Self-Representation 101: How to Defend Yourself When the Union Won’t (Part 1)
New series for public servants: How to navigate the grievance system without union support
I’ve been contacted by several members who shared a deeply frustrating experience: their union—despite years of paid membership—refused to support their grievance against an employer’s disciplinary actions that, in their view, violated their basic fundamental human rights.
One such refusal included this quote from a PIPSC Employment Relations Officer (ERO):
"For all the reasons above, I do not recommend filing a grievance on the (1*) Policy, (2) your LWOP, nor (3) 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 Month DD, YYYY."
(“*”: Numbering is added by DG to taxonomize the three areas where the Union openly stated that they will NOT support the members.)
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 Canadian Charter and Bill of Rights violations.
This article launches the new Self-Representation 101 series—a set of practical guides for members forced to navigate the grievance system without the support of their union. If you're facing suspension, denial of accommodations, or retaliation for exercising your rights, and your union won't help—this series is for you.
TL;DR — Self-Representation 101: Filing a Grievance Without Union Support (Part 1)
This article (Part 1) of the Self-Representation 101 series provides a step-by-step guide for public servants who wish to file a grievance without union representation, especially when facing disciplinary action (e.g., suspension) and the union refuses to help.
It covers:
The full grievance process (Levels 1 to 3, timelines, forms)
How to refer a grievance to adjudication before the FPSLREB
What to do if you miss a deadline
How to file a Duty of Fair Representation (DFR) complaint if the union’s refusal was arbitrary, discriminatory, or in bad faith
The article emphasizes that you can act without the union, and you are not alone. A few union executives are still willing to assist members left behind.
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
File Level 1 grievance within 25 working days of the suspension.
Wait for the Level 1 decision (typically 10–15 days).
If denied, transmit it to Level 2 within 10 working days.
Wait for the Level 2 decision (another 10–15 days).
If denied again, transmit it to Level 3 within 10 working days.
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)
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.
Filing a Complaint Against the Union
If your union dismissed your grievance unfairly, you can file a Duty of Fair Representation (DFR) complaint.
When You Can File a DFR Complaint:
Union refused to represent you without investigation
Union acted arbitrarily or with bias
Union failed to consider your human rights, health status, or Charter arguments
Union dismissed your case based on convenience or internal politics
How to File:
Download the “DFR Complaint” form from the FPSLREB website
Attach:
Emails and letters from the union
Grievance and employer letters
Your timeline of events
Submit it within 90 calendar days to:
Email: director.directeur@fpslreb-crtespf.gc.ca
Address: FPSLREB, 240 Sparks St, Ottawa, ON K1A 0A5
To learn more about the DFR Complaint process, please this article prepared by another PIPSC member:
In Closing: You Are Not Alone
If your union refuses to support your grievance—don’t give up, and don’t stay silent. There are remedies available. The grievance process belongs to you, not the union, and public servants have rights protected by law.
And most importantly, don’t hesitate to reach out for help. I—and a few other union executives who share your concern—are willing to assist. Unfortunately, not many will speak up—but some of us do, and we will support you in defending your rights with dignity and clarity.
This article launches the Self-Representation 101 series, subtitled:
“From grievance to adjudication—what every abandoned member needs to know.”
It is the first in a growing collection of resources aimed at helping members navigate the grievance and adjudication process without union support. Future articles in this series will include real-life stories and scenarios shared by members across the country—presented in a generalized, anonymized format to respect privacy and avoid confidentiality violations.
A dedicated portal page has been created at my Union Portal (https://en.gorodnichy.ca/members/resources/filing-without-union) where all guidance documents, templates, and case examples from the Self-Representation 101 series will be published and continuously updated.
Part 2, which examines the three key areas where unions are most likely to withhold support—religious exemptions, health-related refusals, and political expression—is coming next.
You are not alone. This series is here for you.
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Acknowledgment
Article is written with assistance from ChatGPT using the following prompt:
“WA with all information you provided above - as guide for union members… include quote from PIPSC ERO…”