Date: Monday, March 9, 2015 | Category: Collective Agreement | Author: UniforAdmin
9.1
For the purpose of this Agreement a grievance shall be defined as any difference between the Parties or persons bound by this Agreement regarding the interpretation, application, administration or any alleged violation of this Agreement. A grievance will be defined as either:
- Individual Grievance – A grievance in where the subject matter is personal to the employee and shall be submitted at Step 1 of the grievance procedure.
- Policy Grievance – A grievance submitted by the Union in where the subject matter raises issues of an interpretive nature and may have possible future ramification. It is understood that;
- Such a grievance will not deal with matters which are properly the subject of an individual grievance.
- In terms of relief, a Union policy grievance is limited to a declaration only.
- A Union policy grievance will be submitted at Step 2.
- Group Grievance – A group grievance is where a number of employees with identical subject-matter grievances join together in filing their grievances. A group grievance shall be submitted at Step 1 of the grievance procedure.
9.2
Either Party shall inform the other, in writing, five (5) days prior to any meeting, of any change that may be necessary in the personnel of the Grievance Committee. The five (5) days notice may be waived upon mutual agreement of the Parties.
9.3
All time periods referred to in the grievance and arbitration procedures shall be considered mandatory and shall refer to working days and shall not include Saturdays, Sundays and Company recognized holidays. All time periods may be extended by mutual agreement of the Parties.
9.4
Where a grievance is of an individual nature, an employee shall first give their Manager an opportunity to deal with their complaint.
9.5
If an employee, the Union, or the Company has a grievance, then an earnest effort shall be made by the Parties hereto to settle the grievance without delay and all grievances, disputes and misunderstandings shall be adjusted and settled without a stoppage of work as follows:
- Step 1 - An employee shall submit their grievance to the Department Head, or in the absence of the Department Head, to the Division Manager, in writing. The grievance shall be submitted within ten (10) days from the date the employee became aware or ought to have become aware of the occurrence giving rise to the grievance. The Department Head and/or Division Manager, on receipt of the grievance, shall attempt to settle the grievance with the employee and the employee may, if they so elect, have a member of the Union with them to represent or assist them. A written grievance shall set out the nature of the matter complained of, the provisions of the Agreement allegedly violated and the remedy sought.
- Step 2 - If the grievance is not settled within ten (10) days of it being initiated at Step 1, it shall be referred to the Company Grievance Committee and the Union Grievance Committee who shall attempt to resolve the grievance within the next ten (10) days.
- Step 3 - If the grievance is not settled at Step 2, the grievance may, on written notice of either Party, but within the next ten (10) days, be submitted to arbitration by sending notice to the other Party, naming a sole Arbitrator from one of the persons named herein. The notice of the grieving Party submitting the grievance to arbitration shall contain a brief statement of the nature of the difference, controversy or dispute and identifying the Article or Articles of the Collective Agreement alleged to have been violated.
- Where a grievance arises as the result of a discharge, it may be submitted at Step 2 as set out in (2) above, within ten (10) working days of the employee becoming aware of such discharge.
9.6
The Union Grievance Committee shall consist of not more than two (2) members, at each location, of the local Union. It is agreed that all grievances except policy grievances will be dealt with at the location from which they originated. Policy grievances may be dealt with at either location.
9.7
Where a grievor is required to attend a grievance meeting with the Company, they shall suffer no loss of regular pay or benefits as a result of attending such a meeting.
9.8
Where the Union or the Company chooses to submit a policy grievance, this grievance shall be referred to the Company Grievance Committee and the Union Grievance Committee, who shall attempt to resolve the grievance. Any such grievance shall be submitted within thirty (30) days from the date the Party became aware of the occurrence giving rise to the grievance. If the grievance is not settled within ten (10) days, the grievance may be submitted to arbitration by sending notice to the other Party to this Agreement. Such notice requirements are as set out in Article 9.5 (3). It is agreed that this provision shall not be used where the matter is properly an individual grievance.
