collective agreement

3.22 Adjustment of Complaints

3.22.1 Preamble: 

It is mutually desired and intended by the Parties that any dispute or complaint arising out of the interpretation of this Agreement will be communicated by the Employee to their supervisor in order to provide an opportunity for discussion and timely resolution, prior to the issue becoming a grievance. If an Employee is not satisfied with the resolution offered by their immediate supervisor they may then initiate a grievance. 

HCML will be provided with immediate notice of all written grievances that have been filed. HCML will have the ability to intervene as a party in any such grievance. No relief may be granted against HCML in any proceedings instituted under this Article. 


3.22.2 Grievance Procedure 

The grievance procedure is designed to resolve, as quickly as practical, disputes or complaints as to the interpretation or operation of Part 3 of this Agreement. 

Step One 

In the event that a written grievance is submitted arising out of the interpretation or operation of Part 3 of this Agreement, except in cases of discharge or suspension, all affected Employees shall continue to work as per the conditions existing prior to the time the dispute arose. A grievance by one or more individual Employees must be served on the affected Employer within seven (7) days of the events giving rise to the grievance, and shall first be taken up with the immediate supervisor by the Employees and a CEP steward or representative. The supervisor will answer the grievance within seven (7) days of receiving the written grievance. 

Step Two 

If there is no satisfactory resolution at Step One the CEP must, within seven (7) days of the supervisor’s answer in Step One, notify the Employer’s project supervisor in writing that it intends to proceed with the grievance. The project supervisor will then have seven (7) days from the date of notification to deal with, and answer in writing, the grievance. Grievances other than those of individual Employees may be initiated at Step Two by either CEP or an Employer. A grievance initiated at Step 2 must be served on the opposing party within seven (7) days of the events giving rise to the grievance. 

Step Three 

If there is no satisfactory resolution from the previous steps the question may, within seven (7) days upon written request from either the CEP or the Employer be referred in writing to the President of Local 777, or his designate, and a senior manager of the Employer who will then have ten (10) days to deal with and attempt to resolve the grievance. Either party may elect to involve outside help at this step such as a regional CEP representative and/or a management representative from outside of the Project site. If the grievance is not resolved within the specified timeframe, Step Three will have concluded. 

Step Four 

If there is no satisfactory resolution at Step 3 then either party may, within seven (7) days of the conclusion of Step 3, serve the opposing party with notice of intent to refer the matter to arbitration, and will propose the names of one or more arbitrators. The Arbitration Procedure set out in Article 3.22.5 will then apply. 

Where a grievance arising from the discharge of an Employee progresses to arbitration, either party may elect, in writing, to utilize the expedited procedure outlined in Article 3.22.6 below as an alternative to the arbitration procedure set out in Article 3.22.5. Notice of intent to elect the expedited procedure must be served on the opposing party within seven (7) days of the conclusion of Step Four. 


3.22.3 National CEP Representative 

It is understood that in all discussions concerning grievances, any National CEP Representative may accompany the CEP in their meetings and the National CEP Representative may call upon members of the CEP or any other Employee to accompany them in their meetings with Employer’s officials. 


3.22.4 Time Limit

1. In the event a grievance has not been served, or has not been advanced to the next step within any of the time limits set forth in this Article, then the grievance shall be deemed to be waived and abandoned, all rights of recourse to the adjustment of complaints under this Agreement in respect of this grievance shall be at an end, and no arbitrator shall have jurisdiction to relieve against the waiver and abandonment of the grievance.
   
   
2. The time limit between steps may be extended by mutual consent in writing.
   
   
3. The party agreeing to the extension of any time limit in this Article will immediately provide a copy of the extension agreement to HCML. 

1. Following service of the notice of intent to arbitrate referenced in Section 1, Step Four, the Employer and the CEP will endeavour to agree upon the selection of the arbitrator. In the event the parties are unable to agree upon the selection of the arbitrator, either party may apply, within fifteen (15) days of service of the intent to arbitrate to have an arbitrator appointed under the appropriate provisions of the Code.
   
   
2. After the arbitrator has been chosen he shall meet and hear evidence of both sides and render a decision within fifteen (15) days after he has concluded his hearings, said decision to be final and binding upon all parties to this Agreement.
   
   
3. The parties shall bear in equal portions the fees and expenses of the arbitrator and rental of any premises used for the hearing.
   
   
4. The arbitrator shall be restricted to interpreting and applying the provisions of this Agreement and shall have no authority to alter, modify, subtract from or supplement them in any way.
   
   
5. In the case of discharge or suspension which the arbitrator has determined to have been unjust the arbitrator shall, unless he deems it inappropriate, order the reinstatement of the Employee with back pay in an amount to be determined by the arbitrator. 

1. A predetermined choice from a panel of six (6) arbitrators, each of whom shall be appointed for a two (2) year term, shall be selected by mutual agreement of the affected Employer and the CEP. Grievances processed under this section shall be assigned to the arbitrators on a rotational basis.
   
   
2. An arbitrator must meet and hear the evidence of both parties within fifteen (15) days after assignment. If an arbitrator is unable to commit to do so, the grievance shall immediately be assigned to the next arbitrator in order of rotation.
   
   
3. The unavailability of counsel shall not be a reason to delay an arbitration under this section.
   
   
4. The parties will endeavour to agree on a statement of material facts, which may be submitted to the arbitrator in advance of the hearing.
   
   
5. The arbitrator will give his decision and his written reasons within one week after the hearing. The reasons need not accompany the decision. Neither the decision nor the reasons will form precedent.
   
   
6. The provisions of Articles 3.22.5 as they apply to discharge, shall apply to this Article. 

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