Uniform Collective Agreement – Article 4 Grievance Procedure

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 and Directives under the Public Service of Ontario Act, 2006, the Community Safety and Policing Act, the Ontario Human Rights Code, 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. Matters that arise pursuant to the Community Safety and Policing Act and the Code of Offences thereunder, other than a working condition or term of employment, shall not be the subject of a grievance under this 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 a 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 or Bureau Commander with a copy to their Detachment Commander or Section Manager (as applicable).

(d) The Regional or Bureau Commander 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 or Section Manager (as applicable), within ten (10) days of the meeting.

(e) The written grievance shall specify the section or sections of the Collective Agreement, Regulations and Directives under the Public Service of Ontario Act, 2006, the Community Safety and Policing Act, 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 or the Commissioner’s designee within twenty-eight (28) days of the date of reply in (d) above. The Commissioner or the Commissioner’s 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.

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 Section 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 Section 4.05, or if the Association does not receive a decision within the specified time limit, the Association may apply 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 arbitrator/mediator.

Except as aforesaid, 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 the Collective Agreement, the Association shall be entitled to file a policy grievance with the Commissioner or the Commissioner’s 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 or the Commissioner’s 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.