CapitalCare Collective Agreement 2020-2024

Article 46: Grievance Procedure

1. Definition of Time Periods
   1. For the purpose of this Article and Article 47 (Grievance Arbitration), 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 specified in Article 22.01(a).
   2. Time limits may be extended by mutual agreement, in writing, between the Union and the Employer.
2. Resolution of a Difference Between an Employee and the Employer
   1. Step 1 (Discussion between Employee and Manager)
      1. 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 Manager. If it is not resolved in this manner, it may become a grievance and be advanced to Step 2.
      2. However, the mandatory formal discussion stage set out in Article 46.02(a)(i) may be bypassed when the Employee has been given a letter of discipline pursuant to Article 37 (Discipline & Dismissal).
      3. In the event that the difference is of a general nature affecting two or more Employees, the Union may elect to file the grievance as a group grievance.  A group grievance shall be commenced at Step 2.
   2. Step 2 (Formal meeting with Step 2 Designate)
      The grievance shall be submitted, 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 to the Step 2 Designate, 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 a violation of this Collective Agreement had occurred.  Upon receipt of the grievance a meeting, which may be arranged by either party, shall occur within ten (10) days. The decision of the Step 2 Designate shall be made known to the Employee and the Union within ten (10) days of the date of the meeting.
   3. Step 3 (Formal Meeting with Site Director or Designate)
      Within ten (10) days of receipt of the decision of the Step 2 Designate, the grievance may be advanced to Step 3 by submitting to the Site Director or Director of Human Resources, a copy of the original grievance with a letter indicating that the grievance has not been resolved.  Upon receipt of the advancement to Step 3, a meeting which may be arranged by either party shall occur within ten (10) days. 
      
      The Site Director or Director of Human Resources shall render a decision, in writing, to be forwarded to the Union and the grievor within ten (10) days of the date of the meeting.
   4. Optional Mediation
      Prior to submitting a grievance to arbitration, the Parties may mutually agree to either internal or external mediation.
   5. Step 4 (Arbitration)
      Should the grievance not be resolved at Step 3, 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 Administrator or Director of Human Resources 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.
   6. Neither the Employee nor a Job Steward who may attend a meeting with the Employer respecting a grievance shall suffer any loss of regular earnings calculated at the Basic Rate of Pay for the time spent at such a meeting.
   7. An Employee shall be entitled to have a Labour Relations Officer or their designate as established by the Union present during any meeting pursuant to this grievance procedure.
   8. A dismissal grievance shall commence at Step 3.
   9. Time limits for filing of a dismissal grievance shall be as stated in Article 46.02(b).
3. Resolution of a Difference between the Union and the Employer
   1. Step 1 (Formal Meeting Following Discussion Between The Parties)
      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 submit a policy grievance in writing, to the Director of Human Resources, or their designate, 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 to the Director of Human Resources, or their designate, 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 had occurred.  Upon receipt of the grievance, a meeting which may be arranged by either party, shall occur.  The meeting shall be held within twenty (20) days of the receipt of the grievance unless mutually agreed otherwise. The decision of the Director of Human Resources, or their designate, shall be made known to the Union, in writing, within ten (10) days of the date of the meeting.
   2. Step 2 (Arbitration)
      Should the Union elect to submit a policy grievance as defined herein for Arbitration, it shall notify the Employer, in writing, within ten (10) days of the receipt of the decision of the Director of Human Resources, or their designate, 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.
4. Default
   1. Should the grievor fail to comply with any time limit in this grievance procedure, the grievance will be considered conceded and shall be abandoned unless the parties to the difference have mutually agreed, in writing, to extend the time limit.
   2. Should the Employer fail to respond within the time limit set out in this grievance procedure, 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.