4.00

(a) “Employee Representative” means a person selected by the Board of Directors of the Association, nominated to act on behalf of that person in respect to a grievance.

(b) “Grievance” means a dispute between the parties, made in writing, concerning a working condition or term of employment which is applicable to employees covered by this Collective Agreement and which is set out in the Collective Agreement (i.e. any difference arising from the interpretation, application, administration, or alleged violation of the Collective Agreement), the Regulations under the Public Service of Ontario Act, 2006, the Police Services Act, the Ontario Human Rights Code, or Management Board of Cabinet or Public Service Commission Directives and Guidelines, or in other employment-related statutes, despite any conflict between those statutes and the terms of the Collective Agreement.

(c) “Grievor” means an employee, who has a grievance. Probationary employees cannot grieve their dismissal or release of employment.

4.01

(a) The Employer and the Association acknowledge the importance of resolving differences arising from the interpretation, application, administration or alleged violation of this agreement (hereafter referred to as “grievances”), at an early stage, and, wherever possible, at the local level, in order to foster a harmonious and productive working environment. In this respect, the parties recognize the importance of informal means of resolving employee complaints at the lowest level possible before they become formal grievances under this Article and that nothing in this Article is intended to discourage the ordinary local workplace resolution of employee complaints outside of this grievance procedure.

(b) The parties further acknowledge the importance of full disclosure of issues and open discussion throughout the process to facilitate mutually acceptable resolutions and agree to fully disclose, at the earliest stage of the grievance procedure, all information on which they rely in support of or in response to a complaint or grievance, including disclosure of any facts relied upon by the Employer in a decision that is subject to a complaint or grievance.

4.02

The parties agree that any disputes proceeding to mediation/arbitration shall be adjudicated by a single mediator/arbitrator who is jointly appointed and agreed to by the parties.

4.03

Questions arising between the OPP and the OPP Association concerning interpretations of the Collective Agreement will be initially referred to the designated representative of the OPP and the President/CEO of the OPP Association or their designee, who will attempt to resolve such questions. If the representatives are unable to satisfactorily resolve the matter, it may be dealt with as an individual employee grievance pursuant to the provisions of this Article.

4.04

A grievor may present a grievance personally or may be represented or assisted by an employee representative.

4.05

(a) An employee who has a complaint shall first discuss the complaint with their supervisor within fifteen (15) days of first becoming aware of the complaint.

(b) When the complaint cannot be resolved by the employee’s supervisor within ten (10) days of the discussion, the complaint shall be discussed with the Detachment Commander or the Section Manager, as applicable.

(c) Failing resolution under (b) herein, and within ten (10) further days, the employee may file a grievance in writing through the Association to their Regional/Bureau Commander or Branch Director (as applicable) with a copy to their Detachment Commander or Section Manager (as applicable).

(d) The Regional/Bureau Commander or Branch Director (as applicable) shall hold a meeting with the Association within fifteen (15) days of receipt of the grievance and shall give their decision in writing, with a copy to the Detachment Commander or Section Manager (as applicable), within ten (10) days of the meeting.

(e) The written grievance shall specify the section or sections of this Collective Agreement, Regulation under the Public Service of Ontario Act, 2006, the Ontario Human Rights Code, or Management Board of Cabinet or Public Service Commission Directives and Guidelines that is alleged to have been violated or misapplied.

(f) If the Association is not satisfied with the reply of the individual specified in (d) above, the Association may forward the grievance to the Commissioner, Assistant Deputy Minister or their designee within twenty-eight (28) days of the date of reply in (d) above. The Commissioner, Assistant Deputy Minister or their designee shall give the Association the decision in writing within twenty (20) days of receipt of the grievance.

(g) If the matter is still unresolved, the grievance may be forwarded to mediation/arbitration in accordance with this Article.

(h) In the case of civilian dismissal, articles 4.05 (a) to (d) do not apply. The Association may commence the grievance process by filing a grievance directly with the Commissioner or Assistant Deputy Minister or their designee in accordance with article 4.05 (f).

4.06

(a) In this Article, days shall include all days exclusive of Saturdays, Sundays and statutory holidays.

(b) At any stage of the grievance procedure, the time limits imposed upon either party may be extended by mutual agreement.

(c) Notwithstanding (b), an arbitrator has the jurisdiction to extend the timelines specified in the collective agreement at all stages of the grievance and arbitration processes, where the arbitrator is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

4.07

(a) The provisions of this Article shall apply to a grievance concerning the interpretation, application, administration or alleged violation of this Collective Agreement, including whether or not the matter may be entertained by the mediator/arbitrator hereunder.

(b) If the Association is not satisfied with the decision given pursuant to the provisions of Article 4.05, or if the Association does not receive a decision within the specified time limit, the Association may apply for a mediation/arbitration date in writing to the mediator/arbitrator within fifteen (15) days:

(i) of the date the decision was received or

(ii) of the date the time limit expired as the case may be, for a hearing of the grievance.

(c) Mediation/arbitration shall be conducted as soon as practicable by an agreed upon Mediator/Arbitrator.

(i) The mediator/arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Collective Agreement.

(ii) The decision of the mediator/arbitrator in respect of the hearing shall be communicated in writing within sixty (60) days of the conclusion of the hearing to the Association representative and the employer representative.

(iii) The determination of a grievance by the mediator/arbitrator pursuant to the terms of this Collective Agreement is final.

