Question 13
You asked: What are first, second, and third stage grievances after an employee is terminated? And how long does each stage take?
Let’s get into it.
Thank you for your question. I have taken the liberty of pasting the entire grievance procedure from the Collective Bargaining Agreement (CBA).
It is quite self-explanatory and I have highlighted the timelines for each stage, including response times.
It should be noted that “Where a dismissal is grieved, the grievance shall begin at second stage.”
It should also be noted that once the parties have determined to proceed to arbitration and have agreed upon an arbitrator it may be quite some time before they can secure hearing dates. It is not uncommon to schedule an arbitration with hearing dates 8 months to a year after agreeing on the arbitrator.
I have included the entire grievance procedure for the benefit of any reader who has an interest in the total article.
3.00
SETTLEMENT OF GRIEVANCES
3.01 Definitions
"Grievance" means any difference between the persons bound by the Agreement concerning its interpretation, application, operation or any alleged violation thereof, including whether any such matter is arbitrable. For the purposes of this Article, "Officer of the Union" shall include any elected Officer of the Local Union or Job Steward recognized by the Local Union.
3.02 No Interference or Stoppage of Work
All grievances or disputes shall be settled finally and conclusively by the grievance procedure described in this Article without interference with or stoppage of work.
3.03 Grievance Procedure
Either Party may initiate a grievance. If a grievance is not settled at any one stage of the grievance procedure, then the grievor shall have the alternative either to abandon it or proceed with it to the next successive stage within the time limits set out in each stage. By mutual agreement between the Employer and the Union, the processing of any grievance may begin at the second stage.Where a dismissal is grieved, the grievance shall begin at second stage.
The successive stages of the grievance procedure are:
3.03.1 First Stage
The employee, and a Union Officer, may within fifteen (15) days of the action on the part of the Employer which led to the dispute, or complaint, grieve the matter orally to the employee's immediate supervisor.The grievance must be answered within five (5) days of receipt of the grievance.
3.03.2 Second Stage
If the two Parties are unable to agree at first stage, then within ten (10) days of receipt of an answer to the first stage grievance, the Union must take up the grievance in writingwith the appropriate management representatives as designated by the Employer. A meeting shall be convened within seven (7) days of the filing of the grievance in writing at second stage, at which the grievor shall be present in disciplinary related matters unless both Parties agree otherwise. When the grievor or job steward(s) attend during their regular working hours, they shall suffer no loss of pay. If the grievor or job steward(s) attend on their own time, they shall be paid at straight-time rates for the time of the second stage meeting. The minimum pay of one (1) hour shall apply.
3.03.3 Policy Grievance
Any Policy grievances which arise directly between the Union and the Employer may be submitted in writing by either Party to the other. A Policy grievance initiated by the Union may only be submitted by a full-time officer or designate. Within seven (7) days following such notice, there shall be a meeting between such Management Representatives as the Employer may designate for this purpose and Representatives designated by the Union. Any answers required as a result of this meeting shall be given by the Party concerned within ten (10) days of this meeting.
3.03.4 Final Stage – Arbitration
Failing a settlement at second stage or at the meeting convened to deal with a Policy grievance, then within twenty (20) days of the receipt of an answer at second stage either Party may notify the other in writing of its intention to take the grievance to arbitration. In general, it is intended that grievances which are not resolved at the second stage shall be submitted to a single arbitrator, however, either Party may elect to submit a grievance to an Arbitration Board of three members, in which case the other party shall comply. Single Arbitrator In the event that a grievance is to be adjudicated by a single arbitrator, the Parties to the Agreement shall attempt to agree on naming the Arbitrator as soon as the grieving Party has submitted notice, in writing, of its decision to proceed to arbitration. Should the Parties fail to reach agreement within seven (7) days of the date of such notice, the necessary appointment shall be made by the Minister of Labour upon request of either Party. The Arbitrators shall proceed as soon as practical to examine the grievance and render judgement, and their decision shall be final and binding upon the Parties and upon any employee affected by it. Arbitration Board If a grievance is to be adjudicated by an Arbitration Board of three members, the grieving Party shall notify the other Party in writing of its desire to submit the grievance to arbitration and the notice shall contain the name of the grieving Party's appointee to the Arbitration Board. The recipient of the notice shall within five (5) days advise the other Party of the names of its appointee to the Arbitration Board. The two appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chair. If the two appointees fail to agree upon the Chair within the time limit, the appointment shall be made by the Minister of Labour upon the request of either Party. The Arbitration Board shall proceed as soon as practical to examine the grievance and render its judgement, and its decision shall be final and binding on the Parties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board but, if there is no majority, the decision of the Chair shall govern.
