Resolving Workplace Disputes (Collective Bargaining)
Disputes are part of life, and that means they are part of the normal ebb and flow of any workplace. Key to the underlying philosophy of our labour laws is the notion that when disputes arise, it is important that there be an orderly, accessible, well- reasoned mechanism for resolving them. Why? Consider the alternative. Unresolved disputes, especially those that entail the perception an injustice has occurred, should never be left to simmer, much less to boil over. A poisoned work environment does not serve the interests of employees or management.
A workplace dispute sometimes results in a formal grievance. A grievance can be filed when an employee believes the employer has not complied with the requirements of the collective agreement. It is a difference respecting the interpretation, application, administration, or alleged violation of any term or provision of a collective agreement.
By law, all Ontario collective agreements must contain a procedure for the final and binding resolution of disputes in matters that fall within the scope of the collective agreement.
FILING A GRIEVANCE
Grievances may be filed when members believe their collective agreement rights have been violated. This can involve any aspect of the collective agreement; for example, how a school board handles a maternity leave, harassment issues, or some aspect of working conditions. However, the matter is somewhat broader because an employee’s collective agreement rights may be intertwined with other legal rights and may involve other employment-related statutes such as the Employment Standards Act, the Human Rights Code, and the Education Act.
Initially the member should speak about the matter with the local president. In many local collective agreements, the initial step simply involves a discussion with the principal. Lots of grievances are the result of simple miscommunication, and these are often resolved at the informal discussion stage before any grievance letters are written. While the specific grievance procedure will vary somewhat from collective agreement to collective agreement, there is an overall structure that is common to all. First, there is always a mechanism for individual grievances (e.g., discipline or termination of a member, denial of a leave, missed preparation time). There is always a procedure for the union to carry forward policy grievances (e.g., a newly implemented board payroll procedure results in paycheque chaos).
Second, the grievance procedure outlines the steps at which the grievance may be discussed. Each step of the process typically involves filing an official document and holding a meeting. As noted above, in an individual grievance, the initial discussion and/or letter might involve the school principal. Failing resolution at that stage, the grievance would go to the superintendent. Should there still be no solution, the matter would go to the board director. If the union and the director cannot resolve the issue, the grievance can be referred to an arbitrator – a neutral third party who holds a hearing and issues a written ruling. The union’s decision to refer a particular grievance to arbitration will be made in consultation with legal counsel based on the circumstances of the case.
All grievance procedures have timelines, though these too vary from agreement to agreement. Thus, for an individual grievance the agreement might state that the violation must be discussed with the principal within 10 days of the time that the alleged collective agreement violation occurred, that the principal must issue a written response within 10 days after that discussion, and that within 10 days after that, a letter may be given to the superintendent, who then has 10 days to investigate the complaint and respond.
The intent of the timelines is to keep the matter moving along. However, sometimes the facts in the case are especially complicated or extensive data must be gathered. Agreements will typically stipulate that the board and the union can agree to extend the timelines for a particular step in the process. Please note, however, that while the time lines internal to the grievance procedure may be efficient, the same cannot be said once the matter is referred to arbitration. The best arbitrators are booked so far ahead that the process can be painfully slow.
Finally, there are numerous opportunities built into the process for the parties to reach a resolu- tion. The discussions at every stage in this highly choreographed process are there for a reason. The more an issue is examined – the more the facts, circumstances, and context come to light – the easier it is to see where the real problem lies. Only a small fraction of the grievances that are initiated at the school level are ever referred to an arbitrator. Of these, a great many are settled before the arbitration hearing commences.
WHAT YOU NEED TO KNOW
As an ETFO member, what are the most important things you need to know about the grievance process?
It is a practical, effective mechanism that exists to help solve the problems in your working life.
There is safety in numbers. An ETFO member is backed by 73,000 other union members. Your local and provincial office are there to assist you – whether that means advocating for you with your principal or superintendent, or providing support and legal counsel at arbitration.
To learn more about the particular process in your own local, and your right to union representation during the process, read through the grievance/arbitration procedure in your collective agreement, and talk to your steward or local president.
If you think you have a grievance, that your collective agreement rights either have been or are about to be violated, phone your local president right away.
Grievances are not a sign that labour relations within a district school board have “failed.” On the contrary, they indicate that labour relations are working. They are a sign that the parties are resolving their differences in an orderly, above-board, legal, and time-tested way.
