Christenson Communities Ltd. (Royal Oak Manor, Lacombe) Collective Agreement 2020-2024

Article 41: Grievance Procedure

1. A grievance shall be defined as a difference between the Employer and either the Employee or the Union as to the interpretation, application, operation or any contravention or alleged contravention of this Collective Agreement.
2. Communication
   1. Any notice of advice which the Employer or members or its administration staff; or
   2. Any notice of advice which the Union or the Employee is required to give in respect of any matter referred to in this Article;
3. Time Periods
   1. For the purpose of this Article, periods of time shall mean consecutive calendar days exclusive of Saturdays, Sundays and the Named Holidays named in this Collective Agreement.
   2. Should the Employee or the Union fail to comply with any time limits in the grievance procedure, the grievance shall be considered conceded and shall be abandoned unless the parties have mutually agreed, in writing, to extend the time limits.
   3. Should the Employer fail to comply with any time limits in the grievance  procedure, the grievance shall automatically move to the next step on the day following the expiry of the particular time limit, unless the parties have mutually agreed, in writing, to extend the time limits.
4. An Employee or the Union shall have the right at any time to have the assistance of an Union Representative.
5. Replies to grievances shall be in writing at all stages.
6. The Employer shall supply the necessary facilities for joint grievance meetings.
7. Time limits may be extended by mutual agreement, in writing, between the Union and the Employer.
8. Policy Grievance
   1. 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 Employer.  If the difference is not resolved in this manner, it may become a policy grievance.
   2. A policy grievance shall be submitted in writing to the Employer and shall indicate the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought.  Such grievance shall be submitted within twenty (20) days of the occurrence of the act causing the grievance or within twenty (20) days of the time that the Union could reasonably have become aware that a violation of this Collective Agreement occurred.  The decision of the Employer shall be made known to the Union, in writing, within seven (7) days of the receipt of the written statement of the grievance.
   3. Should the Union elect to submit a policy grievance as defined herein to Arbitration, it shall notify the Employer, in writing, within seven (7) days of the receipt of the decision and name its appointee to an Arbitration Board at the same time.  By mutual agreement, in writing, between the parties, a single Arbitrator may be appointed.

9. Grievance Procedure
   Step I -  Wellness Manager

   1. An Employee who believes that they have a problem arising out of the interpretation, application or alleged violation of this Collective Agreement shall first discuss the matter with the Wellness Manager or designate within ten (10) days of the date they first became aware of, or reasonably should have become aware of, the occurrence.  The Employee shall have the right to be accompanied by an Union Representative while discussing the matter with the Wellness Manager.  A sincere attempt shall be made by both parties through discussion to resolve the issue at this level. The Wellness Manager or designate shall advise the Employee of their decision within ten (10) days of the date the matter was first discussed.
   2. In the event that the difference affects two (2) or more Employees, those so affected, or the Union, within fourteen (14) days of the date they first became aware of, or reasonably should have become aware of, the occurrence, may make a written request to Wellness Manager, that the grievances be grouped and dealt with as a single grievance commencing at Step II.  A request to group such grievances will not be unreasonably denied.
   3. In the event an Employee alleges that they have been dismissed or suspended without just cause, they may commence their grievance at Step III, within fourteen (14) days of the occurrence.

   Step II - Executive Director
   If the grievance is not resolved under Step I above, the Union shall, within ten (10) days of the receipt of the written decision of the Wellness Manager or designate, submit the grievance, in writing, to the Executive Director or designate, who shall meet with the grievor and the Union Representative and shall render a decision, in writing, to the Union within ten (10) days of the meeting.

   Step III – Human Resources Director
   If the grievance is not resolved under Step II above, the Union shall, within ten (10) days of the receipt of the written decision of the Executive Director or designate, submit the grievance, in writing, to the Human Resources Director or designate, who shall meet with the grievor and the Union Representative and shall render a decision, in writing, to the Union within ten (10) days of the meeting.

   Step IV – Arbitration
   (a)  If the grievance is not settled under Step III above, the Union shall, within ten (10) days of receiving the decision of the Human Resources Manager, notify the Employer in writing of its intention to submit the grievance to arbitration; and

   (i) shall inform the Employer of the Union’s nominee to the Arbitration Board; and
   (ii)  state its desire to meet to consider the appointment of a single Arbitrator.

   (b)  The Employer shall, within ten (10) days of receipt of such notice,

   (i)  inform the Union of the Employer’s nominee to the Arbitration Board; or
   (ii)  arrange to meet with the Union in an effort to select a single Arbitrator.

   (c)  Where nominees to a Board have been named by the parties, they shall, within ten (10) days, attempt to select a mutually acceptable Chairperson for the Arbitration Board.

   (d)  If the two (2) members fail to appoint a third person within the time limits, or if the parties are unable to select a mutually agreed upon single Arbitrator, the Director of Mediation shall be requested to appoint a third member who shall be Chairperson of the Arbitration Board or appoint a single person to act as the single Arbitrator.

   (e)  The Arbitration Board or single Arbitrator shall hear and determine the difference and shall issue an award in writing, and the decision is final and binding upon the parties and upon the Employee(s) affected by it.  The decision of a majority of an Arbitration Board is the award of the Arbitration Board.  When there is no majority decision, the decision of the Chairperson shall be the decision of the Arbitration Board.

   (f)  Each party to the difference shall bear the expense of its respective appointee to the Arbitration Board.  The two (2) parties shall bear equally the expenses of the Chairperson or the single Arbitrator.

   (g)  The Arbitration decision shall not alter, amend or change the provisions of this Collective Agreement.

10. Except in the cases of suspension or dismissal, both of which may be submitted to grievance, the Employee shall continue to perform their duties during any and all proceedings outlined in this Article.