A grievance is a violation of agreement or difference of interpretation.

There are two types of grievances:

1. Individual 

   The most common types of individual grievances involve discipline, termination of employment, improper layoff, or denial of a benefit. It is an individual grievance as only one person is affected, and so the grievance is filed in the name of the individual. Individual grievances must be filed within ten days after the nurse becomes aware of the breach of agreement. The breach may indeed be an application of general policy and a policy grievance should be filed as well.
    

2. Policy

   Policy grievances arise where a policy or practice is applied to all members of the bargaining unit. Therefore, it is a complaint by the Union that an action of the employer is in violation of the Collective Agreement that could affect all who are covered by that agreement.

Recent examples of policy grievances have been pro-rating education premiums for part timers, failure to permit chain dumping, treating those on lay off and doing additional/relief shifts as though they were casuals.

If you have a Grievance with your Employer, please contact a Local Executive member or your Labour Relations Representative.

The following principles have been set by the Supreme Court of Canada in Canadian Merchant Service Guild vs. Gagnon (1984) 1 S.C.R.509 and should be adhered to in decision-making by members of the Grievance Committee.

1. The exclusive power conferred on a union to act as spokesperson for the employees in a bargaining unit entails corresponding obligation on the union to fairly represent all employees comprised in the unit.

2. When, as is true here and is generally the case, the right to take a grievance to arbitration is reserved to the union, the employee does not have an absolute right to arbitration and the union enjoys considerable discretion.

3. The discretion must be exercised in good faith, objectively and honestly, after a thorough study of the grievance and the case taking into account the significance of the grievance and its consequences for the employee on the one hand and the legitimate interest of the union on the other.

4. The union's decision must not be arbitrary, capricious, discriminatory or wrongful.

5. The representation by the union must be fair, genuine and not merely apparent, undertaken with integrity and competence, without serious or major negligence, and without hostility towards the employee.

When a grievance is denied at the final stage of the grievance process, and the Grievance Committee decides to refer the grievance to arbitration, the Labour Relations Representative responsible will advise whether or not the case should be heard by an arbitrator. The process of selecting an arbitrator can be lengthy, as it is important to find a person best suited to the case. Once an arbitrator is selected, it may be some time before the date is set. The lawyer presenting the case will depend on the Grievance Committee to provide the necessary information to fully present the case.