in pay • verbal reprimand
• denial of leave • relocation of office
Is PIPSC approval required to proceed • cash out of vacation • classification
to arbitration or adjudication? leave credits grievances
PIPSC, as the bargaining agent, retains the authority to • 3-day suspension
refer to adjudication/arbitration all matters pertaining • recovery of alleged
to the interpretation or application of the collective overpayment
agreement.
• denial of
In disciplinary cases, the member can refer on his call-back pay
own. However, if PIPSC is to provide representation,
the referral should be channelled through its • demotions,
terminations
representational services.
for unsatisfactory
A staff member should always be involved in the performance, and
drafting of these grievances. deployments
Representation is a two-way street. Members have (under certain
circumstances)
the duty to collaborate with the representative if the
representative is to be successful.

16 17
What is an NJC grievance? Can a member grieve the fact that he
Employees working for certain federal employers or she did not win a competition for
are covered by some or all National Joint Council a position?
(NJC) Directives. These directives cover a variety Employees who are subject to the Public Service
of benefits such as Travel, Isolated Posts, Official Employment Act (PSEA) cannot use the grievance
Languages and Relocation and form part of the process as the legislation provides for a complaint
collective agreement. The application or procedure under the Public Service Staffing
interpretation of these directives is both grievable Tribunal. PIPSC may represent complainants before
and adjudicable despite the fact that the grievance the Staffing Tribunal. This process primarily applies
process is different from the regular grievance to employees of the federal Treasury Board.
procedure. Should you believe that a grievance Employers not subject to staffing legislation
is an NJC grievance it is advisable to contact the (e.g. Canada Revenue Agency) normally have an
PIPSC regional office staff for guidance. internal redress mechanism to deal with staffing
decisions. They may even have a form of
independent third party review of staffing decisions.
What is a classification grievance? Nevertheless, there may be circumstances when
A classification grievance is a written complaint an employee of such an employer should use the
against management’s classification of a position. grievance process, especially if there is staffing-
Under the PSLRA this type of grievance is not related language in a collective agreement.
adjudicable and has its own procedure. Should Only when there is staffing-related language in
a member want to file a classification grievance, a collective agreement can a staffing grievance
he should contact PIPSC regional office staff be referred to adjudication by a labour board.
for advice. A steward should contact PIPSC staff to ascertain
A grievance against the content of a job description what the appropriate staffing redress mechanisms
is not a classification grievance, but a staff relations are in the steward’s area of jurisdiction.
grievance which is normally adjudicable under
the PSLRA. It is important to verify the respective
collective agreement and to contact staff to ensure
that proper advice is given to the member.

18 19
 THE GRIEVANCE PROCESS If the employee is not satisfied with the response,
the grievance can be transmitted to the next level.
Is the grievance process the same in This process is repeated until either the employee is
every collective agreement? satisfied with the response, drops the grievance or
reaches the final level of the procedure. There are
No. The grievance process is not always the same
usually between two and four steps in grievance
depending on the jurisdiction and the bargaining unit.
procedures. Should the employee still not have received
This is why it is critical that the collective agreement of
satisfaction after the final level, the grievance may be
the potential grievor be verified prior to providing advice
transmitted to adjudication, providing the grievance is
or submitting a grievance.
adjudicable and that the union supports the grievance
in the case of a misapplication or interpretation of the
How does the grievance collective agreement.
process work?
Despite the fact that the details of grievance procedures What normally happens at
may vary by bargaining unit, the general principles are a grievance hearing?
quite similar. The grievance hearing is normally held in person,
A grievance is submitted in writing to management. but sometimes the hearing occurs by conference
Upon receipt of the grievance the employer schedules call. Usually a staff relations officer will accompany
a grievance hearing. A management representative the manager hearing the grievance.
will hear the grievance which is normally presented by The member is usually represented by a steward or
a union representative in the presence of the grievor. member of PIPSC staff. The grievor, through the
After a prescribed period of time the employer is representative, will present the arguments and facts in
expected to provide a response or decision concerning support of the case. It is important to present accurate
the complaint. information rather than hearsay or anecdotal evidence.
Discussions during the hearing are privileged thereby
UNION TRIVIA providing the parties an opportunity to discuss the
On May 1, 1986, a million black children in South issues openly. At lower levels, more often than not,
Africa stayed home from school in support of a the hearing is informal and the parties jointly
general strike of black workers. attempt to find solutions to the problem.

