Settlement of Grievances

Alberta Union of Provincial Employees Local 53 Collective Agreement
Article 12 - Settlement of Grievances
Table of Contents
Table of Contents (Alphabetical)

Settlement of Grievances

12.01 In the event that a difference arises between the parties hereto or any person bound by this agreement regarding:
(i) alleged unjust treatment or discrimination;
(ii) alleged unfair working conditions;
(iii) alleged sexual harassment;
(iv) the dismissal of a Casual, Temporary or Probationary Employee;
(v) any disciplinary action involving a financial penalty other than described in (iv) above;
(vi) the suspension, or dismissal of a Regular, Sessional, Apprentice or Project Employee without just cause;
(vii) the application, interpretation, operation or any alleged violation of this agreement;
the alleged difference must be dealt with progressively in the following manner without stoppage of work or refusal to perform work except as provided pursuant to the Occupational Health and Safety Act in respect of an imminent danger to the health or safety of the Employee.
Differences concerning matters referred to in 12.01 (i), (ii), (iii) and (iv) above shall not be submitted to arbitration.
Differences concerning matters referred to in 12.01(v),(vi) and (vii), may be submitted as a grievance directly at Step II provided that the grievance is submitted, in writing, within ten (10) work days from the date upon which the subject of the grievance occurred or the time the Employee first became aware of the subject of the grievance.
12.02 Informal Discussion
Within ten (10) work days from the date of the incident prompting the difference, or the date the Employee could be expected to have been aware of the incident, the Employee shall discuss the matter with his immediate supervisor with a view to resolving it.
A Union Steward, at the request of the Employee, may accompany and assist the Employee at this step.
Step I
If the difference is not resolved in the informal discussion, it becomes a grievance provided that it is reduced to writing specifying the complete and full statement of the difference pursuant to a declared, specific sub-clause of 12.01 and the particular relief requested on behalf of the grievor. The grievance must be signed by the Employee and submitted to the Human Resources Department and the senior supervisor within ten (10) work days from the date of the informal discussion. The decision of the senior supervisor shall be issued to the Employee, in writing, within ten (10)work days of receipt of the written grievance. At the request of either party, a meeting shall be held at this step.
Step II
If no settlement is reached in Step I, the grievance may be referred to Step II within ten (10) work days of the receipt of the written decision from Step I. The President, or a mutually agreeable designate, shall hear from representatives of the Board and the Union, at a hearing to be convened within fifteen (15) work days of receipt of the grievance. He shall issue his decision in writing within ten (10) work days of hearing the grievance. If it is a grievance as defined in 12.01 (i), (ii), (iii) or (iv) the decision of the Step II Officer shall be final and binding upon the Board, the Employee and the Union.
Step III
If it is a grievance as defined in 12.01 (v), (vi) or (vii) and no settlement is reached in Step II, and the employee has the approval of the Grievance Committee, the grievance may be referred to arbitration as provided in the Act. Where either party requests that a grievance be submitted to arbitration, the request shall be submitted to the other party in writing within fifteen (15) work days of the receipt of the written decision from Step II.
12.03 Both the Union and the Board shall have the right to process as policy grievances items which may arise regarding interpretation, application, operation or alleged violation of this Agreement through the above mentioned procedures commencing with Step II, provided that the grievance is submitted in writing, within ten (10) work days from the incident prompting the grievance.
12.04 Either party may request an extension of the time limits mentioned above provided that such extension is requested prior to the expiry of the time allowed. Where such extension is requested, it may not be denied unreasonably.
12.05 When the postal service is used to process a grievance all correspondence between the parties to the grievance or their representatives shall be by double registered mail. When a grievance or reply is delivered by hand the date of delivery shall be deemed to be the date submitted.
12.06 When a grievance is processed by double registered mail, the grievance shall be deemed to have been submitted on the day on which it was registered by the grieving party. Similarly, a written reply to a grievance shall be deemed to have been submitted on the date on which the letter containing the reply was registered.
12.07 In the event the initiator of the grievance fails to follow the procedure and time limits established in the steps of the Grievance Procedure, the grievance shall be deemed to be abandoned.
12.08 When the recipient of the grievance fails to respond within the time limits prescribed in the Grievance Procedure, the grievance shall advance to the next step of the Grievance Procedure.
12.09 An arbitration board shall have no power to add to, subtract from, modify or amend the provisions or terms of this Agreement.
12.10 An arbitration board shall expressly confine itself in its award to the precise issue submitted to the Board and shall have no authority to make a decision on any other issue not submitted.
12.11 Procedures as stipulated in this Article may be varied by written agreement of the parties.

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A.U.P.E. Local 53 Collective Agreement Table of Contents

A.U.P.E. Local 53 Collective Agreement Table of Contents - (Alphabetical)