What is a Grievance?

A grievance is a written complaint that the union submits to the employer. Union representatives, including shop stewards, can file a grievance if they believe an employee, a group of employees, all members, or the union has been treated unfairly. Only the union has the authority to file or withdraw a grievance.

Accuracy and timing are very important when filing a grievance. Many grievances are won or lost based on clear and detailed notes. Write down the facts as soon as possible after the incident happens. It is also important to collect signed statements from any witnesses. Under the collective agreement, the Corporation must give you time to work on your grievance. The Local recommends using this time to gather and organize all necessary information. Do not rush to complete the grievance form. Ask your shop steward for help if needed—they are trained to make sure the correct information is included. Write clearly. If your form is hard to understand, it will be difficult for a union representative to present it properly to the Corporation.

Grievance Process and Timelines

Time Limit to File
You have 25 working days from the date you became aware of the issue to file a grievance; however, this timeline includes the time needed for the Union to prepare and submit the grievance to the Employer, so it must be received by the Union office at least a week before the deadline.

After Your Grievance Is Filed
Once the Local files your grievance, you will receive a copy of the official Grievance Form by mail. This is the formal submission the Union makes to the Employer on your behalf.

In the top right corner of the form, you will find your grievance number. This number is unique to your case and can be used to check the status of your grievance.

First Level Hearing
After filing, your grievance moves to a First Level Hearing. At this stage, the Union meets with management to present the details of your case and attempt to resolve the issue.

Following the hearing, you will receive the Employer’s written reply.

If Your Grievance Is Denied
If your grievance is denied at the first level, it does not mean the process is over. It simply means the Employer has chosen not to resolve the issue at this stage. Your grievance will then be sent to the Regional level to be scheduled for arbitration.

Arbitration Process
There is currently a backlog of cases waiting for arbitration, so it may take some time (several years) before a hearing date is scheduled. Please be patient— eventually it will be placed on the arbitration list.

Before arbitration takes place, the Union and the Corporation may meet in what are called pre-arbitration (pre-arb) meetings. These meetings are intended to try to settle the grievance or narrow the issues before a formal hearing.

If the grievance is not resolved during pre-arb meetings, it will proceed to arbitration, where a final decision will be made by an arbitrator.

Evidence Needed For A Successful Grievance

90% of the grievances filed are won if the evidence is there. Not every grievance goes to arbitration, but you should always prepare your grievance as though it will be heard by an arbitrator. First, a well-prepared grievance is more likely to convince management that your case is strong. Second, you never know which cases will end up in arbitration, so you should always be prepared.

When presenting a grievance in front of an arbitrator the burden of proof rests on the Union. That means we need to provide evidence to show that your grievance actually happened and how it is a breach of the collective agreement.

Evidence determines the success of your grievance so it is important that grievances contain concrete evidence, such as records, documents, and even photographs. Even one piece of concrete evidence can make a big difference. For example, you might have some very good testimony about a notice posted on the bulletin board, but you have a stronger grievance if you have a copy of the notice to show.

When you file a grievance be sure to include any evidence you have to support your grievance with the grievance investigation form. For example, the equal opportunity list showing you should have worked, your pay stub showing you are missing hours, or a statement from someone who was in the same situation as you but was treated differently may all be used as evidence of a grievance.

Remember to cover the 5 W’s in your statement – who was involved; what occurred; when did it occur, where did it occur and why it is a breach of the agreement identifying the articles if you can.

Witness statements should be as contemporaneous as possible and be written the day of the incident or the day after at if possible.  If it is going to be a “he said she said” issue we need to get a statement right away. The have a lot more weight. A statement written 6 months later does not do us much good at arbitration. All witness statements should list the name of the person providing the statement and be dated and signed.

Lastly complex cases need to include a timeline and a summary of events that occurred.

