WCB – Alberta (Millard Health) Collective Agreement 2021-2024

Article 48: Grievance Procedure

1. Resolution of a Difference Between an Employee and the Employer
   1. If a difference arises between an Employee and the Employer regarding the interpretation, application, operation or alleged contravention of this Collective Agreement, the Employee shall first seek to settle the difference through discussion with the Manager/Service Manager/Team Lead. Should the difference not be resolved in this manner, it may become a grievance and be advanced to the next level.
   2. Director Review
      The grievance shall be submitted, in writing, by either the Union or the Employee to the Director, Millard Health or his designate within ten (10) working days of the act causing the grievance or within ten (10) working days of the time that the Employee could reasonably have become aware that a violation of this Collective Agreement may have occurred. The grievance must be signed by the Employee and indicate the nature of the grievance, the Article(s) claimed to have been violated, and the redress sought with a copy to the Director, Human Resources.
      
      Upon receipt of the grievance, the Director, Millard Health shall arrange to meet with the Union representative, with or without the Employee, to hear the details concerning the grievance. The Director or his designate should not be privy to the details of the dispute in question.  The Director, Millard Health, or his designate, shall render his decision in writing, to the Union and the Employee within ten (10) working days of receipt of the written statement of grievance.
   3. Arbitration
      Should the grievance not be resolved at the Director Review level, the Union may elect to submit the grievance to arbitration.  In this case, the Union shall notify the Employer in writing within ten (10) working days of the receipt of the decision of its desire to proceed to arbitration and at the same time name its appointee to the Arbitration Board.  The Union shall supply a copy of the foregoing to the Director, Human Resources.  By mutual agreement between the parties, in writing, a single Arbitrator may be appointed.
2. Procedural Rules for Grievances
   1. Except in the case of dismissal, or while on suspension, during any and all proceedings outlined in this Article, and Article 49, an Employee shall continue to perform their duties.
   2. A dismissal grievance shall be commenced at the Director Review level.
   3. Neither the Employee nor a representative 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 except in the case of an Arbitration hearing in which event no salary shall be paid.
   4. An Employee shall be entitled to have any duly accredited Officer of the Union present during any meeting pursuant to this grievance procedure.
3. Resolution of a Difference Between the Union and the Employer
   1. In the event that a difference arises between the Union and the Employer regarding the interpretation, application, operation or alleged contravention of this Collective Agreement affecting all Employees or a group of Employees, the Union shall first attempt to resolve the matter through discussion with the Operations Manager, or his designate. Should the difference not be resolved in this manner, it may become a Policy Grievance. The Union shall submit a Policy Grievance, in writing, to the Director, Millard Health, with a copy to the Director, Human Resources, within fourteen (14) working days of the date of the act causing the grievance or within fourteen (14) working days of the time that the Union could reasonably have become aware that a violation of this Collective Agreement may have occurred indicating the nature of the grievance, the Article(s) of the Collective Agreement in dispute or allegedly violated and the redress sought, if any.
   2. The Director, Millard Health, shall, upon receipt of a Policy Grievance, arrange to meet a representative of the Union, or their designate, to discuss the matter. The Director, Millard Health, shall render his decision, in writing, within fourteen (14) working days of receipt of the written statement of grievance. 
      
      Should the grievance not be resolved, the Union may, within fourteen (14) working days of receipt of the decision of the Director, Millard Health, submit the Policy Grievance to Arbitration and shall advise the Director, Millard Health, accordingly, in writing, and name its appointee to the Arbitration Board. By mutual agreement between the parties, in writing, a single Arbitrator may be appointed.
   3. The Union shall provide a copy of all correspondence pertaining to the Policy Grievance under Article 48.03(a) to the Director, Human Resources.
4. Grievance Time Limits
   1. Time limits may be extended by mutual agreement, in writing, between the Union and the Employer, with a copy of the extension request forwarded to the Employee involved within three (3) working days of the request.
   2. Should the Employee 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.
   3. 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.