| 29.01 |
Definitions and Scope |
|
(a) |
A grievance is a
difference arising out of the interpretation, application, operation or any
contravention or alleged contravention of this Agreement or as to whether
any such difference can be the subject of arbitration. |
|
(b) |
Notwithstanding
Sub-Clause 29.01(a), any complaint pertaining to a classification or the
classification process, or the evaluation of an Instructor's or Teacher's
preparation, shall not be considered a grievance for the purposes of this
Article and shall not be subject to the grievance process. |
|
(c) |
A complaint alleging
sexual harassment, unjust treatment, discrimination, or alleging unfair
working conditions, may be presented as a grievance directly to Level 2. A
decision given at Level 2 shall be final and binding on the Parties and all
interested persons. |
|
(d) |
A grievance concerning
the dismissal or termination of employment of a probationary Employee, or a
grievance concerning a written reprimand, may be subject to the Grievance
Procedure except that it shall not be a subject of arbitration at Level 3. |
|
(e) |
A grievance concerning
the disciplinary dismissal of a Wage Employee may be submitted at Level 1
but not at any other Levels of the Grievance Procedure. Such a grievance
shall be submitted in writing and the decision given by the Designated
Officer at Level 1 shall be final and binding on the Parties and all
interested persons. |
|
(f) |
"Days" means
calendar days. |
|
(g) |
"Demotion"
means a transfer to a position with a lower maximum salary. |
|
(h) |
A Policy Grievance is a
difference which seeks to enforce an obligation of the Employer to the Union
or the Union or its members to the Employer. A Policy Grievance shall not be
an obligation that may or could have been the subject of a grievance by an
Employee. |
| 29.02 |
Meetings During
Grievance Procedure |
|
(a) |
A Union Steward shall
not discuss a grievance, or leave his place of work to investigate a
grievance, during working hours without first obtaining permission from his
supervisor to do so. |
|
(b) |
The Designated Officer
or the aggrieved may request that a written grievance be discussed at Level
1 or Level 2 of the Grievance Procedure. A Union Staff Member or Union
Steward shall be allowed to be present at these discussions, if desired by
the grievor. The grievor's request for a discussion shall not be
unreasonably denied. This discussion shall be recognized as the grievor's
opportunity to clarify the circumstances surrounding his grievance. When a
request for discussion has been approved, leave with pay shall be allowed.
However, the grievor and any accompanying Union Steward shall inform their
respective supervisors before leaving and upon returning to their respective
work places. Expenses incurred in attending the meeting may be claimed in
accordance with the Subsistence, Travel and Moving Expenses Regulation. |
| 29.03 |
Grievance Process |
|
The Deputy Head shall
advise all Employees in his Department by poster or by some other similar
means of notification, of the name, title and mailing address of the
Designated Officer for Levels 1 to 2 of this Grievance Procedure. A copy
shall be sent to the Union. |
|
(a) |
Level 1 |
|
|
An Employee wishing to
pursue a grievance, shall submit it in writing to the Designated Officer at
Level 1 within fourteen (14) days of the date upon which the subject of the
grievance occurred or the time the Employee first became aware of the
subject of the grievance. |
|
|
The Designated Officer
shall reply in writing within fourteen (14) days of receipt of the
grievance. |
|
(b) |
Level 2 |
|
|
With the approval of
the Union in writing, an Employee not satisfied with the reply at Level 1
shall, within fourteen (14) days of receipt of that reply submit his
grievance in writing to the Designated Officer at Level 2. |
|
|
The Designated Officer
at Level 2 shall reply in writing to the Employee within fourteen (14) days
of receipt of the grievance at Level 2 and shall submit a copy of his reply
to the Union. |
|
(c) |
Variance From
Grievance Procedure |
|
|
The level of
commencement of a grievance may be varied up to and including Level 2 by
written agreement between the Employing Department or the Employer and the
Union. |
|
(d) |
Grievances involving
Dismissal, Suspension without pay and Demotion shall be commenced at Level
2, unless otherwise agreed between the Parties pursuant to Sub-Clause
29.03(c) above. |
|
(e) |
Policy Grievance |
|
|
A Policy Grievance
shall be submitted to the other Party within fourteen (14) days of the date
upon which the alleged violation of the Collective Agreement has occurred,
or within fourteen (14) days from the date upon which the aggrieved Party
