Grievance Definition A grievance is an allegation by an employee or a group of employees that there has been a violation, misapplication, or misinterpretation of this Agreement, which occurred during the term of this Agreement. The term “grievant” as used in this Article includes the term “grievants.”
GRIEVANCE PROCEDURE 11:01 The Employer and the Union agree that grievances and complaints shall be settled promptly. Should a dispute or a grievance arise between the Employer and the employee regarding the interpretation, meaning, operation or application of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, such dispute or grievance or question shall be dealt with in the following manner: An employee or employees having a grievance or complaint shall first present the same in writing to their Union Committee Member. Step 1 The employee or employees concerned together with their Union Committee Member or Chairperson shall, within such employee's next seven (7) calendar days after such grievance or complaint has arisen, reduce to writing citing the alleged violations and the particulars of the situation giving rise to the grievance to their immediate supervisor who shall reply in writing within seven (7) calendar days immediately following presentation of such grievance or complaint. In the case of grievances arising out of the Job Posting Procedures set forth in Article 10 of the within Collective Agreement, employees having grievances related to their failure to obtain a posted position(s) shall submit their grievance in the first instance at the Step 3 level. A copy of the written grievance will also be delivered to the Labour Relations Manager. Step 2 Failing settlement under Step 1, the Union shall, within seven (7) calendar days following receipt of the supervisor's decision, refer the grievance or complaint in writing to the appropriate Administrative Director or Academic Xxxx. The Administrative Director or Academic Xxxx or designate accompanied by the Labour Relations Manager shall arrange to meet with the Union within seven (7) calendar days of receipt of the grievance. The grievor may be invited to attend such meeting at the request of the Union. The Administrative Director or Academic Xxxx shall render a decision to the Union, in writing within seven (7) calendar days after such meeting. Such decision will also be copied to the Labour Relations Manager. Step 3 Failing settlement under Step 2, the Union shall, within seven (7) calendar days of the date on which the receipt of the decision of the Administrative Director or Academic Xxxx was or should have been given, refer the grievance or complaint in writing to the Labour Relations Manager who shall render a decision in writing within seven (7) calendar days. The Labour Relations Manager may call a meeting with the Union Grievance Committee to discuss the grievance or complaint. At such meeting the grievor may be invited to attend at the request of the Union. The Supervisor may be invited to attend such meeting as determined by the Employer. Step 4 Failing settlement under Step 3, the grievance or complaint may be referred to a Grievance Commissioner or arbitration within ten (10) working days of the date on which the reply to Step 3 was given, or should have been given by the Labour Relations Manager. 11:02 Where a dispute between the parties involving a question of general policy occurs, the difference between the parties shall be reduced to writing citing the alleged violations and the particulars of the situation giving rise to the grievance and, in the case of a Union grievance, signed by the President, Vice-President, or their appointee. In the case of a grievance by the Employer it shall be signed by the Labour Relations Manager. Failing settlement of such disputes, it is understood that same may be carried through Step 3 of the Grievance Procedures, including arbitration of the final and binding settlement. 11:03 The Employer shall grant sufficient time to the Chairperson and/or Union Administrative Committee Member for the adjustment of grievances without loss of salary. The Chairperson and/or Union Committee Member shall notify their immediate supervisor when leaving their job to adjust a grievance and, upon their return to work, notify their supervisor. In the event the department is unduly interfered with, a mutually agreed upon time will be taken within twenty-four (24) hours. 11:04 All replies to grievances shall be in writing at all stages and copies of such replies from the Employer shall be forwarded to the Chairperson within the time limits as specified above. 11:05 The Grievance Committee of the Union hereinbefore referred to shall be comprised of the President of Unifor Local 2458 and/or their appointee, the Chairperson and two (2) other Union Committee Members. It is agreed that at least one (1) member of the Grievance Committee shall be the Union Administrative Committee Member representing the grievor. (a) Any and all time limits may, at any time, be extended by written mutual agreement of both parties. (b) In the event that the Employer fails to reply in writing within the time limits prescribed in the Grievance Procedure, the Union may submit the matter to the next step as if a negative reply or denial had been received on the last day for the forwarding of such reply. (c) When no action is taken by the Union to submit the matter to the next Step in the grievance procedure (i.e. Step 1, 2,or 3) within the time limits set out in this Article 11, the grievance will be deemed to have been abandoned. 11:07 The grievor shall suffer no loss of pay if any meetings required in this Article are held during the grievor's regular working hours. 11:08 The parties agree to meet as required to discuss any outstanding grievance(s). 11:09 In the event the Employer representative identified as the respondent in two or more successive steps is the same individual, the grievance will be referred to the next step. 11:10 As an alternative to the regular arbitration procedure, the parties shall have the option of mutually agreeing to refer a post third step grievance to a Grievance Commissioner in the following procedures: (a) The Employer and Union may agree in writing to the appointment of any individual to act as a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Employer and the Union to consider and determine grievance(s) referred to them for final and binding arbitration. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 12 – Arbitration. (b) Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of a grievance which the parties have agreed may be handled in a summary manner. The rules governing the summary proceeding of the Grievance Commissioner are set out in the schedule hereto. (c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases. Notwithstanding anything contained in this Agreement, the decision of the Grievance Commissioner shall: (i) Be consistent with the provision(s) of this Agreement.
Formal Grievance Procedure 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration. 2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request. 3. Internal Steps in the Procedure a. Step One: The Director of Human Resources (1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form. (2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties. (3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision. (4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form. (5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Deviation from Grievance Procedure The Employer agrees that, after a grievance has been discussed at Step 2 of the grievance procedure the Employer or his representatives shall not initiate any discussion or negotiations with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the xxxxxxx or the Union.
Definition of Grievance A grievance shall be defined as any difference arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement.