CEUDA Appeals Representation Policy
 

I.  Preamble

This Policy was designed to assure CEUDA reimburses Member Appeal Representatives for out-of-pocket expenses and loss of normal income from the Canada Border Services Agency (CBSA) incurred while undertaking appeal representation.

II.  Overview

1.  Disclosure Hearings and/or Appeal Hearings

a.   The CBSA will usually cover the Member Appeal Representative's leave (Union Leave with Pay) for Disclosure Hearings and/or Appeal Hearings. 

b.   Member Appeal Representatives who work on shifts must request that all Disclosure Hearings and/or Appeal Hearings take place during their normal working hours, or insist on shift changes when this is not possible.

 c.   Difficulties in obtaining Union Leave with Pay, or shift changes, should be reported immediately by the Member Appeal Representative to her/his CEUDA National Vice-President in order to resolve the matter.

2.  Appeal Preparation

a.   CEUDA will reimburse the Member Appeal Representative's leave (Union Leave without Pay) for loss of normal income for Appeal Preparation.

b.   i.    Member Appeal Representatives are required to take Union leave WITHOUT pay for Appeal Preparation.

ii.    CEUDA will not reimburse Member Appeal Representatives for Appeal Preparation when undertaken during days of rest, week-ends or designated holidays.

III.  Assignment of Appeals

1.   Member Appeal Representatives will not engage in Appeal Preparation, or Disclosure Hearings and/or Appeal Hearings, without prior approval from the National Office.

2.   All Appeals will be assigned by the National Office to the appropriate Member Appeal Representative, under authority of the National President.

IV.  Appellant Refusal of Representation from CEUDA

1.   Should an Appellant refuse representation from CEUDA and/or any CEUDA Member Appeal Representative, assigned or selected:

a.   CEUDA will determine the Appellant has chosen not to be represented by CEUDA or by any CEUDA Member Appeal Representative, assigned or selected; and

b.   full responsibility and costs for representation shall be the responsibility of the Appellant.

V.  Technical Guidance from Technical Officers

1.   Technical Officers from the National Office will provide comprehensive technical guidance to all Member Appeal Representatives including copies of decisions and related information pertaining to past appeals.

VI.  Expenses

1.   Expenses and wage reimbursement to be undertaken by Member Appeal Representatives must be pre-approved by the National Office before being incurred.

2.   Only expense claims submitted to the National Office using a CEUDA Expense Voucher for Appeals Representation, with all supporting documentation (for example: approved leave forms, time sheets, receipts, and Voucher), will be processed.

3.   Claims for loss of normal income due to representation in Disclosure Hearings and/or Appeals Hearings will not be processed if no effort has been demonstrated (as outlined in Section II,  article 1. c. of this policy) to obtain Leave with Pay from the Agency.

4.   Regulation 15-1 does not provide reimbursement for loss of normal income in excess of 7.5 hours (straight time), except for Members on scheduled VSSA's or compressed work week.

5.   CEUDA will reimburse Member Appeal Representatives at the CEUDA National Board of Director rates outlined in Board of Directors Regulation 15-1 when expenses are incurred for meals, travel, and hotel.

6.   Meals and travel expenses will be reimbursed as per the Allowances identified in the Treasury Board Travel Directive.

VII.  National Office must be Kept Informed

1.   When an Appellant refuses representation from CEUDA and/or any CEUDA Member Appeal Representative, assigned or selected, the Member Appeal Representative will immediately advise the National Office.

2.   On a regular basis, Member Appeal Representatives will advise the National Office of the status of an Appeal.

3.   Member Appeal Representatives will prepare and submit to the National Office a brief summary outlining reasons why no Appeal Hearing took place; for example, withdrawal.

4.   Member Appeal Representatives must forward a copy of the appeals decision to the National Office, as soon as possible after it is rendered.

5.   Member Appeal Representatives will notify the National Office immediately of any change to their address, work location, telephone or facsimile numbers.

6.   Member Appeal Representatives will notify the National Office immediately if no longer able to:

a.   represent and/or continue representing in the assigned appeal; or

b.   undertake any future appeal representation.