NASA's Grievance Procedure

Council Home Page		Article 38 Grievance Procedure
Stewards Corner Introduction Grievance: How to... HISTORY Steward Program: Policies and Procedures AGM Steward Resolution Joint Forum Report on Stewards Progress Report #1 Progress Report #2 (1999 AGM) WHAT'S NEW? REP'S COUNCIL ABOUT NASA TRUST TOPICS UNION COMMITTEES AND REPORTS SOLIDARITY! SITE INDEX CONTACT US Last updated: 03/18/01		This information is provided to the Council by the Grievance Chairperson. It outlines the actual formal steps in handling a grievance. It may read like a very formal legal process and that's what it is -- the contract outlines what are your rights and responsibilities while Article 38 describes the legal process we can use to defend those rights. NASA can and does use this part of the contract regularly to handle workplace problems, big and small. It is used on the members behalf if the situation cannot be resolved informally. Your rep can be help you to understand your rights so talk to them first. For further information, please contact the NASA office. Please Note: Changes in the near future to the procedures can be expected following the current contract negotiations. To see the current operating staff NASA Contract 38.01 Recognition In order to provide for a procedure for the resolution of grievances, the Employer acknowledges the rights and duties of the Association Grievance Committee, and the Association Office Staff and designated Association representatives. 38.02 (a) Definition of Grievance A grievance shall be defined as any difference arising out of the interpretation, application, operation, administration, or alleged violation of the Collective Agreement, and including any dispute as to whether the difference is adjudicable. Such a difference shall be raised within fifteen (15) days of the occurrence of the time the employee or party should reasonably have become aware of the action or matter giving rise to the difference. In matters alleging abusive, unfair, or demeaning treatment it is understood that the University of Alberta policy on worksite harassment will apply, with the option for Employees so alleging, and in the event of no solution or resolution to these matters, to access Step III of this process. (b) Policy Grievance In the event that a matter arises involving the interpretation, application, operation, administration, or any contravention or alleged contravention of this Agreement, and affecting either party and/or more than one Employee, the aggrieved party shall have the right to submit a grievance to the other party within fifteen (15) days of the occurrence of the matter giving rise to the grievance. 38.03 Process It is recognized that the parties may agree to hold the time limits in abeyance with respect to the difference so that the difference can be resolved and the process can have full opportunity to proceed. The parties shall disclose all information/documentation concerning the difference prior to any meeting in the grievance process. The Employee may be accompanied by a designated representative of the Association and/or NASA office staff for any grievance discussion with supervisory, departmental or Personnel/Employee Relations staff. It is recognized that in discussions surrounding the grievance procedure, the right to representation is recognized and that those designated representatives shall not be bypassed in the grievance procedure. The Employee reserves the right to waive the right to representation and having a representative present at any meeting. The waiver shall be in writing and signed by the Employee in the presence of a NASA representative and an Employer representative. 38.04 Settling of Grievances (a) Informal Discussion Before a grievance is filed an Employee must advise the Employer of the existence of a difference and the Employee and Employer will take every possible effort to resolve the matter by informal discussion. Such discussion shall include advance notification of at least one day so that the Employee and Employer can be prepared. (b) Step I (Facilitation) If the difference cannot be resolved with the supervisor, the matter shall be submitted to a Step I meeting for resolution. This resolution mechanism may involve the facilitation of the matter including the Employee, the NASA office, staff representative, the Employee Relations Department - PSSR and the Department Head or his delegated designee. The parties shall attempt to resolve the difference through the process of consultation. In the absence of a resolution, the Department Head or his delegated designee, shall respond in writing to the difference within five (5) days of the last facilitation meeting. The total time for the facilitation step shall be thirty (30) days from the first meeting unless the time limits have been mutually extended. If the difference cannot be settled informally or if the difference cannot be resolved through facilitation then such difference (hereinafter called a formal grievance) may be submitted to Step II of the grievance procedure. (c) Step II If the difference cannot be settled informally or if the difference cannot be resolved through facilitation then such difference may be formalized in writing and processed to the Office of the