Representation

The time required to resolve a grievance varies depending on the nature of the case, the procedures set out in the collective agreement, the availability of arbitrators, the complexity of the evidence and the possibility of reaching a settlement with the employer.

Some grievances can be resolved quickly through discussions between the parties. Others require a more extensive investigation, multiple meetings, or an arbitration hearing, which can significantly extend the process.

Throughout the process, the union works to advance the grievance and achieve the best possible outcome. Your union representative can keep you informed of the progress of your case and explain the next steps.

Arbitration is the process used when the union and the employer are unable to resolve a grievance on their own. The grievance is then presented to an independent arbitrator. Each party has the opportunity to present evidence, call witnesses, and make legal and factual arguments.

After hearing both parties, the arbitrator issues a decision that is binding on the union, the employer, and the member concerned. Depending on the circumstances, the decision may order compensation for lost wages, cancel or modify a disciplinary measure, order reinstatement, or clarify how a provision of the collective agreement must be interpreted or applied.

Arbitration is therefore the final and binding process for resolving disputes arising from the interpretation or application of a collective agreement.

Once a grievance has been filed, it follows the process set out in the collective agreement. The union and the employer may first meet to discuss the issue and attempt to reach a resolution. Many grievances are settled at this stage without the need for an arbitration hearing.

If no agreement can be reached, the union may decide to refer the grievance to arbitration.

A union investigation is conducted to gather the information needed to understand the situation and determine the most appropriate course of action.

The person responsible for the investigation may meet with the member involved, witnesses, and, depending on the circumstances, other individuals who may have relevant information. They will seek to establish what happened, when and where it occurred, and what evidence is available to support the facts.

Members are expected to cooperate fully with the investigation and provide all relevant information, even if some details may appear unfavourable to their position. A thorough investigation enables the union to assess the matter objectively, advise the member, and determine whether a grievance should be filed or whether another course of action would be more appropriate.

If you believe that your rights under the collective agreement have not been respected, contact a member of your Executive Committee or your union representative as soon as possible.

Explain the situation as clearly as possible and provide any relevant documents, such as a disciplinary letter, a pay stub, a work schedule, an email, or any other supporting evidence.

The union will then review the situation, examine the relevant provisions of the collective agreement, and determine the most appropriate course of action. Depending on the circumstances, it may work with the employer to resolve the issue or if necessary file a grievance.

A grievance is a dispute concerning the interpretation or application of a collective agreement.

A grievance may be filed to challenge a disciplinary measure, a dismissal, a payroll error, a failure to respect seniority rights, a job assignment, or any other decision that may violate the rights set out in the collective agreement.

A grievance allows the union to ask the employer to correct the situation and, when appropriate, seek an appropriate remedy for the affected employee or group of employees.