General Updates
Since 2001, PIPSC has been pursuing each and every viable legal avenue to ensure our VM members at CFIA obtain fair job descriptions and classifications. Initially, this process was a collaborative effort based on a number of working committees, legal changes, and governmental reorganizations. Since 2010, CFIA has been pursuing an extremely adversarial approach which often has employed legally and technically dubious tactics, excessive delays, and procedurally burdensome strategies. PIPSC has won a number of cases before the Public Service Labour Board; after two decades, we are close to resolving this saga.
Changing the rules: Creating precedent to protect the rights of former incumbents
The Agency’s classification policy prevented former incumbents of a job from grieving a classification decision affecting them. This policy allowed the agency to wait for a member with a valid grievance to retire, change jobs, or quit. The Agency could then change the grieved job description and cancel the existing grievance with no change to retrieve. Essentially, they could outwait you.
PIPSC challenged this unethical policy and won a major decision before the board on May 23, 2024. While this decision only applies to three VM jobs (see below), it establishes a precedent that no federal public service employer should be permitted to strip you of your legal rights simply by waiting for you to change jobs, quit, or retire. PIPSC will defend this precedent across our membership.
Late Summer Grievance Campaign
Starting in mid-August, without notice to PIPSC, the CFIA began contacting current and former members affected by the May 23, 2024 decision. Contacted individuals held one or more of the following jobs since 2001 and were not previously given classification grievance rights. The Agency was now required to give these people classification grievance rights:
- Supervisory Veterinarian (VM-02) - Decision no.59668
- Veterinary Program Officer/Evaluator/Analyst (VM-03) - Decision no.59652
- Veterinary Program Specialist/Advisor/Coordinator (VM-04) - Decision no.59651
Members who already have a valid classification grievance against the listed jobs they have previously had do not need to regrieve.
PIPSC was, initially, not provided with the names and contact information of those being contacted. We requested these lists and pursued a legal agreement to suspend deadlines. However, despite expressing an interest, the Agency has still not signed an agreement. In addition, employers do not provide PIPSC with job titles as part of the member information exchange. These factors have limited our ability to contact everyone affected by this recent precedent. As a result, PIPSC contacted all members and former members on file, urging them to grieve should they receive such notice.
Dozens of members have successfully filed classification grievances following this most recent issuing of letters. We expect to present these members' grievances together with the existing classification grievances filed in previous rounds of campaigns.
In late September, the Agency finally provided PIPSC with the names of affected individuals, without any contact information. PIPSC will attempt to track down these persons to offer representation. In addition, we will be pressing the employer to extend grievance filing timelines to allow these persons to grieve. We do not believe the labour board would permit an employer to argue that grievors have missed a deadline when the reason for the tardiness is that the employer failed to provide the union with contact information and names.
Classification Grievances & Retroactivity
PIPSC has long defended the principle that everyone doing the same work deserves the same classification and pay scale. That’s why we’ve stood up against employer’s like the Agency who have attempted to divide people into categories including grievors and non-grievors, retirees and active employees. In the public service, your job description determines your classification. As long as there is no dispute over whether you did the work described in a particular job description, you must be entitled to its classification when changed retroactively. Consequently, if just one person successfully grieves a job description or classification, and a change is made, everyone who had that job description since the effective date of the decision should be entitled to the outcome - even if one did not grieve. Unfortunately, some employers have tried to subvert this principle through creative interpretations of policies and laws. Having a duly filed grievance serves as insurance in case the employer attempts to shirk its legal responsibilities.
Filing a Grievance: Tips and Tricks
A grievance can only be filed when you have grievance rights (when the employer does something you do not agree with). Generally, this means within 35 calendar days of the action giving rise to your grievance. For the aforementioned grievance campaign, that means the day you receive a grievance decision. You cannot grieve something that has not happened yet - including a classification decision you were not informed of. Given the two decade time period which gave rise to this grievance campaign, CFIA may be unable to track down everyone. If you believe that you should have been given classification grievance rights, please reach out to compensation@pipsc.ca for support.
Whenever filing a grievance, ensure you are working with a member of PIPSC staff who will provide the correct form and language. PIPSC has emailed individuals affected by this recent campaign a prefilled grievance form. Members simply need to indicate the date they received notice of the decision (section B), their contact information/signature, and the contact details/signature of their supervisor. If a supervisor or HR contact cannot be found, PIPSC can assist in finding a representative from the classification department of CFIA.
Next Steps
Once PIPSC and the employer have confirmed all the validity of the grievances filed, PIPSC will recommend all these grievances be grouped together based on the classification of the job description being grieved. We will then proceed to developing our technical arguments. Because classification relies on the relative value of a job description, rather than the performance of employees with those job descriptions, grievors are generally not closely involved in the grievance process. Nevertheless, PIPSC will keep grievors informed of the case as it unfolds. It may take several months for us to reach the case-development process.
Currently, the goal is to ensure that everyone eligible to grieve does so. We appreciate your patience as we work to support hundreds of former members to file grievances. Should you need support filing a grievance or if you are eligible for this campaign but have not received notice, please contact compensation@pipsc.ca