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PIPSC wins policy grievance against CRA related to personal leave

Kindly check the PSLREB's website over the coming weeks for the translated decision as it has not yet been released.

On September 13, 2013, the Institute filed a policy grievance in relation to a Collective Bargaining Bulletin issued by the Canada Revenue Agency (“CRA”) related to article 17.21. The Bulletin was intended to clarify the language of the Audit, Financial and Scientific (“AFS”) collective agreement signed on July 10, 2012. The grievance alleged that the information contained in the Bulletin was contrary to the provisions of the AFS collective agreement concerning the conversion of volunteer leave to a second day of personal leave.

At issue in the policy grievance was the fact that at the time the collective agreement came into effect in December 2012, AFS members who had already claimed their 7.5 hours entitlement pursuant to the previous collective agreement volunteer leave provisions were being denied that portion of leave under the new personal leave provision. The grievance was denied by the CRA and subsequently referred to the Public Service Labour Relations and Employment Board (“the Board”).

The Institute argued that the language of the collective agreement was clear and that, if the CRA wanted to restrict the use of the personal leave, it was incumbent upon it to negotiate and have transitional language placed in the 2012 collective agreement.

The Board agreed and found that there was no ambiguity in the personal leave provisions that provided a total of fifteen (15) hours of personal leave.

The Board upheld the grievance and declared the CRA to have breached the collective agreement by not crediting all AFS bargaining unit employees 15 hours of designated leave as agreed in the 2012 collective agreement.

As a result, the Board has ordered the CRA to compensate any AFS bargaining unit member who used volunteer leave hours under clause 17.22 of the 2009 collective agreement and who applied for 15 hours of personal leave during fiscal year 2012-2013 and was not granted the full 15 hours for reasons other than operational requirements or not giving the requisite minimum of five days’ notice pursuant to clause 17.21.

If you are in the above noted situation, please contact your regional Employment Relations Officer to discuss next steps.

CRA Policy Grievance decision Aug 18 2016

Publish Date: 01-SEP-2016 11:28 AM