Update on Management Leave Directives

Wednesday, December 15, 2021

The PPSC has recently released its new management leave directive.  As we have previously informed members through our newsletters, the PPSC informed the AJC that it no longer wished to pursue co-development efforts and decided to proceed unilaterally with the implementation of a management leave directive of its own design which it released to members on DATE.  In our view, this new policy falls short and fails to resolve the many issues that we have identified as problematic.  If fails to give direction on how management can exercise its discretion reasonably and consistently across the country, in the granting of management leave and on the amount of management leave to be granted.

As previously reported at the time co-development talks ended, the AJC has filed a policy grievance on the grounds that the PPSC breached the agreement to work on a good faith basis with the AJC to co-develop a directive on management leave which gives managers clear direction on when they should grant management leave and the amount that should be granted, with a view to ensuring a consistent approach.  We also intend to grieve the directive itself on the basis that it is unreasonable, unfair and arbitrary.

Where does this leave the AJC and its members when it comes to management leave?

Pending the outcome of the grievance and any change in approach at the next round of collective bargaining, the employer must still comply with the management rights clause in the collective agreement (art. 5) which requires the employer to act reasonably, fairly and in good faith in administering the collective agreement, including management leave.   This means that the AJC will continue to hold management to account.  To do so, we need membership support by having you do your part by reporting misapplication, misinterpretations to the AJC so that we may consider filing grievances on your behalf in cases where management has acted unreasonably, unfairly or in bad faith. This will also help compile the evidence we require to support our case, as the burden rests with the union when it comes to demonstrating unreasonable, unfair or bad faith allegations. Here is a list of what members can do to help support the AJC in advancing your interests before an eventual adjudicator or in the context of collective bargaining, before an interest arbitration panel, as the case may be:  

  • All who work excess hours are strongly encouraged to regularly request management leave. 
  • To increase your chances of being granted management leave, keep good records and inform your manager regularly of any excess hours you work.
  • We recommend that you ask for a specific amount of management leave, of at least 1:4 ratio of excess hours to hours requested.
  • Provide a summary of applicable considerations including the complexity and intensity of work during the period in question, travel requirements, isolation of court circuits, media attention, time spent away from home, any impact on your family or health, and anything else that may be relevant to your request.
  • Include a link to or copy of your iCase/LCMS (Amicus) entries for the relevant period with your request.

Remember that management leave has to be used within six months of being granted – if you don’t think you will be able to do this for operational reasons or because you are on leave, please address this issue with your manager and contact your AJC Representative for assistance and ask that they defer the granting of the leave until you know for sure that you will be able to take the time off

Should the six-month period to take management leave expire and you were unable to take leave due to operational requirements or on account of protected grounds, do consider asking your manager to reissue the management leave.  There is no guarantee that this will succeed but management has been known to be flexible in the past.

With respect to management leave directive co-development efforts with DOJ, we await much needed statistics on management leave from DOJ.  Our patience is running low and we are contemplating our options in the event this information is not forthcoming. We will provide updates to the membership as progress is made.