any issues you are facing with your employer.
AFPC-PSAC-7120
Grievance and arbitration
1
There shall be no discrimination,
harassment or coercion of any kind practiced
against any person involved in these
procedures or against any employee who
elects not to pursue a grievance.
2
The parties agree to make every
reasonable effort to settle all grievances in a
prompt, just and equitable manner.
At any stage in the grievance process, by
mutual agreement, the parties may request
the services of a mediator to assist in
resolving the issues.
Parties agree to hold the grievance(s) in
abeyance to allow sufficient time for the
mediation process to occur.
3
The union shall have carriage of all
grievances except those initiated by the
employer. The employer shall deal only with
the union with respect to a grievance.
4
Definitions:a) Grievance: a grievance is a claim, dispute or complaint involving the interpretation, application, administration or alleged violation of this agreement.
b) Grievor: the grievor is the union or the employer who initiates a grievance on behalf of an employee or group of employees or on its own behalf.
5
Types of grievancea) An individual grievance is a grievance initiated by the union on behalf of an individual employee.
b) A group grievance is a grievance initiated by the union on behalf of a group of employees.
c) A policy grievance is a grievance by the union which may involve a matter of general policy or of general application of the agreement.
d) A union grievance is a grievance which directly affects the union.
e) An employer grievance is a grievance initiated by the employer against the union.
6
Technical irregularities
No technical violation or irregularity caused
by clerical, typographical or technical error in
the written specification of the grievance
shall prevent the substance of a grievance
from being heard and judged on its merits.
7
Time limits
The union shall file a grievance according to
procedures outlined in Article 22.8 within
forty-five (45) days of the occurrence of the
incident giving rise to the grievance or the
date the union became aware of the events
giving rise to the grievance, whichever is
later.
8
Grievance procedurea) A grievance shall be filed in writing, signed by the union representative and shall specify the matter in dispute, the article(s) alleged to have been violated and the remedy sought. It shall be filed with the employer’s liaison officer.
b) No later than fourteen (14) days following the receipt of the grievance, the representatives of the employer shall meet with the representatives of the union and the affected employee. The parties shall make every reasonable effort to resolve the grievance.
c) In the event that the parties’ representatives cannot resolve the grievance within fourteen (14) days of the meeting specified in Article 22.8(b), the employer’s representative shall inform the union’s representative of the reasons for denying the grievance.
d) If the grievance is not resolved at the meeting specified in Article 22.8(b), none of the information exchanged in the context of the meeting can be brought forward as evidence in any subsequent arbitration.
e) In the event that the employer has a grievance which it wishes to process under this article, the employer representative shall present the grievance in writing to the president of the union or its designate within forty-five (45) days after the occurrence of the incident giving rise to the grievance or forty-five (45) days from the date the employer became aware of the events giving rise to the grievance, whichever is later.
f) If the matter is not resolved to the satisfaction of the employer within twenty (20) days of the union receiving the grievance, the employer may submit the matter to arbitration according to the provisions of these articles.
9
Arbitrationa) Within thirty (30) days of receipt of the response specified in Article 22.8(c), the union may give written notice of its intention to submit the matter in dispute to an arbitrator for final and binding arbitration.
b) The parties shall choose an arbitrator specialized in labour relations. Should the parties fail to agree on the appointment of an arbitrator within forty- five (45) days of receipt of the notice specified in Article 22.9(a), the arbitrator shall, upon request of either party, be appointed by the Ontario Minister of Labour as provided for under this province’s Labour Relations Act.
c) The arbitrator shall have the duty and power to adjudicate all matters in dispute in accordance with the powers conferred by the Labour Relations Act, as amended from time to time.
d) The arbitrator shall have jurisdiction to award such remedy or remedies as conferred by the relevant provisions of the Labour Relations Act, as amended from time to time.
e) In disciplinary matters, the arbitrator may confirm, amend or set aside the decision of the employer and, if such is the case, substitute it with the decision the arbitrator deems fair and reasonable.
f) The arbitrator shall not have the power to alter, add to, modify or amend the agreement in any respect whatsoever.
g) All arbitration expenses, including the remuneration of the arbitrator, shall be shared equally by both parties.