20 21
 In most cases the employer will not immediately are prescribed in collective agreements. As these
respond but will reserve comments for the written timelines can vary, verify each collective agreement
response. The employer’s response can be very brief. specifically.
At a minimum the response should indicate whether
the grievance is upheld, partially upheld or denied. What happens if the PIPSC
The grievor should never meet alone with the employer representative is not available until
and notes of the meeting should be taken by the grievor after the grievance hearing deadline?
or the representative at each grievance meeting and It is not unusual for the parties to agree to extensions
these should be kept as part of the grievance file. to either hearing dates or response deadlines due to
The employer’s reactions, comments or documentary scheduling problems. These extensions have to be
evidence, if provided, should be recorded or kept. mutually agreeable and should be confirmed in writing.
Failing such agreement, the deadlines have to
What is the time frame for submitting be respected.
a grievance?
Specific time frames are outlined in each collective What if a response is not received
agreement. The time frames may or may not include within the prescribed deadlines?
weekends, therefore, always verify the respective If a response is not sent within the prescribed deadlines
collective agreement as this deadline has to be complete a transmittal form and submit it to the next
respected. It is this deadline date that sets the time level. It is also recommended that you verify with
limits for the first hearing date and determines if the the PIPSC Regional Office in case an extension to
grievance is within time limits. the deadline has been agreed to and you have not
been notified.
How is a grievance submitted to
the next level?
When a grievor is not satisfied with the grievance
response and wishes to proceed to the next grievance
level, a transmittal form must be signed. A transmittal
form must be signed every time a grievance is
transmitted to further levels. Specific time deadlines

22 23
 A grievor has been offered mediation Is a steward entitled to leave with pay
as a means of attempting to resolve during the grievance procedure?
the grievance. What is mediation? Most collective agreements provide for leave with
Can we do this during the grievance pay for the steward to assist an employee in the
process? What happens to presentation of a grievance. The steward should also
the deadlines? be provided leave with pay to prepare for meetings
Mediation is a voluntary process whereby the parties with management, including grievance hearings.
in dispute utilize the services of a neutral third party Collective agreements may differ with respect to this
to attempt to resolve the issue. It is not uncommon to issue therefore it is recommended that the steward
be offered the opportunity to refer unresolved issues verify his or her collective agreement.
to mediation. Many collective agreements contain
language freezing grievance deadlines where the parties What are the responsibilities of the
are attempting to resolve problems informally and the Steward during the grievance process?
PSLRA encourages parties to a grievance to avail • Keep the Institute and the grievor informed of the
themselves of mediation. Should the process not be progress of the grievance and provide the Institute
successful, the grievance process continues. Mediation with copies of all documents.
is a voluntary process therefore neither the employer • Keep the grievor informed of the procedure at each
nor the member is obligated to participate. step as the grievance is transmitted and always
ensure the grievor is in agreement with an extension
Who hears the grievance? or postponement.
For every step in the grievance procedure, as described • Ensure that applicable timelines are respected.
in the collective agreement, the employer will have • Do not commit the Institute beyond your limits or
assigned a specific management representative. It is responsibility (or comfort level) without speaking to
the employer’s responsibility to post the names of these the regional office staff.
representatives in each work site. • Do not settle a grievance while in doubt or without
the member’s consent. Advice is always available.
• Do not make informal arrangements which violate the
contract or infringe on employee or union rights.

24 25
 Can a member decide not to proceed Where can I obtain a grievance form?
with a grievance once it is submitted? Grievance forms are available at most Human Resource
Yes. A member can either abandon or drop the or Personnel offices and at all PIPSC offices. The PIPSC
grievance if he or she does not wish to proceed with it. Web site (Steward page) also has electronic versions of
Confirmation of this decision is normally in writing and the Treasury Board and the CRA forms.
either the representative or the grievor can advise
management. It is strongly recommended that the What information has to be included
employee advise the representative as soon as such when filing a grievance if we cannot
a decision is made. find a grievance form prior to the
grievance submission deadline?
THE GRIEVANCE FORM What is most critical is to submit the grievance.
Do not worry if you do not have a form. There are five
Does a grievance have to be presented key components to a grievance form and as long as
on a grievance form? the required information is provided you will not have
The complaint is normally presented on a grievance any problems. The key components are:
form, however, this is not mandatory. The only • Grievor Identification
requirement is that it be submitted in written form
and that one form or written complaint be submitted • Statement of grievance
for each grievance. • Corrective action required
If you do not have a form make a few copies of the • Union approval (if required) and member signature
written complaint and ensure that the manager provides • Management signature and date (official receipt)
you with at least two copies of the document after it has
been signed.
What needs to be included in the
Grievors who support a group grievance, as per the
statement of the grievance?
PSLRA, need to fill out and sign a consent form
identified as Form 19. It is advisable that stewards consult with PIPSC staff
when completing the grievance to ensure that no critical
information has been overlooked.

