The four thousand five hundred Service Management Structural Model “SMSM” job description (JD) grievances at ESDC are coming to a closure. Here are the details on the status of these files:
Grievances Dismissed at Adjudication
The Public Service Labour Relations and Employment Board (PSLREB) heard the grievances about the following JD:
- Support Clerk – CR-03 (SMSM-1101): It was dismissed in 2014 (2014 PSLRB 38),
- Citizen Services Officer – PM-01 (SMSM-1105): It was dismissed in 2016 (2016 PSLREB 24),
- Citizen Services Specialist – PM-02 (SMSM-1107): It was dismissed in 2014 (2014 PSLRB 16), and
- Team Leader – PM-03 (SMSM-1113): It was dismissed in 2013 (2013 PSLRB 145).
There are some commonalities with the responses from the adjudicators. The main one is that despite the evidence before them, the adjudicators felt that the employer provided the grievors involved with a complete and current statement of their duties and responsibilities.
Grievances Withdrawn by PSAC
For the 6 following cases were pending at the PSLREB, PSAC analyzed the JD and concluded that none of them possessed the necessary merit to be represented at adjudication. Here’s the list:
- Payment Services Officer – PM-01 (SMSM-1104)
- Integrity Services Investigator – PM-02 (SMSM-1106)
- Program officer – PM-02 (SMSM-1108)
- Services Canada Benefits Officer – PM-02 (SMSM-1109)
- Business Expertise Advisor – PM-03 (SMSM-1115)
- Business Expertise Consultant – PM-04 (SMSM-1116)
As these JD’s are generic, general phrases are indicative of subsumed duties. Asking an adjudicator to add small tasks or details in such generic JD’s would be a losing proposition. The 4 JD grievances dismissed in 2013, 2014 and 2016 showed us exactly this.
These 2 grievances were allowed:
- Program and Service Delivery Clerk – CR-04 (SMSM-1102): This led to the classification of a few hundreds of CR-04 to the PM-01 level (see CR-04 article). However, some CR-04 stay at that classification and level.
- Integrity Services Officer – PM-01 (SMSM-1103): ESDC released an updated JD in 2013.
Grievances Withdrawn by the Members/CEIU
The following grievances were withdrawn before a 3rd level grievance hearing as there was no interest from the grievors to pursue:
- Senior Integrity Services Officer – PM-03 (SMSM-1111)
- Project Advisor – PM-03 (SMSM-1112)
- Senior Citizen Services Specialist – PM-04 (SMSM-1114)
- Business Expertise Senior Consultant – PM-05 (SMSM-1117)
- Project Manager – PM-05 (SMSM-1118)
- Service Manager – PM-05 (SMSM-1119)
Given all the above, CEIU considers that all 2008 SMSM job description grievances as closed.
Grievances on updated JD’s
ESDC release updated JD for 3 PM-01 positions in 2013 and the Program Officer PM-02 position in 2016 on which some members filed a JD grievance. CEIU will review these cases.
For all the JD grievances that were dismissed at adjudication or the ones that were withdrawn by PSAC, PSAC analyzed the merits of the classification grievances. PSAC concluded that none of them had any merit and PSAC would not provide representation. PSAC recommended that grievors should withdraw them.
As PSAC is not permitted to withdraw an individual classification grievance on behalf of a member, an employer representative will contact the grievors directly to validate if they wish to proceed without PSAC representation.
CEIU has communicated with Locals and provided them with some details on these classification grievances and communicated a recommendation that members should withdraw their individual grievance.