first became aware of the subject of the grievance. |
|
|
Within a reasonable
time of filing a Policy Grievance, the Parties shall meet in an attempt to
resolve the difference. Failure to resolve the Policy Grievance within
fourteen (14) days of filing shall entitle the aggrieved Party to advance
the Policy Grievance to Level 3 within an additional fourteen (14) days. |
| 29.04 |
Level 3 - Arbitration |
|
(a) |
If a settlement is not
reached through the above proceedings, an Employee with the approval of the
Union (in the case of an Employee grievance), the Union (in the case of a
Union grievance) and the Employer (in the case of an Employer grievance) may
refer the grievance to arbitration by notice in writing that must be given
within fourteen (14) days of receipt of the reply at the previous stage or
level to which the grievance was advanced. Notice to the Employer shall be
given to the Public Service Commissioner. |
|
(b) |
The submission of a
grievance to arbitration shall be to an Arbitration Board of three (3)
members, one (1) to be appointed by the Union, one (1) to be appointed by
the Employer and a third, who shall act as Chairperson, to be mutually
agreed upon by the other two (2), or to a single arbitrator or to a
mediator-arbitrator. |
| |
(c) |
(i) |
The notice referred to
in Sub-Clause 29.04(a) above shall indicate which system of arbitration the
party wishes to follow, and state the name of its nominee to an arbitration
board or suggest one or more names of persons it is willing to accept as a
single arbitrator; or mediator-arbitrator, as the case may be; |
|
|
(ii) |
Upon receipt of the
notice referred to in Sub-Clause 29.04(a) above, the other Party shall
respond within seven (7) days, indicating which system of arbitration it
finds acceptable in respect to the grievance. If the other Party does not
respond within the said seven (7) days, the grievance will be dealt with by
an Arbitration Board. If it is not agreed that a single arbitrator or
mediator-arbitrator shall be used, the other Party shall state the name of
its nominee to an Arbitration Board. The Party initiating the submission of
the grievance to arbitration under 29.04(c)(i) above shall then, within
seven (7) days, state the name of its nominee to an Arbitration Board. If
the other Party fails to appoint its nominee to an Arbitration Board within
fourteen (14) days, its nominee will be appointed by the Chair of the Labour
Relations Board upon request of the Party submitting the grievance to
arbitration. If the other Party agrees to a single arbitrator or
mediator-arbitrator, it shall suggest one or more names of persons it is
willing to accept as arbitrator or mediator-arbitrator. |
|
(d) |
Where the Parties have
submitted a grievance to a mediator-arbitrator, they shall request the
mediator-arbitrator to mediate between them and to encourage them to resolve
any difference or differences raised by the grievance. If the
mediator-arbitrator determines that the Parties will not resolve their
differences, then the mediator-arbitrator is empowered to determine any and
all differences and to issue a written award concerning the same. The
Parties agree that unless it is otherwise agreed between them, any
resolution reached with the assistance of a mediator-arbitrator, or any
determination made by a mediator-arbitrator shall not establish a precedent
for any other grievance, difference or dispute. |
|
(e) |
A single arbitrator or
mediator-arbitrator shall have all of the same powers as an Arbitration
Board. In such cases, the Party referring the grievance to arbitration,
shall, instead of submitting the name of its nominee, submit the name of the
arbitrator it wishes to suggest to the other Party. If agreement cannot be
reached on the appointment of a single arbitrator or upon the appointment of
a mediator-arbitrator, within seven (7) days, an Arbitration Board will be
appointed in accordance with the provisions above. |
|
(f) |
Each Party to this
Agreement shall bear its own costs of arbitration, including the costs of
its nominees to the Board. The Parties shall bear equally the costs of
arbitration board Chairpersons and single arbitrators and
mediator-arbitrators. |
|
(g) |
The Deputy Head shall
grant an Employee leave of absence with pay for the purpose of attending the
arbitration of his grievance. Except where a dismissal of the Employee is
upheld by the arbitration decision, an Employee may claim his expenses
incurred in attending the arbitration of his grievance in accordance with
the Subsistence, Travel and Moving Expenses Regulation. |
|
(h) |
The Deputy Head shall
grant leave of absence with pay to a witness appearing under notice to
