ARTICLE XXV – ADJUSTMENT OF COMPLAINTS

Section 1: Grievance Procedure

Preamble: 

It is mutually desired and intended by the parties that any dispute or complaint arising out of the interpretation of this agreement will be communicated by the employee to their supervisor in order to provide an opportunity for discussion and timely resolution, prior to the issue becoming a grievance. If an employee is not satisfied with the resolution offered by their immediate supervisor, they may then initiate a grievance.

Step One

In the event that a written grievance is submitted arising out of the operation of this Agreement, except in the cases of discharge or suspension, the employee shall continue to work as per the conditions existing prior to the time that the grievance arose, and any formal meeting to discuss the grievance shall be held in the presence of the shop steward.

Step Two

If there is not satisfactory resolution at first step, then the Union may within seven (7) days, advise the department supervisor that the employee intends to proceed with the grievance. The department supervisor and chief shop steward will then have fourteen (14) days from the date of notification to deal with, and answer the grievance. Grievances other than those of individual employees may be initiated at Step Two by either party.

Step Three

If there is no satisfactory resolution at second step, then either party may, within seven (7) days, refer the question to the Standing Committees advising the chairmen of the Standing Committees of the intention to proceed with the grievance. The Standing Committees will then have thirty (30) days to deal with, and answer the grievance.

Step Four

If there is no satisfactory resolution at third step, then the question may, within seven (7) days upon written request of either Standing Committee, be referred to the President of the Local and the General Manager will then have thirty (30) days to deal with and answer the grievance. Either party may elect to involve outside help at this step, such as a National Union representative and/or senior Management representative.

Step Five

If there is no satisfactory resolution at fourth step, then the matter may, within thirty (30) days, be referred to an Arbitrator.

The time periods may be extended by mutual agreement by management and the Local Union.

Where a grievance arising from the discharge of an employee progresses to arbitration, either party may elect, in writing, to utilize the procedure outlined in Section 5 below as an alternative to the arbitration procedure set out in Section 4.

Section 2: National Officer 

It is understood that in all discussions concerning grievances, any National Officer may accompany the Union Standing Committee in their meetings and the National Officer may call upon members of the Union Standing Committee or any other employee to accompany them in their meetings with Company Officials.

Section 3: Time Limit 

In the event a grievance has not advanced to the next step within the time limit set forth in Section 1, then the grievance shall be deemed to be abandoned and all rights of recourse to the Adjustment of Complaints under this Agreement in respect of this grievance shall be at an end.

The time limit between steps may be extended by mutual consent.

Section 4: Arbitration Procedure 

1. The Company and the Union will endeavour to agree upon the selection of the Arbitrator. In the event the Company and the Union are unable to agree upon the selection of the Arbitrator, they will apply, within the thirty (30) day period, to have the Arbitrator appointed under the provisions of the Labour Code of B.C.
2. After the Arbitrator has been chosen, they shall meet and hear evidence of both sides and render a decision within fifteen (15) days after they have concluded their hearings, said decision to be final and binding upon all parties to this Agreement.
3. The parties shall bear in equal portions the fees and expenses of the Arbitrator and rental of any premises used for the hearing.
4. The Arbitrator shall be restricted to interpreting and applying the provisions of this Agreement and shall have no authority to alter, modify, subtract from or supplement them in any way.
5. In the case of discharge or suspension which the Arbitrator has determined to have been unjust, the Arbitrator shall order the reinstatement of the employee and shall award them back pay. In the case of back pay, should there be any doubt in the opinion of the Arbitrator, the Arbitrator may order all or part back pay as they deem fit.
6. In all matters of procedure not covered by the provisions herein, including alternate procedure for the selection of the Arbitrator, the provisions of the Labour Code of B.C. (Statutes B.C. 1973, Chapter 122 and Amendments thereto) shall apply.
7. The parties agree that disputes relating to the implementation of this letter shall be reviewed by the Joint Committee, which will make every effort to resolve these disputes in accordance with the spirit and terms of this letter.