Covenant Health 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. 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 their immediate supervisor. If it is not resolved in this manner, it may become a grievance and be advanced to Step 1.

      2. However, the mandatory formal discussion stage set out in Article 46.02(a)(i), may be bypassed 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 (2) or more Employees, the Union may elect to file the grievance as a group grievance.  A group grievance shall be commenced at Step 1.

   2. Step 1 (Director of Department 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 Director of the Department 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 Director of the Department or Designate shall be made known to the Employee and the Union 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 Director of the Department or Designate, the grievance may be advanced to Step 2 by submitting to the Employer, 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 seven (7) days of the date of the meeting.

   4. Optional Mediation (External)
      
      Prior to submitting a grievance to arbitration, the Parties may mutually agree to non-binding mediation:

      1. After receipt of the decision from the Employer under Step 2 above, either Party may request that a Mediator be appointed to meet with the parties, to investigate and define the issues in dispute and facilitate a resolution.

      2. The Mediator shall be appointed by mutual agreement between the Parties.

      3. During the proceedings, the Parties shall fully disclose all materials and information relevant to the issue in dispute.

      4. The purpose of the Mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose.

      5. The expenses of the Mediator shall be equally borne by both parties.

      6. The grievance may be resolved by mutual agreement between the parties.  The Parties may request that the Mediator issue a report including non-binding recommendations.

   5. 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 Step 2 decision, 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.

   6. 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.

   7. An Employee shall be entitled to have a Labour Relations Officer or designate employed by the Union present during any meeting pursuant to this grievance procedure.

   8. A Dismissal Grievance shall commence at Step 2.

   9. 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. 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, 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 Employer, 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, 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 the receipt of the grievance unless mutually agreed otherwise. The decision of the Employer, shall be made known to the Union, in writing, within seven (7) days of the date 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 Step 1 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.

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. Disclosure
   
   Upon request, the Employer will disclose particulars of the concern or complaint against the Employee, unless it jeopardizes the integrity of the investigation or the process.
   
   When circumstances allow, the Employer will provide the further details in advance of the grievance hearings, or arbitration.