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HSAS & Canadian Blood Services: March 1, 2017 to March 31, 2022

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ARTICLE 36 – GRIEVANCE PROCEDURE

36.01      A grievance is defined as any difference arising out of the interpretation, application, administration, or alleged violation of this Collective Agreement, including any question as to whether a matter is arbitrable.

The parties will endeavor to facilitate a quick handling of all matters involved in grievance and arbitration processes.

36.02      Complaint

It is the mutual desire of the parties hereto that complaints of Employees be adjusted as quickly as possible, and it is understood that an Employee has no grievance until they have first given their immediate supervisor the opportunity of adjusting their complaint. Such complaint shall be discussed with the immediate supervisor within ten (10) working days of the circumstances giving rise to it having occurred.

36.03     (a)     Step 1:

Failing settlement of the matter within fourteen (14) calendar days of the matter being brought forward as a complaint; the Employee may file a written grievance to their immediate Supervisor through their Union representative. Such grievance shall be submitted within fourteen (14) calendar days of the date of the Supervisor’s response to the complaint. The Supervisor shall have fourteen (14) calendar days after the grievance is made to respond in writing.

(b)      Step 2:

Failing settlement of the matter at Step 1, the Union may refer the matter, in writing, to the individual to whom the employee’s out of scope immediate supervisor reports or their designate within ten (10) working days of receiving the Supervisor’s response. Either party may request a meeting to discuss the grievance. The individual to whom the Employee’s out of scope immediate supervisor reports or their designate shall, within ten (10) working days after the matter has been submitted to them, respond in writing unless a meeting has been held in which case the response shall be within ten (10) working days following the meeting.

(c) Failing settlement of the matter at Step 2, the Union may refer the matter to arbitration within fifteen (15) working days of receipt of the individual to whom the Employee’s out of scope supervisor reports or designates response.

36.04     (a)     A complaint by the Employer against the Union may be treated as a grievance in the same way and to the same extent as a grievance by an Employee or the Union. In the case of an Employer grievance against the Union the matter shall be submitted as a grievance at Step 2 to the Union Representative in writing, within (14) working days of the occurrence or knowledge thereof.

(b)     Failing settlement of the matter within ten (10) working days the matter may, within a further fifteen (15) working days, be submitted to arbitration in accordance with Article 37.

36.05     Failure by the party responding to a complaint or grievance to follow the procedure or meet the time limits shall permit the party pursuing the complaint or grievance to move it to the next Step but shall not cause the grievance to be lost.

36.06     Where a grievance/complaint is not escalated by the griever within the time limitations provided for in Article 36.03 and 36.04, the grievance shall be deemed abandoned and/or resolved.

OR

Should the Association fail to comply with any time limit set out in the grievance procedures in this Article, the grievance will be considered conceded and shall be abandoned unless the Parties have mutually agreed, in writing or by email, to extend the time limit.

36.07     Should the Employer fail to respond within the time limit set out in the grievance procedures in this Article, the grievance shall automatically move to the next step or be advanced to Arbitration on the day following the expiry of the particular time limits unless the Parties have mutually agreed, in writing, to extend the time limit.

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