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| Enforce Your Contract A Collective Agreement, or Contract, is a binding document between employees represented by a Union and their employer. At times there may be a question as to whether or not the Collective Agreement has been violated. In the past when this happened workers would stage slow downs or walk off the job as a form of protest or until the matter in dispute was resolved. Nowadays Collective Agreements contain a mechanism to resolve any differences without the need and disruption of work stoppages. This is commonly referred to as the "grievance procedure". The grievance procedure is the means by which employees enforce their Collective Agreement. Employers sometimes forget they agreed to something or will have a different interpretation as to what they agreed to. Other times they may feel justified in taking a certain action, such as disciplining an employee, which the employee does not believe is fair. It is under these circumstances that it may be necessary to file a grievance. There is no set standard for a grievance procedure therefore each Collective Agreement may have its own unique process. When an employee or union representative believes the Collective Agreement has not been followed they should approach the appropriate management representative to discuss their concern. If this does not resolve the issue then a formal grievance should be filed. Care should be taken to realize that there are specific time requirements for the filing of a grievance and these must be adhered to. Employees who wish to file a grievance should consult with their union steward or representative. Detailed notes of the what, when, who, how and why should be taken for future reference. It must be remembered that for there to be a legitimate grievance there has to have been a violation of the Collective Agreement. This may include a violation of a government statute or regulation. There are three main categories of grievances. There is a personal grievance, a group grievance and a Union grievance or sometimes referred to as a policy grievance. An example of a personal grievance would occur if an employee has been disciplined without just cause. An example of a group grievance may be if the employer has implemented a schedule change that affects a number of employees and the proper notice of the change was not given. A Union grievance would be filed if the Employer failed to remit collected dues to the Union. In general a personal grievance or group grievance affects one or a small group of employees while a Union grievance affects the whole Union. Before a grievance is filed it is important to understand exactly what is being grieved and the remedy sought. This requires a careful examination of the facts, thorough understanding of the Collective Agreement, consideration of any past practice or precedent that may have previously been set and knowledge of how arbitrators have interpreted and applied Collective Agreements to similar situations in the past. It is only after the necessary fact finding and research that a written grievance can be properly constructed. Once written the grievance is delivered to the appropriate manager for response. Depending on the grievance procedure the employer may respond back in writing or a meeting will be arranged between the Union, grievor and Employer to discuss the grievance. If there is no resolution of the grievance following the meeting the Union must decide whether or not to pursue the matter to binding arbitration. Arbitration involves the matter in dispute being adjudicated by a neutral third party. Visit our section on Employment and Labour Law Research for help with the preparation and processing of grievances.
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Communications
Workers of America, Local 30248
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