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Model Clause on Grievance and Arbitration¹

1
General

1.1
There shall be no discrimination, harassment or coercion, of any kind, practised against any person involved in these procedures, or against any employee who elects not to pursue a grievance.

1.2
The parties agree to make every reasonable effort to settle all grievances in a prompt, just and equitable manner.

1.3
The union2 shall have carriage of all grievances. The employer shall deal only with the union with respect to a grievance.

1.4
On request of either the union or the employer, the other party shall provide access to all non-privileged documents relevant to the grievance to provide for an open, fair and expeditious processing of the grievance.

2
Definitions

2.1
(a)    Grievance:  A grievance is a claim, dispute or complaint involving the interpretation, application, administration or alleged violation of this collective agreement.

(b)    Grievor: The grievor is the union which initiates a grievance on behalf of a member or group of members or itself.

2.2
Types of Grievance

(a)    an individual grievance is a grievance initiated by the union on behalf of an individual member;

(b)    a group grievance is a grievance initiated by the union on behalf of a group of members;

(c)    a policy grievance is a grievance by a union which may involve a matter of general policy or of general application of the collective agreement;

(d)    a union grievance is a grievance which directly affects the union.

3
Time Limits

3.1
(a)     The union shall file a grievance according to procedures outlined in 6.1 within thirty (30) working days after the occurrence of the incident giving rise to the grievance, or thirty (30) working days from the date it became aware of the events giving rise to the grievance, whichever is later.

(b)    Should the incident giving rise to the grievance occur outside the academic year (as defined in this collective agreement), the union shall have thirty (30) working days from the start of the next academic year in which to initiate the grievance, or thirty (30) working days from the date the union knew of the events giving rise to the grievance, whichever is later.

3.2
(a)    Where no action is taken on a grievance within the time limits specified in this article, the grievance shall be deemed to have been withdrawn or settled as the case may be.

(b)    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.

(c)    The time limits specified in this article may be extended by mutual agreement by the parties.  Moreover, an arbitrator shall have the power to waive time limits on any reasonable grounds. The amended time limits must be specified in writing.  

4
Technical Irregularities

No technical violation or irregularity occasioned by clerical, typographical or technical error in the written specification of the grievance shall prevent the substance of a grievance from being heard and judged on its merits.

5
Termination of Employment

5.1
In cases involving dismissal for cause, denial of tenure, failure to renew a tenure-track appointment, termination of a continuing appointment, failure to renew a renewable contract  appointment, or termination of a contract appointment before it comes to term, the union shall have the right to take a dispute directly to arbitration.

5.2
In all cases involving dismissal for cause, denial of tenure, failure to renew a tenure-track appointment, termination of a continuing appointment, failure to renew a renewable contract  appointment, or termination of a contract appointment before it comes to term, discipline, or alleged incompetence, the burden of proof shall be on the employer to establish its case.

6
Grievance Procedure

6.1
A grievance shall be in writing signed by the union representative and shall specify the matter(s) in dispute, the article(s) alleged to have been violated, and the remedy sought.  

6.2
No later than 10 working days following the receipt of the grievance, the employer representative shall meet with the union representative and any employee affected.  The parties shall make every reasonable attempt to resolve the grievance.

6.3
If the grievance is resolved at this stage, such settlement shall be reduced to writing and countersigned by the union representative and the employer representative within 10 working days of the meeting at which the settlement was reached.

6.4
In the event that the union representative and the employer representative cannot resolve the grievance within 10 working days of the meeting(s) specified in 6.2, the employer representative shall forward in writing to the union representative the reasons for denying the grievance.

6.5
If the grievance is not resolved at the meeting(s) held under article 6.2, none of the information exchanged in the context of the meeting(s) can be brought forward as evidence in any subsequent arbitration.

7
Arbitration3

7.1
The union may, within 15 working days of receipt of the response specified in 6.4, give written notice of its intention to submit the matter in dispute to an arbitrator for final and binding arbitration.

7.2
The parties shall choose an arbitrator from any recognised list of arbitrators. Should the parties fail to agree on the appointment of an arbitrator within10 working days of receipt of the notice specified in 7.1, the arbitrator shall, upon request of either party, be appointed by the Minister of Labour of this province as provided for under this province’s labour relations act.

7.3
The arbitrator shall have the duty and power to adjudicate all matters in dispute.

7.4
The arbitrator shall proceed with all dispatch with the inquiry into the grievance, and in accordance with such procedures and mode of proof that the arbitrator deems appropriate.

7.5
The arbitrator shall have jurisdiction to award such remedy or remedies as the arbitrator deems appropriate; however the award shall not be inconsistent with the terms of this collective agreement.

7.6
In disciplinary matters, the arbitrator may confirm, amend or set aside the decision of the employer and, if such is the case, substitute the decision the arbitrator deems fair and reasonable.

7.7
Grievances involving the denial of tenure, failure to renew a tenure-track appointment, termination of a continuing appointment, failure to renew a renewable contract appointment, or termination of a contract appointment before it comes to term shall be treated as grievances involving dismissal. The arbitrator shall have the power to award reinstatement through issuance of a new equivalent appointment, or in the case of tenure denial to award tenure.

7.8
The arbitrator shall have the power to make an interim order requiring the employer to provide relief.

7.9
The arbitrator shall not have the power to alter, add to modify, or amend the agreement in any respect whatsoever.

7.10
All arbitration expenses, including the remuneration of the arbitrator, shall be shared equally by both parties, subject to the award of costs by the arbitrator as part of the remedy.

Approved by the CAUT Council, April 2000; revised, November 2007.

Endnotes
1. The labour relations act of each province requires grievance and arbitration procedures to be part of the collective agreement of any certified union.  This statutory provision should be viewed as a minimum standard.  Unions should negotiate better protections, and accept no less than the statutory provisions.

 2. The word “union” is used throughout this clause to mean “faculty association”.  Faculty associations should use the term which is consistent with the term used throughout their collective agreement.

3. The following section provides for a single arbitrator. Should the union believe that an arbitration board is a more appropriate mechanism, replace “arbitrator” with “arbitration board” throughout paragraph 7.  In addition, change 7.2 to read as follows:

    7.2

    (a)    There shall be an arbitration board composed of three (3) persons:  a nominee of each of the parties and a chairperson to be chosen jointly by the two nominees.

    (b)    At the time notice is given as specified in 7.1, the union shall indicate the name of its nominee on the board, and within seven (7) days the employer shall reply, naming its nominee. The two nominees will then select, by mutual agreement, a chairperson for the arbitration board from any recognized list of arbitrators.

    (c)    If the employer fails to nominate an arbitrator, or if the two nominees fail to agree on a chairperson within  twenty (20) working days of their appointment, any required appointment shall be made by the Minister of  Labour of this province upon the request of either party as provided for under this province’s labour relations act.