4.08

Each party shall pay one-half (1/2) the fees and expenses of the mediator/arbitrator.

Except as foresaid, each party shall bear all expenses incurred by it whether of witnesses, the attendance of witnesses and representatives, exhibits, or otherwise.

4.09

Where any difference between the Employer and the Association arises from the interpretation, application, administration or alleged contravention of this Collective Agreement, the Association shall be entitled to file a policy grievance with the Commissioner, Assistant Deputy Minister or their designee provided it does so within thirty (30) days following the occurrence or origination of the circumstance giving rise to the grievance. The grievance shall be signed by one of the signing officers of the Association.

4.10

The Commissioner, Assistant Deputy Minister or their designee shall give the Association a decision in writing within sixty (60) days of receipt of the policy grievance. If the matter is still unresolved, the policy grievance may be forwarded to mediation/arbitration in accordance with this Article.

2.01

There shall be no discrimination or harassment by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or, disability as defined in section 10(1) of the Ontario Human Rights Code.

For the purposes of this Article, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

2.02

The parties are committed to a workplace free from workplace harassment including bullying, by other employees, supervisors, managers, any other person working or providing services to the Employer in the workplace, clients or the public, in accordance with the law. Workplace harassment is engaging in a course of vexatious comment or conduct against an employee in the workplace that is known or ought reasonably to be known to be unwelcome.

2.03

The Association and the Employer jointly recognize and affirm the right of employees to work in an environment that is respectful and free from harassment.

2.04

All complaints regarding workplace harassment or discrimination shall be eligible to be processed as grievances under this Collective Agreement.

2.05

Grievances under Article 2.04 shall be limited solely to instances which occur at the workplace involving the Employer’s employees. Grievances shall not include alleged discrimination or harassment by a member of the public or individual not employed by the Employer, unless the Employer was reasonably aware that such harassment/discrimination was occurring in the workplace.

2.06

Following the filing of a workplace harassment/discrimination grievance, the Employer, where practical, will consult with and seek the consent of the Association and grievor prior to any decision, if any, to remove the grievor from the work location of the alleged harasser.

2.07

Where the alleged harasser is the person who would usually deal with any steps in the grievance procedure, the grievance shall be heard by an alternative designee.

2.08

The normal exercise of managerial rights including the day-to-day assignment of tasks, attendance management, training, performance management or discipline does not constitute harassment, provided that the employer does not exercise those rights in an oppressive or tyrannical manner.

1.01

The Employer recognizes the Association as the exclusive bargaining agent with respect to matters pursuant to the Public Service of Ontario Act, 2006 and Ontario Provincial Police Collective Bargaining Act, 2006 or matters arising under this Collective Agreement for all civilian employees who are under the supervision of the Commissioner of the Ontario Provincial Police, including but not limited to employees at the OPP Headquarters and OPP Academy, or the Chief Firearms Officer for Ontario and Instructors at the Ontario Police College.

It is agreed that there will be no intimidation, discrimination, or coercion exercised or practiced by either of the parties to this Collective Agreement or their representatives because employees are, or are not, members of the Association, or because such employees exercise a right under this Collective Agreement.

1.01.01

It is the exclusive function of the Employer to manage, which function, without limiting the generality of the foregoing, includes the right to determine employment, appointment, complement, organization, work methods and procedures, kinds and location of equipment, discipline and termination of employment, assignment, classification, merit system, training and development, appraisal and the principles and standards governing promotion, demotion, transfer, lay-off and reappointment.

The exercise of management rights shall neither be exercised in a discriminatory manner pursuant to Article 2.01 nor be inconsistent with the provisions of the Collective Agreement, and the applicable provisions of the Ontario Provincial Police Collective Bargaining Act, 2006 the Public Service of Ontario Act, 2006 and the Management Board of Cabinet and Public Service Commission Directives and Guidelines.

1.02

The term “employees” whenever herein used shall mean only those employees within the bargaining unit as described above.

1.03

The term “Association” whenever herein used shall mean the Ontario Provincial Police Association.

1.04

The term “Commissioner” whenever herein used shall mean Commissioner of the Ontario Provincial Police or designee.

1.05

Wherever applicable in this Collective Agreement, the singular shall include the plural.

1.06

Wherever the feminine pronoun is used in this Collective Agreement, it includes the masculine pronoun and vice versa, where the context so requires.

1.07

The term “OPP” whenever herein used shall mean the Ontario Provincial Police.

1.08

The term “Deputy Minister” whenever herein used shall mean the Deputy Minister, Community Safety, or designee.

1.09

The term “Assistant Deputy Minister” whenever herein used shall mean the Assistant Deputy Minister, Public Safety Division, or designee.

1.10

The term “Ministry” whenever herein used shall mean the OPP, Ontario Police College, and the Chief Firearms Office within the Ministry of Community Safety and Correctional Services.

1.11

The term “CTB” whenever herein used shall mean the compensating time bank.

1.12

The term “RPT” herein used shall mean a Regular Part-Time employee appointed to the Regular service.

1.13

The term “regular employee” herein used shall mean a public servant appointed under section 32 of the Public Service of Ontario Act, 2006 other than for a fixed term.

1.14

The term “regular service” herein used shall mean the part of the public service composed of regular employees.

1.15

The term “fixed-term employee” herein used shall mean a public servant appointed under Part III of the Public Service of Ontario Act, 2006 for a fixed-term.

1.16

The term “fixed-term service” herein used shall mean the part of the public service composed of fixed-term employees.