CUPE Health Care Workers' Council of Unions

ARTICLE 11 - GRIEVANCE PROCEDURE

11.01 Purpose

CUPE and SAHO agree the best resolution of a dispute is one worked out between the parties without recourse to a third party in a manner that is just and equitable. It is not the intention of either SAHO, the Employer(s) or the Union to evade the settlement of disputes on a procedural technicality. The objective is to provide a process which will assist the parties in reaching a mutually acceptable settlement as expeditiously as possible.

However, any claim by an Employee to be a violation of Saskatchewan Legislation shall be processed under that legislation and both parties agree to abide by the ruling.

11.02 Definition of a Grievance

A grievance shall be defined as any difference or dispute between the Employer(s) and any Employee(s) or the Union.

11.03 Union and Employer(s) Designates

The Local of the Union shall submit, in writing, to the Employer(s), the names of the Union representatives designated to deal with grievances and any subsequent changes. The Employer(s) shall submit, in writing to the Local of the Union, the names of the individual(s) designated to deal with grievances and of any subsequent changes.

11.04 Permission to Leave Work

a) Meeting with Employee(s)

Any Employee(s) who feel they have been aggrieved may request permission from their supervisor or designate to leave work temporarily, in order to discuss the complaint with a Local Union representative within the facility or agency. Neither the Employee(s) nor the Local Union representative shall suffer loss of pay. Suitable arrangements for an appropriate time and location for such discussions must be made. Such discussions shall take place as soon as possible.

b) Meeting with Employer(s)

The Employer agrees that one Local Union representative as identified in Article 11.03 - Union and Employer(s) Designates may leave assigned duties temporarily in order to discuss matters covered by the grievance provisions with the Employer.

Where a dispute involves a question of general application or interpretation and affects Employees of more than one department or facility/agency, the Employer agrees that up to three (3) Local Union representatives as per Article 11.03 - Union and Employer(s) Designates may leave assigned duties in order to discuss matters covered by the grievance provisions.

Such Local Union representatives shall not suffer any loss in pay for the time spent meeting with the Employer. Employer and Local Union designate must make suitable arrangements for an appropriate time and location for such discussions.

11.05 Step 1 - Informal Discussion

a) It is understood that before a grievance is submitted at Step 2 the Local of the Union shall attempt to resolve the dispute through discussion with a supervisor designated by the Employer. This discussion shall take place within fourteen (14) calendar days of discovery of cause for complaint. If the matter is not settled to the Local of the Union's satisfaction, the Local of the Union may proceed to Step 2 of the grievance procedure.

b) Notwithstanding 11.05 a), where a dispute involves a question of a general application or interpretation which affects more than one (1) employee, the Local of the Union or CUPE may bypass this Article and commence with Article 11.06 - Step 2 - Grievance to Employer Designate.

11.06 Step 2 - Grievance to Employer Designate

Failing resolution of the difference through the informal discussion, the Local of the Union may, within fourteen (14) calendar days of the informal discussion in Article 11.05 - Step 1 - Informal Discussion, submit a written and signed grievance to the Employer designate setting out the following:

a) the nature of the grievance and the circumstances out of which it arose;

b) the remedy or correction required to resolve the grievance.

The Employer designate shall discuss the grievance with the Local Union representative within fourteen (14) calendar days of receipt of the grievance and shall render a written decision within fourteen (14) calendar days of the discussion.

11.07 Investigation

At any stage of the grievance procedure, the parties may have the assistance of Employees concerned as witnesses. All reasonable arrangements will be made to permit the parties access to the Employer(s)' premises to view any working conditions relevant to settlement of the grievance. The Local of the Union and Employer(s) agree that, on request, appropriate information relevant to settlement of the grievance will be made available.

11.08 Extension of Time Limits

The time limits set out above may be extended by the agreement between the Employer(s) and the Local of the Union.

11.09 Dispute Resolution Options

Failing satisfactory settlement of the Grievance at the Second Step, the matter may be referred, within twenty-eight (28) calendar days, to:

a) Dispute Resolution Committee

Prior to Arbitration, by mutual agreement between the Employer and the Local of the Union, the grievance may be referred to the Dispute Resolution Committee referred to in Article 12.

b) Full Panel Arbitration

In the event the Employer(s) and the Local of the Union are unable to agree to using a) above, either the Local of the Union or the Employer may refer the grievance to Full Panel Arbitration and a Board of Arbitration shall be established in accordance with the Trade Union Act. If it is not so referred, the grievance shall be deemed to be settled.

i) Certain Rules and Procedures Applying

The rules and procedures set forth in the Trade Union Act shall apply to any arbitration proceedings under this Agreement as though the Arbitrator were an Arbitration Board.

ii) Procedure of an Arbitration Board

The Chairperson of the Arbitration Board shall fix the time and place of sittings after consultation with the nominees and notify the parties.

The Arbitration Board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations. The Arbitration Board shall, as much as possible, follow a layman's procedure and shall avoid legalistic or formal procedure.

iii) Decision of an Arbitration Board

The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. There shall be no lockout by the Employer(s) and no stoppage of work by the Union because of the grievance being arbitrated.

The decision shall be final, binding and enforceable on both parties.

The Board shall not have the power to change this Agreement or to alter, modify or amend any of its provisions. Subject to the foregoing, the Board shall have the power to dispose of the grievance by an arrangement which it deems just and equitable.

Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson to reconvene the Board to clarify the decision, which it shall do within thirty (30) working days.

iv) Expenses of the Arbitration Board

a) The Board:

The Local of the Union and the Employer shall pay the fees and expenses of its nominee and one-half (1/2) of the fees and expenses of the Chairperson.

b) Arbitration Witnesses:

In the event an Employee is called as a witness before an Arbitration Board, leave and expenses shall be applicable as follows:

i) if called by the Employer, leave without loss of pay and expenses paid by the Employer;

ii) if called by the Local of the Union, leave without loss of pay and expenses paid by the Local of the Union;

iii) if called by the Board, leave without loss of pay and expenses shared equally by the Local of the Union and the Employer;

iv) if a witness is subpoenaed, the Party requesting the subpoena shall be deemed to have called the witness.

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CUPE Health Care Workers' Council of Unions
3725E Eastgate Drive
Regina, Sask
S4X 1A5

Phone: 1-306-546-2185
Fax: 306-781-8177
Email: Gordon Campbell, President