What to Do When the Union Refuses to Support You

I’ve been contacted by members who shared a deeply frustrating experience: their union—despite years of paid membership—refused to support their grievance against an employer’s disciplinary action that, in their view, violated their human rights.

One such refusal included this quote from a PIPSC Employment Relations Officer (ERO):

" I do not recommend filing a grievance on the Policy, your LWOP, nor the religious exemption request. If you disagree, pursuant to the PIPSC’s Policy on Representational Services, you may request reconsideration of my recommendation to the Director, Regional Labour Relations Services, Nancy Lamarche (nlamarche@pipsc.ca). Your request for reconsideration must be received no later than the end of business day MM  DD  YYYY"

These members were left confused, isolated, and unaware that they still had the right to file a grievance—especially when the issue did not relate to the interpretation of the collective agreement, but rather to disciplinary action and possible Charter violations.

So I created this article to serve as a guide for those in the same situation—

• on how to file a grievance without union support,  and 

• how to hold the union accountable if it fails to fairly represent its members.

Filing a Grievance Without Union Support

If you’ve been disciplined (e.g., suspended, demoted) and your union refuses to help, you can still file and carry a grievance to adjudication on your own.

Step-by-Step Process and Timelines

1. File Level 1 grievance within 25 working days of the suspension.

2. Wait for the Level 1 decision (typically 10–15 days).

3. If denied, transmit it to Level 2 within 10 working days.

4. Wait for the Level 2 decision (another 10–15 days).

5. If denied again, transmit it to Level 3 within 10 working days.

6. After the Level 3 denial, you have 40 calendar days to file for adjudication with the Federal Public Sector Labour Relations and Employment Board (FPSLREB).

Documents Needed:

• Grievance Presentation Form (TBS/SCT 340-4E) - Download it from TBS site

• Transmittal forms (or a signed cover memo)

• Suspension letter

• Employer responses (Level 1–3)

• Request for Adjudication form (FPSLREB)

What If You Miss a Deadline?

Missing a deadline doesn’t always mean the process is over.

• If you missed filing the grievance on time, explain your situation and ask HR to still accept it.

• If you missed the 10-day deadline to move to Level 2 or 3, ask the department to process it anyway.

• If you missed the 40-day adjudication deadline, include a written request to the FPSLREB asking for an exception and explain why fairness requires your case to be heard.

Appendix A: Step-by-Step Details Filing a Grievance without Union

Step 1: File Grievance (Level 1)

• Form: Use the official Grievance Presentation Form (TBS/SCT 340-4E)

  • Available here: TBS Grievance Form PDF

• Who to send to: Your supervisor or department HR

• Deadline: Within 25 working days of becoming aware of the suspension decision

Step 2–3: Level 2 and Level 3 Transmittals

• After each decision, if not satisfied, complete a Transmittal Form (no official government version—usually a short letter or memo stating the grievance should be elevated).

• Address to your department’s grievance coordinator or HR.

• Submit within 10 working days of receiving the decision.

Step 4: Request Adjudication

• If Level 3 decision is unsatisfactory, file a:

  • Request for Adjudication Form

  • Download from FPSLREB: https://www.fpslreb-crtespf.gc.ca/en/forms/

• Deadline: Must be received within 40 calendar days of Level 3 decision

• Include:

  • Original grievance

  • All responses (Level 1–3)

  • Suspension letter

  • Any correspondence

  • Your explanation for why the decision was unjust

Key Principles for the Grievant

• Timeliness is critical – missing deadlines could end the grievance rights

• Keep a written record – all forms, emails, decisions, and timelines

• State clear remedies – e.g., removal of the suspension from your file, back pay

• Assert Charter rights – if bodily autonomy or freedoms are involved, mention this explicitly

Step-by-Step Process to Refer a Grievance to Adjudication

Step 1: Verify Eligibility for Adjudication

Not all grievances can go to adjudication. Only certain types of grievances are eligible, such as:

• Disciplinary action (e.g., suspension, termination)

• Demotion

• Deployment (if it results in a significant disadvantage)

• Rejection on probation (in specific contexts)

• Interpretation or application of a collective agreement (if permitted by legislation)

If your colleague is unsure whether their grievance is adjudicable, they can contact the FPSLREB directly for clarification.