26 27
 The grievance statement must include a description of regional office for advice from staff. Do not forget to
the grievable incident or decision, the date the grievable ensure that the grievor signs the form or statement.
incident occurred, and the reason for the grievance,
including the articles of the collective agreement or A steward is not entitled to sign a policy or group
policies which have been violated. Be concise, clear grievance form on behalf of PIPSC. A policy grievance
and do not write more than is necessary. needs to be signed by an Employment Relations Officer
whereas a policy grievance needs to be endorsed by
the PIPSC National Office and bear the signature of its
What needs to be included in the General Counsel.
corrective action section?
This section needs to reflect exactly what redress by
Who is the grievance form
management would make the grievor whole again.
submitted to?
Examples include pay adjustments (including retroactive
payments), restitution of leave credits, destruction of The grievance is usually submitted to the first level
documents, adjustments to performance appraisals, supervisor of the grievor. It can also be presented to the
reinstatement after discharge, reduction or retraction staff relations officer. The management representative
of a suspension or any other action required to correct needs to sign and date the form indicating official
the injustice stated in the grievance statement. receipt and return the appropriate copies to the grievor
The corrective action should be consistent with the and the union representative. Should this be the steward
statement of grievance. It is highly recommended it is important that all documents be kept for transmittal
to seek advice from PIPSC staff when preparing this to the person presenting either the grievance at a
portion of the grievance form. higher level or presenting the grievance at adjudication.
A copy of the original grievance will be needed to refer
the matter to adjudication or arbitration.
As a Steward, can I sign a
grievance form? A transmittal form is submitted in the same fashion.
As a steward, you are an official PIPSC representative
and as such you can sign individual grievances. Please
note that if there is any doubt as to whether or not the
grievance concerns the application or interpretation of
the collective agreement, you should contact your PIPSC

28 29
 THE GRIEVANCE INVESTIGATION • What is the employer`s anticipated response and
counter argument?
What does a representative need to do • Would mediation be appropriate?
to prepare for a grievance hearing?
The representative needs to gather all relevant The arguments should be prepared in advance of the
information in order to put forward a convincing hearing in cooperation with the grievor.
argument at the hearing. The grievance file will need to be sent or copied to the
respective regional office for representation if they take
The following needs to be ascertained: over the grievance
• Who is involved? (Grievors, witnesses, supervisors) A grievance fact sheet and a grievance file document
• What happened? (Description of the incident checklist may be used when filing or investigating
or situation) a complaint.
• When (exact dates and times) did the incident or
situation occur or when did the grievor realize he/she
was aggrieved?
• If applicable, where did the incident occur? (exact
location; department, or elsewhere in the workplace)
• Why is this a grievance? (violation of collective
agreement, policy or other)
• What corrective action is requested?
• What documentary evidence exists? (e-mails, pay
stubs, time sheets, correspondence, policies, etc.)
• Are there any precedents which could support the
case? (jurisprudence, past practice, policies). UNION TRIVIA
(Contact the Negotiator or Employment Relations The earliest recorded strike took place in Rome in 309
Officer for assistance) B.C. when an orchestra leader, unhappy with the length
of meal breaks, walked off the job.

30 31
 YES NO
GRIEVANCE FILE TRANSMITTAL FORM TO 3RD LEVEL
(if applicable)
DOCUMENT CHECKLIST
EMPLOYER RESPONSE AT 3RD LEVEL
(if applicable)
Name of Grievor
_________________________________________ TRANSMITTAL FORM TO FINAL LEVEL
Work Address (if applicable)
_________________________________________ EMPLOYER RESPONSE AT FINAL LEVEL
Work Phone (if applicable)
_________________________________________ SUPPORTING EVIDENCE
E-Mail
NOTICES/LETTERS FROM EMPLOYER
_________________________________________
PAY STUBS
YES NO
CONTACTED REGIONAL OFFICE FOR OTHER (Specify)
ADVICE ON GRIEVANCE WORDING
ALL DOCUMENTS SENT
TO REGIONAL OFFICE
FACT SHEET
GRIEVANCE FORM COMMENTS:
(Ensure copy is sent to Regional Office) _________________________________________
_________________________________________
FOR GROUP GRIEVANCE - FORM 19 _________________________________________
_________________________________________
EMPLOYER RESPONSE AT FIRST LEVEL
_________________________________________
TRANSMITTAL FORM TO 2 LEVELND
_________________________________________
_________________________________
EMPLOYER RESPONSE AT 2ND LEVEL
_________________________________

32 33
 GRIEVANCE FACT SHEET SHIFT
_________________________________________
NAME OF GRIEVOR GRIEVOR’S CLASSIFICATION
_________________________________________ _________________________________________

WORK ADDRESS STATUS

_________________________________________ _________________________________________
_________________________________________
_________________________________________ SUPERVISOR’S NAME
(if relevant)
WORK PHONE _________________________________________
_________________________________________
SUPERVISOR’S PHONE NUMBER
WORK E-MAIL (if relevant)
_________________________________________ _________________________________________

HOME ADDRESS DATE AGGRIEVED (e.g. request refused, incident

occurred, error on pay cheque, etc.)
_________________________________________
_________________________________________
_________________________________________
_________________________________________ LAST DAY TO FILE GRIEVANCE
_________________________________________
HOME PHONE
_________________________________________ DATE GRIEVANCE WAS PRESENTED
_________________________________________
HOME E-MAIL
1ST LEVEL
_________________________________________
_________________________________________
EMPLOYER/DEPARTMENT 2ND LEVEL
_________________________________________ __________________________________

34 35
 1ST WITNESS (if applicable) SUMMARY OF FACTS OR PROBLEM
NAME (WHO, WHAT, WHEN, WHERE)
_________________________________________
_________________________________________
_________________________________________
HOME PHONE
_________________________________________
_________________________________________
_________________________________________
WORK PHONE
_________________________________________ EMPLOYER’S ARGUMENTS, POSITION OR EXPLANATION
_________________________________________
2ND WITNESS (if applicable)
_________________________________________
NAME _________________________________________
_________________________________________
HOME PHONE CORRECTIVE ACTION REQUESTED
_________________________________________
_________________________________________
WORK PHONE _________________________________________
_________________________________________ _________________________________________

3RD WITNESS (if applicable) ARTICLES IN COLLECTIVE AGREEMENT

_________________________________________
NAME
_________________________________________ POLICIES RELATING TO THE GRIEVANCE
_________________________________________
HOME PHONE
_________________________________________ COMMENTS:
WORK PHONE _________________________________________
_________________________________________ _________________________________________
_________________________________________
___________________________________
___________________________________

36 37
 DUTY OF FAIR REPRESENTATION What is “bad faith”?
The Institute is required by law, through its • hostile or malicious frame of mind
representatives, to represent all members of the • evidence of bad faith is based on personal hostility,
bargaining unit fairly and equitably in all matters, desire for revenge, lack of fairness or impartiality,
even those members who have not signed a intentional deception, flagrant dishonesty or
membership application form (Rands). This ulterior motive
representation must be carried out in a manner • having a “hidden agenda” towards the grievor
that is not “arbitrary”, “discriminatory” or “in bad faith”.
What can be done to ensure fair
What is “arbitrary”? representation of a member?
• treatment that is abrupt, inconsiderate,
indifferent or insensitive • Always get the grievor’s complete side of the story

• failure to investigate • Never dismiss any complaint or question as petty

or frivolous
• superficial, off-handed investigation
• Handle every grievance in the same thorough and
• failure to notify grievor of recourse mechanisms professional way
• reckless disregard for the interests of the grievor • Do not be influenced by bias or hostility to the grievor
by others
What is “discriminatory”? • Never display any bias or hostility towards the grievor
• treating members of the bargaining unit differently • Whenever in doubt, contact the Regional Office
without a good reason for advice
• different treatment based on union membership or
on grounds prohibited by the Canadian Human Rights
Act (i.e. race, gender, etc.) TRAINING FOR STEWARDS
• departure from the usual procedure without a What kind of training does the
valid reason Institute provide its stewards?
The Institute offers a wide range of training sessions
for stewards and members throughout the year.

