QUESTION
Objective of this Assignment: To demonstrate knowledge of the grievance process.
Instructions:
1. Select a unionized organization and locate one of its collective agreements. If you have difficulty finding
a collective agreement, your facilitator can assist you with this.
2. Create a scenario that the union/employee(s) view as a violation of the collective agreement and file a
grievance based on that scenario. Use the grievance form on pages 2, 3, and 4.
3. The grievance should indicate the type of grievance you are filing (individual, policy or group), the
provision(s) of the collective agreement that have been allegedly violated, specific information about
the griever if applicable (e.g. seniority) and specify the remedy that is being sought. The “employer” will
not agree with the grievance as it will be referred to arbitration, which will be reviewed in the next
assignment.
4. You will cite all your sources of information using APA formatting. Remember, personal communications
from a professional in the field count as a reference source.
5. The assignment will be marked based on the rubric on page 5 and 6.
GRIEVANCE FORM 1
STEP 1: Complete this form and submit it to the griever’s supervisor
Clauses Allegedly Violated:
Statement of Grievance:
Adjustment Requested: That my record be made whole in all respects,
Employee Name:
Received By:
(Supervisor/Representative)
Union Representative:
Date:
Supervisor’s Reply:
If the response does not satisfactorily adjust the matter, the grievance shall, within two (2) work days after the receipt of the decision of the supervisor concerned, be referred to the griever’s department manager for review.
Original Copy submitted to Human Resources
Copy of signed original submitted to Chief Steward & Griever
GRIEVANCE FORM 2
STEP 2: Complete this form and submit it to the griever’s department manager
The Supervisor’s Reply does not satisfactorily adjust the grievance.
Employee Name:
Received by:
(Department Manager/Representative)
Date:
The Department Manager or their representative shall render a decision in writing within four (4) working days
of receipt of the grievance.
Department Manager’s Reply:
If the response does not satisfactorily adjust the matter, the grievance shall within four (4) work days after the
receipt of the decision of the Department Manager concerned be referred to the Director for review.
Original Copy submitted to Human Resources
Copy of signed original submitted to Chief Steward & Griever
GRIEVANCE FORM 3
STEP 3: Complete this form and submit it to the Director for review.
The Department Manager’s Reply does not satisfactorily adjust the grievance.
Employee Name:
Received by:
(Director/Representative)
Date:
The Director or their representative shall render a decision in writing within five (5) working days of receipt of the
grievance.
Director’s Reply:
If the response does not satisfactorily adjust the matter, it shall be submitted to arbitration pursuant to the Collective
Agreement.
Original Copy submitted to Human Resources
Copy of signed original submitted to Chief Steward & Griever
ANSWER
THE GRIEVANCE PROCESS: ASSIGNMENT
Grievance form 1:
Collective agreements in a unionized organization and the employee agreements:
An agreement between the trade union Administrative and Professional Staff Association has been made to govern the rules, privilege and the employer duties towards the organization. The primary agreements had been made to collect the money and the consultation between the SIMON FRASER UNIVERSITY and UNIVERSITY ADMINISTRATIVE AND PROFESSIONAL STAFF ASSOCIATION.
Clauses Allegedly Violated
A primary agreement has been made between the employed staff and the administration that an employee can use the professional development expense account for buying some properties for own use. The employee can use the properties as per their needs. Within three years of time span the employee can have that particular property by paying the fair market price for that. Both parties made this treaty for the improvement of relationship and to promote the employment condition of the institution. The grievance arises due to some limitations of this agreement which were restricted for the employees in future. According to collective agreement of professional development reimbursement, the choice 2 suggests that an employee can have the property after his retirement or termination with proper market value. But the union disagrees now to maintain this rule. However the confusion had been created between the university’s rules and the provisions of this agreement regarding the hypothetical scenario of the institute. The union of the university says that the employee has no right to buy the property. Even the employee was ready to pay the exact market fare and was able to buy the thing as per the agreement that is within three years, the union disagrees to maintain the rule which was contracted before. However these powers are responsible to set up in framework, besides to the enhancement of implementation of the provision. In the agreement the institute agrees that the utility in the policies will not alternate without any recommendation of the employees. However the conflict is created as the union denies selling to the property the employee even if he is ready to obey the agreement rule. So the employees who choose the option to join the association become reluctant to work for the institute and grievance is formed within the environment.
Statement of Grievance:
The grievances presented by the members of the association group are:
-
The union critically make the relationship between the employees and the authority weak by disobeying the agreement that is made with the employees in respect to use the properties.
-
It is directly act upon the employee satisfaction of the university.
Adjustment Requested: It needs to adjust the relationship between the administration and the employee by maintaining the job security of those who chooses to join the association. The union needs to maintain the rules of the agreement. As the employees wants to buy the particular thing within three years of his work span, hence the union cannot deny selling it.
Employee Name: ABC
Received By: (Supervisor/Representative) XYZ
Union Representative: MNO
Date: 21.01.2019
Supervisor Reply: It is already mentioned about the atrocity process but it is not used herein to solve the dispute in the agreements between the members of the association group the administration of the university. The supervisor provides advice to solve the critical problem without creating any kind of disputes. The matter can be resolved followed by the procedure of the administration policy. He advises the employees to solve grievance issues in respect to control the situation.
Grievance form 2:
The problem is related to the employee satisfaction of the university. The union has rejected to sell the property bought by an employee using the professional development account of the university. The supervisor’s reply is not satisfactory. The union is bullying for the right on the particular property. Thereby employee rights are affected. However after accepting the agreements by the employees who choose the association are in the condition of being harassed. It is declared by the supervisor to adjust with this issue.
Statement of Grievance:
The grievances presented by the members of the association group are:
-
It is directly acted upon the members associated with the group.
-
The union critically make the relationship between the employees and the authority weak by disobeying the agreement.
Employee Name: ABC
Received by: XYZ
(Department Manager/Representative)
Date: 21.01.2019
Department Manager’s Reply:
It is not easy to resolve the Employee grievance immediately. I can assure you that an immediate action will be taken in order to control this situation. It is also important to note that the issues and the provisions are directly impact on the right of the members of the association group of the University. I assure that the issue is immediately solved within six months and a copy will also attach to the director of HR departments. It has been seen that the union is doing an offence regarding the employee rights. The situation of both the employees and the union will be discussed shortly. After that a written document will be submitted to govern the entire issue created between the union and the employees.
Grievance form 3:
According to the agreement it is said that the employees are able to buy the property within three years even if he is retired or terminated he can buy it by paying the exact market fair. Initially no notice was provided from the part of the union and they were agreed. But at present they have denied to sell the property to the employee. As per report of the year 2015 the labour organization of Canada, the workers pays dues to the union is approximately 4.83 million to satisfy them. It is reported that the workers had paid their dues of total 31.8% in the year 2015. The number of unionized workers had increased from 2014.
Statement of Grievance:
The grievances presented by the members of the association group are:
-
Relationship between the members of union with the administration is affected with the violation of the agreement.
-
It is directly act upon the employee satisfaction of the university.
Employee Name: ABC
Received by: LKJ
(Director/Representative)
Date: 21.01.2019
Director’s Reply:
I will try my best to solve this matter soon. I am taking the time of 5 working days of receipt of the grievance. The disagreement between the union and the employee is not easily solvable. It is important to determine that the job security of the employees will not be affected. In order to maintain the rules of the agreements proper steps are taken against the union. I consider again the fundamental rights of the employees more accurately and in case of presence of any kind of if grievance arises further, that will be reported to the President.
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