The good the bad and the ugly
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
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 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 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 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
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
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
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
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
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)