Policy Grievances An Update

July 31, 2012 “Years of Service” Policy Grievance heard on July 26th
CAPE made representations regarding the policy grievance dealing with the interpretation by Treasury Board regarding the calculation of years of service, on July 26.
CAPE argued that the Treasury Board has breached the WFAD and related articles of the collective agreement by interpreting “years of service” as set out in the “Transition Support Measure” (the “TSM”) in Appendix C of the WFAD as continuous rather than cumulative “years of service”, thereby potentially decreasing members’ entitlement under the TSM if there is more than a 1-day break in their years of service. The Employer’s position is that “years of service” in the TSM means that anything more than a one-day break in service disentitles an employee from having their previous years of service, prior to that break, being included for the purpose of calculation of cash payment according to the TSM.
CAPE’s position is that this interpretation is not consistent with the principles of contract interpretation and amounts to a serious violation of the WFAD and the collective agreement between CAPE and the Treasury Board as well as all other applicable articles or statutes, acts and/or legislation.
Because of the important nature of this grievance, CAPE has requested a response in the shortest delay possible - a response is anticipated sometime after August 13.
Policy Grievance Regarding Competitive Process at HRSDC
A second policy grievance, also filed on July 6, which addresses the fact that the employer is proceeding with a competitive process at HRSDC that is in violation of the letter and spirit of provisions of the WFAD, will be heard on August 10, also by a TBS’ representative.
Policy Grievance Regarding Implementation of the Alternation Process
We are still waiting for a date for a third policy grievance filed on June 22, which concerns the implementation of the Alternation process. We anticipate a hearing date of mid-August.