All labour legislation in Canada requires that collective agreements contain provisions for grievance and binding arbitration for alleged violations of the agreement. Academic staff associations should negotiate grievance and arbitration procedures that suit their circumstances.
A grievance is a formal allegation that there has been a violation of the terms and conditions of employment.
Every member of the bargaining unit has the right to fair representation by the association, for all disputes with the employer, and at every stage of the grievance process.
Grievances may be on behalf of individuals, groups or the association.
The academic staff association should have exclusive carriage for all grievances.
The association should have the right to file a grievance on every matter covered by the collective agreement.
The final stage of a grievance should be final and binding arbitration by a neutral third party. The party may be either a single arbitrator or a 3-person arbitration board.
Cases involving academic freedom or peer evaluation should require arbitrators with extensive experience in or knowledge of appropriate post-secondary institutions.
The arbitrator should have the power to provide remedies and interim relief, including reinstatement of an individual.
Approved by CAUT Council, January 1991;
amended, December 2001 and
approved by the CAUT Council, April 2002.
Revised, March 2009;
approved by the CAUT Council, November 2009.