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If you think your employer has breached your collective agreement you can talk to the union about a grievance. The breach could be based on how a complaint about harassment has been handled.
Usually you would talk to the shop steward about a grievance, if there is one. If there is not one you can ask the union who you should bring your concerns to. You should explain to the shop steward or other union representative why you believe that your employer’s actions are a breach of your collective agreement. Tell them about any evidence you have that supports your claims or witnesses that may be helpful. Get information about any time limits that could affect you.
The shop steward, or other union representative looks at whether the collective agreement has been breached as well as ways to resolve the issue. If the matter is not resolved they can involve the union. Your union may try to resolve the matter informally by talking to your supervisor, manager or employer. They may do this on your behalf or attend any meetings that you have requested. If the matter is not resolved at this stage – and they have determined that it is a breach of your collective agreement – they may decide to file a formal grievance.
It’s important to note that if the matter is grieved, the alleged harasser is entitled to know the particulars of the complaint.
A grievance will involve a written complaint that specifies what section of the collective agreement has been breached and the remedies being sought. As part of the process of determining whether to go ahead with a grievance, the union will investigate the issue and interview the other party and any witnesses.
The union will put their case forward and hear management’s position. The employer may then formally respond to the grievance. The employer may...
If the employer’s response is not acceptable to the union, they may choose to take the grievance to arbitration.
If an employer accepts a grievance there are a number of steps the employer can take including:
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!