What is a Grievance?

excerpted from the Steward's Handbook

The grievance is one of the most effective tools available to workers to protect their  rights. For a specific definition of what a grievance is, you will have to consult your collective agreement. Basically, a grievance is a complaint, in writing, against actions or lack of action, of an employer in matters relating to our terms and conditions of employment. The right to grieve is a legal right outlined in the specific labour law under which you are covered.

Grievances arise when workers’ rights are violated. The initial handling of grievances is a Local concern and is one of the most important functions of the Steward. It is your job, as a Steward, to make the decision as to which rights have been violated and to determine whether a grievance exists. Grievances are also very important at the bargaining table to prove the need for changes and/or additions to the collective agreement.

Grievances grow out of the problems, dissatisfaction, complaints and hopes of the membership.  By their very nature they involve the worker in day-to-day unionism.  While no one likes grievances because they deal with contentious issues and situations, they are an opportunity to involve people in the union and to show in a real, visual manner the strength of the union.

Since the grievance occurs on the job, the Steward should be the first person to take action on it. You are the union representative at the worksite and your attitude towards grievances influences those of your co-workers. The collective agreement exists to protect the workers, but it can only do so if it is enforced. As a Steward, your vigilance in maintaining employees’ rights under the collective agreement will encourage your sisters and brothers to stand up and protect their own rights.

Types of Grievances

• An individual grievance is filed where an individual matter is involved ---especially if individual financial redress is sought, for example overtime or suspension.
• A group grievance is filed in instances where a group of employees have been affected in the same way by a decision of management and seek the same redress. In this instance, all of the group’s names are attached to the grievance. One example is cancellation of vacation leave. Check your collective agreement and /or labour legislation to see if you are able to file group grievances. Under the Public Service Staff Relations Act (PSSRA),  individual and  group grievances can be filed.
• Collective Agreements for units under the Canada Labour Code and most Provincial Labour Codes specify that policy and union grievances can be filed. These involve matters of general application of the collective agreement or matters directly affecting the union as a whole. Policy and union grievances should be clearly identified as such and belong to the union  (not the individual member) and are signed by a member of the local executive. One example is an interpretation of  union leave.

The collective agreement is the first place you should look to see if the problem is a violation of the contract. If it is clearly a violation, it will be easy to prove. If it involves an interpretation of the collective agreement, it will not be as easy.

The Grievance Procedure

Every collective agreement contains a section on the grievance procedure.

Read it, study it. Grievances can be lost by not following the correct procedure and by not observing time limitations. Timeliness is of the essence. Too many grievances are lost because time limits are not kept.

The Grievance Procedure will include clauses which clearly outline the number of steps to be taken, who the management representative is at each level of the procedure and the time limits for filing a grievance and transmitting to higher levels. These steps must be followed. In some cases e.g. sexual harassment, your collective agreement may allow the grievor to skip step(s) of the grievance procedure.

A typical grievance procedure has two to four steps depending upon the organizational structure. This does not include the complaint stage (if applicable) nor the last stage of  adjudication/arbitration when the issue has not been resolved at any level of the grievance procedure.

Underlying this procedure is the belief that those closest to the dispute should first try to reach a settlement. If they are unsuccessful, then representatives with more authority from both sides are brought in as the grievance progresses through the steps ending in Adjudication/Arbitration.

There are advantages to settling the grievance at the lowest step possible.  As the Steward, settling a grievance at the first stage will add to your reputation and reaffirm the  authority of the union with your members and local management. Settling a grievance at an early stage will leave more time for local officers, activists and staff to work on other issues.

It is acknowledged that the higher up you go in the grievance procedure, the more difficult  it becomes to settle the grievance because each side will have more to lose.

Adjudication/Arbitration

Adjudication/Arbitration is the final stage of the grievance procedure (where a grievance is adjudicable) and is a hearing before an impartial third party, usually a single adjudicator/arbitrator appointed by virtue of the applicable labour legislation (e.g. Canada Labour Code) unless the collective agreement provides otherwise.  The Adjudicator/Arbitrator hears the case and writes the decision which is binding on all parties.

The Adjudicator/Arbitrator has authority to interpret the agreement only as written.  They are not allowed to amend, alter, add to or take away any provisions contained within the agreement.