Classification Dispute Procedure

The Employer uses its AMAPCEO Job Evaluation plan to classify AMAPCEO positions within the OPS.

If members have questions or concerns about their classification, you may wish to refer them to the Job Description, Job Codes, and Job Classification factsheet. 

Below is the five-step classification dispute process

Step One      

If a member contacts you with a claim that their position is improperly classified, you should encourage them to first discuss this claim with their immediate supervisor. The employee can do this at any time, but in order to trigger Step One, they must complete the AMAPCEO Classification Dispute form. They should be sure to specify in their complaint what classification level they believe their position to be.

Please refer to the Job Description, Job Codes, and Job Classification factsheet for more information on how to support a member at Step One of the classification dispute process or before.

Step Two    

At Step Two, AMAPCEO takes over the dispute and your involvement as a WPR becomes limited. If the dispute is not resolved within thirty days at Step One, an AMAPCEO Workplace Advisor (WA) can make a written submission regarding the employee’s classification to the Enterprise Classification Unit (ECU) for review and consideration, including a proposed new classification and rationale for this proposal. Be sure to inform the WA for the ministry of the member in advance of the expiry of the thirty days to allow them time to prepare the submissions.

The ECU will review this written submission and complete a report, including reasons that either confirms the existing classification level or determines a reclassification of the position. The ECU must issue this report within 20 days of receipt of the union’s written submission.

If the ECU determines that a reclassification is required, the position will be reclassified effective the date of the filing of the dispute at Step One.

Step Three  

If the ECU determines that no reclassification is required and the member is not satisfied with the ECU report, AMAPCEO can refer the issue to the Classification Review Subcommittee (CRSC) of ACERC. An AMAPCEO Dispute Resolution Officer must make this submission to the CRSC within 15 days of the receipt of the ECU report.

A panel consisting of equal representation of three AMAPCEO representatives and three Employer representatives will review classification matters that remain in dispute after being reviewed by the ECU. All panel members must have completed joint training on the classification system prior to participating in a review of any classification matters brought forward to the CRSC. The CRSC will review any written submissions from the union and the written report of the ECU. Oral evidence or presentations are not part of this process, and the member does not attend any panel meetings.

The CRSC will make their final decision by a vote. If the subcommittee determines that a reclassification is required, the position will be reclassified effective the date of the filing of the dispute at Step One.

Step Four  

If the matter remains unresolved at Step Three, then the union may advance the matter to Step Four. At this stage, the union may request that an analysis of the employee’s classification be completed and submitted to the CSRC by a jointly agreed-upon, neutral third party. In this case, both parties will share the cost of the third party.

The third party will be provided with the following information:

• the employee’s job description;
• the Job Evaluation Plan;
• the evaluation rationale for the disputed position;
• AMAPCEO’s written submission at Step Two;
• the ECU Report.
• a summary, limited to two pages, from each of the parties setting out their respective positions; and
• a maximum of three comparators from each party of positions one level below, one level above and from within the level.

The third party may make other inquiries they deem necessary and will provide a written report to the parties within 30 days of when the issue was referred to them. This report will be considered by the CRSC when attempting to reach a consensus.

If the CRSC determines that a reclassification is required after reviewing the third party’s report, then the position shall be reclassified effective the date of the filing of the dispute at Step One.

Step Five  

If the CRSC determines that a reclassification is not required, but AMAPCEO still believes the employee to have a strong case, the union can refer the issue to the Job Evaluations Appeals Committee (JEAC) to meet and attempt to resolve the issue.

The JEAC consists of the Deputy Minister of the Ministry of Government Services or their representative and the President of AMAPCEO or their representative. If both parties reach agreement at the JEAC, this decision will be final and binding. The committee will produce a written decision but is not required to include a rationale. If the JEAC is unable to resolve the matter within 30 days of their first meeting, then the Deputy Minister or his or her designee will produce a written decision that will be final and binding. This decision also does not have to include a rationale.

If the JEAC determines that a reclassification is required, the position will be reclassified effective the date of the filing of the dispute at Step One.