Article 14 - Grievance Procedure

A grievance is a difference between the parties or any person bound by this Collective Agreement concerning its application, interpretation, operation or alleged violation. It is understood that the parties may have the assistance of Human Resources or the Canadian Union of Public Employees, as the case may be, at any point in this procedure.

Grievances involving interpretation or administration of the Collective Agreement signed by a duly authorized Union official and not involving a specific individual, and grievances by a group of employees shall be taken directly to Stage 2 of the following procedure.

All efforts will be made between the parties to resolve grievances filed by the Employer. Failing these problem-solving efforts, the parties shall convey the matter to arbitration as per Article 14.8.

The Steward or Union Representative shall assist any employee(s) in preparing and presenting a grievance pursuant to the procedure set forth herein. When presenting grievances at Stage 1 or 2, two (2) members of its Grievance Committee and the grievor, if the grievor chooses to attend, shall suffer no loss of pay for attendance at such meeting with the Employer.

The Union recognizes that each Steward or a designated Union Representative is employed full-time by the Employer and that such a person will not leave work during working hours without permission in order to perform duties under this Collective Agreement. Such permission will not be unduly withheld and the Steward or designated Union Representative will not be hindered, coerced, restrained or interfered with while investigating a grievance or presenting an adjustment as provided in this Collective Agreement.

Every effort should be made to resolve problems through dialogue at the departmental level prior to filing a grievance.

Should parties be unable to resolve problems at the departmental level, the Union shall refer written grievances to the appropriate Dean, Administrative Head or designate with a copy to Human Resources within thirty (30) calendar days of when the grievor or the Union knew or reasonably ought to have known of the alleged infraction, except as provided for in Article 13.

14.6.1 Stage 1

Upon receipt of a formal grievance, the department or unit shall within ten (10) business days, meet to conduct a formal problem-solving meeting in an effort to resolve the matter. The Employer will provide the written results of this meeting to both parties within three (3) business days.

Should it be determined that further problem-solving efforts as identified in Article 14.6.3 and/or Stage 1 will not resolve the matter, either party may choose to proceed directly to Stage 2.

14.6.2 Stage 2

Failing resolution at Stage 1, the Union may, within thirty (30) calendar days of receipt of the Employer’s response at Stage 1, refer the written grievance to the senior University HR Officer or designate.

The parties shall meet to discuss the grievance at Stage 2 within thirty (30) calendar days of the referral and the Employer shall render a written decision within thirty (30) calendar days of the Stage 2 meeting.

14.6.3 Stage 3 – Arbitration

14.6.3.1 Time Limit

In the event that any grievance or matter in dispute has not been settled through the procedure outlined above, either party may, within fifteen (15) calendar days, submit the grievance or matter in dispute to binding arbitration in accordance with this Article.

It is agreed that time is of the essence in reaching a just conclusion to the grievance and arbitration process and, therefore, both parties agree that they will do everything possible to ensure that the arbitration proceeds as quickly as possible.

14.6.3.2 Composition of the Board

The Arbitration Board shall consist of three (3) members. One shall be named by the Employer and one named by the Union. The parties to the agreement shall endeavour to agree on a third member who shall act as Chair of the Board. Each of the parties to this Collective Agreement shall have their respective Board member selected and made known to each other within fifteen (15) calendar days of notice being given by either party for the establishment of the Board. Upon mutual agreement, the parties may select a single arbitrator to hear the grievance.

14.6.3.3 Selection of the Chair

The two (2) parties shall endeavour to agree on the selection of a Chair within thirty (30) calendar days of the notification of the grievance being submitted for arbitration. In the event of their failure to agree on a Chair within the time prescribed, they shall notify the Minister of Labour for the Province of Saskatchewan, who shall be asked to name a Chair.

14.6.3.4 Hearing

The Board, having been formed by the above procedure, shall meet, hear the evidence of both parties, and render a decision within sixty (60) days from the completion of taking evidence. The decision of the majority of the Board on the matter at issue shall be final and binding on both parties, but the board shall not be empowered to add to, subtract from, alter or amend the Collective Agreement in any way.

14.6.3.5 Time Deficiencies

Any Board of Arbitration established pursuant to the grievance procedure shall have the power to hear any arguments as to whether, in order to avoid consideration of substantive issues, time limits set forth in the grievance procedure have been unreasonably enforced. The Board may decide to deal with the case placed before it, despite such minor time deficiencies.

14.6.3.6 Disciplinary Action

The Board shall have the power to dispose of any grievance involving dismissal or disciplinary action by any arrangement which it deems just and equitable.

14.6.3.7 Expenses

The fees and expenses of the arbitrator shall be shared equally between the parties. Each party shall be responsible for their costs, fees and expenses of witnesses and those of its Board member.

14.7.1 Union May Institute Grievances

The Union and its representative have the right to originate a grievance on behalf of an employee or group of employees and to seek adjustment with the Employer in the manner provided in the grievance procedure. Such a grievance shall commence at Stage 1.

14.7.2 Facilities for Grievances

The Employer shall provide appropriate space for grievance meetings.

14.7.3 Grievances Dealt with During Working Hours

As far as practicable, all grievances will be dealt with during working hours, and no employee or employees, who are representatives of the Union, will suffer loss of pay by reason of time spent in discussing grievances with the representatives of the Employer.

14.7.4 Copies of Documents

In the event of disciplinary action or a grievance, and in an effort to be fair, transparent and timely, the Employer agrees (upon request) to provide to the Union all documentation and information pertinent to the specific action or grievance within ten (10) business days of the request.

14.7.5 Amended Time Limits

Any of the time limits specified for the grievance or arbitration procedure may be amended or waived by mutual agreement of the parties.

Prior to the referral to arbitration, and by mutual agreement between the Employer and the Union, the parties may identify and apply alternate options to resolve grievances.