For example:

1. June 30 – describe incident occurred while delivering on route 999.
2. July 3 – taken off route 999 by letter issued by name of supervisor.
3. July 5 – issued 24 for interview
4. July 6 – interviewed by name of supervisor
5. July 7 – Issued letter by name of supervisor removing me from my route and placing me in DRS

What becomes clear by a timeline is what is missing. Once we know what is missing your shop steward can request that information. Part of grievance investigation for a shop steward is organizing and analyzing what is there and gathering up what is missing.

For the common types of grievances below, I have listed what information is required in the statement and what evidence you need to prove that grievance.

Discipline:

• Any disciplinary letter or Letter of Summary issued to you and placed on your personal file.
• The 24-hour notice of interview.
• Copy of the emergency suspension letter if issued.
• A list and copies of any other letters that are in your personal file from the past year before the incident.
• The shop steward’s notes from interview.

Evidence to be included:

• Statements from anyone who witnessed the event or overheard the conversation.
• The investigation notes from any type of LJOSH or incident investigation which was done including copies of any diagrams made and photographs taken as part of the investigation.
• Statements from co-workers who received lesser discipline for the same offence.

FOR PHOTO-RADAR TICKETS: Include everything above but also include:

• A copy of the ticket.
• Proof the ticket was paid.

OVERTIME BYPASS:

Your statement should identify:

• How it was offered.
• Who offered the overtime or attempted to contact the workers?
• What efforts were made to contact grievor?
• Did employer call or offered on the floor?
• Does grievor have voicemail in order for corporation to leave message?
• How many attempts were made?
• The mechanics of how the bypass occurred (example: I should have been offered overtime on September 6, 2020. My number on the equal opportunity list was 23 and my seniority date is September 6, 2010. I was bypassed by name of co-worker who is also #23 but has a seniority

Evidence to be included:

• Overtime Equal Opportunity list.
• Willingness to work sign-up sheet.
• Copy of overtime call-in sheet.
• Copy of the seniority list.
• Copy of schedules for all three shifts (required for RDO).
• Daily staffing sheets or sign-in sheets.

REMOVE & REPLACE:

Your statement should identify:

• Where you did in fact work and the time period that you worked there.
• Who replaced you and worked in your scheduled assignment and the time period that they worked there.
• Which supervisor assigned you there and any reasons they may have given you for not following the schedule.

Evidence to be included:

• Copy of the schedule showing where you should have been working.
• Photograph of the board showing where you were assigned.
• Supervisor’s daily staffing.
• Statement from witness who saw you working in the other location.

ROUTE UPDATES & EDIT BOOK CHANGES NOT UPDATED:

• Your statement should include:
• The name/ number of the route you were on.
• When you bid onto it and/or how long these issues have been a problem.
• A list of what is missing.
• The calculated value of what is missing.
• Whether your route is already over-assessed and if so by how much.
• A calculation that converts the missing time values to a dollar values for how much over-assessment pay is owed for each week.

Evidence to be included:

• The staffing documents showing when and how long you were assigned to the route.
• Copies of the edit book updates that you submitted and details of when and to whom they were submitted.
• Copies of your pay stubs showing that you did not receive the appropriate over assessment pay.
• What the values would add in over-assessment or whether/ if that is an issue.

HOUSEHOLDERS:

When writing grievances about the compression of houses holders be sure to indicate whether late delivery was in the control of the corporation or not and why.

Evidence to be included:

• Copies of the SOM slips for the householder in question
• A list of routes who delivered them
• a couple of sample copies of the householder in question

If you have a concern you believe may be a grievance, put in a written request to your supervisor to see a shop steward. The names of the shop stewards should be listed on the Union bulletin boards.  All it has to say is “I am requesting to see a shop steward (shop steward name)” then sign and date it and give it to your supervisor. It is always a good idea to get a copy of your request or take a photo as they have a way of getting lost. If you have questions about what information is require to prove your grievance ask your shop steward or contact me at the Local office.

In solidarity,

Cheryllynn Saramaga-Martai
Local Grievance Officer
204-942-6323 ext.3
grievance@cupwwpg.ca