The Classification Appeal Board is a quasi-judicial body. This means that you can present evidence etc. The rules governing the Classification Appeal Board are not contained in the Master Agreement. Instead they are found in the Public Service Act. The decision of the Board is final and binding. This means that the decisions of the Board are neither grievable nor arbitral.

The Board consists of three members. A Board Chair and a nominee from the employer side and a nominee from the Union. The nominee from the employer side will not be from your department. The Board members sit at the front of the room.

The format of the presentation is that each side will have a spokesperson and possibly a resource person. We suggest that you not attend the Board alone. You can take a resource person: a co-worker, a Union rep, an in-scope supervisor or even a friend for moral support. If it is a group appeal, all members of the group may attend and be seated on the employee side of the table.

The format to a Board hearing usually follows this agenda:

• Introductions
• Presentations from both parties
• Rebuttal
• Questions and Answers (clarification)

The Board Chair will make introductions and discuss the rules governing the hearing. Each side is allowed to speak during their presentation, but all questions should be saved for the end and all discussion should be directed through the Board Chair.

You must provide copies of your brief for all in attendance. The brief must be written and read by the spokesperson.

Usually 7 copies are enough. The employer should allow you to use their copy equipment etc. to produce your brief. Please remember that you should try to make your presentation look as good as possible. This is your one opportunity to really speak to your appeal.

The employer will present their brief first. Take careful notes of what they are emphasizing. As well, if the Board asks any questions, take notes of what the questions and answers are. This will come in useful for the rebuttal.

You will then present your brief. Again take careful notes of what questions are asked by the Board. Sometimes the employer will seek clarification as well, try to answer their questions as clearly as possible.

Once both sides have presented, there is usually a break of about 15 minutes to allow each side to prepare rebuttal arguments. You will use this time with your resource person and any others to go over the employer’s brief and the questions that were asked to assemble your arguments as to where the employer brief is either weak or does not accurately represent your position.

Once the hearing resumes, the employer will again go first with their rebuttal. You will go second. During the employer rebuttal again keep track of what is being said so that you can respond.

At the end of the hearing the Board may ask questions or seek clarification.

After that if there are any closing remarks each side can make them.

The entire hearing should only last approximately 1.5 hours. You should receive notification of the result within a week or two.

NOTES:

AUPE will also provide upon request:

• Guidelines for the Classification Appeal Board
  
• Copies (up to 7) including binding
  
• Assistance at our offices for preparation.
  
• The Employer may allow time to prepare the appeal brief at their expense; this needs to be arranged between the member and their manager.

You are responsible for:

• Submitting all forms (CAB 1 – Executive Summary) to the Board in a timely fashion – remember to check all deadlines.
  
• Keeping track of all deadlines.
  
• Writing and editing your brief.
  
• Presenting your case to the Board.
  
• The employer is responsible for your time off without loss of pay to attend the hearing as well as expenses incurred to attend. Please arrange this through your employer. If you have any problems, please contact our Classification section.