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 In the case of a group grievance, an authorized spokesperson shall attend the grievance meeting for the group and shall deliver, in writing a list of the Members of the group.

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 at step 3 (12.3).

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 TIME LIMITS

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 the 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 ONE: INFORMAL PROCESS

If an Employee has a complaint that may lead to a grievance, but wishes to seek a resolution through an informal process, the Employee shall advise the Manager in writing of the nature of the complaint no later than fifteen (15) working days after the Employee became aware, or reasonably ought to have been aware of the occurrence in the circumstance giving rise to the complaint. The Employee has the right to be accompanied by an Association representative and the Manager may be accompanied by a representative of the Academic Labour Relations at any meeting arranged to discuss the possible grievance. Any meetings arranged shall be informal in nature, and their purpose shall be to make the parties aware of the complaint and give both parties the opportunity to resolve the issue(s).

12.2.4 The Manager shall forward her/his decision in writing to the Employee and the Association within fifteen (15) working days of the meeting.

12.2.5 STEP TWO: FORMAL PROCESS

If the complaint is not resolved during the informal process, a grievance shall be set forth in writing, signed by the Association representative, and submitted by the Association to the Academic Labour Relations, no later than twenty (20) working days of receipt of the Manager’s response or, in the case of a group grievance or policy grievance, no later than twenty (20) working days after the Association became aware, or reasonably ought to have been aware, of the occurrence of the circumstances giving rise to the grievance.

12.2.6 The written grievance 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 and the common periods of availability of the grievor and the Association representative.

12.2.7 The Academic Labour Relations shall convene a meeting with the Dean, the grievor and an Association representative within fifteen (15) working days of receiving the grievance to discuss the grievance.

12.2.8 The Dean shall provide a written reply to the grievor and the Association representative within fifteen (15) working days after the meeting.

12.2.9 If the grievance is neither settled during the formal process, nor withdrawn in writing, it may be referred to arbitration by the grieving Party by, pursuant to section 12.3, provided a written notice signed by the appropriate representative is submitted to the other Party within twenty (20) working days of the reply from either the Academic Labour Relations or the Dean.

In the case of a policy grievance, the Association shall file a notice to the management of Faculty Relations and indicate which provisions of the collective agreement are involved.

The referral for arbitration shall contain details of the grievance, the specific provision(s) or interpretation of the Agreement that allegedly has been violated, and the relief sought from the Arbitrator or Arbitration Board.

12.3* STEP THREE: ARBITRATION

12.3.1 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.

12.3.2 Upon receipt of the notice within fifteen (15) working days, the management from Faculty Relations shall convene a meeting with a representative of Association, the aggrieved member if needed and the dean (or with the Association representative alone in the case of a policy grievance) to explore the possibility of settlement. If no settlement is reached, the management from Faculty Relations shall inform the Association in writing within fifteen (15) working days of the meeting and confirm that the matter will proceed to arbitration.

12.3.3 Both parties agree to retain an arbitrator within thirty (30) days following the referral to arbitration. After the arbitrator has been selected, the Employer and the Association shall arrange with the designated arbitrator for the hearing of the grievance.

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.