East Central Ambulance Association Collective Agreement 2025 - 2028

Article 31: Grievance and Arbitration

1. Definition of Time Periods

   1. For the purpose of this Article and Article 9, 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 15.

   2. Time limits may be extended by mutual agreement, in writing, between the HSAA and the ECAA.

2. Resolution of a Difference between an Employee and the Employer
   1. Formal Discussion
      1. If a difference arises between one or more Employees and the ECAA 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 Operations Manager. If it is not resolved in this manner, the Employee(s) shall seek the advice and help of an HSAA representative. If it becomes a grievance, it will be submitted in writing and delivered to the ECAA through HSAA.
         
         Grievances will indicate:
         1. (a) the nature of the grievance;
         2. (b) the clause or clauses claimed to have been violated;
         3. (c) the redress sought.
      2. However, the mandatory formal discussion stage set out in Article 31.02(a) (i), shall be bypassed when the Employee has been given a letter of discipline pursuant to Article 22.
      3. In the event that the difference is of a general nature affecting two or more Employees, the ECAA and the HSAA may agree that the grievances shall be batched and dealt with as a group grievance commencing at Step 1.
   2. Step 1
      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 Operations Manager, or their 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 operations manager or their designate shall be made known to the Employee and the HSAA within seven (7) days of receipt of the written statement of grievance.
   3. Step 2
      Within seven (7) days of receipt of the decision of the Operations Manager, or their designate the grievance may be advanced to Step 2 by submitting to the Chairman of the Board, 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.
      
      The Board, or its designate, shall render a decision, in writing, to be forwarded to the HSAA and the grievor within seven (7) days of the date of the meeting.
   4. Step 3
      Should a grievance not be resolved at Step 2, the HSAA may elect to submit the grievance to Mediation. In this case, the HSAA shall notify the ECAA in writing within seven (7) days of receipt of the decision of the Board, or it’s designate, that the HSAA wishes to proceed to Mediation. By mutual agreement between the parties, a mediator may be appointed who shall endeavor to mediate a settlement.
      
      If the parties cannot agree upon a mediator, the grievance shall be forwarded to Step 4. If the Mediator provides written recommendations, each party shall notify the other of their acceptance or rejection of the recommendations. Cost of the Mediator shall be shared by the parties.
   5. Step 4
      Should a grievance not be resolved through Mediation, if chosen, at Step 3, the HSAA may elect to submit the grievance to Arbitration in accordance with Article 31 .07.
3. 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 ECAA 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.

4.  

   1. Neither the Employee nor a representative of the Local Unit of the HSAA who may attend a meeting with the ECAA 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.

   2. 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.

5. Either party may initiate a meeting for the purpose of resolving a difference prior to the filing of a formal grievance or prior to or during grievance or arbitration proceedings.

6. Resolution of a Difference between the HSAA and the ECAA

   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 HSAA shall first attempt to resolve the difference through discussion with the ECAA’s designate, as appropriate. If the difference is not resolved in this manner, it may become a policy grievance.
   2. Step 1
      A policy grievance shall be submitted, in writing, to the ECAA’s 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 ECAA’s designate, within twenty (20) days of the occurrence of the act causing the grievance or within twenty (20) days of the time that the HSAA could reasonably have become aware that a violation of this Collective Agreement had occurred. The decision of the ECAA’s designate shall be made known to the HSAA, in writing, within seven (7) days of the receipt of the written statement of the grievance.
   3. Step 2
      Should a grievance not be resolved at Step 1, the HSAA may elect to submit the grievance to Mediation. In this case, the HSAA shall notify the ECAA in writing within seven (7) days of receipt of the decision of the ECAA’s designate, that the HSAA wishes to proceed to Mediation. By mutual agreement between the parties, a mediator may be appointed who shall endeavor to mediate a settlement. If the parties cannot agree upon a Mediator the grievance shall be forwarded to Arbitration. If the Mediator provides written recommendations, each party shall notify the other of their acceptance or rejection of the recommendations. Cost of the Mediator shall be shared by the parties.
   4. Step 3
      Should a grievance not be resolved through Mediation, if chosen, at Step 3, the HSAA may elect to submit the grievance to Arbitration in accordance with Article 31.07.
7. Arbitration

   1. The party requesting Arbitration shall notify the other party of the name of their appointee to an Arbitration Board. Within seven (7) calendar days of receipt of such written notice, the party so notified will notify the other party of their appointee to the Arbitration Board. The two appointees shall meet as soon as practical; but unless otherwise agreed between the ECAA and the HSAA, within a period of seven (7) calendar days after the appointment of the second of them and jointly select a Chairman.

   2. Where the parties have agreed to have a single Arbitrator act in the place of an Arbitration Board, the party requesting Arbitration shall notify the other party of the name of their proposed Arbitrator. 
      
      Within seven (7) calendar days of receipt of such written notice, the party so notified will respond and attempt to agree upon an Arbitrator.

   3. If the appointees cannot agree upon a Chairman or the parties cannot agree to a single Arbitrator, or fail to do so, they shall jointly request the Minister of Human Services to appoint a qualified person to act as Chairman of the Arbitration Board, or single Arbitrator.

   4. The Arbitration Board or single Arbitrator shall not have jurisdiction to alter, add to, subtract from this Agreement or to substitute any new provisions in lieu thereof, or to give any decision inconsistent with the term of this Agreement, or to deal with any matter not covered by this Agreement. In the event that the Arbitration Board or an Arbitrator, by way of an award, determines that an Employee has been discharged or otherwise disciplined by an Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the Arbitration, the Arbitrator may substitute any penalty for the discharge or discipline that to them seems just and reasonable in all circumstances.

   5. The decision of the Arbitration Board or single Arbitrator shall be final and binding on both parties. Each party shall bear the expenses of its Appointee and the ECAA and the HSAA shall equally bear the fee and expense of the Chairman.

   6. The Arbitration Board or the single Arbitrator shall hold a hearing of the grievance to determine the difference and shall render an award in writing as soon as possible after the hearing. The Chairman of the Arbitration Board shall have the authority to render an award with or without the concurrence of either of the other members.

   7. Any of the time limits herein contained in Arbitration proceedings may be extended if mutually agreed to in writing by the parties.