GRIEVANCE PROCEDURE 8.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given to his immediate Supervisor, or his designate, an opportunity of adjusting his complaint. For the purposes of this Article, “working days” shall be defined as Monday to Friday.
(a) If an employee has any complaint or questions which he wishes to discuss with the Company, he shall take the matter up with his immediate Supervisor, or his designate. The Company shall not be required to consider any grievance which is not presented within seven (7) working days after the grievor first became aware or ought to have become aware of the alleged violation of the Agreement.
(b) If such complaint or question is not settled to the satisfaction of the employee concerned within three (3) full working day, then the following steps of the grievance procedure may be invoked in order;
8.03 A grievance properly arising under this Agreement shall be adjusted and settled as follows: STEP NO. 1 If no satisfactory resolution is reached above, within five (5) working days after the decision of the immediate Supervisor is given to the employee, the employee must, with a Union xxxxxxx, present his grievance, which shall be reduced to writing stating the specific article(s) and section(s) of this agreement allegedly violated on a form supplied by the Union, signed by the employee, to the Human Resources Manager, or his designate, who shall consider it in the presence of the person or persons presenting same and the Human Resources Manager, or his designate, shall render his decision in writing within five (5) working days following the presentation of the grievance to him. STEP NO. 2 Within six (6) working days after the decision is given at Step No. 1, or the time limit has expired, whichever occurs first, the grievance may be referred to the Vice President or his designate. A meeting shall be held between the Union Grievance Committee and the Company within twelve (12) working days. At this meeting, a representative of the International Union and the Grievor may be present. The decision of the Vice-President or his designate shall be given within seven (7) working days after the meeting referred to herein is held.
8.04 A policy grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of this Agreement shall be originated under Step 2, and shall be submitted in writing, and shall provide the information as spelled out in Step 1 hereof. However, the provisions of this paragraph must not be used to institute any grievance directly affecting an employee which could have been instituted through the regular grievance procedure as the individual and policy grievance procedures are mutually exclusive. Any grievance by the Company or the Union as provided in this paragraph must be commenced within twelve (12) working days after the Company or the Union became aware or ought to have become aware of the circumstances giving rise to the grievance.
8.05 All decisions arrived at between the employer and the Union shall be final and binding upon the Company, the Union, and the employee or employees concerned.
8.06 Time limits may only be extended by mutual written consent of the parties to this Agreement.
Complaints Procedure (a) A formal complaint must be submitted in writing within six months of the last alleged occurrence.
(b) A complaint must be submitted through the Union and/or directly to the Executive Director (or the equivalent or designate). When the Executive Director has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days.
(c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of Article 29 (Harassment), and the remedy sought.
(d) The Executive Director or their designate will investigate the complaint and will complete their report in writing within 30 days.
(e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator's report.
(f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator's report and the resolution of the complaint.
(g) If the resolution involves separating employees, reasonable efforts will be made to relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled.
(h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation.
(i) If the respondent is the Executive Director (or equivalent), or where there are possible systemic issues or multiple complaints, the following process will be used:
(1) The complainant will contact the Union.
(2) As soon as possible but within 30 days the Union will notify the Executive Director (or equivalent) and CSSEA. Clause 29.4 (a) and (c) apply to the notice. CSSEA will inform the Employer's Board of Directors.
(3) CSSEA and the Union will appoint either Xxxxx Xxxxx or Xxxxxx Xxxx to resolve the complaint. (The person appointed is referred to below as "the Appointee".)
(4) After consultation with the parties involved, the Appointee will establish the process to resolve the complaint. The process may include - at the Appointee's discretion - any of the following (or any combination of them): fact-finding, mediation, making recommendations or a full report, or conducting an expedited arbitration. In exercising their discretion with respect to the process, the Appointee will consider the parties' desire that the process be fair and expeditious, that it minimizes disruption in the workplace, that it respects individual privacy to the degree possible in the circumstances, and that it keeps costs to a reasonable level. The Appointee will submit any report or recommendations to CSSEA and the Union. The report and recommendations will remain confidential, except for distribution to the Employer's Board of Directors, the complainant and the respondent. The Appointee may stipulate conditions she/he deems appropriate with respect to distribution. Any outcomes of the process are without prejudice or precedent for other proceedings.
(5) The Appointee's fees and expenses will be shared by the Employer and the Union.
(j) The Employer may take appropriate action, including discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.
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.