38 39
 Basic Steward Training gives members who apply Are there any other courses offered
to become stewards an overview of the collective by the Institute?
agreement, the legislative cadre, recourse by way of Collective Bargaining Training - The Collective
complaints or grievances. This session also explains Bargaining Course is currently offered based upon
the steward’s role and the services and the structure collective bargaining schedules or projected need
of the Institute. for the course for members of executives and
bargaining teams.
Advanced Steward Training is offered to stewards
at the Regional Training School in the form of training Introduction to PIPSC and the Labour Movement -
modules on a wide variety of topics such as This introductory session is sponsored at a local level
consultation, grievance handling, staffing under the by a Branch, Group or Sub-Group as an opportunity
PSEA, human rights, harassment, and health and safety. to attract and inform members. It focuses on how
the Institute serves its members, as well as how
The Steward Council is comprised of all the stewards the members’ input and involvement is critical to
in a geographical area. It provides an opportunity for the Institute. This training generally takes place at
stewards to discuss issues of concern and to obtain the work site.
training tailored to their needs. It meets once per year.
Executive Training sessions may be provided for
The Regional Council meets once per year. Delegates the Executives of constituent bodies to assist them
are chosen by the Branches and are usually stewards. in their duties.
At the Regional Council, delegates discuss concerns
and issues relevant to the region and prepare NOTE: The Training Program is monitored for its
resolutions for the Annual General Meeting. This may effectiveness and may be altered to meet the needs of
also be an opportunity for training on specific topics. the membership. The training program is administered
by the Member Services Committee but offered on a
UNION TRIVIA regional basis. Consult your PIPSC Regional Office to
The smallest strike in Canada was waged by a North find out what is available in your region.
York, Ontario, woman in 1984. She picketed her own
house until her husband and children agreed to help
with the chores.

40 41
 OCCUPATIONAL SAFETY AND HEALTH • Report any infractions or concerns to the local
OSH Committee and monitor the issue via minutes
of the meeting
What is occupational safety and health?
• Ensure PIPSC is aware of the names of all PIPSC
It’s a framework to ensure that the safety and health of
representatives on OSH Committees
workers is protected. It can be achieved through local,
regional and national Occupational Safety and Health
(OSH) committees. What is the role of an
OSH Committee and its members?
What are the rights of the employees? As members of the committee, employees participate
• right to participate - by volunteering on OSH committees fully in the employer's occupational safety and health
program. However, the committee does not have legal
• right to know, from the employer, about potential safety power to force the employer to adhere to its
and health hazards in the workplace recommendations.
• right to refuse dangerous work, when there is
reasonable cause to believe the operation of equipment The role of an OSH Committee includes:
is dangerous or conditions in the workplace are • workplace inspections, accident investigation
dangerous
and education.
• right to voice concerns about OSH matters through
• dealing with specific issues at regularly-scheduled
the employee representatives
meetings
• making appropriate recommendations to the employer
What is the role of the steward
in regards to OSH? • monitoring the employer`s compliance with the
• Check if there is a departmental OSH policy appropriate OSH legislation, such as reporting, posting,
establishing committees and respecting regulations
• Ensure that everyone is aware of roles and
responsibilities
When should an OSH Committee be set up?
• Check if there is a local OSH Committee or
S&H Policy Committee Under Part II of the Canada Labour Code which applies to
the federal government as well as to all federally-governed
• Advise management of their responsibility to set up employers, the employer is normally required to
a workplace (local) OSH Committee and advise PIPSC set up a safety and health committee for each
staff of this request
workplace where there are 20 or more
42 43
 employees. If there is no OSH Committee in your • it is strongly recommended that employee
workplace, consult your PIPSC Regional Office as some representatives be stewards for their own protection
workplaces are exempt from this requirement or may and to ensure that the views voiced at the meetings
be under provincial jurisdiction. are those of the Institute

