Grievances

An employee can report a breach of the collective agreement to the shop steward or other union representative. The representative will look at whether the collective agreement has been breached as well as ways to resolve the issue. If the matter is not resolved, the represenative can involve the union. The union may try to resolve the matter informally by talking to a supervisor, manager, or the employer. If the matter is not resolved at this stage – and they have determined that it is a breach of the collective agreement – they may decide to file a formal grievance.

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 parties and any witnesses. If the matter is grieved, the alleged harasser is entitled to know the particulars of the complaint.

The union will put their case forward and hear management’s position. The employer may then formally respond to the grievance. The employer may...

• agree with the union’s grievance and the proposed response
• agree with the union’s grievance but determine their own response to the complaint
• reject the grievance
• simply not respond to the grievance

If the employer’s response is not acceptable to the union, they may choose to take the grievance to Arbitration. If the employer accepts a grievance there are a number of steps the employer can take including:

• Providing training and education about sexual harassment to the workplace as a whole.
• Requiring the harasser to apologize.
• Requiring the harasser to commit to stopping the behaviour.
• Moving the harasser to a different workplace or area or otherwise ensuring that the employee does not need to interact with the harasser.
• Disciplining or terminating the harasser.
• Providing monetary compensation to the employee that has been harassed.