Grievance « WLUFA

Grievance

April 1, 2014
002-2014 response letter

 


Consult the Terms of Reference 2014 for information about:

  • Grievance Committee Composition
  • Role of the Grievance Committee
  • Responsibilities of the Grievance Coordinator
  • Responsibilities of Grievance Officers
  • Practices and Procedures of the Grievance Committee

Grievance Process

For a list of WLUFA Grievance Officers including their contact information, please visit WLUFA Standing Committee and WLUFA Representatives.


The following text can be found in the Collective Agreement for Full-time Faculty and Professional Librarians:

ARTICLE 27: GRIEVANCES AND ARBITRATION

27.1 General:

27.1.1 The parties agree to use every reasonable effort to encourage the informal, amicable, and prompt resolution of grievances arising from the administration, interpretation or application of this Agreement. The only matters that may be grieved are Grievances (27.3.1) and no other matters may be grieved.
27.1.2 The Association shall have carriage of all Individual, Group and Association grievances. No grievance may proceed to Step 1 unless and until it has been assumed by the Association.
27.1.3 All written communications pursuant to this Article shall be by registered mail or receipted hand delivery.
27.1.4 Unless the parties expressly agree otherwise, exchanges of information and offers of settlement at a pre-grievance or Informal Stage meeting shall be kept confidential by the participants and shall be deemed to have been made without prejudice, and as such in any subsequent proceedings related to that grievance information shall be presented de novo.
27.1.5 The contents of Article 1 (Preamble) shall not be made the subject of a grievance but may be referred to by either Party to this Agreement to demonstrate the declared intentions of the Parties at the time this Agreement was entered into. It is further provided that all recommendations and decisions made pursuant to the Research Grant Programs, Instructional Development Grant Programs and the Academic Development Program shall not be subject to grievance.
27.1.6 In order to provide for the orderly and timely settlement of grievances and to fulfill the provisions of 27.1.1 there shall be both an informal and a formal resolution procedure. The informal procedure is set out in 27.5.

The formal procedure is set out in 27.6 and shall, with the exception of those grievances initiated at Step II, be a sequential three step process as follows:

STEP I: is set out in 27.6.1;
STEP II: is set out in 27.6.2;
STEP III: ARBITRATION is set out in 27.6.3;
with the possibility for final resolution at any step.

27.2 Time Limits and Technical Irregularities:

27.2.1 Time Limits:

(a) Where no action is taken to submit the matter to the next step within the time limits set out 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 parties may agree to extend any time limits specified in either the grievance or arbitration procedures. In addition, the arbitrator or the arbitration board may extend the time for the taking of any step in the grievance procedure under the Agreement, notwithstanding the expiration of such time, where the arbitrator or the arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

27.2.2 Technical Irregularities:

No minor technical violation or irregularity occasioned by clerical, typographical or similar technical error in the grievance and arbitration procedures shall prevent the substance of a grievance being heard and judged on its merits, nor shall it affect the jurisdiction of the arbitrator.

27.3 Definitions:

27.3.1 Grievance:

A Grievance shall be any dispute or difference arising out of the application, interpretation, administration, or alleged violation of the provisions of this Agreement.

27.3.2 Types of Grievance:

(a) Individual Grievance is a grievance initiated by the Association on behalf of a single Member. Where two or more Members have a common grievance, the Association is entitled to initiate a separate grievance with respect thereto on behalf of each such Member.

(b) Group Grievance is a grievance initiated by the Association on behalf of two or more Members involving the same dispute against the University. The grievance shall name the Members involved and shall only be initiated with the written consent of all such named Members.

(c) Association Grievance is a grievance initiated by the Association which may, but need not, relate to an actual dispute involving an individual Member or group of Members.

(d) University Grievance is a grievance initiated by the University against the Association.

27.3.4 Nothing in this Article shall be deemed to preclude the Association from initiating an Association Grievance which also is the subject of an Individual or Group Grievance, nor shall the initiation of an Association Grievance preclude an Individual or Group Grievance. Where grievances are similar the parties agree to make the necessary arrangements to hear the grievances jointly.

27.3.6 There shall be no discrimination, harassment or coercion, of any kind, practiced against any person involved in these procedures.

27.4 Grievances to be filed at Step II:

27.4.1 The following grievances shall be filed at Step II of this procedure:
(a) Association Grievances;
(b) University Grievances;
(c) Grievances filed under Article 13, 14, 15, 16 or 17.1, 17.2, 17.3;
(d) Individual Grievances that involve the suspension or termination of a Member under Article 26, or the termination of a Member under Article 24, or that involve allegations of infringement of academic freedom under Article 7, or allegations of discrimination under Article 8, or allegations of research misconduct under Article 37.

27.4.2 The grievance shall specify the matter(s) in dispute, the Article(s) alleged to have been violated, and the remedy sought.

