INTRODUCING
THE ASSOCIATION GRIEVANCE COMMITTEE
Admittedly, this is a late introduction to a committee that has been operating since July. Then again, as a new committee with a new structure, developing its procedures and protocols on the fly, the Association Grievance Committee (AGC) is only now operating with a clear sense of itself.
Last year, AUFA voted to revise its constitution to create an Association Grievance Committee. Up until July of 2006, a lone Grievance Officer was charged with investigating all alleged violations of the Collective Agreement and, after consultation with the Executive, prosecuting grievances in accordance with Articles 11, 18, and 19 of the Collective Agreement. The creation of the AGC not only expanded the number of people involved in the investigation and carriage of grievances, but it also involved a change in the way the union handles grievances before entering into the formal procedures prescribed by the contract. In this article, I would like to introduce you to your AGC and its procedures.
The AGC consists of four members. The Senior Grievance Officer is the person on the committee with the most grievance experience and the one who serves as chair. Two Junior Grievance Officers work with the Senior Grievance Officer to investigate all alleged grievances and to vote on carriage, that is, the invocation of the formal grievance procedures prescribed by the Collective Agreement. And the Research Officer is responsible, when appropriate, for discovering pertinent case law and acting as an alternate Grievance Officer should any of the other officers have a conflict of interest.
The process begins with a complaint brought forward by an individual member of the bargaining unit, by a group of members, or by the Executive on behalf of all members. At this point, it is important to understand that while grievances are a form of complaint, not all complaints are grievances. Article 18.20 sheds light on the distinction: “A grievance is any complaint arising out of the interpretation, application, administration or alleged violation of this Collective Agreement or existing and approved practice if not in conflict with Articles of this Agreement, in which case the latter have precedence.” The key here is the alleged violation of the Collective Agreement. Complaints that do not pertain to the Collective Agreement or to Nova Scotia Labour Law are not grievances in the sense that they are not subject to the formal procedures outlined by the contract. The AGC might still attempt to act on such complaints on behalf of complainants, but it does so without contractual or legal standing.
When the parties described above allege that violations of the Collective Agreement or Nova Scotia Labour Law have occurred, the AGC is charged with investigating those allegations. The timelines for investigations vary depending on several factors, but the purpose of the AGC’s initial investigations is always the same: to determine the merits of allegations. Generally, the investigations involve confidential interviews with the complainants, other members of the bargaining unit who might have information pertinent to the cases, and administrative representatives. I would like to stress here that the AGC is bound by strict rules of confidentiality when conducting these interviews. Investigations also involve close readings of the Collective Agreement, and at times, of Nova Scotia Labour Codes and Case Law. Where appropriate, the AGC consults with CAUT and the Association’s lawyer. When the AGC has completed its investigations, it meets to discuss and vote on the merits of the grievances.
Notably, up to this point, the AUFA Executive is not involved with most cases (excepting, of course, party grievances brought to the AGC by the Executive). While the AGC reports to the AUFA Executive on its decisions, it makes decisions about whether or not to carry grievances independently. Why? The answer to this question points to what is perhaps the most significant change to the way AUFA handles grievances.
Members now have a clear right and formal structure of appeal. If the AGC decides to carry grievances, it invokes the processes for grieving prescribed by the Collective Agreement. At this point, it makes the AUFA Executive aware of the details of the case, and the Executive is bound by the same rules of confidentiality as AGC members. However, if the AGC votes not to carry grievances, it alerts complainants of their right to appeal to the Executive, which, if so called upon, begins investigations anew, unbiased by the deliberations of the AGC, before rendering a final decision on carrying the grievance. To ensure that the Executive is unbiased by the AGC’s deliberations, the Senior Grievance Officer in her/his monthly report to the Executive, gives minimal details about cases: s/he alerts the Executive to the decisions and to the fact that the members have been made aware of their rights of appeal.
John Eustace, Senior Grievance Officer