ARTICLE 4 - GRIEVANCES

4.02 - Initial Discussion**

4.03 - Step 1 – Formal Grievance**

4.04 - Step 2**

4.05 Step 3**

4.06 Union Attendees at Step 2 and 3 Grievance Meetings**

4.07 - Assessment and Appointment Grievances**

4.09 - Failure to Act

4.10 - Deviation from Grievance Procedure

4.11 - Policy Grievance**

4.12 - Group Grievance**

4.13 - Technical Objections to Grievances

4.14 - Effective Date of Settlements**

4.15 - Amending Time Limits

4.16 - Third Party at Steps 2 and 3

ARTICLE 5 - ARBITRATION

5.02 - Composition of the Boards of Arbitration**

5.03 - Regular Arbitration **

5.04 - Expedited Arbitration**

5.05 - Pre-scheduled Arbitration Dates**

5.07 - Disagreement on Decision

5.08 - Expenses of Arbitrator

5.09 - Amending Time Limits

4.01 - Grievance Procedure**

The Employer and the Union recognize that grievances may arise concerning:

1. differences between the parties respecting the interpretation, application, operation or any alleged violation of a provision of this Agreement, including a question as to whether or not a matter is subject to arbitration; or

2. dismissal, discipline or suspension of an employee bound by this Agreement.

3. an alleged violation of a statute pursuant to clause 1.08

 

4.02 - Initial Discussion**

(a) The employee shall discuss the complaint with his/her immediate supervisor no later than fourteen (14) calendar days after s/he first becomes aware of the circumstances that give rise to the complaint. The employee and the supervisor shall make every reasonable effort to resolve the complaint during this discussion.

 

(b) Failing resolution of the complaint under (a), a vessel-based employee shall next discuss the complaint with the master/captain on the watch, or where the vessel is not operational, engineering employees shall discuss the complaint with the senior engineer officer. The employee and the master/captain or senior engineer officer, as applicable, shall make every reasonable effort to resolve the complaint during this discussion.

 

(c) Failing resolution of the complaint under (a), a non vessel-based employee shall next discuss the complaint with the applicable departmental supervisor. The employee and the departmental supervisor shall make every reasonable effort to resolve the complaint during this discussion.

 

(d) The aggrieved employee shall have the right to have his/her Union shop steward present at discussions under this clause.

 

4.03 - Step 1 – Formal Grievance**

(a) If the complaint is not resolved during the initial discussion, the Union shop steward shall present a grievance in writing, on the appropriate form, to the designated excluded representative or when such representative is located at a different point assembly, to a local supervisor within fourteen (14) calendar days of the completion of the discussions under clause 4.02. The designated local supervisor shall forward the grievance to the designated excluded representative authorized to deal with the grievance at Step 1 and provide the Union shop steward with a receipt stating the date on which the grievance was received. The grievance shall set out the nature of the grievance; the circumstances from which it arose; the Article or clause, which has been violated, and the remedy required.

 

(b) The Union shop steward shall discuss the grievance with the designated excluded representative prior to the Step 1 response being issued. The Union shop steward and the designated excluded representative have the required authority to resolve grievances at this Step, and they shall make every reasonable effort to do so.

 

(c) The designated excluded representative shall reply to the grievance in writing to the Union shop steward, with copies to the local President and Union President within fourteen (14) calendar days of the discussion at this Step. The reply shall set out the facts as known to the Employer, reasons for the Employer’s position and the name of the designated excluded representative to whom the grievance is to be presented at Step 2, if the grievance is being

denied.

4.04 - Step 2**

(a) Within seven (7) calendar days of receiving the Employer’s response at Step 1, if the grievance has not been resolved, the applicable local President, or his/her designate, shall forward the grievance, in writing, to the designated excluded representative at Step 2.

 

(b) Each designated excluded representative shall hold a maximum of two (2) regular Step 2 grievance meetings each month, provided there are grievances to be discussed. The location for both regular grievance meetings shall be by mutual agreement. The Union shall advise the Employer, in writing, of the local Presidents that are to normally present their grievances at each of the regular grievance meetings. Grievances shall not normally be discussed at a regular grievance meeting unless they have been received by the excluded representative at least seven (7) calendar days prior to the meeting.

 

(c) The local Presidents and the designated representatives have the required authority to resolve grievances at this Step, and they shall make every reasonable effort to do so. 

