Law and Order
From an employer’s perspective, this article is the most fundamental and critical part of the collective agreement outlining the rights of management to manage its operations and direct its workforce except to the extent that those rights have been restricted by the collective agreement.
What is Management Rights
Legislation outlining the duty of the union, acting as the exclusive bargaining agent, must represent all members fairly, in good faith, and without discrimination, particularly regarding the rights under the collective agreement. Union’s found in violation of these rights by the legislative board or authority could be issued a declaration of violation, extended timelines for a grievance, or award of compensation (may vary by jurisdiction)
What is Duty of Fair Representation (of DFR)
A difference or complaint related to the interpretation, application, administration or alleged violation of the collective agreement”
What is a Grievance
A formal dispute resolution process to handle unresolved grievances, producing a decision a decision given by an independent, neutral individual or panel which resolves the grievance and must be followed by both parties (binding)
What is an Arbitration (or Grievance Arbitration)
Where a collective agreement is silent or ambiguous, a consistent practice, which is clear, unequivocal, and has been accepted by both parties over a significant period of time, may be used to interpret the agreement, or establish a term not expressly written into it. This principle cannot override clear language
What is a Past Practice
This person often supports and investigates the grievance on behalf of the employee. They will draft and represent the employee through the grievance process, and is the first point of contact for the company with the union and the grievor. Leaders should not be engaging employees directly on their grievance.
What is a Union Steward
This is a grievance filed on behalf of an employee regarding individual rights under the Collective Agreement. This could include matter involving discipline or discharge, pay, overtime, job assignment, shift assignment, harassment or discrimination.
What is a Individual Grievance
One Arbitrator to hear and decide on a grievance, normally appointed either through mutual consent by the parties or by a third party (Labour Board or Minister with statutory authority).
Who is an Individual Arbitrator
A doctrine that preclude a party from asserting a right or relying on a strict interpretation of the collective agreement if, by its words or conduct, it has led the other party to believe it would not insist on such strict compliance and the other party has relied on that to its detriment.
What is the Doctrine of Estopple
This person is the facilitator of the grievance once a formal grievance has been submitted on behalf of the grievor. Is responsible for high quality case management of the grievance up until settlement or advancement to arbitration and authority for settlement and outcome of grievances are being respected.
This is a grievance on behalf of 2 or more employees who have experienced same or similar issues regarding individual rights under the Collective Agreement.
What is a Group Grievance
A group of three Arbitrators assigned to an Arbitration. Normally, one Arbitrator is appointed by the company & one Arbitrator is appointed by the union. The third Arbitrator is the chairperson who is seen as neutral and appointed through either mutual consent by the parties or by a third party (Labour Board or Minister with statutory authority).
What is a Panel Arbitration
A defense that may bar a grievance or arbitration claiming undue delay by the grieving party (union), where the delay was unjustified and unreasonable and caused prejudice to the opposing party (company) including lost evidence, unavailable witnesses or increased exposure to liability.
What is the Doctrine of Lache
This person supports the HRBP in executing high quality case management of a grievance. Will be the gate check of escalation to the LR/ER Specialist Advisor when necessary. Will ensure the LR/ER Specialist Advisor is given advanced engagement for policy or high-risk grievances.
Who is the HRBP Leader
This is a grievance typical filled by the union that challenges an interpretation or application of the Collective Agreement in relation to policy, practice or decision of the Company.
What is a Policy Grievance
This person is responsible to ensure the company is compliant with the terms of the Collective Agreement. Acts in good faith and in the interest of building positive relationship with employees and the union while maintaining management rights. Responds and facilitates settlement to grievances respecting the guidance of the HRBP.
Who is the Business Leader
A term to reference the collective agreement as a limited and negotiated document that displaces only those management rights that have been clearly bargained away and not a formalization of all rights and obligation in the employment relationship.
What is a Restrcitve Document
The responsibilities of one party to prove the facts necessary to support their position. This will dictate which party is to present first in Arbitration. In grievance & arbitration, this normally lies with the grievor (union). The exception is for when discipline and/or termination is being grieved, and the company carries this responsibility (on the balance of probabilities).
What is Burden of Proof