Siksika Health Services Collective Agreement 2023-2026

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.
2. Resolution of a Difference between an Employee and the Employer
   1. Formal Discussion

      1. 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 the Director of Emergency Services. If it is not resolved in this manner, the Employee(s) shall 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 through the Union.
         
         Grievances will indicate:

         (a) the nature of the grievance;

         (b) the clause or clauses claimed to have been violated;

         (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 Employer and the Union 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 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 Director of Emergency Services 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 Director of Emergency Services shall be made known to the Employee and the Union within ten (10) days of receipt of the written statement.
   3. Step 2
      Within ten (10) days of receipt of the decision of the Director of Emergency Services, the Union may elect to submit the grievance to Step 2 by submitting to the Chief Executive Officer, 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 meeting.
   4. Step 3
      Should a 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 receipt of the decision of the Chief Executive Officer or their designate, that the Union wishes to proceed to Arbitration under Article 9.

   5. 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.
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.
   2. An Employee shall be entitled to have a member of the local unit Executive, HSAA Union 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 Director of Emergency Services, 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 Director of Emergency Services, 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 Emergency Services, 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 Director of Emergency Services shall be made known to the Union, in writing, within ten (10) days of
      the receipt of the written statement of the grievance.
   3. Step 2 
      Should a grievance not be resolved through Step 1, if chosen, at Step 2, the Union may elect to submit the grievance to Arbitration under Article 9. In this case, the Union shall notify the Employer in writing within ten (10) days of receipt of the decision of the Director of Emergency Services, that the Union wishes to proceed to Arbitration.