Download: OPSEU Grievance Form
20.3 Grievance Procedure
20.3.1 Grievances: A complaint shall be taken up as a grievance in the following manner and sequence provided it is presented within fifteen (15) days after the circumstances giving rise to the complaint have occurred, or have come or ought reasonably to have come to the attention of the employee.
20.3.2 Step 1: An employee shall present a signed grievance in writing to the Department Head of the Department in which they are employed stating the nature of the grievance, the remedy sought and shall be sufficiently specific to identify the alleged violation(s) of the Collective Agreement. The Department Head shall give their decision, in writing, to the grievor within ten (10) days of the presentation. It is agreed, however, that where an employee’s immediate supervisor and their Department Head are one and the same person, Step 1 shall be dealt with at the next level of supervision.Â
20.3.3 Step 2: Where the grievor is not satisfied with the decision at Step 1, they shall present their grievance in writing within ten (10) days of the date they received the decision to the Director of Human Resources. The Director of Human Resources or their designee shall convene a meeting concerning the grievance, within fourteen (14) days of the presentation, at which the grievor shall have an opportunity to be present, and shall give the grievor their decision, in writing, within ten (10) days following the meeting.
20.3.4 Group Grievance: Where a number of employees in any College have identical grievances and each employee would be entitled to grieve separately, they shall present a group grievance in writing signed by each employee to the Director of Human Resources, or as designated by the College, within fifteen (15) days following the occurrence or origination of the common circumstances giving rise to the grievance commencing at the Step 2 meeting of the grievance procedure. The grievance shall then be treated as a single grievance.
20.3.5 Multi-College Issues: Where the grievance pertains to a number of Colleges, separate grievances shall be sent to the Directors of Human Resources or designated persons of each College affected with copies to the Chief Executive Officer of the Council. Failing settlement following the Step 2 meeting, such grievance may be referred to mediation/arbitration providing such referral is within fifteen (15) days of the receipt of the Step 2 reply.
20.3.6 Union Grievance: The Union shall have the right to file a grievance based on a difference arising directly out of the Agreement concerning the interpretation, application, administration or alleged contravention of this Agreement. However, such grievance shall not include any matter upon which an employee is personally entitled to grieve and the regular grievance procedure for a grievance peculiar to an individual employee shall not be bypassed except where the Union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this Agreement and that adversely affects the rights of persons in the bargaining unit. A Union grievance shall be presented in writing, signed by the Local Union President or their designee to the Director of Human Resources or as designated by the College concerned, within thirty (30) days after the circumstances giving rise to the complaint have occurred, or have come to or ought reasonably to have come to the attention of the Union. The grievance shall then be processed in accordance with Step 2 of the grievance procedure.
20.3.7 College Grievance: The College shall have the right to file a grievance based on a difference arising directly out of the Agreement concerning the interpretation, application, administration or alleged contravention of this Agreement. Such grievance shall be presented in writing, signed by the Director of Human Resources or designee to the Local Union President of the College concerned with a copy to the Union President within thirty (30) days following the occurrence or origination of the circumstances giving rise to the grievance.
The grievance shall then be processed in accordance with Step 2 of the grievance procedure with the appropriate changes.
20.3.8 Discharge, Suspension, Layoff or Reassignment Grievance
20.3.8.1 Application: Articles 20.3.8.2 (Grievance) and 20.4 (Mediation/Arbitration Procedure)
apply to a Regular Part-Time Employee who has completed their
probationary period, it being understood that the dismissal, suspension or
release of an employee who has not completed their probationary period
shall not be the subject of a grievance.
20.3.8.2 Grievance: A Regular Part-Time Employee, claiming to have been discharged or suspended from employment without cause or improperly laid off or reassigned shall, file a signed, dated, written statement of such grievance setting out the nature of the grievance and the specific remedy sought at Step 2 of the grievance procedure providing such grievance is lodged with the Director, Human Resources, or designate within fifteen (15) working days of the date they are advised in writing of their discharge, suspension, layoff or reassignment.
20.4 Mediation/Arbitration Procedure
20.4.1 Referral to Mediation/Arbitration: In the event any difference arising from the interpretation, application, administration or alleged contravention of this Agreement has not been satisfactorily settled under the foregoing grievance procedure, the matter shall then, by notice in writing given to the other party within ten (10) days of the date of receipt by the grievor of the decision of the College’s Official at Step 2, be referred to mediation/arbitration as provided.
20.4.2 Mediators/Arbitrators: The College and the Local Union shall attempt to select by agreement a Mediator/Arbitrator. If they are unable to agree within a period of fifteen (15) days, either party may apply to the Minister of Labour to appoint the mediator/arbitrator.
20.4.3 Mediator/Arbitrator: The Mediator/Arbitrator shall endeavour to assist the College and the Local Union to settle the grievance by mediation. If the College and the Local Union are unable to settle the grievance by mediation, the Mediator/Arbitrator shall determine the grievance by arbitration.
20.4.4 Powers: The Mediator/Arbitrator shall have those powers set out in the Colleges Collective Bargaining Act, 2008, except that Section 14(16) of the Colleges Collective Bargaining Act, 2008 shall not apply.
20.4.5 Limitations: The Mediator/Arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Agreement nor to make any decision inconsistent there with nor to deal with any matter that is not a proper matter for grievance under this Agreement.
20.4.6 Mediator/Arbitrator’s Power: The Mediator/Arbitrator may dispose of a grievance without further notice to any person who is notified of the hearing and fails to appear. The finding of the Mediator/Arbitrator as to the facts and as to the interpretation, application, administration or alleged contravention of the provisions of this Agreement, shall be final and binding upon all parties concerned including the employee(s) and the College.
20.4.7 Arbitration Board: Where both the College and the Local Union agree, a Board of Arbitration, which shall have the same powers and limitations as a Mediator/Arbitrator, may be substituted for an Arbitrator. Each party shall advise the other of the name of its nominee. The nominees shall attempt to select by agreement a Chair. If they are unable to agree upon a Chair, either the College or the Local Union may apply to the Minister of Labour to appoint a Chair. The finding of the majority of the Board as to the facts, and as to the interpretation, application, administration or alleged contravention of the provisions of this Agreement, shall be final and binding upon all parties concerned including the employee(s) and the College.
20.4.8 Persons Excluded: No person shall be appointed as a Mediator/Arbitrator or as a member of an Arbitration Board who is, or was within six (6) months prior to their appointment an employee or is or has within six (6) months prior to their appointment, acted as solicitor, counsel, advisor, agent or representative of either of the parties or the College concerned.