Article 4 : complaints, grievance and arbitration procedure
4.1 DEFINITION OF A GRIEVANCE
4.1.1 A grievance shall be defined as any difference between the parties to this Agreement arising out of the interpretation, application, administration, or alleged violation of this Agreement.
4.1.2 GROUP GRIEVANCE
A group grievance, resulting from a consolidation of similar individual grievances seeking a common redress, may be initiated by the APTPUO at step two (4.3.2).
4.1.3 POLICY GRIEVANCE
A policy grievance involves a question of general application or interpretation of this Agreement and is initiated by the APTPUO at step three (4.4).
4.2 APTPUO AND MEMBERS’ RIGHTS
4.2.1 The Employer acknowledges the rights and duties of the APTPUO Officers and/or designates to assist employees in preparing and presenting a grievance and to accompany a member if she/he wishes at any meeting in step one of the grievance procedure.
4.2.2 The Employer agrees to cooperate with the APTPUO Officers and/or the APTPUO in providing relevant information concerning a grievance or a potential grievance.
4.2.3 The parties agree that every grievance shall be treated in a confidential manner up to arbitration.
4.2.4 It is understood that no member can conclude with the Employer or its representative(s), and vice-versa, any agreement which may contravene this Agreement without the consent in writing of the APTPUO.
4.3 GRIEVANCE PROCEDURE
It is understood that the management of Faculty Affairs or designate must receive a copy of any letter, document or grievance forwarded by the Association to a supervisor, chairperson of an academic unit or dean and faculty.
The parties agree to make reasonable efforts to encourage the informal, amicable, and prompt resolution of complaints or grievances arising from the administration, interpretation or application of this Agreement. Except when otherwise specified by an arbitrator, compensation required by an arbitration ruling must be awarded to the member in question without undue delay, unless the Employer notifies the APTPUO that it intends to apply for a judicial review. The parties agree that the arbitrator is to be kept aware of any issue linked to the operative part of the grievance and/or to its application.
4.3.1 STEP ONE: INFORMATION
4.3.1.1 If the member has a complaint that may lead to a grievance, the member shall advise the chairperson in writing of the subject matter of the complaint no later than twenty (20) working days after the member became aware, or reasonably ought to have been aware, of the occurrence of the circumstance giving rise to the complaint. A copy of such notice shall be forwarded to the dean, Faculty Affairs and the Association.
When a member believes that she/he was aggrieved by a hiring decision for a part-time professor position, she/he must ask the director for the reasons for her/his non-selection no later than twenty (20) working days after the publication of the hiring report.
The director will provide a written reply within ten (10) working days following the receipt of the request. A copy of the notice shall be sent to the Dean, to Faculty Relations and to the Association. If seniority was a factor in the decision, the total number of seniority points of the member as well as those of the selected candidate will be communicated.
4.3.1.2 In all other cases,the chairperson shall arrange an information meeting with the member within ten (10) working days of receipt of the notice as specified in 4.3.1.1 and shall advise the member of the right to be accompanied and/or represented by an APTPUO Officer or his/her delegate. The chairperson may also be accompanied by a representative from the management of Faculty Affairs. In any event, the chairperson shall forward her/his response in writing to the member, to the APTPUO, and to the dean within ten (10) working days of the meeting.
4.3.1.3 No complaint can proceed beyond Step 1 unless assumed as a grievance by the APTPUO.
4.3.2 STEP TWO: GRIEVANCE
4.3.2.1 If the complaint is not resolved at step 1 or if step 1 does not apply, the Association 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 provisions of this Agreement that allegedly have been violated and the relief sought. Such notice shall be signed by the Association and shall be delivered within twenty (20) working days of receipt of the chairperson's response or after the member became aware, or reasonably ought to have been aware, of the occurrence of the circumstance giving rise to the complaint. In the case of a group grievance which is initiated at step 2, the Association's notice shall be delivered within fifteen (15) 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.
4.3.2.2 The dean or her/his designate shall convene a meeting within fifteen (15) working days of receipt of the formal notice of grievance. The dean or her/his designate shall forward her/his decision in writing to the APTPUO within fifteen (15) working days of the meeting.
During the meeting, the parties will make the necessary efforts to have all relevant information on hand pertaining to the grievance.
4.3.2.3 At this stage, the APTPUO can file a formal request for arbitration, according to the terms of 4.3.4 In such cases, the APTPUO must cover all arbitration cancellation fees if ever the grievance is withdrawn or resolved.
