Article 9 : grievances and arbitration
9.1 A grievance is defined as any disagreement between the Parties arising out of the interpretation, application, administration or alleged violation of the Agreement.
9.2 A Policy Grievance is where a dispute involving a question of general application or interpretation occurs, is initiated at Step Two (2). Both the Union and the University may file a Policy Grievance.
9.3 A Group Grievance, resulting from a consolidation of similar individual grievances seeking a common redress, may be initiated at Step Two (2).
9.4 The time limits set out in this Article are mandatory. The Parties may extend time limits if mutually agreed to in writing.
9.5 The Parties must make every effort to settle the dispute and to avoid resorting to grievance and arbitration procedures.
9.6 A grievance must be submitted to the Director or his designate within thirty (30) days of the date the grievance was made known and within sixty (60) days of the occurence of the fact giving rise to the grievance. The date of the informal meeting will serve as the date the grievance was made known and the date the incident occurred.
9.7 Grievance procedure
It is understood that no employee has a grievance unless they have first attempted to resolve the issue with the Manager. Upon request for such resolution by the employee, the Manager will meet with the employee within five (5) working days. The employee may be accompanied by a union representative if they desire. The Manager shall provide a written response within five (5) working days of this meeting.
Failing satisfactory settlement being reached at the Informal stage, the Union shall submit the grievance in writing to the Director, Sports Services or his designate. A meeting with the Director or his designate will take place within five (5) working days, to attempt to resolve the grievance. Within ten (10) working days of the submission of the grievance, the Director or his designate will render a decision in writing.
Failing satisfactory settlement being reached in Step 1, the Union shall, within ten (10) working days of the Director’s or designate’s written response, submit the grievance to the Labour Relations Division of the Human Resources Service. A designate member of the Labour Relations Division will meet with the parties within ten (10) working days and render a decision in writing within ten (10) workings days of this meeting.
Failing a satisfactory settlement being reached in Step 2, the Union or the University may, within twenty (20) working days of the decision rendered by Labour Relations Division of the Human Resources Service, refer the dispute to Arbitration. At all stages of the grievance procedure, employees shall have the right to Union representation, as per article 4.3.
An arbitrator has the duty and the power to adjudicate differences between the parties and has all the powers of an arbitrator provided for in the Ontario Labour Relations Act, as amended from time to time.
Subject to the provisions of the Ontario Labour Relations Act, an arbitrator shall not have jurisdiction to amend, modify, or act inconsistently with this Agreement, it being understood that the arbitrator will not be barred on the basis of a minor procedural or technical irregularity from hearing a grievance and rendering an award.
All arbitration costs will be shared equally between the Parties.
Employees required to testify at an arbitration hearing will be granted leave with pay to attend arbitration proceedings.
The present article does not prevent either party from exerting their rights to an expedited arbitration under Article 49 of the Ontario Labour Relations Act.
If both parties agree, a three (3) person Arbitration Board may be established.
9.9 Grievance Mediation
At any stage in the grievance procedure, by mutual consent, in writing, the Parties may elect to attempt to resolve the grievance by having recourse to mediation. The Parties shall agree on the individual to be the mediator and the time frame within which a resolution is to be reached. The timelines outlined in the grievance procedure shall be frozen at the time the Parties mutually agreed in writing to use the grievance mediation procedure. Upon written notification of either Party to the other Party indicating that the grievance mediation is terminated, the timelines in the grievance procedure shall continue from the point at which they were frozen. The cost of Grievance Mediation Officers services will be equally assumed between the Parties.
9.10 At any time, the Parties may meet to try to find a satisfactory solution to the grievance.
9.11 In order to provide for an orderly and speedy procedure for the settling of grievances, the University agrees to recognize as Union Representative, any employees appointed as member of the Executive Committee of the bargaining unit or any staff of the Union. The Union shall notify the University in writing of the names of such representative(s) at the time of their appointment. Such list shall be provided on an annual basis, September each year, to the Director of Labour Relations, Human Resources Service. The University shall not be required to recognize any Union Representative until it has been notified. The University shall not withhold recognition of any Union Representative once notified by the Union.
9.12 The Union recognizes that no Local Union Representative shall leave work during working hours to perform their duties as a Local Union Representative except in accordance with this Agreement.
9.13 No Local Union Representative shall leave their work to perform duties as a Local Union Representative without obtaining the permission of their Manager. Permission shall not be unreasonably withheld.
9.14 When requesting permission to leave their work during hours to perform their duties as Local Union Representative, they shall not suffer any loss of pay, and indicate the anticipated time of return and should it be necessary to revise the time of return, they shall notify the Manager. The Local Union Representative shall report to the immediate supervisor or designate upon their return.