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Guide to the Grievance Procedure

Any member of the bargaining unit may seek advice from CUASA on problems concerning an alleged violation, interpretation or the application of the collective agreement. Such matters should be promptly brought to the attention of the Grievance Officer or the Executive Director (or another member of the Executive). Often the problem is one that can be resolved by CUASA in an informal way. A grievance can only arise from the collective agreement which governs relations between the employee and the employer. Thus a grievance may not be brought against another member of the bargaining unit.

Article 30 governs the grievance procedure and specifies the time limits applicable. Stage 2, which is activated if the informal stage does not result in an acceptable settlement, must be commenced within twenty working days of the event giving rise to the grievance or the date on which the member first became aware of the problem, if that date is later. While the employer and CUASA have maintained a problem solving approach to grievances since 1975, it is best to address problems in a timely fashion.

If the problem does lead to a formal grievance, the member has the right to consult with the Grievance Officer and/or Executive Director of CUASA and to have assistance in preparing the necessary documentation.

A grievance must be submitted through the CUASA Office to the dean/director/university librarian and must be signed by the Grievance Chair or the Executive Director.

While it is understood that the Grievance Chair and/or the Executive Director will assist the member in preparing the dossier and atempt to inform the member of deadlines and dates, it is the responsiblity of the grievor to ensure that deadlines are met at every stage of the grievance process. It is, however, the responsiblity of the CUASA Executive to ensure that the deadline for submission to arbitration (if necessary) is met.

At the Informal Stage (Stage 1) the member may request that the Grievance Chair or the Executive Director intercede in the process in an attempt to settle the grievance at this level.

At Stage 2 (submission of formal written grievance) CUASA will submit the formal written grievance and arrange for a meeting to discuss the grievance with the relevant management representative(s). The grievor will be kept advised and, if s/he wishes, may attend this meeting. The member may also be accompanied by her/his own advocate if s/he so wishes, but CUASA must be notified in advance and will not assume any financial responsibility for such advocates.

If Stage 2 does not provide a satisfactory result, CUASA may appeal to the Grievance Sub-Committee. This committee meets with representatives from the union and management and assists the parties in their efforts to resolve the grievance and, at the request of the parties, shall render a written report within thrity days of its final meeting with the parties.

If Stage 2 does not result in a satisfactory outcome, or if the employer refuses to implement the resolution, then the Association may, at its discretion, proceed to arbitration. The grievance is referred to the CUASA Council by the Grievance Chair and Council decides whether or not to send the grievance to arbitration. In making its decision, Council reviews in good faith the grievance and the stages of the process to date, taking into account the nature of the grievance, the seriousness of the matter, its own resources and its legitimate interests as a union. Council will reach a decision on the merits of the grievance that is not arbitrary, capricious or discriminatory. In considering the grievance, Council will have the benefit of an opinion from legal counsel and a recommendation from the Grievance Chair; as well as any other information that it deems necessary in order to reach a fair decision.

If Council decides that the grievance shall proceed to arbitration, then CUASA shall present the case thorugh its legal counsel at its own expense. Legal counsel is retained to advise CUASA. Individual access to CUASA's legal counsel is only available with the permission of CUASA. The member has an obligation to cooperate and assist counsel in preparing the case for the arbitration hearing, and counsel acts on the member's and the union's behalf at the hearing. In some instances CUASA, at its discretion, may permit the member to engage private legal counsel at the member's own expense, in which case the member will present his/her case before the arbitrator. In such event, CUASA retains the right to be present and to represent the interests of the Association.

In some cases CUASA may wish to proceed to arbitration even if the member does not request it. In such a case, CUASA shall so inform the member in writing. Such cases may arise where the grievance may have a general application or the interepretation could have an effect on other pending or future grievances. Access to information and grievance files will be available on an as needed basis in order to present the grievance at arbtiration.

All grievance files will be accessed only through the CUASA offices. Although the material submitted by members will be treated confidentially, decisions from the stages will be made available to Council if arbitration is requested or is necessary.

All arbitral decisions are public documents and may be disseminated in any way the CUASA Executive considers appropriate.

The CUASA Grievance Chair and/or the Executive Director will assist with the preparation of cases and will provide any background research or assistance necessary. The Executive Director will maintain the grievance files.

It is vitally important that the member cooperate, be forthright and provide full disclosure of all relevant facts and documents to the Grievance Chair/Executive Director. Civility is a requirement of a successful grievance and must be observed by all parties.

This document is meant to serve as a guide only. In the event of a conflict between this memo and the collective agreement, the latter prevails.

If you need a copy of the collective agreement, please contact Stephen Green Human Resources (3634).