Canadian Blood Services (Technical) Collective Agreement 2021-2024

Article 36: Grievance Procedure

1. General Rules
   1. The mandatory formal discussion stage set out in Sub-clause 36.03 (a) may be bypassed when the Employee has been formally disciplined.
   2. In the event that the difference is of a general nature affecting two (2) or more Employees, the Employer and the Union may agree that the grievances be dealt with as a group grievance commencing at Step 1.
   3. Casual Employees shall be covered by the grievance and arbitration provisions of the Collective Agreement except for those Articles specified in Article 2.08 as being inapplicable.
   4. No Employee who may attend a meeting with the Employer respecting a grievance shall suffer any loss of regular pay for the time spent at such a meeting.
   5. An Employee shall be entitled to have a representative of the Union present during any grievance meeting pursuant to the Grievance Procedure of this Collective Agreement.
   6. A discharge grievance shall commence at Step 2.
   7. Time limits for filing of a dismissal grievance shall be as stated in Sub-clause 36.03 (b).
   8. By appointment made in writing at least three (3) working days in advance, an Employee may view their personnel file when the Employee has filed a grievance.  The Employee will be required to report to the Human Resources office to view their file in the presence of a Human Resources department representative. Upon request, an Employee shall be given a copy of requested documents from their file when the Employee has filed a grievance.  The Employee may be required by the Employer to pay a reasonable fee established by the Employer to cover the cost of copying.
2. Definition of Time Periods
   1. For the purpose of this Article and the Grievance Arbitration Article, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays
   2. Time limits may be extended by mutual agreement, in writing, between the Union and the Employer.
3. Resolution of a Difference between the Employee and the Employer
   1. Formal Discussion
      If a difference arises between one or more Employees and the Employer regarding the interpretation, application, operation or alleged contravention of this Collective Agreement, the Employee(s) shall first seek to settle the difference through discussion with their immediate Supervisor or designate.  If it is not resolved in this manner, it may become a grievance and be advanced to Step 1.
   2. Step 1 - Supervisor of the Department
      The grievance shall be submitted to the Supervisor or designate, and copied to the People, Culture & Performance department, in writing, and signed by the Employee, indicating the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought, within ten (10) days of the act causing the grievance or within ten (10) days of the time that the Employee could reasonably have become aware that an alleged contravention of this Collective Agreement may have occurred.   Upon receipt of the grievance, the Supervisor or designate will convene a meeting within ten (10) days.   The decision of the Supervisor or designate of the Department shall be made known to the Employee, in writing and the Union within ten (10) days of the grievance meeting.
   3. Step 2 – Manager or designate 
      Within ten (10) days of receipt of the decision of the Supervisor of the Department, or designate, the grievance may be advanced to Step 2 by submitting to the Manager of the Department or designate, a copy of the original grievance with a letter indicating that the grievance has not been resolved.  Upon receipt of the grievance, the Manager or designate will convene a meeting within ten (10) days.
      
      Within ten (10) days of the date of the meeting, the Manager or designate, will render a decision, in writing, to be forwarded to the Union and the grievor.
   4. Step 3 - Arbitration
      Should the grievance not be resolved at Step 2, the Union may elect to submit the grievance to Arbitration.  In this case, the Union shall notify the Employer, in writing, within ten (10) days of the receipt of the decision of the Manager or designate that the Union wishes to proceed to Arbitration, and at the same time, the Union shall name its appointee to the Arbitration Board.  By mutual agreement between the Parties, in writing, a single Arbitrator may be appointed.
   5. Default
      Should the grievor or the Union fail to comply with any time limit set out in the grievance procedures in this Article, the grievance will be considered conceded and shall be abandoned unless the Parties have mutually agreed, in writing, to extend the time limit.
      
      Should the Employer fail to respond within the time limit set out in the grievance procedures in this Article, the grievance shall automatically move to the next step or be advanced to Arbitration on the day following the expiry of the particular time limits unless the Parties have mutually agreed, in writing, to extend the time limit.
4. Resolution of a Difference between the Union and the Employer Union Grievance Procedure
   1. Formal Discussion
      In the event that a difference of a general nature arises regarding interpretation, application, operation or alleged contravention of this Collective Agreement, the Union shall first attempt to resolve the difference through discussion with the Supervisor of the Department or designate as appropriate.  If the difference is not resolved in this manner to the Union satisfaction, it may become a policy grievance.
   2. Step 1 – Manager of the Department or designate
      The Union shall submit a policy grievance, in writing, to the Manager of the Department or designate, and shall indicate the nature of the grievance, the clause or clauses alleged to have been contravened, and the redress sought.  Such policy grievance shall be submitted to the Manager of the Department or designate, within twenty (20) days of the Formal Discussion referenced above.  Upon receipt of the grievance, a meeting, should it be necessary, shall be convened by the Manager of the Department or designate.  The meeting shall be held within ten (10) days of the receipt of the grievance unless mutually agreed otherwise.  The decision of the Manager of the Department or designate, shall be made known to the Union, in writing, within fifteen (15) of the date of the meeting.
   3. Step 2 - Arbitration
      Should the Union elect to submit a policy grievance as defined herein for Arbitration, it shall notify the other Party in writing within ten (10) days of receipt of the decision of the Manager of the Department or designate, and name its appointee to an Arbitration Board at the same time.
   4. By mutual agreement in writing between the Parties, a single Arbitrator may be appointed.
   5. Default
      Should the Union fail to comply with any time limit set out in the grievance procedures in this Article, the grievance will be considered conceded and shall be abandoned unless the Parties have mutually agreed, in writing, to extend the time limit.
      
      Should the Employer fail to respond within the time limit set out in the grievance procedures in this Article, the grievance shall automatically move to the next step or be advanced to Arbitration on the day following the expiry of the particular time limits unless the Parties have mutually agreed, in writing, to extend the time limit.
5. Resolution of a Difference between the Employer and the Union
   
   Employer Grievance Procedure
   1. Formal Discussion
      In the event that a difference of a general nature arises regarding interpretation, application, operation or alleged contravention of this Collective Agreement, the Employer shall first attempt to resolve the difference through discussion with the Union.  If the difference is not resolved in this manner, it may become a policy grievance commencing at Step 2.
   2. Officer of the Union
      The Employer shall submit a grievance, in writing, to the representative of the Union, or designate, and shall indicate the nature of the grievance, the clause or clauses alleged to have been contravened, and the redress sought.  Such policy grievance shall be submitted to the Union, or its designate, within twenty (20) days of the Formal Discussion referenced above.  Upon receipt of the grievance, a meeting, should it be necessary, shall be convened by the Union.  The meeting shall be held within ten (10) days of the receipt of the grievance unless mutually agreed otherwise.  The decision of the representative of the Union, or designate, shall be made known to the Employer, in writing, within fifteen (15) days of the date of the meeting.
   3. Arbitration
      Should the Employer elect to submit an Employer grievance as defined herein for Arbitration, it shall notify the Union in writing within ten (10) days of receipt of the decision of the representative of the Union, or designate, and name its appointee to an Arbitration Board at the same time:
   4. By mutual agreement in writing between the Parties, a single Arbitrator may be appointed.
   5. Default
      Should the Employer fail to comply with any time limit set out in the grievance procedures in this Article, the grievance will be considered conceded and shall be abandoned unless the Parties have mutually agreed, in writing, to extend the time limit.
      
      Should the Union fail to respond within the time limit set out in the grievance procedures in this Article, the grievance shall automatically move to the next step or be advanced to Arbitration on the day following the expiry of the particular time limit unless the Parties have mutually agreed, in writing, to extend the time limit.