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COLLECTIVE AGREEMENTS - OPSEU

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STAGE ONE<br />

22.2.1 It is the mutual desire of the parties that complaints of employees be adjusted as quickly as possible and it is understood<br />

that if an employee has a complaint, the employee shall meet, where practical, and discuss it with the employee’s<br />

immediate supervisor within thirty (30) days after the circumstances giving rise to the complaint have occurred or have<br />

come or ought reasonably to have come to the attention of the employee in order to give the immediate supervisor an<br />

opportunity of adjusting the complaint.<br />

22.2.2 If any complaint or difference is not satisfactorily settled by the supervisor within seven (7) days of the discussion and/or<br />

meeting, it may be processed within an additional ten (10) days in the following manner:<br />

STAGE TWO<br />

22.3.1 If the complaint or difference is not resolved under Stage One, the employee may file a grievance, in writing, through the<br />

Union, with their immediate supervisor who will in turn forward the grievance to the senior human resources representative<br />

for the ministry or his or her designee.<br />

22.3.2 The senior human resources representative or his or her designee shall hold a meeting with the employee within fifteen<br />

(15) days of the receipt of the grievance and shall give the grievor his or her decision in writing within seven (7) days of<br />

the meeting with a copy to the Union steward.<br />

22.4 If the grievor is not satisfied with the decision of the senior human resources representative or his or her designee or if he or she<br />

does not receive the decision within the specified time, the grievor may apply, through the Union, to the Grievance Settlement<br />

Board (GSB) for a hearing of the grievance within fifteen (15) days of the date he or she received the decision or within fifteen<br />

(15) days of the specified time limit for receiving the decision.<br />

22.5 The employee, at his or her option, may be accompanied and represented by a Union representative at Stage Two of the<br />

grievance procedure.<br />

22.6.1 An employee who is a grievor or complainant and who makes application, through the Union, for a hearing before the<br />

GSB or the Ontario Labour Relations Board (OLRB) shall be allowed leave of absence with no loss of pay and with no<br />

loss of credits, if required to be in attendance by the Board or Tribunal. Article 22.6.1 shall also apply to pre-hearings,<br />

mediation/arbitration or mediation under auspices of the GSB or OLRB.<br />

22.6.2 An employee who has a grievance and is required to attend meetings at Stage One and Two of the grievance procedure<br />

shall be given time off with no loss of pay and with no loss of credits to attend such meetings.<br />

22.6.3 Article 22.6.2 shall also apply to the Union Steward who is authorized to represent the grievor at Stage Two of the<br />

grievance procedure.<br />

22.6.4 The Union shall advise the senior human resources representative for the affected ministries with copies to the Director,<br />

Centre for Employee Relations of the Union Stewards together with the areas they are authorized to represent, which list<br />

shall be updated at least every six (6) months. The ministry will advise the Union corporately when the senior human<br />

resources representative for the ministry changes.<br />

22.7 LAY-OFF<br />

22.7.1 Where an employee files a grievance, through the Union, claiming improper lay-off and the grievance is referred to the<br />

GSB in accordance with Article 22.4, the Union shall notify the Employer, in writing, at least three (3) weeks prior to the<br />

date established for the Board’s hearing, of the title and location of the position which will be the subject matter of the<br />

claim before the Board.<br />

22.8 DISMISSAL<br />

22.8.1 Any probationary employee who is dismissed or released shall not be entitled to file a grievance.<br />

22.8.2 Any employee other than a probationary employee who is dismissed shall be entitled to file a grievance, through the<br />

Union, at the second stage of the grievance procedure provided he or she does so within thirty (30) days of the date of the<br />

dismissal.<br />

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