Who can sit on an OSH Committee? Is an employee allowed to do OSH

Management and employee representatives sit on the work during normal working hours?
Committee. Employee representatives must constitute An employee is entitled to paid time for work related to
at least 50% of the membership. committee functions. This time is deemed to be time at
work for the calculation of wages.
Who selects which employees
sit on OSH Committees? Who should receive OSH training?
Employee representatives should be selected by All employees sitting on OSH committees should receive
the unions and are usually stewards. training. Employees who use, store, handle or dispose of
a controlled product, their supervisors and employees
How many people sit on who could be at risk during the use, storage, handling
an OSH Committee? and disposal of a controlled product should also
This depends on receive training.
• number of employees at the workplace
• degree of hazard in the workplace Who provides OSH Training?
• variety of functions It is the responsibility of the employer to provide
OSH training. All costs pertaining to such training
• the number of unions to be represented
must be borne by the employer.
• shift work
However, acknowledging the importance of developing
our own perspective on this very important matter,
What are the prerequisites to being PIPSC also offers basic and advanced OSH training
on an OSH Committee? to its stewards. Contact your PIPSC Regional
• Employees must have the time necessary to do the Office to find out about the availability of OSH
job and be willing to take the training offered by the training in your region.
employer and the Institute
44 45
 THE CONSULTATION PROCESS levels: local, regional and national. In some instances,
there is also a sectoral level. In smaller organizations
there may be only one level of consultation.
What is meant by
the Consultation Process? Unresolved issues at lower levels should be put forth to
Consultation is used to develop and maintain sound and the next level.
harmonious union/management relations. It provides an
informal yet official channel of communications between Who selects representatives for
management and unions in which matters of concern the union-management consultation
can be freely discussed and in which mutually- committees (UMCC)?
acceptable solutions may be reached.
Management and the Institute select their respective
representatives for the UMCC. Institute representatives
The main objectives of consultation are:
must be stewards and should have taken the
• to provide a forum for the regular exchange of consultation training course offered by the Institute.
information between the employer and members
• to provide an opportunity for the exchange of Who prepares the agenda?
views and comments on subjects which are in
the preliminary stages of the employer's decision- Agendas are drawn up prior to each meeting. It is the
making process responsibility of the President of the consultation team
to get input from members in the workplace prior to
• to obtain factual information for members on matters
the meeting. In many cases, chairmanship is shared
related directly or indirectly to their work environment
between the management and the union. In this case,
• to provide members with greater participation in the chairmanship and agenda preparation can be rotated.
decision-making process of the employer

Employers covered by the PSLRA have a legal obligation What topics can be discussed?
to hold consultations with bargaining agents. Almost any topic can be placed on the agenda except
matters of a personal rather than a collective nature and
Are there different levels matters relating to specific grievances or the collective
of consultation? bargaining process.
Within large departments, agencies and separate
employers, consultation usually takes place at three
46 47
 Topics which can be discussed at UMCC include: What is the steward’s role in the
• elimination of rumours consultation process?
• education opportunities As a steward you may be approached by PIPSC or
the employer to participate in consultation committees.
• employer policies Should you not be a member of such a committee,
• staffing procedures and human resources planning it is your responsibility to provide the representatives
• pay and benefits administration on these committees with issues or problems affecting
the membership in the workplace so that they may
• performance appraisal processes be raised for resolution at the appropriate UMCC.
• employee assistance programs
• codes of conduct HARASSMENT AND
• circulars, bulletins, policies and directives DISCRIMINATION
• working conditions in general
• changes in equipment What is harassment?
• workload and overtime distribution Harassment is generally recognized as any improper
behaviour by an individual, that is directed at, and is
• reorganizations offensive to, another person or persons in the workplace,
and that the individual knew or ought reasonably to
Remember also that a UMCC does not have the have known would cause offence or harm. It comprises
authority to alter the provisions of a collective any objectionable act, comment or display that
agreement. demeans, belittles, or causes personal humiliation or
If classification, reorganization and/or work force embarrassment, and any act of intimidation or threat.
adjustment are put on the agenda of a consultation It includes harassment within the meaning of the
meeting, ensure that advice is sought from the Canadian Human Rights Act. Most employers have
appropriate Institute staff member prior to the anti-harassment policies and guidelines.
meeting. Depending on the nature of the issue,
it may be necessary to involve a staff member on
an ongoing basis. No commitment or agreement
is to be made on behalf of the Institute on these
issues without consulting staff.
48 49
 What is abuse of authority? Generally happens between supervisors/managers
and employees. Can also encompass situations of
For our workplaces, abuse of authority is normally abuse of authority.
understood in the context of harassment. The New
Brunswick Government Harassment Policy states: • Poisoned Work Environment - direct or indirect
“[Abuse of authority is]... where an individual improperly harassment through jokes, graffiti, insults of a visual
or verbal nature. Generally happens between
uses the power and authority inherent in a position to
co-workers.
endanger a person's job, undermine the performance
of that job, threaten the person's economic livelihood,
or in any way interfere with or influence a person's career. Accepted social interaction that occurs regularly in the
It is the exercise of authority in a manner which serves workplace, flirtation or an office romance between two
no legitimate work purpose and ought reasonably to consenting persons is not sexual harassment.
be known to be inappropriate.” Examples of abuse of
authority include but are not limited to such acts or Is it possible for harassment
misuse of power as intimidation, threats, blackmail to be unintentional?
or coercion. Yes. It may result from someone’s ignorance of the
impact of his/her behaviour. Constant chauvinistic
What is sexual harassment? comments can count as harassment but the person
Any conduct, comment, gesture or contact of a sexual directing these comments may not see it that way.
nature, either at or away from the usual workplace, that It may very well be that the person seriously meant no
is objectionable or offensive, either on a one-time basis harm. It is crucial that it be made clear to the alleged
or in a series of incidents is deemed to be sexual harasser that the behaviour is offensive or threatening
harassment. It can be accompanied by threats or tied and is unacceptable.
to employment consequences. It is important to remember, However, whether or not the alleged harasser intended
however, that sexual harassment, along with any other to offend has no bearing; it is the impact that is
forms of harassment, is a tactic of power, exclusion, significant. The Canadian Human Rights Commission
humiliation and/or control. has eliminated ignorance as a defence and considers
as harassment what should reasonably be known to
Examples of sexual harassment: be unwelcome comments or conduct.
• Quid pro quo - demand of a sexual favour in exchange
for a job or other employment-related benefit.
50 51
 What should a member do if • If mediation is not possible or fails, the deputy head
he/she is being harassed? or authorized representative will appoint an
investigator to investigate the allegations
• tell the alleged harasser that his/her behaviour
is unacceptable • Both parties have the right to challenge the decision
of the investigator through the grievance process
• attempt to resolve or clarify any possible
miscommunication • All matters relating to the complaint must be treated
as confidential and cannot be discussed with others
• document what has happened and continue outside the process
to document incidents
• If the problem persists, the member should
contact a union representative
What are the rights of complainants?
• to file a complaint
• Contact the EAP (Employee Assistance Program)
representative for help in dealing with the stress • to obtain a review of the complaint without fear of
of the situation embarrassment or reprisals
• to be represented and accompanied by a person of
What if the harassment persists? his/her choice during the interviews related to the
complaint (including a local steward or union
The employee normally has access to an internal representative)
complaint process and to the grievance procedure.
An employee also has the right to file a complaint • to ensure that the written complaint or written
comments related to the fact that the employee
with the Human Rights Commission. It is advisable
has lodged a complaint be excluded from one’s
to contact a union representative to decide which personal files
process to follow.
• to be kept informed throughout the process and
to obtain information subject to the Access to
What is involved in an internal Information Act and the Privacy Act
complaint?
• subject to the provisions of the Privacy Act, to be
• Usually the member files the internal complaint with informed of the corrective, including disciplinary,
the deputy head or authorized representative measures implemented as a result of a founded
• The case proceeds to mediation if this is acceptable complaint
to both parties • to receive fair treatment