attend at arbitration proceedings. |
| 29.05 |
Power of Boards of
Arbitration |
|
(a) |
Arbitration Boards,
single arbitrators and mediator-arbitrators are empowered to decide
grievances between the Parties or persons bound by the Collective Agreement. |
|
(b) |
Arbitration Boards,
single arbitrators and mediator-arbitrators shall not add to, alter, modify
or amend any part of the terms of the Collective Agreement by their
decision, nor make any decision inconsistent with it nor to deal with any
other matter that is not a proper matter for grievance under the Collective
Agreement. |
|
(c) |
Arbitration Boards,
single arbitrators and mediator-arbitrators shall confine their decisions
solely to the precise issue submitted to them and shall have no authority to
make a decision on any other issue not so submitted. |
|
(d) |
When disciplinary
action against an Employee is involved, the Arbitration Board, single
arbitrator or mediator-arbitrator may vary the penalty as is considered just
and reasonable under the circumstances. |
|
(e) |
Where a grievance is
heard by a three (3) member Board, the decision of a majority of the members
is the decision of the Board, but if there is no majority, a decision of the
Chairperson governs and that decision is the decision of the Arbitration
Board. |
| 29.06 |
Arbitration Decisions |
|
Arbitration decisions
shall be final and binding on the Parties and all other interested persons. |
| 29.07 |
Procedures and Time
Limits |
|
(a) |
Time limits and
procedures contained in this grievance procedure are mandatory. Failure to
pursue a grievance within the prescribed time limits and in accordance with
the prescribed procedures shall result in abandonment of the grievance.
Failure to reply to a grievance in a timely fashion shall advance the
grievance to the next level. Grievances so advanced shall be subject to time
limits as if a reply had been made on the last allowable day of the
preceding level in the procedure. |
|
(b) |
Time limits in this
Article may be extended by written agreement between the Employing
Department or the Employer and the Union. |
|
(c) |
Service of Documents |
|
|
If anything is required
or permitted to be served under this Agreement, it shall be deemed to be
properly served if it is served: |
|
|
(I) |
in the case of an
individual: |
|
|
|
(i) |
personally or by leaving it for him at his last
or most usual place of abode with some person who is apparently at least
eighteen (18) years old; or |
|
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|
(ii) |
by mailing it to him by registered or certified
mail at his last known post office address; or |
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|
(iii) |
personally by a receipted courier service. |
|
|
(II) |
in the case of the
Employer: |
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|
(i) |
personally on the Public Service Commissioner;
or |
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|
(ii) |
by leaving it at or by sending it by registered
or certified mail to the office of the Public Service Commissioner; or |
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|
(iii) |
personally on the Public Service Commissioner
by a receipted courier service. |
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|
(III) |
in the case of the
Employing Department: |
|
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|
(i) |
personally on the appropriate officer; or |
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|
(ii) |
by leaving it at or by sending it by registered
or certified mail to the Human Resources representative of the Employing Department; or |
|
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|
(iii) |
personally on the appropriate officer by a
receipted courier service. |
|
|
(IV) |
in the case of the
Union: |
|
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|
(i) |
personally on the President, Secretary or an
officer of the Union or by leaving it at an office occupied by the Union; or |
|
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|
(ii) |
by sending it by registered or certified mail
to the address of the President, Secretary or an officer of the Union; or |
|
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|
(iii) |
personally on the President, Secretary or an
officer of the Union by a receipted courier service. |
|
|
(V) |
The date of delivery
establishes the date of receipt for documents that are served personally. |
|
|
(VI) |
Documents that are
mailed by registered or certified mail shall be deemed to have been received
on the date they are registered or certified with Canada Post. |
|
(d) |
Procedures as
stipulated in this Article may be varied by written agreement of the
Parties. |
