Emma: I am getting harassed at work and my manager won’t do anything!
Steward: Grieve it!
Bob: I just got disciplined but I didn’t do anything wrong!
Steward: Grieve it!
James: I am doing the work of the people above me and when I asked to get compensated for it, they said no!
Steward: Grieve it!
Any of these situations sound familiar? Heard someone tell you that you should grieve it but don’t know what that means? I am here to dispel some of the mystery behind grievances and what it really means. Let’s start with the basics.
WHAT IS A GRIEVANCE?!?!?
Great question but you didn’t have to yell at your phone screen for me to hear it. A grievance is what you file when there has been a violation of the collective agreement, legislation, employer’s past practice and your rights. Filing a grievance is a legal right for our members and your stewards are ready to assist you with submitting one. There is nothing complicated about it, all you have to do is consult with your steward and sign a form stating what has been violated and what resolution(s) you wish in to resolve the violation.
Some of the most common reasons to file a grievance include:
- Discipline or Termination
- Rejection on probation
- Harassment/Discrimination
- Failure of Duty to Accommodate
- Action Plan/Performance Improvement Plan (PIP)
- Performance Review (PA Review)
- Many more! The options are virtually limitless
Now you might be asking what is the grievance process? Well, there are levels to this (literally) but that’s a story for another time. After there is a violation and you want to grieve it, what should you do? Reach out to your steward and they will investigate the grievance. They will ask for your story, potentially talk to witnesses, take notes and determine if there are any other relevant factors. Either during the investigation process or right after it, your steward will write up the grievance for you to sign. Then the grievance gets submitted and received. Once the manager receives it, a grievance presentation is held and both sides share their sides and come to a resolution. This process can take up to 2 months from the time you reach out to your steward but are usually resolved sooner than that. Your steward is trained in the hearing and the goal is to resolve the grievance and get your much needed resolution.
To sum up the steps:
- Reach out to your steward
- An investigation is held for your grievance
- Your grievance is written out
- You sign the grievance form
- The form is submitted to your manager
- A grievance hearing is held
- Grievance is hopefully resolved
Keep in mind, there are time limits to this, 25 days to be exact from the last known violation of your rights. If you are ever unsure about your situation, always feel free to consult with your local steward and we can help!
Now you must be wondering, what happens if the grievance isn’t resolved? Are you out of luck? Is all hope doomed? No my friend! There are literally levels to this. There are 3 levels and then arbitration. So far I have described what happens at Level 1, where the grievance hearing is between yourself, the local steward and your director. When your grievance isn’t successful at level 1 and you wish to keep pursuing it, you can go to Level 2. Level 2 grievance are a slightly different ball game. Here you have trained professionals, National Union Representations, whose main duty is handling grievances. They will have a hearing with the Director General and try to resolve your grievance.
Level 2 fails? No worries there is always level 3 which is held between the National Union Representative and the Assistant Deputy Minister. It still didn’t succeed? Well, you have reached the what is called arbitration but to avoid boring you let’s sum up the levels and all the parties involved with charts (I love charts)!
Grievance Levels/Parties
| Levels | Employee Representative | Employer Representative |
| 1 | Local steward | Director |
| 2 | National Union Representative | Director General |
| 3 | National Union Representative | Assistant Deputy Minister |
I hope this helped demystify grievances and helped you out. Always remember, if you feel your rights have been violated, reach out to your local steward and they would be more than happy to help you! Grievances are complicated but Local 541 is always happy to have a more in-depth chat about grievances with our members if they have questions or concerns.