GRIEVANCES

USJE is operating in the following manner with the majority of the departments we represent:

Phoenix pay related grievances should be heard at one of the lower levels (we recommend level 1) in order to collect information and documentation. Employees are expected to provide supporting documentation, such as email correspondence with their supervisor about the issue, correspondence with the Pay Centre, Track Changes information, as well as any and all Pay Actions Requests (PARs). It is understood that local management may not be able to resolve the issue at the first level, a response will be provided and then the grievance can be transmitted to the final level with the required signed transmittal form and an agreement in writing that the second level is being skipped.

To file a Phoenix-related grievance, it is extremely important that you have all the necessary documentation to argue the losses that you have suffered. The documents include, but are not limited to: pay stubs, work records, receipts, bank statements indicating overdraft or other charges or penalties, credit card statements, letters from landlords indicating areas which will demonstrate:

  • What payments should have been made, in what amounts, and on what dates;
  • When payments were made, in what amounts, and when they were made;
  • How specifically the delay contributed to financial difficulties such as interest charges or penalties;
  • Your efforts to seek priority payments from their departments must also be included in the documentation, with evidence of requests and evidence of any refusals.
  • For those citing the No Discrimination Article, the grievance documentation should establish clearly how the employer’s failure to pay on time and accurately is related to one of the prohibited grounds of discrimination.
Suggested Grievance Wording
  • I grieve that the employer has violated Article _______ (insert pay, overtime or allowance article number from your Collective Agreement), and any and all other relevant articles and Appendices of the Collective Agreement, related legislation, and policies by failing to pay me accurately, on-time, or by repeatedly failing to pay me accurately and on-time for the work I have performed, as per the employer’s usual practice (i.e. bi-weekly, by direct deposit).
  • I grieve that the employer has failed to resolve my compensation issues by failing to pay me properly for the work I have performed.

If the employer’s failure impacts members in a group protected under the Canadian Human Rights Act

  • The employer has violated the No Discrimination Article of the Collective Agreement and related policy and legislation including but not limited to the Canadian Human Rights Act by discriminating against me by the improper provision of pay and/or by failing to accommodate me on the basis of my disability.

NOTE: Discrimination is an action or a decision that treats a person or a group negatively for reasons such as their race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted as per the CHRA. Only grievances demonstrating discrimination based one of the prohibited grounds contained in the CHRA and/or the No Discrimination clause of your collective agreement may be referred to adjudication. An example of a potential grievance would be a member who is on a gradual return to work but is not being paid on time may have difficulty with the return to work due to a lack of funds to pay for transportation, food, maintain shelter etc.

Corrective Action

I request

  • That the employer compensates me immediately for any and all salaries, monies, leave and benefits lost as a result of the employer’s actions or inactions;
  • Any and all other remedies deemed just in the circumstances; and
  • That I be made whole

For those claiming discrimination only

I request

  • That the employer fulfills its duty to accommodate me by accommodating _________ (identify restrictions, examples: my disability, family status, religious obligations, etc.);
  • That the employer compensates me immediately for any and all salaries, monies, leave and benefits lost as a result of the employer’s actions or inactions;
  • Any and all other remedies deemed just in the circumstances;
  • Damages pursuant to Subsection 53 of the Canadian Human Rights Act; and
  • That I be made whole.

If you need more information or support on your Phoenix pay grievance, please contact your Local President or Local Executive member. If they are not able to help, please contact your Regional Vice President.