Good Samaritan Society Collective Agreement 2020-2024

Article 29: Grievance

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 shall be sufficient if delivered to the applicable person as identified in Article 6 (Notification).
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. Time limits may be extended by mutual agreement, in writing, between the Union and the Employer.
4. An Employee shall have the right at any time to have the assistance of a Union Representative.
5. Replies to grievances shall be in writing at all steps.
6. The Employer shall supply the necessary facilities for grievance meetings.
7. 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 Director of Clinical Services or designate.  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 Director of Human Resources, or 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 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 Parties will arrange a grievance meeting within ten (10) days of receipt of the grievance by the Employer. The decision of the Employer shall be made known to the Union, in writing, within seven (7) days of the grievance meeting.
   3. Should the Union elect to submit a policy grievance 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.
8. Grievance Procedure
   1. Formal Discussion
      If a difference arises between one (1) 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. If it is not resolved in this manner, it may become a grievance and be advanced to Step 1.
   2. Step 1 (Site Manager)
      A grievance advanced to step 1 shall be submitted in writing by the Union to the Site Manager or designate within ten (10) days of the act giving rise to the grievance, or within ten (10) days of the time that the Employee could reasonably have become aware of the alleged violation of this Collective Agreement. The grievance shall state the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought and shall be signed by the employee. The Parties will arrange a grievance meeting within ten (10) days of receipt of the grievance by the Employer at step 1. The Site Manager or designate shall respond to the grievance in writing within seven (7) days of the grievance meeting.
   3. Step 2 (Director of Clinical Services)
      A grievance advanced to step 2 shall be submitted by the Union in writing, along with a copy of the original grievance, to the Director of Clinical Services or designate within seven (7) days of receipt of the Site Manager’s written decision at step 1. The Parties will arrange a grievance meeting within ten (10) days of receipt of the grievance by the Employer at step 2. The Director of Clinical Services or designate shall respond to the grievance in writing within seven (7) days of the grievance meeting.
   4. Step 3 - Arbitration
      1. If the grievance is not settled under Step 2 above, the Union shall, within ten (10) days of receiving the decision of the Director of Clinical Services or designate, notify the Employer in writing of its intention to submit the grievance to arbitration; and
         
         (aa)  shall inform the Employer of the Union’s nominee to the Arbitration Board; and
         
         (bb)  state its desire to meet to consider the appointment of a single Arbitrator.
          
      2. The Employer shall, within ten (10) days of receipt of such notice:
         
         (aa)  shall inform the Employer of the Union’s nominee to the Arbitration Board; and
         
         (bb)  state its desire to meet to consider the appointment of a single Arbitrator.
          
      3. 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.
      4. 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 Services 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.
      5. 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.
      6. 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.
      7. The Arbitration decision shall not alter, amend or change the provisions of this Collective Agreement.
9. 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.