Update on the AJC Policy Grievance: Return to Office 2.0

We are providing an update on the AJC’s second Policy Grievance regarding the Return to Office Directive. On November 14, 2024, the AJC attended a policy grievance hearing with Treasury Board (TBS). External counsel represented the AJC, presenting both oral and written submissions.

Background

This grievance challenges unilateral amendments made by TBS on May 1, 2024, to the “Direction on Prescribed Presence in the Workplace” (Direction). These amendments increased the minimum in-office attendance requirement for federal public service employees, including federal lawyers, from two to three days per week. Additionally, the updated Direction empowered deputy heads to mandate on-site work for a minimum of 60% of employees' weekly or monthly schedules. The amended Direction was fully implemented on September 9, 2024.

Key Issues Grieved

The AJC’s grievance, filed on September 9, 2024, alleges the following:

1. Unreasonable: The Employer acted in contravention of article 5 (Management Rights) by implementing these changes unilaterally and unreasonably.
2. Discrimination: The amendments disproportionately impact members on various prohibited grounds of discrimination as per article 36 of the LP Collective Agreement and section 7 of the Canadian Human Rights Act (CHRA).
3. Failure to Consult on Office Space: The Employer did not consult meaningfully about office space, violating Appendix D of the AJC Collective Agreement, compromising lawyers’ professional obligations to protect information.
4. Health and Safety Violations: The Employer failed to protect members' occupational health and safety, violating article 26 of the LP Collective Agreement and sections 124 and 125 of the Canada Labour Code, Part II.
5. Lack of Joint Consultation: The Employer did not fulfill its consultation obligations under article 25 of the LP Collective Agreement and section 8 of the Federal Public Sector Labour Relations Act (FPSLRA).
6. Breach of Values and Ethics Code: By imposing these changes, the Employer violated the Values and Ethics Code for the Public Sector, undermining a non-partisan public service.

Hearing Highlights

The AJC presented a robust case, including survey results from a recent member consultation conducted between October 1-19, 2024. These results detailed the adverse impacts of the Direction, bolstering our grievance.

Next Steps

The Employer is expected to provide its formal response by December 20, 2024. We will update you as developments unfold.

Thank you for your continued engagement and support as we advocate for your rights and well-being.