The purpose of this article is to provide a mechanism to resolve interpretation and application issues of this agreement between the Association (including individual members) and the University. This will provide members with a timely and constructive process for bringing forward issues or concerns.
Provisions of this agreement apply to Seasonal Employees during their work periods only. Any disputes or grievances arising from the period of employment may be dealt with during the layoff period.
The time periods specified in this article, as they apply to each case, may be subject to extension by mutual agreement if circumstances warrant.
17.1 Informal Process
The parties agree that disputes can frequently be resolved by informal, timely discussion and constructive communication between the parties or between a staff member and his/her immediate supervisor(s) in the workplace. Human Resources and the Association may be engaged to identify alternative resolutions.
If the discussion process cannot resolve the issue, the parties can meet with representatives of the Association and the University. The AECC may act to resolve issues before proceeding to grievance or arbitration.
17.2 Grievance Definition
Should a difference arise between the University and the Association concerning the interpretation, application, or alleged violation of any of the terms of this Agreement that cannot be resolved as outlined above, the Association may choose to file a grievance.
The Association is entitled to initiate a grievance in its own right or on behalf of a member.
17.3 Grievance Timing and Procedure
A grievance proceeding is initiated by a statement in writing to the Associate Vice-President, Human Resources (only), which sets out the substance of the grievance and indicates the provisions of the Agreement that are alleged to have been improperly interpreted, wrongly applied, or violated.
A statement of grievance must be filed within thirty (30) calendar days of when the grievor or Association knew or reasonably ought to have known of the alleged infraction.
17.3.1 Stage One
Written grievances shall be heard by the dean/administrative unit head or designate within thirty (30) calendar days of receiving the grievance. The dean/administrative unit head or designate will render a written decision within thirty (30) days of the date of the hearing.
The Association reserves the right to identify a conflict of interest on the part of the dean/ administrative head and request an alternate appointment to hear the grievance.
Administrative Grievance: Grievances involving interpretation or administration of this agreement, not involving a specific individual and grievances by a group of employees shall be taken directly to Stage Two of the following procedure.
17.3.2 Stage Two
The Association may, within fifteen (15) calendar days of the written decision at Stage One, refer the grievance to the Associate Vice-President, Human Resources or designate.
The grievance shall be heard at Stage Two within fifteen (15) calendar days. A written decision shall be rendered within fifteen (15) calendar days of the Stage Two hearing.
Either party may within fifteen (15) calendar days of receiving the grievance decision (Stage One or Stage Two) give written notice of their intention to proceed to binding arbitration.
In the event that either party to this agreement decides that a grievance should proceed to the arbitration stage, the appointment of an arbitrator will be made by rotation in accordance with the following list:
- Dirk Silversides
- Sheila Denysiuk, Q.C.
- William Hood, Q.C.
If the appointed arbitrator is unable to begin hearing the grievance within a reasonable period or he/she declares a conflict of interest, the next arbitrator on the list shall be appointed.
If either the Association or the University declare a conflict of interest, the next arbitrator on the list shall be appointed or the Saskatchewan Minister of Labour Relations and Workplace Safety will be asked to appoint an arbitrator, at the choice of the non-expressing party.
By mutual agreement, the parties may utilize an expedited process.
17.4.1 Powers of the Arbitrator
The arbitrator shall have the power to settle the grievance involving dismissal or disciplinary action by arrangement that he/she deems just and equitable.
The arbitrator shall not have the power to alter the terms of this Agreement, nor to substitute provisions for existing provisions, nor to give any decision inconsistent with the terms of this Agreement.
17.4.2 Arbitration Fees and Expenses
The fees and expenses of the arbitration shall be shared equally between the parties. Each party shall be responsible for its costs, fees and expenses of the arbitration, except salary of University employees.