 

(d) The designated excluded representative shall reply to the grievance in writing to the applicable local President, with a copy to the Union President, within seven (7) calendar days of the discussion at this Step. The reply shall set out the facts as known to the Employer, reasons for the Employer’s position and to whom the grievance is to be presented at Step 3, if the grievance is being denied.

 

4.05 Step 3**

(a) Within seven (7) calendar days of receiving the Employer’s response at Step 2, if the grievance has not been resolved, the President of the Union, or his/her designate, shall forward the grievance, in writing, to the designated excluded representative at Step 3.

 

(b) Each designated excluded representative shall hold a regular Step 3 grievance meeting each month with the Union President, or his/her designate, at a mutually agreeable location, provided there are grievances to be discussed. Grievances shall not normally be discussed at the regular Step 3 grievance meeting unless they have been received by the excluded representative at least (7) calendar days prior to the meeting

 

(c) The Union President, or his/her designate and the designated excluded representatives have the required authority to resolve grievances at this Step, and they shall make every reasonable effort to do so.

 

(d) The designated excluded representative shall reply to the grievance in writing to the Union President within fourteen (14) days of the discussion at this Step.

 

4.06 Union Attendees at Step 2 and 3 Grievance Meetings**

The Employer shall pay employees, who attend Step 2 and Step 3 grievance meetings, at the request of or on behalf of the Union, at their applicable straight-time rates, to a maximum total expenditure for such purposes of forty thousand dollars ($40,000) in any calendar year. When this maximum total has been reached in any calendar year, Union attendees at Step 2 and Step 3 grievance meetings shall be considered on leave of absence without pay.

 

4.07 - Assessment and Appointment Grievances**

(a) Assessment and appointment grievances shall follow the normal grievance procedure in accordance with clause 4.02 through to clause 4.05.

 

(b) Where the grievance relates to an assessment the Post Assessment Review Panel discussion shall be considered as the initial discussion pursuant to clause 4.02.

 

4.08 - Dismissal or Suspension Grievances**

Grievances arising from a disciplinary penalty of four days or more shall be presented to the designated excluded representative at Step 3 within fourteen (14) calendar days of receipt of notice of discipline.

 

4.09 - Failure to Act

If either party fails to comply with the prescribed time limits, the grievance will automatically advance to the next step.

 

4.10 - Deviation from Grievance Procedure

(a) The Employer agrees that, after a grievance has been initiated by the Union, the Employer's representatives shall not enter into discussion or negotiation with respect to the grievance, either directly or indirectly, with the aggrieved employee without the consent of the Union.

 

(b) The Union agrees that the aggrieved employee shall not attempt to pursue his/her grievance through any other channel.

 

(c) The parties agree that the grievance shall be awarded against the party who fails to comply with this clause.

 

4.11 - Policy Grievance**

Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement, the dispute shall be presented in writing to the appropriate Employer or Union representative as the case may be, within twenty-eight (28) calendar days of the occurrence, or within twenty-eight (28) calendar days of either party becoming aware of the occurrence. Where no satisfactory agreement is reached, either party may submit the dispute to arbitration, as set out in Article 5 of this Agreement. It is understood that a policy grievance cannot be used to provide a remedy for an individual or group grievance.

 

4.12 - Group Grievance**

The President of the Union or his/her designate may initiate a grievance on behalf of a group of employees at Step 3 no later than fourteen (14) calendar days after an employee first becomes aware of the circumstances giving rise to the grievance. The Union shall define the group of employees on whose behalf the grievance has been submitted.

 

4.13 - Technical Objections to Grievances

No grievance shall be defeated merely because of a technical error other than a failure to comply with the time limits in processing the grievance through the grievance procedure.

 

4.14 - Effective Date of Settlements**

Settlements reached at any step of the grievance procedure in this Article, other than clause 4.11, shall be applied retroactively to the date of the occurrence of the action or situation which gave rise to the grievance, but not prior to the effective date of the Agreement in effect at the time of the occurrence or the date set by a Board of Arbitration.

 

4.15 - Amending Time Limits

The time limits fixed in this grievance procedure may be altered by mutual consent of the parties; but the same must be in writing.

 

4.16 - Third Party at Steps 2 and 3

The Employer agrees that, should a grievance arise involving a licensed and unlicensed employee requiring Union representation for both members, a third party may be called in by the Union at Steps 2 and 3 to present said grievance.

 

ARTICLE 5 - ARBITRATION

5.01 - Notification**

Where a difference arises between the parties relating to the interpretation or administration of this Agreement, including any questions as to whether a matter is arbitrable or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in Article 4, notify the other party within twenty-eight (28) calendar days of their desire to submit the difference or allegation to arbitration.

