Article 12 : grievance and arbitration procedure

12.1 A grievance is defined as any disagreement between the Parties arising out of the interpretation, application, administration or alleged violation of the Agreement.

12.2 Individual Grievance: An individual grievance may be initiated by the Union on behalf of a employee at Stage One (1) or Stage Two (2) according to procedures agreed to by the Parties.

12.3 Group Grievance : A group grievance, resulting from a consolidation of identical individual grievances seeking the same redress, may be initiated at Stage One (1) if the employees all have the same supervisor, or at Stage Two (2) if they are employed in a same sector but have different supervisor. In this case, the grieving employees must present the grievance through a single spokesperson. The grieving employees must attach to the grievance form a letter listing each of the names of the individuals.

12.4 Policy Grievance : Both the University and the Union may file a Policy grievance relating to the alleged violation of the Agreement, relating to a question of general application or interpretation of this Agreement. It may be initiated at Stage Two (2), as deemed appropriate by the Union or the University. It is expressly understood that the provisions of this article may not be used with respect to a grievance directly affecting an employee which such an employee could personally file. It is further understood that the individual grievance procedure shall not be thereby bypassed.

12.5 A grievance involving suspension without pay or dismissal shall be initiated at Stage Two (2).

12.6 To be valid, a grievance must have been filed in writing within ten (10) working days of knowledge of the fact giving rise to the grievance, but within sixty (60) days of the occurrence of the fact giving rise to the grievance. The time frame between knowledge of the fact and occurrence of the fact is established in relation to the first meeting at which a complaint or grievance is filed, i.e. the first informal meeting at the first or second stage, as the case may be.

12.7 The timelines set out in this Article are adhered to, unless the Parties amend them by written agreement.

12.8 If the Union fail to follow the grievance procedure in accordance with the stage or the required time limit(s) or conditions at Stage One (1), Stage Two (2), or Stage Three (3), the grievance shall be deemed withdrawn.

12.9 Informal Complaint Stage

It is the mutual desire of the Parties that a complaint of an employee shall be resolved as promptly as possible. It is understood that an employee has no grievance until he has first discussed the complaint with his supervisor without satisfaction.
The employee may, if he wishes, be accompanied by a Union delegate or a Union representative at the informal complaint meeting. If this choice is made, the supervisor will be accompanied by a University Labour Relations Advisor. If there is no satisfactory result from such discussion, a notice of grievance may be filed.
If it is not possible to first discuss the complaint with the supervisor, due to the circumstances of such complaint, the Parties may, by mutual agreement, bypass the informal complaint stage.
If a notice of formal grievance is to be filed, it shall be initiated within ten (10) working days of the date of the Informal meeting stage.

12.10 Stage One (1)

Grievances at Stage one (1) shall be filed in writing to the Director of the service.
Within ten (10) working days of the filing of the grievance, the employee, the Director of the service, the Assistant Director, Staff Relations of the HR Client Advisory Service, or his designate, and the Union representative or delegate shall meet to attempt to resolve the grievance.
The Director's written response shall be delivered within ten (10) working days of the meeting between designates of the Parties.
If the grieving party is not satisfied with the disposition of the Grievance, or if no reply has been received within the time limit outlined in Stage one (1) the grieving party may submit the grievance to Stage two (2), provided that it acts within ten (10) working days from having received the formal response from Stage one (1).

12.11 Stage Two (2)

Grievances at Stage two (2) shall be filed in writing to the Assistant Director, Staff Relations, of the HR Client Advisory Service, or his designate.
Within ten (10) working days of the initiation of a grievance to Stage two (2), the employee, the Assistant Director, Staff Relations of the HR Client Advisory Service, or his designate, and the Union representative, shall meet to attempt to resolve the grievance.
The Assistant Director, Staff Relations of the HR Client Advisory Service, or his designate shall provide the Union with a formal written response within ten (10) working days of the meeting between designates of the Parties.
If the grieving party is not satisfied with the disposition of the grievance, or if no reply has been received within the time limit, the grieving party may submit the grievance to arbitration at Stage three (3), provided that it acts within ten (10) working days from having received the formal response from Stage two (2).

12.12 Stage Three (3) - Arbitration

If the grievance is still not settled after Stage two (2), the Union will notify the University, or in the case of a University grievance, the University will notify the Union, within twenty (20) days of the reply in Stage two (2), of its desire to proceed to arbitration. Such notice shall include a brief statement on the nature of the grievance, and the name of the grievor(s).
Grievances shall be heard by a single Arbitrator.
Within fifteen (15) working days following the notice of referral to arbitration, the Parties shall appoint an arbitrator. In the event that the parties are unable to agree upon an arbitrator within the above time limit, the Parties to the Agreement shall choose the arbitrator by lot from a list of four (4) arbitrators, each party to the Agreement proposing two (2) taken from a list of four (4) names submitted by the other.
No person who is an employee of the University of Ottawa or a member of the Board of Governors or Senate of the University of Ottawa, or who has been involved with or has attempted to negotiate or settle the matter being placed before an arbitrator shall be chosen as arbitrator.
An arbitrator shall have the duty and power to adjudicate all differences between the Parties and have 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 the 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.
The costs of the arbitrator shall be shared equally between the Parties.
Employees called to testify at an arbitration hearing shall be given time off without loss of salary for the period during which their presence is required.
Nothing in this article shall prevent either party from exercising their right to seek expedited arbitration as defined in the Ontario Labour Relations Act, section 49.