Grievances are the legal vehicle through which unions make complaints when there is a violation of the collective agreement (your contract) or labour law. While a grievance can seem intimidating, union staff will help you every step along the way. Grievances are a standard process; you should not feel you are unduly “rocking the boat” or otherwise making trouble by filing a grievance if you believe your rights have been violated.
Grievances can be individual (affecting a single person), group (affecting several people in similar ways), policy (contesting how a policy is applied, with or without affected individuals), or union (where the union files the grievance on behalf of a group or individuals).
As of 2024, grievances follow different steps, each representing an escalation if the issue can’t be resolved at the previous step.
Informal Resolution
Raise the issue with your direct supervisor/course director. They must meet with you within 7 days of when you raised the issue and give you a written answer within five calendar days. This step is informal and you can do it on your own.
Step 1
The union files the grievance with the department Chair. They must set a meeting to discuss the issue within 10 calendar days, and give a response in writing within 10 calendar days of the grievance meeting. The grievance must be initiated within 28 days of when you became aware of the issue; note that the informal resolution step does not pause the clock.
Step 2
Within 17 calendar days of the Step 1 response, if the issue is not resolved we file with the Dean or designate of the Faculty and Faculty Relations. They must convene a meeting to discuss the grievance within 14 calendar days, and must provide a response in writing within 21 days of the meeting.
Mediation
Where there is no resolution at any of the grievance steps, we may recommend that your case go to mediation. In mediation, a neutral third party listens to both sides and tries to find a compromise that both parties can live with.
Arbitration
Where mediation fails, or where it is not exercised, your case may go to arbitration if the union executive approves it. In arbitration, a neutral third party will hear legal arguments from the union’s and the employer’s lawyers and provide a ruling. There is no appeal or compromise in arbitration.
A Note on Timelines and Alternatives
Grievances, especially where the supervisor or department are not willing to find solutions, can take a lot of time. In addition to the built-in delays, the employer often creates additional delays.
Grievances aren’t always the best option, given that they are time-consuming and individualizing. Other possibilities for collective action may exist to put pressure on the employer to change a behaviour or policy. Direct action and grievances can also be used in tandem. To discuss these alternatives, get in touch with your department steward or Lead Steward.