1. What is a grievance?
A grievance is a complaint about something the employer did or did not do. Typically, these involve a violation of the collective agreement. Grievances can also include violation of federal or provincial employment related laws.
Grievances can pertain to:
- Candidate selection;
- Exceeding the allotted number of work hours in your contract;
- Harassment;
- Discrimination;
- Evaluation procedures;
- Health and safety
- Employment entitlements
- Many other rights and privileges established by Canadian laws and our collective agreements.
2. Can I file my own grievance?
No. You can request that CUPE 3912 file a grievance on your behalf. A grievance is carried solely by the Union. If your concern is determined to be a violation of the collective agreement, then the CUPE 3912 may file a grievance on your behalf. If you believe an action of the University, as your Employer, violates a term of your employment under the collective agreement, please contact your Union representative (the VP or Steward of your University) as soon as possible as there are mandatory grievance timelines in the collective agreement. The failure to bring a concern to the attention of the Union in a timely way may result in a complete time bar to its ability to address a complaint or advance a grievance on your behalf.
3. What is the timeline for a grievance to be filed?
It varies. Generally, CUPE 3912 must commence the grievance process within 15 days of the date of the incident that is alleged to be a violation of the collective agreement. In order to investigate the concern, you must contact your Union representative (the VP or Steward of your University) as soon as possible to ensure adequate time to discuss the situation with you, gather evidence, and attempt an informal resolution with the University if possible. Failure to contact your Union representative in a timely fashion may result in a potential grievance being time-barred.
4. Are all employment issues subject to grievance under the collective agreement?
No. There are certain issues that are not subject to grievance. Please contact your Union representative (the VP or Steward of your University) to verify whether or not your concern is subject to grievance.
5. I am being harassed – what can CUPE 3912 do to help me?
The University, as the Employer, is responsible for ensuring a safe and harassment-free workplace pursuant to occupational health and safety and, as applicable, human rights legislation. If you are experiencing harassment, the University has a responsibility to investigate your concern of unsafe work and take steps to address any safety issues, such as harassing behaviour. Contact your Union representative (the VP or Steward of your University) for assistance in notifying the University of your concern. CUPE 3912 may file a grievance on your behalf if the University does not respond or does not respond appropriately.