27.5 Informal Stage:

27.5.1 A Member who has any dispute or difference arising out of the application, interpretation, administration or alleged violation of the provisions of this Agreement may arrange a meeting with the appropriate Dean/University Librarian to explore possible resolutions. The Member has the right to be accompanied by an Association representative at the meeting. Nothing in 27.5.1 and 27.5.2 prevents the Member from proceeding directly to the grievance procedure.

27.5.2 If the dispute or difference is resolved at this step, the Member, the Dean, or the University Librarian has the right to have the agreed resolution put in writing and countersigned by all parties, in which case a copy shall be provided to the Association. Such resolution shall be without prejudice or precedent with respect to any future disputes.

27.6 Steps in the Formal Grievance and Arbitration Procedures:

27.6.1 Step I:

27.6.1.1 If the Informal Stage is unsuccessful in resolving the dispute or difference or the Member did not use the Informal Stage, the Association may present a formal grievance to the Dean/University Librarian.

27.6.1.2 The Association shall, within 20 working days of the date on which the events giving rise to the grievance occurred, or within 20 working days of the date upon which the grievor knew of the events giving rise to the grievance, whichever is later, present a formal grievance to either the grievor’s Dean, or the University Librarian. A formal grievance shall be in writing signed by the grievor(s), and shall specify the matter(s) in dispute, the Article(s) alleged to have been violated, and the remedy sought.

27.6.1.3 No later than 10 working days following the receipt of the grievance, the Dean/University Librarian or representative shall meet with the Association Grievance Officer, and shall make every reasonable attempt to resolve the grievance. At the option of the Association, the grievor may be present at this meeting.

27.6.1.4 If the grievance is resolved at this step, such settlement shall be reduced to writing and countersigned by the Association Grievance Officer and the Dean, or the University Librarian or representative within 7 working days after the date of the first meeting specified in 27.6.1.3. The Dean or University Librarian shall, within 3 working days after the date on which the settlement was countersigned, forward a copy of the settlement to the Association and to the grievor. Such settlement shall not constitute a precedent to be used against the University, the Association, or any other Member.

27.6.1.5 In the event that the Association Grievance Officer and the Dean or University Librarian, as the case may be, cannot resolve the grievance within 10 working days after the date of the first meeting specified in 27.6.1.3, then the Dean or University Librarian, as the case may be, shall within 3 working days after the expiration of this period, forward in writing to the Association Grievance Officer reasons for denying the grievance with a copy to the Association and to the grievor.

27.6.2 Step II:

27.6.2.1 Failing a resolution at Step I, or in the event the grievance is filed initially at Step II, pursuant to 27.4, the Association Grievance Officer shall, in consultation with the grievor, reduce the grievance to writing and shall specify the article or articles alleged to have been violated and the remedy sought. The Association Grievance Officer shall forward the written report on the grievance to the Vice-President: Academic, with a copy to the Association and to the grievor:
(a) for grievances initiated at Step II, within 20 working days of the date the events giving rise to the grievance occurred, or within 20 working days of the date upon which the grievor knew of the events giving rise to the grievance, whichever is later; or
(b) for grievances not resolved at Step I, within 10 working days of receipt of the decision from the Dean or University Librarian.

27.6.2.2 No later than 5 working days following receipt of the grievance, both Parties shall provide to each other all documents upon which they rely in respect of the grievance. Where documents to be relied upon include confidential materials in accordance with 12.2.2, each Party shall label such documents “Confidential” and shall retain them in an envelope separate from other documents produced in the grievance. The Parties shall restrict access to confidential material to only those individuals who will advise or decide on the grievance, including the Vice-President: Academic or representative, and the Association representative(s). An individual Member shall not be shown confidential material without the express written consents of the Parties, the author of the confidential material, and any individual who is the subject of the confidential material. Either Party may request from the other copies of any other document(s) it considers to be relevant to the grievance, and such requests shall not unreasonably be denied. In the event that the Party from which production has been requested refuses to produce the requested document(s), it shall provide its reasons for its refusal in writing within 5 working days of the request.

27.6.2.3 No later than 10 working days following receipt of the grievance, the Vice-President: Academic or representative shall meet with one or more Association representative(s), and shall make every reasonable attempt to resolve the grievance. In the event that a settlement is reached, it shall be reduced to writing and countersigned by the Vice-President: Academic or representative and the Association Grievance Officer.

27.6.2.4 In the event that no settlement is reached within 10 working days after the date of the first meeting under 27.6.2.3, the Vice-President: Academic shall within 3 working days after this 10 day period, forward in writing to the Association Grievance Officer and to the Association reasons for denying the grievance.

27.6.2.5 Step II: University Grievances:
A University Grievance shall be in writing and shall specify the article or articles alleged to have been violated and the remedy sought. The grievance shall be forwarded to the President of the Association within 20 working days of the date the events giving rise to the grievance occurred, or within 20 workings days of the date upon which the University knew of the events giving rise to the grievance, whichever is later. No later than 10 working days following receipt of the grievance, a representative of the Association shall meet with a representative of the University and shall make every reasonable attempt to resolve the grievance. In the event that a settlement is reached, it shall be reduced to writing and countersigned by the representatives of the Association and the University. In the event that no settlement is reached within 20 working days of the date of the first meeting hereunder, the representative of the Association within 3 working days thereafter shall forward in writing to the University reasons for denying the grievance.

