Ministry File Review Committees

February 23, 2010

In the current Ontario Public Service Collective Agreement, which expires December 31st, 2012, new provisions were agreed to for processing and resolving grievances at the early stages. Appendix 41 of the Collective Agreement sets out the terms of reference for the Ministry File Review Committees pilot project. These Committees are designed to review grievances after they have completed Step 2 of the grievance procedure and before they are referred to arbitration at the Grievance Settlement Board. The emphasis is on settling more grievances earlier, and ensuring that whenever possible the outcome is determined by the union and the employer, rather than an arbitrator.

During 2009 the union and the employer set up File Review Committees for the following nine ministries: 

• Ministry of Community Safety and Correctional Services (Adult Community Corrections employees only)

• Ministry of Community and Social Services

• Ministry of Finance

• Ministry of Labour

• Ministry of the Attorney General

• Ministry of Government Services

• Ministry of Natural Resources

• Ministry of Health and Long Term Care

• Ministry of Transportation

All grievances from these ministries, with a few exceptions as noted in Appendix 41, are now being referred to the Ministry File Review Committees.

The File Review Committees are made up of three management and three union members.  Without the grievor or the immediate management present, these committees examine grievances which have passed Stage 2 and attempt to find a resolution to the grievance which may be satisfactory to both the grievor and manager in the workplace. The union members on the committee discuss possible outcomes with the grievors after that initial committee meeting and employer representatives do the same with their managers. If the grievance is not settled (or withdrawn) within 45 calendar days after referral to the Committee, the grievance must be referred to the Grievance Settlement Board within 15 business days.

Grievances should continue to be referred to the OPSEU Contract Enforcement Unit when they are denied at Stage 2, or when the timelines for resolution at Stage 2 have passed. However, because the emphasis of the MFRCs’ work is on settling grievances at the early stages, the MFRCs will sometimes refer the grievances back to the local union and management parties, with recommendations, to make another attempt at resolution. This may include referring grievances back to the local parties to hold a Stage 2 meeting where no meeting has been held.

When the grievance is referred back to the local parties, they will have 14 calendar days to resolve the grievance before it is referred back to the MFRC. The 45-day timeline for the MFRC to resolve the grievance is extended by the number of days the grievance is referred back to the local parties.

In an effort to increase the early resolution of grievances, the MFRCs are also promoting full disclosure by both union and management, to the best extent possible, at the early stages of the grievance procedure. It is vitally important that all evidence – the “who, what, where and when” – gets included when the grievance is forwarded to the Contract Enforcement Unit.

For the complete language governing these committees, please see Appendix 41 at page 247 of the OPS Collective Agreement.

Click here to view the MFRC Timelines Chart