As part of our ongoing fight to rescind the federal government’s arbitrary one-size-fits-none telework policy for federal public service workers, PSAC is now encouraging members impacted by the mandate to file individual grievances contesting their telework agreements.
Collectively filing thousands of individual grievances will hold Treasury Board accountable for violating the agreement on telework PSAC negotiated in the last round of bargaining and pressure them to respect their obligations under the agreement.
The government’s misguided telework policy flies in the face of the collective agreement and the Letter of Agreement on Telework that we fought hard for and won in the last round of negotiations. Part of that agreement committed the government to creating joint panels in each department to handle telework disputes individually and fairly based on the unique personal situation of all workers.
But for over a year, the government has delayed and stonewalled our efforts to establish most of these panels, instead rolling out a regressive policy that limit our members’ flexibility around telework.
The Trudeau Liberal government has shown a complete disregard for federal public service workers and the bargaining and consultation processes that are fundamental to labour relations. Filing individual grievances will put incredible pressure on the government to respect its obligations under the agreement and move forward with the creation of these joint panels in each department.
File an individual grievance
Individual grievances should be filed for the following issues:
- Where the amended Direction on prescribed presence in the workplace results in a member being arbitrarily required to work more days in the office;
- Where a member has had an existing telework agreement disregarded or altered because of the Direction;
- Where a member experiences additional adverse impacts because of their membership in a human rights-protected group;
- Or, where a member has experienced losses or out-of-pocket costs because of the Direction.
Grievances should be individualized to reflect the specific circumstances and concerns of individual members. You may adapt and customize the template grievance language provided in our frequently asked questions section. However, you should always go through your union when submitting a grievance. Contact your local and/or component for support from a steward or labour relations officer.
PSAC’s legal challenges
Unfair labour practice complaints
Given the profound impact this decision has on workers, PSAC took immediate legal action by filing two unfair labour practice complaints with the Federal Public Sector Labour Relations and Employment Board on behalf of the FB and the PA, SV, TC, and EB bargaining units. The Union of Taxation Employees (UTE), a componeent of PSAC, did the same on behalf of members at CRA. These complaints accuse the employer of bad faith bargaining.
Our complaints maintain that Treasury Board and CRA are attempting to circumvent not only the bargaining process but the role of the union as bargaining agent by altering terms and conditions of employment that were negotiated at the bargaining table. In fact, PSAC called off our national strike and entered into a collective agreement based on commitments from Treasury Board that they now refuse to honour. The FB complaint also claimed the employer breached the statutory freeze by altering terms and conditions of employment while bargaining.
PSAC demands the employer revoke these unilateral changes and engage in meaningful consultation to restore trust and adherence to the previously agreed upon terms.
Policy grievance
PSAC filed a policy grievance challenging the arbitrary application of management rights and the discriminatory impact of the amendments, which will disadvantage members of human rights-protected groups.
The policy grievance directly challenges Treasury Board’s arbitrary and unreasonable exercise of management rights, as well as the employer’s back peddling on the principles enshrined in the Letter of Agreement on Telework. The grievance addresses the abuse of authority, given the employer’s decision was based on political pressure, rather than a genuine assessment of workplace needs or concerns.
The grievance also addresses the systemic discriminatory impact the amendments will have on many employees based on human rights grounds — such as disabilities and family caregiving obligations — due to the reduced accessibility, inclusiveness, and flexibility of workplaces in the federal public service.
The policy grievance calls for the rollback of these amendments and meaningful consultation with PSAC going forward. It also seeks damages to compensate affected employees for all losses they may experience.
Next steps
PSAC remains dedicated to opposing these unilateral changes and advocating for fair labour practices that respect the rights and needs of all members. We will continue to keep members informed as this situation evolves, including more information about the joint panels.
Join us in the fight for telework that works for workers:
- Email your MP and Treasury Board President Anita Anand to demand fair telework for all;
- File an individual grievance against the unilateral amendment of the Direction;
- Visit our frequently asked questions page for more information;
- Be sure to keep your contact information up to date to receive all the latest updates.
This article was first posted on the PSAC website.