4.3.2.4 APTPUO shall be informed of the representative’s name from Faculty Affairs, so that the President or his or her delegate may also attend.
4.3.1 STEP 3: REFERRAL TO ARBITRATION
4.3.2.1 If the grievance is not settled at step 2, the APTPUO may forward to the management of Faculty Affairs, a written request for arbitration signed by the Grievance Officer and/or her/his designate within twenty (20) working days after receipt of the Employer's written reply as required by step 2.
In the case of a policy grievance, the APTPUO shall file a notice to the management of Faculty Affairs within twenty (20) working days after the APTPUO became aware or reasonably ought to have been aware of the occurrence of the circumstance giving rise to the grievance.
The request 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.
4.3.2.2 Upon receipt of the notice or in any event within fifteen (15) working days, the management from Faculty Affairs shall convene a meeting with a representative of APTPUO, the aggrieved member if needed and the dean (or with the APTPUO representative alone in the case of a policy grievance) to explore the possibility of settlement. If no settlement is reached, the management from Faculty Affairs shall inform the APTPUO in writing within fifteen (15) working days of the meeting and confirm that the matter will proceed to arbitration.
Both parties agree to retain one or more arbitrators within thirty (30) days following the referral to arbitration. After the arbitrator or chair of the Arbitration Board has been selected, the Employer and the APTPUO shall arrange with the designated arbitrator or Arbitration Board for the hearing of the grievance.
4.3.2.3 If the parties mutually agree on a settlement at any point during the grievance process, the parties shall take all reasonable steps to implement the terms of settlement before the end of the academic session in which the settlement is reached.
4.4 TIME LIMITS
4.4.1 The parties agree to follow the Grievance Procedure in accordance with the steps, time limits and conditions contained herein.
4.4.2 If the member or the APTPUO fails to follow the Grievance Procedure in accordance with the required steps, time limits and conditions, the grievance shall be deemed settled on the basis of the Employer's last answer.
4.4.3 Any of the time limits set out in this article may be extended if mutually agreed to in writing. Such extension shall not be unreasonably withheld.
4.4.4 In the case of a complaint or grievance involving the allotment of a course or courses, the parties agree that it is preferable to arrive at a solution before the beginning of the academic session in which such a course or courses are to be taught.
4.5 DECISION NOT TO GRIEVE OR TO WITHDRAW A GRIEVANCE
If the Association notifies the Employer in writing of a complaint or of an alleged violation of the Agreement, but indicates a decision not to grieve, this decision will be without prejudice to grievances in similar matters. Such notification shall include a detailed statement of the matter in dispute and the specific provision(s) or interpretation(s) of the Agreement that allegedly have been violated. Further, the withdrawal of a grievance at any age shall be without prejudice to grievances in similar matters if the Employer receives written notification of this decision by the Association.
4.6 ARBITRATION
Grievances shall be heard by a single Arbitrator.
4.6.1 SINGLE ARBITRATOR
4.6.1.1 The Arbitrator shall be selected from among the list set out in paragraph 4.6.2 below. If an agreement cannot be reached on an outside arbitrator within five (5) working days, either party may request the appointment of an arbitrator by the Minister of Labour for the Province of Ontario.
4.6.2 ARBITRATION LIST
The parties agree that for the duration of the present Agreement, the persons listed herein may be chosen to sit as a single Arbitrator.
- William Kaplan (EN)
- Michele Pineau (FR/EN)
- Brian Keller (FR/EN)
- Bram Herlich (FR/EN)
- Jules Bloch (FR/EN)
- Brian Sheehan (EN)
- Christine Schmidt (FR/EN)
- Caroline Rowan (FR/EN)
- Brian Etherington (EN)
- George Surdykowski (EN)
- Paula Knopf (EN)
- Julie Durette (FR/EN)
4.6.3 COSTS
Each party shall bear the expenses of its representatives, participants, and witnesses and of the preparation and presentation of its own case. The fees and expenses of the single Arbitrator, the hearing room, and any other expenses incidental to the arbitration hearing shall be borne equally by the parties. The parties agree to use University facilities whenever possible.
4.6.4 AUTHORITY
The single Arbitrator shall have no authority to add to, subtract from, modify, change, alter or ignore in any way the provisions of this Agreement or any expressly written amendment or supplement thereto or to extend its duration, unless the parties have expressly agreed, in writing, to give it or her/him specific authority to do so or to make an award which has such effect.