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ARTICLE 6: GRIEVANCE AND ARBITRATION

This Article does not apply to disputes concerning promotion or tenure, which are covered by the appeals procedures of Articles 12 and 13.

A grievance is any dispute or complaint concerning the meaning, the application, or the alleged violation of one or more Articles of this Collective Agreement.

When a member believes that he/she has been aggrieved, he/she shall make every effort to resolve the problem informally, including, if appropriate, making use of the good offices of any member of the Union executive and/or of the University administration.

The member shall apply to the Union for consideration of his/her case. The Union shall decide whether or not to present a formal grievance. An individual member may present a formal grievance relating to himself/herself should the Union decide not to do so.

6.4

The Union has the right to be present at any stage of the procedures. The grievor has the right to have advisors present at any stage of the procedures.

6.5

Formal grievances shall be in writing and shall:

1. specify which Article of the Collective Agreement has allegedly been violated, misinterpreted, or misapplied;
2. specify the nature of the grievance and the redress sought;
3. be presented within forty (40) working days of the date of the alleged breach, or within forty (40) working days of the date on which the grievor first knew or ought reasonably to have known about the alleged breach;
4. be addressed to the grievancer;
5. be copied to Human Resources and to the Union.

6.6

Within five (5) working days of the receipt of the formal grievance, the grievancer and the grievor shall meet in an attempt to settle the grievance.

If no settlement is reached within five (5) working days, the grievor may take the grievance to the President by written notice.

6.8

Within five (5) working days of such notice, the President or his/her designate and the grievor shall meet.

6.9

Within ten (10) working days of the meeting, the President or his/her designate shall reply in writing to the grievor with a copy to the Union.

6.10

A grievance is settled by a written statement to that effect signed by the grievor and the Employer with appropriate action being initiated as specified in the written statement.

6.11

All time limits in this Article are directory and not mandatory with the exception of those specified in Clauses 6.5(c) above and 6.12 below. Time limits may be extended only by written mutual consent of the Parties.

If there is no settlement of the grievance after forty (40) working days from the start of the formal grievance procedures, then the grievor may file Notice of Arbitration with the President. Notice of Arbitration must be filed within forty-five (45) working days of the presentation of the formal grievance.

Three-member Boards of Arbitration shall be used to settle grievances which specify Articles pertaining in whole or in part to academic freedom, discrimination, and/or dismissal. The grievor shall, in the Notice of Arbitration, inform the Employer of the name and address of the grievor's appointee to the Board of Arbitration.

6.14

Within ten (10) working days of being served with the Notice of Arbitration, the Employer shall inform the grievor of the name and address of the Employer's appointee. If the Employer fails to do so, the grievor shall ask the Manitoba Labour Relations Board to make the appointment.

6.15

The two (2) appointees shall jointly appoint a third person who shall act as Chairperson. If the appointees fail to agree upon a Chairperson, or if the Chairperson agreed upon is not available within two (2) months, then either party shall ask the Manitoba Labour Relations Board to appoint a Chairperson.

Single arbitrators shall settle grievances other than those specified in Clause 6.13. The President or his/her designate and the grievor shall meet within five (5) working days of receipt of the Notice of Arbitration to appoint an arbitrator. If they are unable to agree or if the arbitrator agreed upon is not available within two (2) months, then either party shall ask the Manitoba Labour Relations Board to make the appointment.

6.17

Notwithstanding the provisions of Clause 6.16, the Employer and the grievor may agree to submit any particular grievance to a three-member Board of Arbitration.

6.18

No person may be appointed an arbitrator who has been involved in an attempt to negotiate or settle the grievance in question and/or who is precluded from participation by the provisions of the Manitoba Labour Relations Act.

6.19

The arbitrator shall hear evidence from both Parties and render a written decision which shall be final and binding on both Parties. The arbitrator shall not amend, modify, or act inconsistently with the Collective Agreement.

Each party shall bear the costs of bringing its case to arbitration.

6.21

Each party shall bear the costs of its appointee and shall share equally the costs of the Chairperson of a Board of Arbitration.

6.22

The costs of a single arbitrator shall be borne equally by the Parties.

6.23

In cases where an individual member pursues a grievance to arbitration without Union support, he/she is responsible for his/her portion of the costs.