Prairie Emergency Medical Services Inc. Collective Agreement 2020-2025

Article 8: Grievance Procedure

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 19.
   2. Time limits may be extended by mutual agreement, in writing, between the Union and the Employer. Such request by either party shall not be unreasonably denied.
2. Resolution of a Difference between an Employee(s) and the Employer
   1. Formal 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 the Employer or Out-Of-Scope designate.  If it is not resolved in this manner, the Employee(s) may seek the advice and help of the Union representative. If it becomes a grievance, it will be submitted in writing and delivered to the Employer. 

         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.
            1. (I) However, the mandatory formal discussion stage set out in Article 8.02(a)(i), shall be bypassed when the Employee has been given a letter of discipline pursuant to Article 25.
            2. (II) In the event that the difference is of a general nature affecting two or more employees, the Union may elect to file grievance as a group grievance. A group grievance shall be commenced at Step 1.
   2. Step 1
      The grievance shall be submitted, in writing, and signed by the Employee(s) or a representative of the Union, indicating the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought to the Employer within ten (10) days of the act causing the grievance, or within ten (10) days of the time that the Employee(s) could reasonably have become aware that a violation of this Collective Agreement had occurred.  The decision of the Employer shall be made known to the Employee(s) and the Union within ten (10) days of receipt of the written statement of grievance.
   3. Step 2
      1. Within ten (10) days of receipt of the decision of the of the Employer or Out-of-Scope Designate, the grievance may be advanced to Step 2 by submitting to the Chief Operating Officer or their Out-of-Scope 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 Employer 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.
      2. By mutual agreement, the Employer and the Union may elect to submit the grievance to Mediation.  In this case, the Union shall notify the Employer in writing within thirty (30) days of receipt of the decision of the Employer or Out-Of-Scope designate, that the Union wishes to proceed to Mediation.  By mutual agreement between the parties, a mediator may be appointed from the Alberta Labour Designated Mediator Roster, who shall endeavour to mediate a settlement.  If the parties cannot agree upon a mediator within ten (10) days, or a mutual extension to allow facilitation of the process, the grievance shall be forwarded to Step 3.
         
         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
      1. Should a grievance not be resolved at Step 2 or through Mediation, 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 receipt of the decision of the Chief Operating Officer or Out-Of-Scope designate, that the Union wishes to proceed to Arbitration, and at the same time the Union shall name its appointee to the Arbitration Board.  Within Ten (10) days of the Employer receiving such written notice, the Employer shall notify the Union in writing of the Employer’s appointee to the Arbitration Board.  By mutual agreement between the parties in writing, a single Arbitrator may be appointed.
   5. Termination Grievances
      A grievance involving the termination of employment may be commenced at Step 2. The time limits for commencing such a grievance shall be the time limit at Step 1.
   6. Default
      1. Should the grievor fail to comply with any time limit in this grievance procedure unless good and proper reasons exist, 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 may automatically move to the next step or be advanced to Arbitration within ten (10) days of the expiry of the particular time limit unless the parties have mutually agreed, in writing, to extend the time limit.
3.  
   1. 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.
      
      If the Employer chooses to schedule any meetings or mediation in relation to Article 8 on a scheduled day off, the Employee and a representative of the local unit of the Union shall be eligible to be compensated at their applicable rate of pay.
   2. An Employee shall be entitled to have a Steward or any duly accredited officer employed by the Union present during any meeting pursuant to this grievance procedure.
4. 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.
5. Resolution of a Difference between the Union and the Employer:
   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 Union shall first attempt to resolve the difference through discussion with the Employer or Out-Of-Scope designate, as appropriate.  If the difference is not resolved in this manner, it may become a policy grievance.
   2. Step 1
      1. A policy grievance shall be submitted, in writing, to the Employer or Out-Of-Scope 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 Employer or Out-Of-Scope 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. The decision of the Employer or Out-Of-Scope designate, shall be made known to the Union, in writing, within ten (10) days of the receipt of the written statement of the grievance.
      2. By mutual agreement, the Employer and the Union may elect to submit the grievance to Mediation. In this case, the Union shall notify the Employer in writing within thirty (30) days of receipt of the decision of the Employer or their designate, that the Union wishes to proceed to Mediation.  By mutual agreement between the parties, a mediator may be appointed Alberta Labour Designated Mediator Roster who shall endeavour to mediate a settlement.  If the parties cannot agree upon a Mediator within ten (10) days or a mutual extension to allow facilitation of the process, 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.
   3. Step 2
      Should a grievance not be resolved at Step 1 or through Mediation, if chosen, 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 receipt of the decision of the Employer or Out-Of-Scope designate, that the Union wishes to proceed to Arbitration, and at the same time the Union shall name its appointee to the Arbitration Board.  Within ten (10) days of the Employer receiving such written notice, the Employer shall notify the Union in writing of the Employer’s appointee to the Arbitration Board.  By mutual agreement between the parties in writing, a single Arbitrator may be appointed.