Each Party shall pay the fees and expenses of its appointee to a Board and one-half the fees and expenses of the Chair, or single arbitrator. Expenses will include any disbursements incurred by the arbitrators during their proceedings.
3.03.5 Expedited Arbitration
The parties may, if they mutually agree, submit a dispute to the Expedited Arbitration Process. That process is as follows:
1. Location of hearings will be agreed to by the parties.
2. The grievance shall be presented by a designated representative of the Union and a designated representative of the Company.
3. All presentations are to be short and concise with:
a. Comprehensive opening statement dealing with the facts and provisions of the collective agreement upon which reliance is placed.
b. Limited use of precedential authorities
c. Parties endeavouring to conclude cases within one working day.
4. Decisions will be:
a. Rendered verbally to parties within three (3) working days of hearing.
b. Confirmed in writing within two (2) calendar weeks of hearing.
c. The written decision shall set forth a brief explanation of the facts and the terms of the Agreement and/or law, relied upon for the decision.
d. Without precedent or prejudice to future proceedings unless otherwise agreed by the parties.
e. Binding on both parties.
f. Consistent with the terms of the Agreement.
5. Fees and expenses of the Arbitrators shall be shared equally by the parties. It is understood that changes to this procedure may be made at any time by agreement between the parties. Additionally, the hearings will be governed by the following guidelines, which can be amended by agreement between the parties at any time.
1. A brief of pertinent documents will be jointly presented to the Chairperson
2. A statement of agreed to facts will be jointly presented to the Chairperson.
3. Responses to opening statements will cover any facts, which are in dispute and any additional facts available.
4. The hearing will be conducted in an informal manner with limited objections by the parties and without concern for procedural irregularities.
5. Hearsay evidence and extrinsic evidence will be allowed to be entered without objection from the opposing party and given the appropriate weight by the Chairperson.
6. Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations and their testimony will be guided to the issues of fact.
7. Arguments will be presented only to points in issue. 8. Mediation of the issue by the Chairperson will be permitted if the parties both agree, but the parties must have authority to settle the issue at the table. 3.04 Grievance Mediation Notwithstanding the foregoing, where a difference arises between the Parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, and where the Parties agree in writing to proceed to grievance mediation pursuant to this clause, Mr. Brian Foley or Mr. Mark Brown, or a substitute agreed to by the Parties, shall
(a) investigate the difference;
(b) define the issue in the difference; and
(c) make written recommendations to resolve the difference within five (5) days of the date of receipt of the request; and, for those five (5) days from that date, time does not run in respect of the grievance procedure. The Parties agree to pay the Mediator one-half each for reasonable remuneration, travelling and out of pocket expenses. 3.05 Time Limits It is intended that grievances shall be processed as quickly as possible. If the grieving Party does not appeal the grievance to the next successive stage within the specified appeal time limit, the grievance may be deemed to be abandoned and may not thereafter be reinstituted. If the responding Party does not answer the grievance within the specified answer time limit for each stage, then the grievance may automatically proceed to the next higher stage. Notwithstanding the above, the appeal and answer time limits as specified may be extended by mutual agreement. "Days" means working days and excludes Saturdays, Sundays, and Statutory Holidays.
Thank you for your question.