Grievances are generally defined in collective agreements as a difference between the parties related to the interpretation, application or administration of the contract.
The Ontario Labour Relations Act provides a guarantee that a grievance resolution process, including arbitration, is available to both employee and employer.
Disputes arising from collective agreements can be resolved through arbitration.
Grievances of individuals are brought forward by their union on their behalf, and are made against the employer, not against individuals.
There are four broad types of grievances:
- individual grievances (the type you are most likely to encounter at your school)
- group grievances
- policy grievances
- policy/individual grievances.
The grievance process usually includes three or four steps:
- pre-grievance discussion
- initiating the grievance
- pre-arbitration (often there are two steps seeking resolution before arbitration, usually involving the principal and/or the supervisory officer)
- arbitration (this could involve an arbitrator or an arbitration panel).
Advice
1. Check your board policy and individual collective agreements for details concerning each specific grievance process. Timelines will be set out; both parties must adhere to them.
2. Be aware that the Labour Relations Act (Section 49) provides for expedited arbitration.
Grievances may be brought forward regarding the discipline or dismissal of a union member.
3. If you believe that a grievance may be filed with reference to your school, contact the supervisory officer immediately.
4. Contact OPC for advice and support.
5. Grievances are not personal. It is not about you!
6. Keep all notes and materials related to the grievance in case you are called as a witness.