This communique is to help clarify for members the process regarding formal complaints members may have regarding their year-end Performance Rating. You will notice that our Collective Agreement only allows for a grievance to be submitted for a “1” rating. For any other rating, the rating cannot be grieved, but the process on how the rating was established can be. The “HRP&D Process is found on the Intrapost Website and is referred to in article 47 of the Collective Agreement. I have provided CA language below for your reference.
47.1 Performance appraisals shall be completed in accordance with the Corporation’s Performance Management Process, as amended from time to time. Performance appraisals shall be done in a fair and reasonable manner.
Performance Rating 1.
If a member is not satisfied with the “1” rating then as per the Collective Agreement language, Letter 1 states the following process as follows;
Collective Agreement Page 158 – from Letter 1 – item 2 – The review Process
The following review process may be used for employees who receive a performance rating of less than “Commendable”: (Met Most Expectations)
a) If an employee, after having completed the standard appraisal process, is still not satisfied with his performance rating because it is less than “Commendable” (Met Most Expectations), then he may advise his Divisional Vice-President.
b) The Divisional Vice-President, if he deems appropriate, informs the Director, Human Resources that the employee is not satisfied and asks for a meeting with the General Manager or his authorized representative.
c) The Director, HR schedules and attends the meeting with the General Manager or his authorized representative and the Divisional Vice-President. Under normal circumstances, the meeting should take place within thirty (30) days of the request by the Divisional Vice-President. The results of the review will be communicated to the employee by the Director, HR.
This review process is different from a regular grievance process. This process allows the DVP an attempt to mediate a resolution with the GM or his/her designate prior to a grievance being filed. Only after this process is exhausted and there is no resolution, a grievance may be submitted. The DVP will base his/her decision on the facts available from the Corporation and the Member. If the DVP is not satisfied with the explanation / evidence provide by the Corporation, he/she will request the file be escalated to Expedited Arbitration.
The following process is for members who are not satisfied with a “2” rating (Met Most Expectations). This process follows the criteria as set out in article 15 of the CA.
15.2 Complaint Stage
Before presenting a grievance through the Association Representative, employees should discuss their complaint with their immediate supervisor or with another local Management Representative. The Management Representative must remind the employee of the right to have an Association representative accompany the employee during such discussion.
15.3 Individual and Group Grievances
An employee or a group of employees, who feel aggrieved by an action or a lack of action or unjust treatment by the Corporation, may submit a grievance in writing to an Association Representative. An Association Representative may also submit a grievance on behalf of one or more employees, alleging a violation regarding the application or administration of this Agreement. The Association representative shall present grievances in the manner prescribed hereafter.
15.5.4 The Corporation must hold a hearing with the Association and reply in writing to the grievance within twenty (20) days following receipt of the grievance, unless otherwise agreed to extend the time limits.
This process is clear and is applied to any other rating that may be challenged
For a Rating of 2 or other
Members who have reviewed their PMP with their Team Leader and are not satisfied with the rating applied should do the following:
- Obtain all your documents pertaining to Performance Management
- Review the HRP&D process found on the Intrapost site “You @ Canada Post / Performance Management”, and identify irregularities that will support your case
- Fill out the Performance Investigation Fact sheet and submit to your local Representative
- Meet and discuss your case with the APOC Representative
- accompanied by the APOC Representative, schedule a meeting with your Manager or Director and discuss your concerns on the applied diagnosis regarding your rating and why it is incorrect
- If no resolution, file the formal complaint including the Grievance Fact Sheet with the Local who will submit to the Grievance Committee for review.
- If the grievance is justified the committee will recommend a grievance be submitted.
- As per article 15 process the grievance hearing is scheduled.
- Failing resolution at the 1st level grievance process, the local will refer the grievance to the Regional DVP for review.
- The DVP will then contact the member for review and/or escalation to Arbitration.
I hope this provides clarification and guidance for members with concerns in PM rating and the complaint process.
The form can be found in the Documents section of the APOC Website or by clicking the following link: Appraisal Investigation