Grievance Handling

One of CUASA’s primary roles is enforcement of the provisions of the Collective Agreement. Any member of CUASA may (and should) seek advice from the Association on potential violations of the Collective Agreement. More information on who to seek advice from can be found on the member advising page.

More often than not issues that arise are handled informally through discussions between CUASA and the employer. When we are unable to resolve an issue informally, CUASA has the ability to file a grievance.

A new grievance procedure is in effect as of February 7, 2019.

The process has three stages:

• Complaint Stage: Informal resolution
• Grievance Stage: Submission of formal written grievance
• Binding Arbitration

What you need to know for employee (individual) complaints and grievances:

• Complaints: Article 29.5(a) outlines the informal complaint resolution procedure. Employees must bring forward issues within 25 working days of becoming aware of any act or omission related to their workplace rights. The parties will then have 25 workings days to attempt to resolve the concern informally.
• Harassment, discrimination and potential discipline matters proceed directly to the formal stage.
• Formal grievance: Article 29.5(b) outlines the formal grievance process. There is only one grievance level. A written grievance must be filed within 25 working days of the conclusion of the informal complaint process. However, for matters of harassment or discrimination, grievors will have the same amount of time to file as already allowed in law and university policy.

Do not wait to contact CUASA if you have a concern. The timelines of the collective agreement must be respected in order to avoid complications that may arise from untimeliness. If the deadlines are missed, CUASA may not be able to pursue the matter on your behalf. In order for you to benefit from a proper review of the issue and to receive appropriate advice, early reporting is necessary for CUASA to provide representation.

The exclusions preventing members from filing grievances have been minimized (see Article 29.8). Anything that affects your rights and terms and conditions of employment may be challenged via the Article 29 (except Article 17 and Appendix D) process as soon as you become aware of any adverse decision or act that affects you.

Grievance files are kept in the CUASA offices. Though materials will be treated as confidential, information regarding the grievance may be made available to members of Council if it is determined that arbitration is necessary or is requested.

CUASA Guidelines
Member Requests for Union Attendance at Meetings

Remember: You have the right to (and are encouraged to have) union representation at meetings with the employer regarding your employment at Carleton.

CUASA is committed to protecting the rights and privileges of its members and as such members may request CUASA representation at meetings with the employer. A CUASA representative will attend the meeting(s) as a member representative, or to safeguard the member’s interests when such attendance is deemed by CUASA to be necessary. If attendance is deemed necessary, all reasonable attempts will be made to provide a CUASA representative.

The CUASA representative at the meeting will ensure that the rights and privileges of all CUASA members, both those present and not present, are respected.

CUASA representation is normally considered necessary at:

1. Meetings between a CUASA member and the employer including, but not limited to, meetings with Labour Relations (Academic), Human Resources, Deans, Directors of Schools, or university disciplinary committees.
2. Meetings regarding members’ rights under the CUASA Collective Agreement or superior legislation, as well as all university disciplinary procedures not addressed in the Collective Agreement..
3. Negotiations for special consideration, accommodation, or variation of the Collective Agreement between the member and the employer.

The Chair of the meeting will be notified of the attendance of the CUASA representative and will confirm the invitation. All participants in the meeting will be notified of the expected attendance of the CUASA representative.