Grievances

If you think your employer has breached the collective agreement you can talk to the union about a grievance. Usually you would talk to the shop steward, 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

A formal 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...

• agree with the union’s grievance and the proposed response
• agree with the union 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 an employer accepts a grievance there are a number of steps the employer can take including:

• Providing training and education about 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 in the office 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.