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 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 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: INFORMAL PROCESS

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. 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: FORMAL PROCESS

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 an Association representative, the Member concerned if necessary, and the Dean to discuss the grievance. The Dean or their designate shall send the APTPUO their decision in writing, within fifteen (15) working days following the meeting.

12.2.4.5 In the case of a group grievance which is initiated at Step 2, the Association's notice shall be delivered within twenty (20) working days after the Association became aware or reasonably ought to have been aware of the occurrence of the circumstance giving rise to the grievance.

12.3* STEP 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 fifteen (15) 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 Upon receipt of the notice or in any event within fifteen (15) working days, the management from Faculty Relations shall convene a meeting with a representative of the 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.

12.3.4 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.

12.3.5 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.