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Workload Appeal Review Procedures for Non-instructors

Background

Workload is assigned by Managers to their employees and can be influenced by a number of operational factors.

Reference: Article 62.03(f)/62:04(f), Hours of Work, Article 47 Grievance Procedure and Article 48, Arbitration Procedure.

Process

Employees may request a meeting to review his/her workload if they feel it is warranted. If an employee and their immediate supervisor are not able to agree on the prescribed workload then the employee may appeal the workload decision.

The employee will apply in writing to the next level of management or designate within five (5) working days of receiving the assignment from their immediate supervisor. The employee will need to demonstrate why they feel their workload is beyond the expected norm. The next level manager or designate will meet with the employee to review the information and provide a written decision within five (5) working days of their receipt of the appeal.

If the employee is dissatisfied with the decision of management or designate, they may submit a complaint via a Step 2 grievance to their department’s Executive Director or designate within five (5) working days of their receipt of management’s decision. The Executive Director or designate will follow the normal grievance procedure as outlined in Article 47, Grievance Procedure and provide a written decision within fifteen (15) working days of their receipt of the complaint.

The time limits can be extended by mutual agreement between the parties. Any agreement to do so must be in writing; email correspondence is acceptable.

Should the employee feel their workload appeal review concerns have not been resolved, the matter may be submitted to arbitration as per Article 48 of the Collective Agreement.

Roles

Immediate Supervisor

The immediate supervisor’s role in the workload appeal review process is to provide insight into the workload assigned to the employee. He/she will:

  • Prepare a statement of review of the current workload and its factors
  • Attend the workload appeal review meeting and be prepared to explain the decision behind the employee’s current workload

Management or Designate

Management or their designate will conduct the initial workload appeal meeting. During and after the meeting they will:

  • Ensure all the relevant facts, issues and questions are clarified and discussed.
  • Make a decision following the workload appeal review and prepare a response

Human Resources

The Human Resources Consultant participates as an advisor in the workload appeal reviews. He/she will:

  • Assist management in preparing for the workload appeal review
  • Provide precedent from prior workload appeal reviews
  • Assist in preparing the response by providing a letter template

Meeting

The role of management or designate is to ensure the process is fair and respectful.

The meeting will provide an opportunity for the employee to air concerns over their assigned workload and for both parties to address the concerns with a focus on obtaining a resolution.

Decision Considerations

  • What are the strengths and weaknesses of the management’s points and principles?
  • What are the strengths and weaknesses of the complainant’s points and principles?
  • What are the operational ramifications?
  • What are the financial implications?
  • Are there any other considerations?

Responding to a Workload Appeal

It is important for management or the designate to communicate a clear decision to either deny or allow the workload appeal. There should be consultation with your Human Resources Consultant when preparing your written response.

In preparing a response, the following should be included:

  1. Reference the meeting date and the MGEU file number, if applicable.
  2. Describe the workload issue as presented by the employee, list specific concerns and address each one individually.
  3. Clearly state decision and rational. Options available:
    • Deny the workload appeal. Use the denial letter template.
    • Allow the workload appeal. Use the settlement letter template.
      • If you are allowing the workload appeal ensure that the employee and the union agree to withdraw the workload appeal by including as a condition in the response
  4. Upon completion, forward a copy of the response to Human Resources, the immediate supervisor and if applicable, the next level of management.