The AJC Challenges the Common Hybrid Work Model  

On January 26, 2023, the AJC filed a policy grievance to challenge the employer’s unilateral decision to impose the Common Hybrid Work Model and force our members back into the workplace 2-3 days per week.  Among a number of remedies sought, the AJC is asking for an order requiring the employer to rescind the Common Hybrid Work Model.

The policy grievance alleges multiple employer violations of the AJC Collective Agreement and other legal obligations including:

• That the employer’s unilateral imposition of the Common Hybrid Work Model on December 15, 2022, was an unreasonable exercise of management rights contrary to art. 5 of the Collective Agreement;
• That the employer failed to consult the AJC on a fundamental change to our members’ working conditions contrary to art. 25 of the Collective Agreement and s. 8 of the Federal Public Sector Labour Relations Act;
• That the forced return of our members to the workplace puts their health and safety at risk, thereby violating art. 26 of the Collective Agreement and the employer’s obligations under the Canada Labour Code; and
• That the employer’s actions and implementation of the Common Hybrid Work Model violate the non-discrimination clause in art. 36 of the Collective Agreement as well as the Canadian Human Rights Act.

Read the full policy grievance here.

In addition to the policy grievance, the AJC has also advocated directly to Department Heads to impose the least restrictive version of the Work Model permitted, or 2 days per week, and continues to seek assurances that all work outside of the home, including in court appearances, travel and attendance at training are counted towards in-office presence.

Background:

On December 15, 2022, the Treasury Board announced the imposition of the Common Hybrid Work Model for the Federal Public Service. This Work Model, developed without consultation with bargaining agents or employee committees, mandated in-office presence for all federal employees 2-3 days per week.  It also removed Departmental Heads’ discretion to manage departmental operations and delegate authorities. 

In developing this poorly thought-out mandate, the Treasury Board relied on unsubstantiated allegations that fly in the face of clear evidence that Public Service Workers, including AJC Members, have been productively working remotely since the beginning of the Covid-19 pandemic.

Remote work and teleworking, including the option to do so full-time, had benefits for many AJC members, including increased career opportunities for members outside the NCR, more flexibility for caregivers, access to a better work environment for members with disabilities, and a reduction in microaggressions experienced by racialized members.

The AJC will continue to keep you updated as the policy grievance and other advocacy continues.  In the meantime, should you require assistance with seeking an exemption from the policy for accommodation reasons or based on the other exceptions available under the Work Model please reach out to your Governing Council Representative for assistance.