Volume 24 | Issue 2 | February 2024 | |
This brings us to Step 2
If a satisfactory settlement cannot be reached under Paragraph 3, Step 1, then the grievance shall be dealt with through the Union Grievance Committee, and submitted in writing within fourteen (14) calendar days of the Step 1 grievance response to Human Resources. Human Resources will meet with the Union Grievance Committee within fourteen (14) calendar days of receipt of the grievance at Step 2, and will render a decision in writing within twenty-one (21) calendar days, after the meeting.
Here you see a Step 2 meeting is a mandatory requirement on the parties. It has been our experience that most grievances are resolved at this step. Not necessarily at the meeting themselves, but before Step 3.
Step 3
If a satisfactory settlement has not been reached, either party to this Agreement may, within 35 calendar days, submit the matter to a Board of Arbitration by providing written notice to the other party. The Union and the Co-operative shall, within 10 calendar days of the notice, each appoint a member to the Board. The two members to the Board or designates shall, within a further 10 days, select a third member to act as Chairperson. Should the nominees be unable to agree upon a Chairperson, the Minister of Labour of the Province of Saskatchewan shall be authorized to appoint a Chairperson upon request from either party. Either party may, at any time request a Single Arbitrator with agreement from the other party. The parties shall bear in equal portions the fees and expenses of the Arbitrator or Chairperson.
In our collective agreement, Step 3 of the grievance procedure is the Arbitration stage. Other unionized workplaces can have five or more steps in their procedure before arbitration. The key points here are:
- After the Company denies the grievance at Step 2, the Union Executive has 35 days to decide to proceed to arbitration or withdraw the grievance or present a settlement offer. The 35 days also allows time for the Union to seek legal advice.
- While the default is an Arbitration Board (or Panel) made up of an Arbitrator, Company Nominee and Union Nominee, either party can request the grievance be heard by a single Arbitrator. This reduces costs and usually helps have the grievance hearing sooner because you have fewer individual schedules to balance when selecting hearing dates.
- It is at this point the parties select an Arbitrator. Currently, the number of practicing arbitrators, especially in Saskatchewan, is quite limited. This makes scheduling difficult.
The last section of this part reads:
The Board of Arbitration, having been so established, shall meet with the parties in Regina at the earliest possible date and shall:
(1) Hear evidence relating to the alleged violation or difference; and
(2) Argument thereon by the parties or by representatives of either or both of them;
(3) and shall render a decision within a reasonable timeframe on the matter or matters in dispute and such decision shall be binding upon the parties hereto.
The decision of the majority of the members of an Arbitration Board, or where there is no majority decision, the decision of the Chairperson shall be the decision of the Arbitration Board.
The Arbitration Board shall have no authority to add to, modify or alter any of the terms or provisions of this Agreement; the sole authority of the Arbitration Board is to render a decision as to the meaning and interpretation of this written contract with respect to the dispute.
This is what is commonly referred to as the "jurisdiction clause" or what gives the Arbitrator the power and authority to make rulings on grievances pertaining to the collective agreement.
Understanding and navigating the grievance process can be a steep learning curve but it's an essential tool in conflict resolution in our workplace.
In Solidarity,
Richard Exner, Chief Shop Steward
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I found the GRJ Law conference full of very insightful discussions on case law, much of which applies to our local.
After Lyle Daniels’ powerful keynote speech and our recognition of Treaty 4 Territory, a labour arbitration case review panel started the day. Samuel Schonhoffer, Heather Robertson and Katarina Kostiha reviewed several cases that were directly related to our workplace, including vaccination policy cases that ultimately ended in favour of their respectable locals. One of those locals was ours, giving a precedent of case law that will provide strong backbone arguments for any grievances in the future. This applies not only to us but also to other locals dealing with unreasonable discipline regarding vaccination policies.
Another case I found interesting was RWDSU vs Sherwood Coop involving theft. This long-term employee, in a moment of weakness, retrieved approximately $100 in “Scratch and Save” tickets. This is not an easy topic for any membership team to represent as theft is in no way acceptable in the workplace. The griever was facing termination as well as a lifetime ban from ever entering this or any other retail location again. A couple of key actions by the griever had a substantial effect on the outcome of the Board’s decision. They were immediately regretful and apologetic and wrote a letter to the CEO the very next day, expressing they were “deeply remorseful” for their actions. This combined with an impeccable and unblemished employment record of over 18 years with the company, resulted in re-instatement. Many variables ultimately played a part in the final decision, the Board considered these many factors. Everyone makes mistakes, as the Board was able to appreciate in this instance.
There were many other presentations throughout the day that I found engaging. From unfair labour practices to outsourcing employees' work, employee surveillance and even theft. Grievances may have similar attributes but each one is unique and can result in vastly different outcomes. I am glad I was able to attend and now have a greater understanding of the complexities of each unique situation I may encounter while fulfilling my duties as a Shop Steward.
Nathan Fafard, Stores Shop Steward
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The following merchandise is available for purchase. Items will be available through your Shop Steward, Executive Officer, or by emailing info@unifor594.com. Watch your email for additional limited-quantity merchandise for sale. | |
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Red Ice Shaker (with Straw)- $40 | | |
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2 In 1 Cup/ Can Cooler- $12 | |
Toques - $15 Each
Style 1- Grey with fleece lining
Style 2- Red/ Grey knit with 594 on the front and back
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Hats - $15 Each
Style 1- Trucker- Mesh back, snap back
Style 2- Baseball- Cloth back, snap back
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Congratulations
to the following 594 members on their recent retirement:
Kevin Bennett- Insulators (January 1, 2024)
Bruno Lugt- Mechanics (February 1, 2024)
Please let us know of any noteworthy milestones at info@unifor594.com
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Employee & Family Assistance Program
The Employee & Family Assistance Program (EFAP) is through Homewood Health and is available 24/7/365. Call 1-800-663-1142 or reach out to a trusted confident, friend or co-worker if you aren't feeling like yourself.
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‘ Show Us Your Sticker ’ campaign!
Don't forget to participate in this joint effort campaign to foster a workplace that promotes
awareness, breaks down stigma, and encourages open conversations about mental health. Talk to your Wellness Ambassador for information on the program and prizes for participation.
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** NEW MEMBERS **
For any new members, or if you know of new members not receiving Union Communications please talk to your Shop Steward or e-mail: info@unifor594.com
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