Carewest Collective Agreement 2020-2024

Article 46: Grievance Procedure

1. Definition of Time Periods
   1. For the purpose of this Article and Article 47, 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. Informal Discussion
      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 1.
      2. However, the mandatory informal discussion stage set out in Article 46.02(a)(i), may be by passed when the Employee has been given a letter of discipline pursuant to Article 37.
      3. In the event that the difference is of a general nature affecting two or more Employees, the Employer and Union may agree that the grievances shall be batched and dealt with as a group grievance commencing at Step 1.
   2. Step 1 (Site Director or 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 Site Director or 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.  The decision of the Site Director or Designate shall be made known to the Employee and the Union within ten (10) days of receipt of the written statement of grievance.
   3. Step 2 (Chief Operating Officer or Designate)
      Within ten (10) days of receipt of the decision of the Chief Operating Officer or Designate, the grievance may be advanced to Step 2 by submitting to the Chief Operating Officer or Designate, or their designate, a copy of the original grievance with a letter indicating that the grievance has not been resolved.  Upon receipt of the grievance, a meeting which may be arranged by either party, shall occur within ten (10) days of the date of the letter.
      
      The Chief Operating Officer or Designate, or their designate, 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. 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 Chief Operating Officer 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. Neither the Employee nor a representative of the local unit of the Union 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.
   6. An Employee shall be entitled to have a member of the local unit Executive or any duly accredited officer employed by the Union present during any meeting pursuant to this grievance procedure.
   7. A dismissal grievance shall commence at Step 2.
   8. 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. Informal 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 may first attempt to resolve the difference through discussion with the Site Director, or their designate of the Facility, as appropriate.  If the difference is not resolved in this manner, it may become a policy grievance.
   2. Step 1 (Chief Operating Officer or Designate)
      A policy grievance shall be submitted, in writing, to the Chief Operating Officer, 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 Chief Operating Officer, 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 may be arranged by either party.  The meeting shall be held within ten (10) days of receipt of the grievance unless mutually agreed otherwise. The decision of the Chief Operating Officer, or their designate, shall be made known to the Union, in writing, within ten (10) days 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 Employer, in writing, within ten (10) days of the receipt of the decision of the Chief Operating Officer, 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.
5. The Parties recognize the shared interests in ensuring any safe and respectful workplace complaint under Article 6, No Discrimination, related to the Employer’s Safe and Respectful Workplace Policy is fully investigated. The Union agrees to hold any grievance related to such workplace complaint in abeyance pending the outcome of the Employer’s investigation. The investigation shall commence within 14 days from when the Employer would have become aware of any alleged incident(s).