| Communications, Energy and Paperworkers Union of Canada |
| Welcome To: |
| On Guard For You 247 |
| Le Syndicat canadien des communications, de l’energie et du papier |
| GRIEVANCES |
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| Privacy Policy |
What is a Grievance?
A grievance is a means by which the union charges the employer with some kind of
violation. Most grievances fall under the collective agreement and often refer to the
specific article being violated. The most common justification for filing grievances are:
An alleged violation of the collective agreement
There are other kinds of violations which may also result in the filing of a grievance:
Violation of past practice in the workplace
When the collective agreement is silent or unclear on an issue, a grievance may be
filed if a situation has been repeated over an extended period of time, or there was a
verbal or written agreement by both workers and management without either side
formally objecting.
Violation of workers’ rights
This occurs when management treats workers unfairly or unjustly.
Types of Grievances:
There are 3 different kinds of grievances, and your steward usually determines the
type of grievance to file according to who is affected.
1. Individual Grievance Most grievances affect one individual member and are
therefore signed by them. Even by filing an individual grievance, your steward is
helping all members by defending the agreement and the rights of all those covered
by the agreement.
same time, so a grievance is filed for the entire group. For example, management
changes the start time for all day-shift workers.
This occurs when management is either in violation of the collective agreement or
incorrectly interprets it, which may affect all members in the future. For example,
management assigns a day worker to work on an "off-shift" without regard to
seniority. Even if the worker has no objection, the union may file a grievance to
establish and insure that seniority be respected in such cases.
A grievance is usually filed by your steward on behalf of yourself or your local. It is
important to document the incident with the following information which will enable
your steward to properly assert the violation.
Who is involved in the grievance? Document all the names and titles
What happened? What event gave rise to the grievance
When did the grievance occur? Document the day and time of violation
Where did the grievance occur? Document the exact location where grievance
occurred
Why is it a grievance? What has been violated?
What is Wanted? How can the grievance be settled?
What Happens With My Grievance?
There are 2 steps a grievance may go through before it proceeds to arbitration.
Many first step grievances are often verbal, and are the result of a ‘misunderstanding’
between the employee and his/her supervisor. Usually only the employee, his
steward, and the supervisor involved attend these grievances which in many cases
can be resolved at this step.
Once a grievance is filed, the employer must respond within 10 business days. If the
company response to the grievance is not satisfactory, the union will advise the
company in writing within 10 business days of its intention to appeal the grievance to
the second step.
STEP 1. The union takes up the grievance with the PGA involved. If there is no
settlement within 10 working days, the Union may proceed to Step 2.
STEP 2 a.) If the grievance is not resolved at Step 1, it shall be referred to the Union
and the Company within 10 working days of the decision rendered at Step 1. Failing
settlement within 10 working days, either may refer the matter to arbitration.
b) In the event the grievance is initiated by the Company or the Union, the initiating
party shall notify the other, in writing, of the nature of the dispute within 10 working
days of the circumstances. Failing settlement within 10 working days of receipt of
notice, either may refer the dispute to arbitration.
A grievance is a means by which the union charges the employer with some kind of
violation. Most grievances fall under the collective agreement and often refer to the
specific article being violated. The most common justification for filing grievances are:
An alleged violation of the collective agreement
- Where the employer has not respected the collective agreement
- Interpretation of the agreement as the employer sees fit
- Having unfairly disciplined an employee
There are other kinds of violations which may also result in the filing of a grievance:
Violation of past practice in the workplace
When the collective agreement is silent or unclear on an issue, a grievance may be
filed if a situation has been repeated over an extended period of time, or there was a
verbal or written agreement by both workers and management without either side
formally objecting.
Violation of workers’ rights
This occurs when management treats workers unfairly or unjustly.
Types of Grievances:
There are 3 different kinds of grievances, and your steward usually determines the
type of grievance to file according to who is affected.
1. Individual Grievance Most grievances affect one individual member and are
therefore signed by them. Even by filing an individual grievance, your steward is
helping all members by defending the agreement and the rights of all those covered
by the agreement.
same time, so a grievance is filed for the entire group. For example, management
changes the start time for all day-shift workers.
This occurs when management is either in violation of the collective agreement or
incorrectly interprets it, which may affect all members in the future. For example,
management assigns a day worker to work on an "off-shift" without regard to
seniority. Even if the worker has no objection, the union may file a grievance to
establish and insure that seniority be respected in such cases.
A grievance is usually filed by your steward on behalf of yourself or your local. It is
important to document the incident with the following information which will enable
your steward to properly assert the violation.
Who is involved in the grievance? Document all the names and titles
What happened? What event gave rise to the grievance
When did the grievance occur? Document the day and time of violation
Where did the grievance occur? Document the exact location where grievance
occurred
Why is it a grievance? What has been violated?
What is Wanted? How can the grievance be settled?
What Happens With My Grievance?
There are 2 steps a grievance may go through before it proceeds to arbitration.
Many first step grievances are often verbal, and are the result of a ‘misunderstanding’
between the employee and his/her supervisor. Usually only the employee, his
steward, and the supervisor involved attend these grievances which in many cases
can be resolved at this step.
Once a grievance is filed, the employer must respond within 10 business days. If the
company response to the grievance is not satisfactory, the union will advise the
company in writing within 10 business days of its intention to appeal the grievance to
the second step.
STEP 1. The union takes up the grievance with the PGA involved. If there is no
settlement within 10 working days, the Union may proceed to Step 2.
STEP 2 a.) If the grievance is not resolved at Step 1, it shall be referred to the Union
and the Company within 10 working days of the decision rendered at Step 1. Failing
settlement within 10 working days, either may refer the matter to arbitration.
b) In the event the grievance is initiated by the Company or the Union, the initiating
party shall notify the other, in writing, of the nature of the dispute within 10 working
days of the circumstances. Failing settlement within 10 working days of receipt of
notice, either may refer the dispute to arbitration.
| CEP/SCEP 247 Ontario - Quebec - Atlantic Canada |
