The Special Plan is no longer operative

Article 25: Grievance Procedures

25.1 Individual Grievance:

25.1.1 An individual grievance is an initiated complaint by a faculty member or librarian arising from the interpretation or application or alleged violation of an established or recognized policy, practice, or procedure of the University of Guelph, referred to or stipulated in this Agreement or elsewhere, other than a complaint by the Association about breach of any of the undertakings or provisions of this Agreement that directly relate to the Association as such, and other than a complaint or alleged violation with respect to a faculty member or a librarian relating to promotion, tenure or continuing appointment, or dismissal for cause of a tenured faculty member or a librarian with a continuing appointment, for which existing procedures shall be followed as outlined in the Faculty Policies Handbook or in Section B.11 of the “Terms and Conditions of Employment for Professional Librarians”, and subject to this Agreement.

25.1.2 Upon notification of receipt of a grievance action it is the Grievance Board’s first responsibility to rule as to whether or not the grievance relates to a policy, practice or procedure of the University of Guelph rather than to academic/professional judgement. In no event does the Grievance Board or Grievance Committee substitute its judgement for academic/professional judgement. It is understood that no griever will undertake legal action in a case while the case is before the Grievance Committee. The griever may seek advice and may be accompanied by an advisor at any stage of the proceedings.

25.1.3 A grievance will normally lapse if the grievance is not initiated or pursued within the specified time limits. If the University fails to respond within the time limits specified under any step in the procedures below, the griever may move to the next step. Notwithstanding the foregoing, time limits in the procedure may be extended by mutual consent of the griever and the University, at the appropriate steps that follow, or by the Grievance Board which may decide to entertain a grievance where the limits specified below have not been complied with, if the Grievance Board is satisfied that neither the griever’s nor the University`s position has been substantially prejudiced by the delay. Wherever an official is specified in this procedure, a designate may be appointed to act.

25.1.4 A Grievance Board of 10 members is established consisting of at least one faculty member from each college and one librarian. The faculty members and librarian are appointed by the President of the University from a list of not less than 16 persons submitted by the Association Council. The Chair is elected by a majority vote of the Board. The Chair is a voting member of the Board and in the event of a tie vote the Chair may cast a tie-breaking vote. Terms of service on the Grievance Board are for two years with half of the membership completing their terms each year. Vacancies on the Board are filled by the President after agreement with the Association. There is no restriction to the number of terms a member may serve. Where the Grievance Board has assigned a grievance to a Grievance Committee established under Article 25.2.3 of the Grievance procedure and where the Grievance Committee’s consideration of a particular case extends beyond the term of election to the Grievance Board, each member of the Grievance Committee shall continue to serve on that Committee until the decision is rendered (Article 25.2.3.4), regardless of whether that member’s term on the Grievance Board has expired. In cases where a member must resign from the Grievance Committee before a decision is rendered, that person shall be replaced by an experienced member of the Grievance Board.

25.1.5 The Grievance Board assigns individual grievances to a Grievance Committee established under the conditions stated in Article 25.2.3 of the grievance procedure. The Grievance Board may establish its rules of procedure, including but not limited to the assignment of a particular grievance to a Grievance Committee. The rules of procedure may be obtained by any faculty member or librarian, on application to the Secretary of the Grievance Board.

25.2 Grievance Procedure:

All parties to the grievance procedure will observe strictly all the proprieties of confidentiality and all the meetings of the Grievance Board will be held in camera.

25.2.1 Step Number 1: When a faculty member or a librarian feels that grounds for a grievance exist, it is discussed informally with the Department Chair equivalent. This meeting must occur within twenty (20) working days after the grounds for the grievance were known or ought reasonably to have been known by the faculty member or librarian. The Department Chair or equivalent notifies the griever of his/her decision, within ten (10) working days of the meeting. The grievance may be resolved at this point.

25.2.2 Step Number 2: If the grievance is not resolved to the griever’s satisfaction under Step Number 1, then, within the next twenty (20) working days, the griever may present a formal written grievance to the Dean or Chief Librarian or equivalent in his/her working unit. The written submission should include the nature of the grievance, what steps have already been taken in search of redress, and a clear statement of the redress now sought. All documentation in the hands of the griever, Department Chair, Dean or Chief Librarian, and other University administrative officers that might serve to substantiate or resolve the grievance must be exchanged, subject to Article 27. The griever should discuss the grievance with his or her Dean, or Chief Librarian. The Dean or Chief Librarian notifies the griever in writing of his or her decision concerning the validity and resolution of the grievance within ten (10) working days after receipt of the written grievance. If this decision does not satisfy the griever, then the griever may submit the grievance to the Grievance Board within ten (10) working days after receiving the note of the decision from the Dean or Chief Librarian. The application shall be in writing, indicating the nature of the grievance, what steps have already been taken in search of redress, and a clear statement of the redress sought.