 

5.02 - Composition of the Boards of Arbitration**

(a) Arbitrators shall normally be selected for pre-scheduled arbitrations in alphabetical rotation from the Arbitrator List.

 

(b) Arbitrators shall normally be selected for additional regular arbitrations in alphabetical rotation from the Arbitrator List, provided that an arbitrator must be available to hear the applicable matter within a mutually acceptable time frame to eligible for the appointment. Should the parties fail to agree upon a regular arbitrator under this subsection (b) within the fourteen (14) calendar days of receipt of the notice under clause 5.01, either party may apply to the Chair of the Labour Relations Board to have an arbitrator appointed.

Arbitrator List:

Ken Albertini     Joan Gordon    Bob Blasina     Judi Korbin    Barbara Bluman    Joan McEwen    Peter Cameron                    Don Munroe    Fred Cuddington    Vince Ready    Rod Germaine     Katherine Young

(c) The Arbitrator List may be modified by mutual agreement.

 

5.03 - Regular Arbitration **

(a) Unresolved grievances shall be referred to regular arbitration, except those that are referred to expedited arbitration under clause 5.04

 

(b) Arbitrators hearing regular arbitration shall determine their own procedure in accordance with the relevant legislation and shall give the parties full opportunity to present evidence and make representations.

 

(c) Arbitrators hearing regular arbitration shall provide detailed reasons for their decision, which decisions shall be provided to the parties as soon as possible following completion of the arbitration hearing.

 

5.04 - Expedited Arbitration**

(a) The parties may mutually agree to refer any grievance to expedited arbitration under this clause. This agreement shall normally be made within fourteen (14) calendar days of receipt of the notice under clause 5.01, but may be made at another time by mutual agreement of the parties.

 

(b) The parties shall endeavour to develop a statement of facts for each expedited arbitration. The use of authorities shall be restricted as much as possible and witnesses shall only be called to give evidence on relevant facts upon which the parties have been unable to agree in the statement of facts. Each party’s argument shall not exceed fifteen (15) minutes for any one expedited arbitration.

 

(c) The expedited arbitrator shall provide a very brief award setting out the particulars of the grievance and the reasons for his/her decision. The expedited arbitrator’s decisions are without prejudice or precedent and shall be issued within fourteen (14) calendar days of the hearing.

 

(d) There shall be no appeal of expedited arbitration decisions.

 

5.05 - Pre-scheduled Arbitration Dates**

(a) Each calendar year, prior to January 15 th, the parties shall meet to pre-schedule arbitration hearings. These hearings shall be held on three (3) consecutive days every three (3) months, or more often if agreed to by the parties, at a mutually agreeable location.

 

(b) Any grievance may be heard on the pre-scheduled arbitration dates irrespective of type of arbitration to be used (i.e. whether expedited or regular). Grievances shall normally be heard in chronological order on the pre-scheduled arbitration hearing dates. Either party may require that a grievance be heard out of chronological order by providing the other party at least twenty-one (21) calendar days written notice.

 

(c) At least twenty-one (21) days prior to each pre-scheduled arbitration hearing date, the parties shall develop a mutually agreeable list of grievances to be heard on those dates. In so doing, the parties shall ensure that a sufficient number of grievances are scheduled to realistically fill the three (3) days available during each pre-scheduled hearing. The parties may mutually agree to amend the list of grievances to be heard at any time prior to the commencement of the hearing. Grievances may not be heard at a pre-scheduled arbitration hearing unless they have been placed on the list of grievances to be heard in advance under this subsection.

 

5.06 - Decision of Arbitrator

The decision of the arbitrator shall be final, binding and enforceable on the parties. The arbitrator shall have the power to dispose of a discharge or discipline grievance by any arrangement which s/he deems just and equitable. However, the arbitrator shall not have the power to change this Agreement or to alter, modify or amend any of its Articles.

 

5.07 - Disagreement on Decision

Should the parties disagree as to the meaning of the arbitrator's decision, either party may apply to him/her to clarify the decision, which s/he shall make every effort to do within seven days.

 

5.08 - Expenses of Arbitrator

Each party shall pay one-half of the fees and expenses of the arbitrator and other joint costs.

 

5.09 - Amending Time Limits

The time limits fixed in the arbitration procedure may be altered by mutual consent of the parties, but the same must be in writing.