Step 2: Fill Out the Adjudication Request Form

The form required is:

“Request for Adjudication” (FPSLREB Form)
You can download it here:
🔗 https://www.fpslreb-crtespf.gc.ca/en/forms/

Form name: “Request for Adjudication – Individual Grievance”

Key Information to Provide:

• Grievant’s full name and contact info

• Department/Agency

• Nature of grievance

• All levels of decision received (attach copies of Level 1, 2, 3 responses)

• Whether the grievance involves a collective agreement

• Whether you are self-represented or represented by someone else

Step 3: Submit the Form to FPSLREB

Where to send it:

Federal Public Sector Labour Relations and Employment Board (FPSLREB)

• By email: director.directeur@fpslreb-crtespf.gc.ca

• By mail or courier:
  FPSLREB
  240 Sparks Street, 6th Floor West Tower
  Ottawa, ON K1A 0A5

Step 4: Submit Within the Time Limit

The request must be submitted within 40 calendar days of receiving the Level 3 decision.

Deadline is strict. If missed, the Board may reject the referral.

Step 5: Prepare for Hearing

Once accepted, the Board will:

• Confirm receipt of the request.

• Schedule a case management conference (CMC).

• Eventually schedule a hearing date.

Since the colleague is not represented by the union, they will be self-representing, unless they hire a legal counsel or agent.

Documents to Attach with the Adjudication Request

• Grievance form filed at Level 1

• Responses received from Levels 1, 2, and 3

• Copy of the collective agreement (if applicable)

• Any relevant supporting documentation (emails, letters, performance reports, etc.)

Tips for Self-Representation

1. Organize all documents chronologically.

2. Write a concise summary of your grievance, facts, and why the decision was unfair.

3. Be specific about the remedy you're seeking (e.g., reinstatement, removal of discipline, compensation).

4. Request procedural fairness—if employer breached procedural steps.

5. If English/French is not first language, consider requesting interpretation assistance from the Board.

Contact for Help

• FPSLREB general inquiries:
  📧 info@fpslreb-crtespf.gc.ca
  ☎️ 1-866-931-3454 (toll-free)

Final Option: Judicial Review

If the adjudication decision is still unfavorable, your colleague could pursue a judicial review through the Federal Court of Canada—but that is a complex legal step and usually requires a lawyer.

What to do if you missed the Deadlines

Scenario A: Missed Deadline Between Levels (e.g., Level 2 → Level 3 Transmittal)

Consequence:

• The employer can refuse to process the grievance further, arguing the grievance was abandoned or not properly pursued within the prescribed timelines.

• She loses the right to continue through internal grievance levels.

Possible Action:

• Submit a written explanation to the employer (usually the Labour Relations unit) requesting acceptance of the late transmittal due to:

  • Medical issues

  • Mental health/stress

  • Lack of awareness of the deadline

  • No union support and procedural confusion

  • Other compelling personal circumstances

Outcome:

• The employer may allow the grievance to proceed at their discretion (rare but possible, especially if delay is short and explanation is reasonable).

• If denied, she cannot proceed to adjudication, unless an exception is granted (see below).

Scenario B: Missed the Final Deadline to File for Adjudication (40 calendar days after Level 3 denial)

Consequence:

• The Federal Public Sector Labour Relations and Employment Board (FPSLREB) will likely reject the request for adjudication as untimely.

Possible Action:

• Submit the Request for Adjudication with a covering letter requesting that the Board exercise discretion to accept a late filing, under exceptional circumstances.

The covering letter must:

• Explain clearly:

  • Why the deadline was missed

  • Why the delay was not intentional or negligent

  • Why the matter is important or involves fairness/justice/rights

  • What harm may occur if the Board refuses to hear the case

• Include any evidence (e.g., medical notes, correspondence showing confusion/misguidance)

Outcome:

• The FPSLREB can (rarely) allow a late grievance to proceed if fairness justifies it.

• The Board will first rule on the timeliness issue before considering the grievance’s merits.

If No Exception Granted (Deadlines Missed and Rejected)

Then the grievance is closed administratively.

Remaining Options:

1. File a Human Rights Complaint
   If the suspension relates to discrimination (e.g., disability, religion, sex, etc.), she can file a complaint with the:

   • Canadian Human Rights Commission
     https://www.chrc-ccdp.gc.ca

2. File a Charter Challenge (in rare cases)
   If her suspension clearly violates her Charter rights (e.g., bodily autonomy, expression), she may consult a constitutional lawyer and consider:

   • A judicial review or Charter claim in Federal Court

   • Must be filed within 30 days of final internal decision

3. Use Internal Recourse (if still employed)
   She could:

   • Request reconsideration via Management Review

   • Submit a respectful letter to Deputy Head explaining the procedural injustice

   • Seek alternate dispute resolution (e.g., informal mediation)