For the purpose of this Agreement, a grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of the Collective Agreement, including any question as to whether a matter is arbitrable. The parties confirm their mutual desire that every grievance shall be resolved promptly with the object of arriving at a fair and proper settlement.
The parties encourage disputes to be resolved by informal, timely discussion. It is the right of employees, with the assistance of a Union representative if they so wish, to seek to resolve disputes through informal discussion with the Employer, provided that such informal discussion shall not in any way prejudice any dispute resolution procedures set out in this Agreement, unless a resolution has been reached.
The following types of grievances are recognized:
- Individual Grievance: The complaint of an individual employee
- Group Grievance: The complaint of two or more employees who are grieving the same alleged violation.
- Policy Grievance: The complaint of the Union or the Employer which may involve a question of general application or interpretation of the Collective Agreement.
The Union shall have the right to originate an individual, group or policy grievance. A statement of grievance must be filed within thirty (30) calendar days of when the grievor or Union knew or reasonably ought to have known of the alleged infraction. A Union policy grievance or a grievance involving suspension or termination of employment shall be submitted at Step 2.2.
A grievance proceeding is initiated by a statement in writing to the Associate Vice- President, People and Resources, which sets out the substance of the grievance and indicates the provisions of the Agreement that are alleged to have been improperly interpreted, wrongly applied, or violated.
Written grievances shall be heard by the Dean/ administrative unit head (or designate) within thirty (30) calendar days of receiving the grievance. The Dean/ administrative unit head (or designate) will render a written decision within fourteen (14) calendar days of the date of hearing.
In a case where there is an unresolved dispute between an employee and a dean, a grievance may be submitted at Stage 1 and heard by an alternate dean or designate.
If a satisfactory decision is not rendered within the time limits of Stage 1, the Union may, within thirty (30) days of receipt of the Stage 1 decision or forty-four (44) days from the date of the Stage 1 hearing if a decision has not been provided, refer the written grievance to the Associate Vice‐President, People and Resources, or designate.
The grievance shall be heard at Stage 2 within thirty (30) days. A written decision shall be rendered by the Associate Vice-President, People and Resources, or designate, within fourteen (14) days of the meeting.
No grievance shall be defeated or denied solely as a result of any technical objection occasioned by a clerical, typographical or similar technical error or by inadvertent omission of a step in the grievance procedure.
No employee shall be subject to reprisal for exercising his or her grievance rights under this Collective Agreement.
The grievor shall be permitted the required time off to attend grievance meetings with the Employer without loss of pay or benefits.
The time limits specified in the foregoing provisions may be amended by the parties upon agreement.