27.6.3 Step III: Arbitration:

27.6.3.1 Notice to Arbitrate:

Either party shall be entitled, within 40 working days of the date upon which denial of the grievance is received by the grievor under 27.6.2, to forward written notice to the opposite party that it intends to proceed to final and binding arbitration with the grievance.

27.6.3.2 Appointment of Arbitrator:
The notice referring the matter to arbitration under 27.6.3.1 shall specify whether the party referring the matter to arbitration desires a single arbitrator or a board of arbitration, and if the latter, shall specify the party’s appointee to the board of arbitration and shall be delivered to the other party in writing. The other party shall, within 15 days of the receipt of the notice, advise the party referring the matter to arbitration if the party does not wish a single arbitrator, and, if applicable, the name of its appointee to the board of arbitration. The party referring the matter to arbitration shall appoint its nominee within 10 working days of being advised of the appointee of the other party. It is the right of the University or the Association to have any grievance referred to arbitration heard by a board of arbitration rather than by a single arbitrator.
27.6.3.3 Where either party chooses to have a three-person board of arbitration, it shall consist of an appointee of each of the parties and a chair to be chosen jointly by the appointees within 15 days after receipt of appointment of the second of them. If either party fails to name an appointee within the time specified above, or if the 2 appointees fail to agree upon a chair within the time specified above, the appointment may be made by the Minister of Labour of the Province of Ontario upon the request of either party. Unless exceptional circumstances dictate to the contrary, the arbitration hearing shall be held within 3 months of the date of the selection of the chair.

27.6.3.4 Where a single arbitrator is selected to hear the grievance, the following shall apply:
(a) the parties agree that the following persons will be asked to serve as a single arbitrator, on a rotating basis, so long as this Agreement continues to operate:
Louisa Davie
Pamela Picher
Howard Snow
Russell Goodfellow
Mary Lou Tims
Paula Knopf
Gail Brent

(b) the persons specified in (a) above shall serve as single arbitrators in rotation according to the order in which they are listed. If an arbitrator is not available or agreeable to commence hearings within 45 days of being notified of the requested appointment, the next person on the list shall be selected, and so on, until one of those on the list is available. For the next arbitration thereafter, the person who appears on the list immediately after the arbitrator last selected shall be next in the sequence of selection. However, by mutual consent in writing, the parties may select a listed arbitrator out of turn or select an arbitrator not on the list;

(c) if none of the persons on the list specified in (a) above can or will act within the required time, and if the parties do not agree on another arbitrator in accordance with (b) above, the parties within 15 days shall ask the Ontario Minister of Labour to appoint a single Arbitrator.
27.6.3.5 The Parties agree that no person who is an employee or student of the University, a member of the Board, the Senate or the Association, or was so at the time the grievance was initiated, or who has been involved with the negotiation of this Agreement shall be appointed an arbitrator, or be a member of the board of arbitration.

27.6.3.6 In any arbitration involving a matter in dispute under Articles 7, 13, 14, 15, 16, 17, 18, or 19, the appointees shall select a chair who has held a faculty or librarian appointment in a Canadian university for at least 5 out of the last 10 years.

27.6.3.7 Duties and Powers of the Arbitrator or the Arbitration Board:

(a) The arbitrator or arbitration board shall make a final and binding settlement of the differences between the Parties and for that purpose, has all the duties and powers of an arbitrator or arbitration board as stated in the Ontario Labour Relations Act, 1995, as amended from time to time and, in addition has the following duties and powers:
(i) to determine all questions of fact or law that arise;
(ii) effective upon the ratification of this Agreement, to grant such interim orders as the arbitrator or arbitration board considers appropriate, including the continuation or reinstatement in employment of a Member who has been denied Appointment with Tenure under Article 15, or Continuing Appointment under Article 16, and whose appointment terminates before the grievance is settled;
(iii) to make such orders or give such directions in proceedings as he/she or it considers appropriate to expedite the proceeding or to prevent the abuse of the arbitration process.
(b) An arbitrator or arbitration board shall not have jurisdiction to amend, modify, or act inconsistently with this Agreement.
(c) A board of arbitration shall determine its own rules of procedure and evidence which shall be fair, just and equitable.
(d) Where an arbitrator or arbitration board determines that a Member has been discharged or otherwise disciplined by the University for cause and the Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator or arbitration board may substitute such other penalty for the discharge or discipline as to the arbitrator or arbitration board seems just and reasonable in all the circumstances.

27.6.3.8 Costs:
Each Party shall bear the costs of its appointee to a board of arbitration, and the costs of the chair shall be shared equally. The costs of a single arbitrator shall be shared equally by the Parties. If so requested by the arbitrator(s) and if such space is available, the University shall provide meeting space on the University campus.

 

 

 

Created on: Thursday, November 22nd, 2012

Last updated on: Saturday, July 12th, 2014