52 53
 What are the rights of persons valid reason. In particular, the Charter of Rights and
against whom a formal complaint Freedoms, the supreme law of the land, states:
has been lodged? “Every individual is equal before and under the law and
has the right to the equal protection and equal benefit of
• be informed that a complaint has been filed
the law without discrimination and, in particular, without
• be presented with a written statement of allegations discrimination based on race, national or ethnic origin,
and to be given the opportunity to respond colour, religion, sex, age or mental or physical disability.”
• be represented and accompanied by a person of
The Charter contains qualifications to this prohibition.
his/her choice during the interviews related to the
complaint (including local steward or union There can be discrimination if it is deemed to be
representative) justified in a free and democratic society, or if the
discrimination arises because of an act or program
• receive information related to the review, subject to that works to end discrimination against a traditionally
the Access to Information Act and the Privacy Act
disadvantaged group. The federal Employment Equity
• receive fair treatment Act may be viewed as one such program.

What if the harassment includes What are the grounds for

sexual or physical assault? discrimination?
Physical and sexual assaults are covered by the Criminal The Canadian Human Rights Act identifies the following
Code and in such cases the police should be contacted prohibited groups of discrimination:
immediately.
• race
Who is liable if nothing is done • national origin
to stop harassment? • ethnic origin
Recent court rulings indicate that both employers and • colour
unions may be held legally liable if they are aware that • religion
harassment is occurring and do nothing to stop it. • age
What is discrimination? • sex
• sexual orientation
To discriminate against someone is to treat that person
in a different, negative or unfavourable manner, for no • family status
54 55
 • disability - mental or physical Who are members of Visible
• conviction for an offense for which a pardon Minority Groups?
has been granted. Persons who, because of their race or colour, form a
• marital status visible minority in Canada.

