If you receive a notice of decision of classification, you have 2 remedial options in the event you and your supervisor are unable to resolve your differences of opinion.
They are as follows:
- A right to grieve your job content pursuant to the collective agreement; and/or
- A right to grieve the actual classification decision pursuant to TB's Policy on Classification Grievances.
Job content and effective date grievances must be filed within 25 working days and classification grievances must be filed within 35 calendar days pursuant to PSLREB Regulations. We note that in the event you disagree with the content of your job description and want to pursue a classification grievance, you must normally file a job content grievance first within the prescribed timelines set out above. The job content is generally the basis on which all classification decisions and classification grievances are made.
The AJC encourages all LPs to review, acknowledge and provide comments to their supervisors or managers regarding there generic job descriptions.
Where you are of the view that the generic job description provided to you does not correspond to the work you do, you may ask your supervisor to consult the generic job description rated above or below your description level.
If you feel that another generic description better captures the work that your position requires including the work you are actually performing and you are unable to resolve your differences of opinion with your supervisor in short order, you have a right to grieve the content of your job description within 25 working days following receipt of the job description.
If you feel that none of the current generic descriptions captures the requirements of your position, then we recommend that you file a grievance to preserve your remedial rights and request that a new description be created. In such a case, the manager should write a unique job description in the new format for the position. The job description should then undergo a vetting and classification process.
For more information on how to get support to file a grievance, consult the AJC Representation Services Policy and complete and send an intake form to admin@ajc-ajj.ca.
Challenging a job description
If requested to assume as part of your regular duties, additional duties that clearly fall outside the scope of your current job description, you may request a job description review. Alternatively, if you are requested to assume additional duties of a higher LP level for a temporary period on account of the absence of higher-ranked LPs absence for example, you may request acting pay. The AJC collective agreement provides that acting pay is payable when the duties of a higher classification level are substantially performed for at least six (6) consecutive working days.
A job content grievance requires the support of the AJC as this involves the application or interpretation of the collective agreement. However, classification grievances do not require the approval of the AJC. Alternatively, a grievance may be filed with AJC support when the employer fails to provide a “Statement of duties” upon request. The AJC´s decision of whether or not to support a grievance is governed by the principles set out in the AJC´s Representations Policy. In the event a job description is amended, the department must then review the new job description and issue a new classification decision.
For more information, consult the Policy on Classification System and Delegation of Authority.
Challenging a classification decision
A classification grievance can be filed resulting in either a reclassification or no change to the classification. If the decision of the grievance classification committee results in no change to the classification, the decision is final and binding with no further recourse.
The path taken will depend on whether or not the content of the job is in dispute.
The Classification Procedure outlines the processes and procedures for the submission and resolution of classification grievances by a classification grievance committee. For a complete review of the process and composition please refer directly to the Classification grievance procedure.
Filing a job description grievance will challenge the contents of the position while a classification grievance deals with the assignment of points to a statement of duties and not the contents of the statement of duties.
Job description grievances are adjudicable because they concern a provision in the collective agreement whereas classification grievances do not. Pay is adjudicable and classifications are not.
- Classification grievance committee decisions are final and binding.
- Job description grievances follow the normal grievance procedure path in the collective agreement.
For information on how to seek support from the Representations Committee in relation to your grievance, please refer to the AJC Representations Policy.
Pursuant to sections 71 and 72 of the Public Service Labour Relations and Employment Board Regulations, classification grievances are presented at the final level of the grievance procedure and decisions must be made within 80 days.
Circumstances in which a level may be eliminated
71 An individual grievance may be presented directly at the final level of the individual grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment.
Deadline for decision
72 (1) Unless the individual grievance relates to classification, the person whose decision constitutes the appropriate level of the individual grievance process shall provide the decision to the grievor or the grievor´s representative, if any, no later than 20 days after the day on which the individual grievance was received by the grievor´s immediate supervisor or the grievor´s local officer-in-charge identified under subsection 65(1).
Exception
(2) If the individual grievance relates to classification, the deadline is 80 days.
Please refer to the grievance procedure set out in the AJC collective agreement for further details.
For classification and job description information you can forward inquiries to the AJC directly at admin@ajc-ajj.com.
Alternatively, you can consult the following links:
LP Classification Standard
Classification grievance procedure
LP Occupational Group Definition
Organization and Classification : Treasury Board of Canada Secretariat.
Directive on Classification Grievances
Public Service Labour Relations and Employment Board Regulations.
Changes to the timeframes for presenting and responding to classification grievances
Reminder - Classification Grievance Resolution Process
Retroactive Reclassification and Appointment