Public Service Alliance of Canada BC

Can an employer policy that does not form part of my collective agreement be grieved and eventually be heard in front of the Public Service Labour Relations Board (PSLRB)? Recently, the PSLRB issued a decision on that matter. It involved the Canada Border Services Agency specifically their Accommodation Policy.

The PSAC filed a “policy grievance” alleging that the CBSA Accommodation Policy as it was being applied to employees who failed the current “arms training” was a violation of Article 19 (No Discrimination) of the PA collective agreement. The Employer raised a preliminary objection on two grounds which the PSLRB did not accept.

This is an important decision because it sets out the parameters of, what can be a policy grievance and also confirms that an adjudicator can decide whether an employer policy is contrary to the collective agreement even if the policy is not incorporated into the collective agreement.

Read the complete decision here (pdf): 569-02-39-arming-control-cbsa