What recourse mechanisms are Who are Aboriginal people?

available to employees being Persons who are a North American Indian or a member
discriminated against? of a First Nation, a Métis, or Inuit.
Most collective agreements contain language prohibiting
such actions therefore employees can access the Who are persons with disabilities?
grievance procedure. Often employees prefer to make
a complaint to the Canadian Human Rights Commission. Persons who, for the purpose of employment, may be
It is advisable to contact a PIPSC staff member to considered disadvantaged, consider themselves or
discuss these options as there are time limits to believe that a potential employer would likely consider
file complaints. them disadvantaged by reason of any persistent
physical, mental, psychiatric, learning and/or sensory
Furthermore, since 2005, the Public Service Labour
impairment.
Relations Board (PSLRB) is empowered to rule on
grievances alleging violations of human rights.
What are the objectives
of employment equity?
EMPLOYMENT EQUITY
• to establish and maintain a workforce in which
EMPLOYMENT EQUITY = FAIRNESS FOR ALL aboriginal people, members of visible minority
groups, persons with disabilities and women are
What is employment equity? equitably represented and distributed
It is equality in the workplace so employment • to identify and remove barriers in employment
opportunities are not denied for reasons unrelated to systems, policies, procedures, practices, attitudes
ability, and to correct disadvantages in employment and established behavioural patterns that have an
(with special measures) experienced by women, adverse effect on the employment and career
aboriginal people, persons with disabilities and progression of members of designated groups
members of visible minorities.
56 57
 • to implement special measures to correct the • Communications
effects of employment disadvantages and promote
the full participation of designated groups in the • publication of “Communications Magazine”,
departmental workforce the Annual Report and other briefs, reports and
documents
• Development and implementation of campaigns
INSTITUTE STAFF • Media and government relations
• Translation and interpretation services
The staff is responsible for the following functions:
• National Representational Services • Membership
• collective bargaining, consultation and national • collection of dues
employment relations
• update of membership lists
• classification services
• printing and mailing out newsletters
• representational services to members
• maintenance of records (filing system)
• advice/representation on pensions/superannuation
and insured benefits
• Finance
• maintenance of accounts
• Regional Representational Services
• payment of members expense claims
• representational services to members
• preparation of budgets
• development and administration of a steward
network
• Informatics
• steward and member training
• maintenance and support of the computer network

• Research • development, maintenance and technical support

of the Institute Web site
• preparation of analytical studies and surveys on
compensation, labour relations and related topics • development and maintenance of the membership
data base
• provision of support for broader policy issues
including career development, privatization and
pay equity
58 59
 PIPSC ORGANIZATIONAL The Board of Directors oversees the operations of the
Institute between AGM’s. It is composed of the Executive
STRUCTURE
Committee (President, 4 Vice-Presidents), nine regional
directors, and one director elected by the Advisory
The Institute has a parallel structure by occupational
Council (composed of all PIPSC Group presidents and
groups and by region. All members are part of a Region
the presidents of Treasury Board departmental
and a Group. They may be part of a Branch and a
consultation teams)
Sub-Group, if such a constituent body exists in their area.

The structure by Group allows each bargaining unit UNION BENEFITS

to determine its bargaining priorities and strategies,
and to deal with current concerns specific to its
members’ profession. What is the Scholarship Fund?
This is a fund established by the Institute which is used
Five or more members of a Group in a geographical exclusively to provide scholarships for post-secondary
area or department and/or location may form a education of children and grandchildren of Regular and
Sub-Group that reports to the Group. Retired members in good standing.

The structure by Region ensures that the broader What is the Retired Members Guild?
concerns of the Institute also reflect the interests
The Retired Members Guild provides retired and retiring
specific to particular geographic regions.
members with information and advice on retirement-
Ten (10) or more members from more than one related issues, coordinates activities and mobilizes
Retired members on retirement issues as required,
Group employed in the same geographical area may
and deals with matters referred to it by the Board
form a Branch.
of Directors.
The Annual General Meeting (AGM) is the supreme
governing body of the Institute. Although any member
may attend, voting delegates are selected by the Groups
and Regional Councils on a representational basis.

60 61
 What is ServicePlus?
ServicePlus is the Institute’s enhanced member
benefits program.
Quick and convenient, ServicePlus offers preferential
rates and savings on group home and auto, life,
and travel insurances, car rentals, home heating fuel,
computer systems, cellular phones, hotels across
the country, retirement and financial planning, travel
packages, and banking services.
ServicePlus offers lifestyle protection, consumer
products and financial services, exclusively for members.

UNION TRIVIA
To celebrate International Women’s Year in 1975,
all the women of Iceland staged a 24 hour strike.
The country screeched to a halt. Ten years later,
on October 24, 1985, they did it again: 70,000 women,
a third of the population, stopped working for a day.
And this time, the President of Iceland joined them.
Her name is Vigdis Finnbogadottir.

62