25.2.3 Step Number 3: The Grievance Board assigns one of its members, other than the member from the griever’s college or equivalent, to conduct a preliminary investigation into the case. The griever and the Dean or Chief Librarian involved in the case, the President and the Provost and Vice-President (Academic) are notified in writing of the intention to conduct this preliminary investigation. The investigation includes the interviewing of the griever, the officers of the University with relevant responsibility and such other persons as the griever or University and the assigned member of the Grievance Board agree might help determine whether there is a prima facie case.

25.2.3.1 The Grievance Board meets within ten (10) working days of receiving a grievance to hear the investigator’s report. The Grievance Board decides whether there is, prima facie, a case to be heard. The griever is notified in writing, within two (2) working days of the Grievance Board’s decision. In the event the Grievance Board decides there is no prima facie case, and the griever accepts that decision, the matter rests.

25.2.3.2 In the event the Grievance Board decides there is a prima facie case, it names a Grievance Committee of three, selected from its members, to carry out a formal investigation. The Grievance Committee cannot include a member from the griever’s college or working unit or the original investigator who had been assigned by the board. The Grievance Committee names a Chair from its members. Notwithstanding, where the Grievance Board concludes that it is in the best interests of the griever and the University to do so, the Board may appoint an individual from outside the University to serve as Chair of the Grievance Committee to consider a particular grievance, providing the griever and the President consent to this appointment. In the case of an outside appointment, only two members of the Grievance Board are named to serve on the Grievance Committee. All members of the Grievance Committee vote. The Grievance Committee has access to all written material related to the grievance and has the power to interview parties to the dispute or anyone who may assist in resolving the matter. These interviews may be conducted individually or with some or all of the parties present. Administrative officers of the University agree to meet with the Grievance Committee within three (3) working days of a request for such a meeting.

25.2.3.3 The decision of the Grievance Committee, reached by a simple majority, is binding on the griever and the University. The decision shall be consistent with the fair and equitable application of this Agreement and with the established policies, practices and procedures of the University.

25.2.3.4 In all cases, the decision of the Grievance Committee is communicated, in writing with reasons, to the parties without disclosing whether the decision was unanimous or by majority. No minority or dissenting reports are issued and the deliberations of the committee are held in confidence. Records are maintained by the Grievance Board in order that they may obtained through due process.

25.3 Group Grievance

25.3.1 A group grievance, which is a grievance as defined in 25.1.1 above, but initiated by two or more faculty members or librarians, may be initiated as at Step Number 1, 25.2.1 of the grievance procedure at any time within thirty (30) working days after the grounds for the group grievance were known or ought reasonably to have been known by the faculty members or librarians concerned. If the group grievance is not resolved under Step Number 1, it may be pursued through the remaining steps of the grievance procedure.

25.3.2 Where a grievance affects two or more faculty members or librarians in different departments or divisions, they may initiate a group grievance as in Step Number 2, 25.2.2, within thirty (30) working days after the grounds for the complaint should reasonably have been expected to be known, except that if different colleges or division are involved the grievance will be presented to the Provost and Vice-President (Academic) rather than to the Dean or Chief Librarian as stated. Failure to resolve the grievance may result in proceeding to Step Number 3, 25.2.3, within ten (10) working days after receiving notice of the decision from the Provost and Vice-President (Academic).

25.4 An Association grievance is any complaint by the Association that any of the undertakings or provisions in this Agreement that directly relate to the Association as such has been breached. The parties agree that every effort should be made first to resolve an Association grievance in the Joint Consultative Committee. Failing such resolution, the Association may launch an Association Grievance as in 25.2.3, Step Number 3.

25.5 A University Grievance is any complaint by the University that any of the undertakings or provisions in this Agreement that directly relate to the University as such has been breached. The parties agree that effort should be made first to resolve a University grievance in the Joint Consultative Committee. Failing such resolution, the University may launch a University grievance as in 25.2.3, Step Number 2.