PS Staffing Policy and Programs – News Flash 2010-04
On April 21st, 2010, the RCMP issued a News Flash which informed RCMP employees that in light of a recent interpretation given by the Treasury Board, through the National Compensation Services, that they (the RCMP) would no longer proceed with administrative actions to remunerate individuals who were previously incumbents and/or temporarily performed the duties of positions that were being were retroactively reclassified.
This decision will result in former incumbents of reclassified positions not receiving the appropriate pay for time spent working in those positions. The RCMP has clearly identified that “only incumbents, i.e. those occupying the positions when the reclassification decision is issued, will be remunerated”.
Given the RCMP’s decision, we are recommending that all employees who are former incumbents of a position that has been retroactively reclassified, with an effective date that includes a period or periods that they were incumbents of the position, file an individual grievance using the following wording:
“I grieve that the employer is not paying me appropriately for the duties I have performed. I was asked to perform the duties of a higher position. As a result, the employer is in violation of the provisions of Article (insert appropriate collective agreement article number) – (Pay Administration) and other applicable articles of my collective agreement. This decision was conveyed to me on (insert date) through a News Flash dated April 21st, 2010.”
The corrective action requested should read:
“That I be paid in accordance with my collective agreement for the performance of the duties mentioned above, retroactive to the date on which performance of these duties began.”
For ease of reference, the grievance form can be accessed on the Treasury Board website at the following address:
http://www.tbs-sct.gc.ca/tbsf-fsct/340-55-eng.asp
Please ensure that this information is widely distributed to former members that continue to be public service employees in other federal public service departments who may be impacted by the RCMP’s decision.
Also, should any of your current members inform you that they intend to accept another position or leave the department, we recommend they file an individual grievance before they leave their position in order to protect their entitlement to retroactive pay.
Finally, USGE is currently consulting with the PSAC as our Bargaining Agent on the feasibility of also filing a Policy Grievance challenging the RCMP’s decision. We will provide additional information on this as it becomes available.
We thank you in advance for your cooperation and assistance.