Article 12 : grievance procedure and arbitration
12.1 GRIEVANCE
12.1.1 A grievance shall be defined as any difference between the Parties to this Agreement, a Member and the Employer or Members and the Employer arising out of the interpretation, application, administration, or alleged violation of this Agreement.
12.1.2 An individual grievance may be initiated by an Employee.
12.1.3 A group grievance results from a consolidation of similar individual grievances seeking a common redress.
12.1.4 A policy grievance involves a question of general application or interpretation of this Agreement and shall be initiated by the Association or the Employer.
12.2 GRIEVANCE PROCEDURE
12.2.1 The Parties agree to make reasonable efforts to encourage the informal and prompt resolution of complaints or grievances arising from the administration, interpretation or application of the Agreement.
12.2.2 The Parties agree to follow the grievance procedure in accordance with the steps, time limits and conditions contained herein. The time limits set out in this Article may be extended by the expressed mutual agreement of the Parties. Such an extension shall not be unreasonably withheld. If a Member or Association fails to follow the grievance procedures or time limits, the grievance shall be deemed settled on the basis of the Employer’s grievance reply.
12.2.3 Step 1
12.2.3.1 If a Member has a complaint that may lead to an individual grievance, no later than twenty (20) working days after the Member became aware, or reasonably ought to have been aware of the occurrence giving rise to the complaint, she/he shall forward to the Dean a formal notice of grievance setting out the details of the grievance, a statement of the matter in dispute, the specific provision(s) of this Agreement that allegedly has been violated and the resolution sought. The Dean shall convene a meeting within ten (10) working days of receipt of the formal notice of grievance. In the case of a group grievance, the notice of grievance shall set out the names of all those concerned. The grievor has the right to be accompanied by a representative from the Association and the Dean may be accompanied by a representative of the Academic Labour Relations at any meeting arranged to discuss the grievance.
12.2.3.2 The Dean shall forward her/his decision in writing to the grievor and the Association within fifteen (15) working days of the meeting.
12.2.4 Step 2
12.2.4.1 If the grievance is not resolved during the process provided in 12.2.3, the Association may submit a request to transmit to Step 2, in writing, to the Academic Labour Relations, no later than twenty (20) working days of receipt of the Dean’s response.
12.2.4.2 In the case of a policy grievance, the Association shall file a notice to Academic Labour Relations no later than (20) working days after they became aware or reasonably ought to have been aware of the occurrence of the circumstance giving rise to the grievance.
12.2.4.3 The written request shall contain the details of the grievance, a statement of the matter in dispute, the specific provision(s) of the Agreement that allegedly has been violated, the resolution sought.
12.2.4.4 The Academic Labour Relations may, within fifteen (15) working days of receipt of the Step 2 request, convene a meeting with the an Association representative, the Member concerned if necessary, and the Dean concerned (or only with the Association representative in the case of a policy grievance) to explore the possibility of settlement. If there is no settlement, Academic Labour Relations will notify the Association within fifteen (15) working days of the meeting.
12.2.4.5 Academic Labour Relations shall provide a written reply to the grievor and Association representative within fifteen (15) working days after the meeting.
12.3 ARBITRATION
12.3.1 If the grievance is neither settled during the Step 2 process, nor withdrawn in writing, it may be referred to arbitration by the Association, provided a written notice signed by the appropriate representative is submitted to the other Party within ten (10) working days of the reply from the Academic Labour Relations.
12.3.2 The written notice shall contain details of the grievance, a statement of the matter in dispute, the specific provision(s) of the Agreement that allegedly has been violated, and the resolution sought from the arbitrator.
12.3.3 Within fifteen (15) working days following receipt of the notice of arbitration, the Parties shall jointly appoint an arbitrator. The time limit may be extended by mutual agreement in writing. The Parties agree that such agreement shall not be unreasonably withheld.
12.3.4 Each Party shall bear the costs related to the preparation and presentation of its own case. The fees and expenses of the arbitrator, and any other expenses incidental to the arbitration hearing shall be borne equally by the Parties.