Management Leave Update
Friday, August 6, 2021
We would like to begin by expressing our appreciation for the patience that many of you have displayed as we continue to work vigorously to address and balance the concerns raised over the years with management leave. You will recall that as part of the last collective bargaining process, the parties had agreed to “to work on a good faith basis to develop directives for each organization regarding management leave and flexibility in hours of work.”
Co-development discussions with PPSC
While we were positive at the onset of the co-development effort last year and had made progress with PPSC agreeing that such a directive should provide flexibility in hours of work across PPSC while ensuring accountability and consistency in the granting of management leave.
Regrettably, while some recommendations of our joint working group were accepted by senior management, the most important one that in our view would provide for a more equitable, transparent and consistent application, that of setting a minimum ratio, was not. Despite the fact that in many regions appear to have a minimum ratio in practice, PPSC management will not agree to this provision. Other provisions such as those relating to an internal appeal process for example that would see the process streamlined were also rejected.
In June 2021, the AJC was advised that the PPSC will proceed unilaterally with the implementation of a management leave directive of its own.
In light of this decision, the AJC will be filing a policy grievance alleging a violation of:
- the parties’ agreement to co-develop a directive that addresses management leave and flexibility in hours of work;
- the management rights clause which requires management to act reasonably, fairly and a non-arbitrary manner.
In addition, the AJC intends to grieve the directive itself on the basis that it is unreasonable, unfair and arbitrary.
The struggle continues. Not only do we have a policy grievance on normal work hours that we have referred to adjudication and for which we await a FPSLREB hearing, we now have a policy grievance where we know that contrary to the normal work hours, employees are regularly required to work excess hours. Management would be well advised to consider the short-sightedness of their approach in the long-term given the excessive workloads and failure to ramp up resources to ensure that every prosecutor’s normal is normal hours vs excessive hours.
We will be collecting our evidence in support of these important policy grievances and in preparation for a new bargaining cycle in 2022. Stay tuned for our call to our members to fill out surveys and provide information in support of our efforts. We cannot do this without you!