Article 11 - Grievance Procedure
With a view to settling as quickly as possible all grievances or disagreements concerning employees’ working conditions that may arise during the life of this collective agreement, the Union and the Employer agree to abide by the following procedure:
11.01
Employees should discuss any problem related to working conditions with their immediate supervisor.
11.02 Time limit for filing a grievance in writing
Every employee, acting alone or accompanied by one (1) or more union representatives, has sixty (60) calendar days from learning of the fact(s) giving rise to the grievance, but no more than six (6) months from when the said fact(s) occurred, to file a grievance in writing.
In the case of disciplinary measures (notice, suspension, dismissal), the employee has thirty (30) calendar days from learning of the fact(s) giving rise to it, but no more than six (6) months from when the said fact(s) occurred, to file the grievance.
In the case of a complaint for psychological harassment, the time limit is two (2) years from the last manifestation of the harassment.
The time limits of thirty (30), sixty (60) days, six (6) months and two (2) years, as the case may be, are mandatory.
Grievances are signed by the employee concerned or, failing this, by the union representative, who may then file the grievance. In the latter case, the employee is informed of the grievance.
11.03
In the following cases, however, an employee has six (6) months from the occurrence of the fact(s) giving rise to the grievance to submit it to the head of personnel:
1) years of past experience;
2) salary;
3) job titles;
4) premiums, supplements and the additional remuneration provided in Article 17 and Appendix 1;
5) callback and overtime compensation;
6) quantum of disability insurance benefits.
11.04
The date of the last fact giving rise to a grievance is used as the starting point for calculating the six (6)-month time limit.
11.05 Meeting between the parties
The professional relations committee must meet to discuss grievances before they are referred to arbitration, with a view to examining them and trying to find a satisfactory solution.
When such a meeting cannot be held by the committee, the Employer and the Union must then meet before filing for arbitration.
11.06 Employer’s response
The Employer has fifteen (15) days from the date the grievance is filed to respond. The response is sent to the Union and to the employee who signed the grievance, if applicable.
Any grievance that has not been settled to the parties’ satisfaction when these fifteen (15) days are up is handled in accordance with the provisions of Article 12.
11.07 Collective grievance
If a group of employees collectively or the Union believes that it has been wronged, the Union or the employees concerned may use the grievance and arbitration procedure collectively.
11.08
The notice of grievance must provide a summary of the facts giving rise to the grievance, without prejudice.
11.09 Exceptions
The Union and the Employer may jointly agree in writing to extend or shorten the time limits set out in this Article. All written decisions approved by the parties are final and enforceable.
11.10
An employee who leaves the Employer’s service without having received all the sums owed to them under this collective agreement may use the grievance and arbitration procedure to claim such sums.
11.11 Provincial scope
The CPNSSS (management bargaining committee for the health and social services sector) and the Alliance du personnel professionnel et technique de la santé et des services sociaux (APTS) may agree that one or more grievances filed locally are provincial in scope and may consequently proceed with a single arbitration case.
The decision resulting from such an arbitration case is binding on all the institutions concerned as well as the Union and members of the Union’s bargaining units.