Grievance Procedure
The following story will illustrate the grievance process. Please note that this story illustrates ALL parts of the process as it escalates. Many grievances will be settled before the end of this process. For people who like visuals, you can also access a flowchart of the process below the description, or linked here.
Please note that time limits are incredibly important. If an employee misses a time limit, the grievance is considered abandoned. If management misses a time limit, the grievance automatically moves to the next step. Time limits can be adjusted with written consent from both parties.
Definitions
“Days” = Business days, Mon-Fri, excluding holidays
“Employee” = Any person in the bargaining unit within CMHAWW. People not in the bargaining unit include management (a team lead or higher in the hierarchy), people in the medical profession, Special Services at Home staff, Supporting Kids in Camp counsellors, and students employed during school vacation period.
“Grievance” = A dispute between employee(s) and management regarding the interpretation/application of the Collective Agreement. There is an informal process and a formal process.
An event occurs
An event that might violate the collective agreement (CA) can occur any time. You must begin the formal process within 15 days after jan event has occurred.
Ex. Lee’s team lead Sam creates a new position that has the same description and tasks as Lee’s position, except that she is having a volunteer do that role. Lee thinks this might violate the Collective Agreement, but he’s not sure. Lee decides to call a steward for help (you can connect with a steward at any point along this process!). Lee and the steward review the CA and they discover that Sam’s action violates section 2.05.
Informal process
Management and employees are both interested in resolving accidental or intentional violations of the CA. Before an official grievance begins, many issues can be resolved by addressing the issue in person or in writing with the person or people involved. Management has 7 days to address the issue.
Ex. Lee writes an email to his team lead, pointing out which section of the CA has been violated. For whatever reason, Sam does not respond to the email within 7 days.
Step 1
If the issue is not resolved by that first response, we move to a formal procedure. A grievance form must be filled out by a union steward, including the date the issue occurred, the nature of the issue, a proposed remedy for the issue, and the section(s) of the CA that have been violated. The form should be signed by the union local president, with copies distributed to the proper parties, including the management person involved or a designate of management (such as HR) within 7 days of the management’s inadequate response. After receiving the grievance, management has 7 days to respond.
Ex. After waiting 7 days without a response, Lee consults again with his steward. Together, they complete a grievance form, which the steward keeps in their office for just such an occasion. Lee agrees with his team lead that his team needs more help, so in the grievance Lee proposes that Sam create a new bargaining position and hire someone to fill that role. Lee is nervous to submit the grievance to Sam, so the steward delivers it instead. The original goes to the team lead. The steward also submits copies to Lee, the regional OPSEU office, and keeps one copy for their own records. Sam responds in 3 days by email. She insists that her action is not in violation of the CA because she does not have money in the budget for a new role.
Step 2
If the issue is still not resolved, within 7 days of the inadequate response, the employee can submit the grievance to the Director of the service or their designate. The Director then has 10 days to set up a meeting to address the issue.
Ex. Lee's steward makes a photocopy of the grievance and Lee sends it to his Director via interoffice mail within 2 days of Sam’s response. The Director sends a message to Lee after 4 days, cc’ing Lee’s steward and an executive member of the union, and inviting Lee to a meeting to take place in another 5 days. Lee asks his steward to join him at this meeting, and although his original steward can’t make it, another steward offers their support. They get together before the meeting and get up to date on the details. At the meeting, Sam insists that she is not violating the CA, and for some reason the Director nods along with Sam. The Director states that her decision is to leave the issue as it stands and let the volunteer continue to do bargaining unit work.
Arbitration
If, for whatever reason, the actions in Step 2 do not resolve the issue, the employee has 10 days from the Step 2 meeting to submit a request for arbitration. At this point, a senior steward will get involved to walk you through this process.
Ex. Lee gets a call from the local president after the meeting, saying that she was informed of the issue by the other stewards involved in the process. The local president walks Lee through the options regarding arbitration, and the process continues.
Please note that time limits are incredibly important. If an employee misses a time limit, the grievance is considered abandoned. If management misses a time limit, the grievance automatically moves to the next step. Time limits can be adjusted with written consent from both parties.
Definitions
“Days” = Business days, Mon-Fri, excluding holidays
“Employee” = Any person in the bargaining unit within CMHAWW. People not in the bargaining unit include management (a team lead or higher in the hierarchy), people in the medical profession, Special Services at Home staff, Supporting Kids in Camp counsellors, and students employed during school vacation period.
“Grievance” = A dispute between employee(s) and management regarding the interpretation/application of the Collective Agreement. There is an informal process and a formal process.
An event occurs
An event that might violate the collective agreement (CA) can occur any time. You must begin the formal process within 15 days after jan event has occurred.
Ex. Lee’s team lead Sam creates a new position that has the same description and tasks as Lee’s position, except that she is having a volunteer do that role. Lee thinks this might violate the Collective Agreement, but he’s not sure. Lee decides to call a steward for help (you can connect with a steward at any point along this process!). Lee and the steward review the CA and they discover that Sam’s action violates section 2.05.
Informal process
Management and employees are both interested in resolving accidental or intentional violations of the CA. Before an official grievance begins, many issues can be resolved by addressing the issue in person or in writing with the person or people involved. Management has 7 days to address the issue.
Ex. Lee writes an email to his team lead, pointing out which section of the CA has been violated. For whatever reason, Sam does not respond to the email within 7 days.
Step 1
If the issue is not resolved by that first response, we move to a formal procedure. A grievance form must be filled out by a union steward, including the date the issue occurred, the nature of the issue, a proposed remedy for the issue, and the section(s) of the CA that have been violated. The form should be signed by the union local president, with copies distributed to the proper parties, including the management person involved or a designate of management (such as HR) within 7 days of the management’s inadequate response. After receiving the grievance, management has 7 days to respond.
Ex. After waiting 7 days without a response, Lee consults again with his steward. Together, they complete a grievance form, which the steward keeps in their office for just such an occasion. Lee agrees with his team lead that his team needs more help, so in the grievance Lee proposes that Sam create a new bargaining position and hire someone to fill that role. Lee is nervous to submit the grievance to Sam, so the steward delivers it instead. The original goes to the team lead. The steward also submits copies to Lee, the regional OPSEU office, and keeps one copy for their own records. Sam responds in 3 days by email. She insists that her action is not in violation of the CA because she does not have money in the budget for a new role.
Step 2
If the issue is still not resolved, within 7 days of the inadequate response, the employee can submit the grievance to the Director of the service or their designate. The Director then has 10 days to set up a meeting to address the issue.
Ex. Lee's steward makes a photocopy of the grievance and Lee sends it to his Director via interoffice mail within 2 days of Sam’s response. The Director sends a message to Lee after 4 days, cc’ing Lee’s steward and an executive member of the union, and inviting Lee to a meeting to take place in another 5 days. Lee asks his steward to join him at this meeting, and although his original steward can’t make it, another steward offers their support. They get together before the meeting and get up to date on the details. At the meeting, Sam insists that she is not violating the CA, and for some reason the Director nods along with Sam. The Director states that her decision is to leave the issue as it stands and let the volunteer continue to do bargaining unit work.
Arbitration
If, for whatever reason, the actions in Step 2 do not resolve the issue, the employee has 10 days from the Step 2 meeting to submit a request for arbitration. At this point, a senior steward will get involved to walk you through this process.
Ex. Lee gets a call from the local president after the meeting, saying that she was informed of the issue by the other stewards involved in the process. The local president walks Lee through the options regarding arbitration, and the process continues.
