11.01 The parties agree to use every reasonable effort to encourage the informal, amicable, and prompt resolution of grievances arising from the administration, interpretation or application of this Agreement.
11.02 The Union shall have carriage of all Individual, Group and Union grievances. No grievance may proceed to Step I unless and until it has been assumed by the Union.
11.03 Unless the parties expressly agree otherwise, exchanges of information and offers of settlement at a pre-grievance or Informal Stage meeting shall be kept confidential by the participants and shall be deemed to have been made without prejudice, and as such in any subsequent proceedings related to that grievance information shall be presented from the beginning (de novo).
11.04 If the Union notifies the Employer in writing of an alleged violation of the Collective Agreement but indicates a decision not to grieve, this decision shall be without prejudice to grievances on similar matters. Furthermore, the withdrawal of a grievance at any step shall be without prejudice to grievances on similar matters if the Employer receives written notification of this decision from the Union.
Time Limits and Technical Irregularities
11.05 Time Limits: Where no action is taken to submit the matter to the next step within the time limits set out in this Article, the grievance shall be deemed to have been withdrawn or settled, as the case may be. In the event a party fails to reply in writing within the time limits prescribed in this Article, the other party may submit the matter to the next step as if a negative reply or denial had been received on the last day for the forwarding of such reply.
The parties may agree to extend any time limits specified in either the grievance or arbitration procedures. In addition, the arbitrator or the arbitration board may extend the time for the taking of any step in the grievance procedure under the Agreement, notwithstanding the expiration of such time, where the arbitrator or the arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.
11.06 Technical Irregularities: No minor technical violation or irregularity occasioned by clerical, typographical or similar technical error in the grievance and arbitration procedures shall prevent the substance of a grievance being heard and judged on its merits, nor shall it affect the jurisdiction of the arbitrator.
Definitions
11.07 Grievance: A Grievance shall be any dispute or difference arising out of the application, interpretation, administration, or alleged violation of the provisions of this Agreement.
11.08 Types of Grievance
a) Individual Grievance is a grievance initiated by the Union on behalf of a single Member. Where 2 or more Members have a common grievance, the Union is entitled to initiate a separate grievance with respect thereto on behalf of each such Member.
b) Group Grievance is a grievance initiated by the Union on behalf of 2 or more Members involving the same dispute against the University. The grievance shall name the Members involved and shall only be initiated with the written consent of all such named Members.
c) Union Grievance is a grievance initiated by the Union which may, but need not, relate to an actual dispute involving an individual Member or group of Members.
d) Employer Grievance is a grievance initiated by the Employer against the Union.
11.09 There shall be no discrimination, harassment, coercion, reprisal or retaliation of any kind or threat thereof, practiced against any person involved in these procedures.
11.10 The following grievances shall be filed at Step I of this procedure:
a) Union Grievances;
b) Employer Grievances;
c) Individual Grievances that involve the suspension or termination of an Employee.
11.11 The grievance shall specify the matter(s) in dispute, the Article(s) alleged to have been violated, and the remedy sought.
Informal Stage
11.12 Before a grievance is filed formally, the Unit Head or designate shall attempt to resolve the matter in accordance with the following:
a) The Employee shall discuss the matter, accompanied and represented by a representative of the Union if they wish, with the Unit Head or designate where the Employee works. The matter shall be brought to the attention of the Unit Head or designate within fifteen (15) days after its occurrence, or from the date the Employee ought reasonably to have been aware of the occurrence of the circumstance giving rise to the matter. The Unit Head may elect to have a representative from Faculty Relations present.
b) The discussion shall take place within five (5) days after the matter is brought to the attention of the Unit Head or designate. The Unit Head or designate shall give a reply in writing within five (5) days of the discussion.
c) The parties agree that as a result of extenuating and exceptional circumstances, the Union may represent an Employee at this Informal Stage to facilitate resolution of a work-related dispute.
Steps in the Formal Grievance and Arbitration Procedures
Step I: Formal Grievance
11.13 If the Informal Stage is unsuccessful in resolving the dispute or difference the Union may present a formal grievance to the AVP FGPS with a copy to the Director of Faculty and Staff Relations within ten (10) days of the reply from the Unit Head or designate under Article 11.12 (b).
11.14 A formal grievance shall be in writing signed by the grievor(s), and shall specify the matter(s) in dispute, the Article(s) alleged to have been violated, and the remedy sought.
11.15 No later than ten (10) days following the receipt of the grievance, the AVP FGPS or designate, along with a representative from Faculty Relations, shall meet with up to two (2) representatives of the Union, and shall make every reasonable attempt to resolve the grievance. At the option of the Union, the grievor may be present at this meeting.
11.16 If the grievance is resolved at this step, such settlement shall be reduced to writing and countersigned by a Union representative and AVP FGPS, or designate, within seven (7) days after the date of the first meeting. The AVP FGPS, or designate shall within three (3) days after the date on which the settlement was countersigned, forward a copy of the settlement to the Union and to the grievor.
11.17 In the event that the Union representatives and AVP FGPS, or designate, as the case may be, cannot resolve the grievance within ten (10) days after the date of the first meeting, then the AVP FGPS or designate as the case may be, shall within ten (10) days after the expiration of this period, forward in writing to the Union reasons for denying the grievance with a copy to the grievor.
11.18 Employer Grievances: An Employer Grievance shall be in writing and shall specify the article or articles alleged to have been violated and the remedy sought. The grievance shall be forwarded to the President of the Union within twenty (20) days of the date the events giving rise to the grievance occurred, or within twenty (20) days of the date upon which the Employer knew of the events giving rise to the grievance, whichever is later. No later than ten (10) days following receipt of the grievance, up to two (2) representatives of the Union shall meet with up to two (2) representatives of the Employer and shall make every reasonable attempt to resolve the grievance. In the event that a settlement is reached, it shall be reduced to writing and countersigned by the representatives of the Union and the University. In the event that no settlement is reached within twenty (20) days of the date of the first meeting hereunder, a representative of the Union within three (3) days thereafter shall forward in writing to the University reasons for denying the grievance.
Step II: Arbitration
11.19 Notice to Arbitrate: Either party shall be entitled, within twenty (20) days of the date upon which denial of the grievance is received by the grievor under Articles 11.17 or 11.18, to forward written notice to the opposite party that it intends to proceed to final and binding arbitration with the grievance.
11.20 Appointment of a Single Arbitrator: The Party applying for arbitration shall provide the responding party with a list of up to five (5) Arbitrators for consideration. Within ten (10) days of the receipt of the list of recommended Arbitrators, the other party will either accept one (1) Arbitrator from the list, or submit a list of up to five (5) Arbitrators to the aggrieved party for consideration. If a sole Arbitrator cannot be agreed on from the list within a further ten (10) days, either party may request the Minister of Labour appoint an Arbitrator.
11.21 No person may be appointed as an Arbitrator who as been involved in an attempt to negotiate or settle the grievance, unless agreed upon by both parties.
11.22 An arbitrator is limited to the power and authority as provided for in the Ontario Labour Relations Act. The written decision of the Arbitrator will be final and binding upon the parties hereto, and the Employees.
11.23 The costs of arbitration shall be shared equally by the Parties.