My InfoSupport Staff University of Ottawa

Article 11 : grievance and arbitration procedure

11.1 The Parties shall be bound by this Article and shall promptly implement all decisions made in compliance with the procedures described in this Article.

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

11.3 Individual Grievance : The Bargaining Unit with the employee's consent may file an individual grievance on his behalf at stage one or stage two, in accordance with the procedures agreed to by the Parties.

11.4 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 single Unit but have different supervisors. 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 and signatures of the individuals.

11.5 Policy Grievance : The University or 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.

11.6  Grievance Meeting

At any time, the Parties may meet to try to find a satisfactory solution to the grievance. During the discussions, and if necessary, the Parties may amend the timelines as provided in Article 11.12. If the grievance cannot be resolved, the specified timelines below will be effective from the time either party states that the resolution is unsatisfactory.

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

11.8 In order for a grievance be valid, the employee or the Union shall inform the University of a disagreement between the Parties over the interpretation, application, administration or an alleged violation of the Agreement within forty (40) working days of the occurrence of the fact giving rise to the grievance.

Failure of the parties to file a grievance within these time frames shall not prevent the parties from grieving a similar occurrence in the future.

11.9 The Union shall have carriage of all grievances filed by the Bargaining Unit..

11.10 All notices of grievance shall specify the exact provision or provisions of this Agreement at issue in the dispute, including also, where appropriate, reference to past practices or other established procedures incorporated in this Agreement by articles of inclusion, and the remedy or remedies being sought, on a form agreed to by the parties.

11.11 The Parties agree to comply with the grievance procedure in accordance with the stages, time limits and conditions contained herein. If, in any stage, the University's representative fails to adhere to the required time limit(s) or conditions, the Union and the grievor may proceed to the next step of the grievance.

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

11.13  If the Bargaining Unit or 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.

Informal Complaint Stage

11.14 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 the Bargaining Unit has no grievance until the employee has first discussed the complaint with his supervisor without satisfaction.

11.15 The employee may, if he wishes, be accompanied by a Union representative appointed by the Bargaining Unit President, at the informal complaint meeting. If this choice is made, the supervisor will be accompanied by a University's Advisor, Labour Relations.

11.16 Once the Parties have been informed of an alleged violation of the Agreement, the Parties must have an informal meeting within no more than five (5) working days to try to find an acceptable resolution between the Parties. After the informal meeting, the University has ten (10) working days to provide a written response to the Union. The Union has ten (10) working days to file a formal grievance if the response is not satisfactory or if it has not received a response.

11.17 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.

Stage One (1)

11.18 Grievances at Stage One (1) shall be filed in writing by the Bargaining Unit to the appropriate Dean or Director of the service with a copy to the Principal Negotiator, HR Client Advisory Services or his designate.

11.19 Within ten (10) working days of the date of filing of the grievance days, the employee, the dean or director of the department concerned, the Principal Negotiator, HR Client Advisory Services or designate and a union representative appointed by the Bargaining Unit President, meet to attempt to resolve the grievance.

11.20 The Dean or Director's written response shall be delivered within ten (10) working days of the meeting between designates of the Parties.

11.21 If the Bargaining Unit 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 Bargaining Unit may submit the grievance to Stage Two (2), provided that it acts within ten (10) working days from the date the Bargaining Unit has received or should have received the formal response from Stage One (1).

Stage Two (2)

11.22 Grievances at Stage Two (2) shall be filed in writing to the Principal Negotiator, HR Client Advisory Services or his designate.

11.23 Within ten (10) working days of the filing of the grievance, the employee, the appropriate Dean or Director of the service, the Principal Negotiator, HR Client Advisory Services or his designate, and a Union representative appointed by the Bargaining Unit President, shall meet to attempt to resolve the grievance.

11.24 The Principal Negotiator, HR Client Advisory Services or his designate, submit to the Bargaining Unit President, a formal written response within ten (10) working days of the meeting between designates of the Parties.

11.25 If the Bargaining Unit is not satisfied with the disposition of the grievance, or if no reply has been received within the time limit outlined in Article 11.24, the Bargaining Unit may submit the grievance to arbitration at Stage Three (3), provided that it acts within fifteen (15) working days from having received the formal response from Stage Two (2).

11.26 0Where a grievance is filed by the University, it shall notify the Union within fifteen (15) working days of its desire to proceed to arbitration.

Stage Three (3) - Arbitration

11.27 The notice of referral to arbitration provides as follows:

  • the question(s) to be submitted to arbitration;
  • identity of the grievor(s) and the type of grievance.

11.28 Within fifteen (15) working days following the notice of referral to arbitration, the parties shall choose 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.

11.29 Grievances shall be heard by a single Arbitrator.

11.30  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.

11.31 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.

11.32 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.

11.33 The costs of the arbitrator shall be shared equally between the parties.

11.34 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.

11.35 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.

Grievance Mediation

11.36 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 the resolution is to be reached.

11.37 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.

11.38 The cost of Grievance Mediation Officers services will be equally assumed by the Parties.