Vice-President (Finance and Administration) in a formal written grievance, within five (5) days of receipt of the written response from the Department Head or his delegated designee. The Vice-President (Finance and Administration) or his delegated designee shall convene a meeting for the parties to present the relevant information for a written decision at this step of the grievance procedure. The Vice-President (Finance and Administration) or his delegated designee will respond in writing to the aggrieved within five (5) days of the meeting at this step of the grievance procedure. The total time limits at Step II shall be thirty (30) days for the response of the Vice-President (Finance and Administration), or his delegated designee, from the date of receipt of the formalized grievance. If there is no resolution at this stage of the grievance the grievance may be referred to Step III of the procedure. For the purposes of Step II the delegated designee will be a senior executive who has not been previously involved in the issues giving rise to the grievance. (d) Step III The grievance may be referred to this step of the grievance procedure within five (5) days of the receipt of the response from the Department Head: (i) A single adjudicator shall be selected from a roster of adjudicators that have been prearranged and mutually agreed to by the parties. They shall hear such matters in order of their appearance on a roster and should one adjudicator not be available the next adjudicator on the list shall be utilized. Such a step may provide for the process of mediation in the first instance and that same adjudicator shall have the responsibility to adjudicate the matter should the mediation process not provide a resolution. Such adjudication decision shall be final and binding. or, (ii) An adjudication board may be established by either party sending notice of the name of its appointee to an adjudication board, to the other party. The other party shall respond within seven (7) days of such notification naming their appointee to the adjudication board. Upon the appointment of the two (2) appointees to an adjudication board they shall within seven (7) days of the appointment of the second of them appoint a third person as a member who shall be chair. If the recipient of a notice fails to appoint a person as a member of the adjudication board or if the two (2) appointees fail to agree on a member and chair of the adjudication board, either or both may request the Public Service Employee Relations Board to appoint a person as a member, or as a member and chair, as the case may be. Powers of the Adjudicator or the Adjudication Board (a) The single adjudicator, or the adjudication board, shall determine its own procedure but give full opportunity to the parties to present evidence and to be heard. The single adjudicator or adjudication board, shall hear and determine the grievance and shall issue an award in writing within fifteen (15) days of the hearing, and the award shall be final and binding upon the parties and upon any Employee affected by it. (b) In the case of the adjudication board the decision of the majority of the members is the award of the board and if there is no majority the decision of the chair governs and his decision is the award of the adjudication board. (c) The single adjudicator or adjudication board shall not change, amend or alter any of the terms of this Agreement. If the single adjudicator or an adjudication board by its award determines that an Employee has been discharged or otherwise disciplined by the Board for cause and the Agreement does not contain a specific penalty for the infraction that is the subject matter of the adjudication, the single adjudicator or the adjudication board may substitute such other penalty for discharge or discipline as it deems just and reasonable in all circumstances. Dispute Over Adjudicability If any dispute arises between the parties as to whether a particular matter is adjudicable under this Article, the question of jurisdiction shall be determined by the single adjudicator or adjudication board as the case may be. Adjudication Costs Each party to the difference shall bear the expense of its respective appointee to the adjudication board and the two parties shall equally share the expenses of the chair. 38.05 Replies in Writing Replies to grievances stating reasons shall be in writing at all stages with copies to the Employee and the Association. 38.06 Time Limits Any of the aforesaid time limits may be extended upon the mutual consent in writing of the parties. All the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays, and paid holidays. In the event that the initiating party fails to comply with the mandatory requirements hereof, or to comply with the time limits specified, the grievance shall be deemed to be at an end. 38.07 Notwithstanding any of the provisions in the grievance procedure, the initiating party may discontinue the grievance procedure at any stage in which event the grievance shall be deemed to be wholly at an end.

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Article 38 Grievance Procedure

Stewards Corner
Introduction
Grievance: How to...

HISTORY
Steward Program: Policies and Procedures
AGM Steward Resolution
Joint Forum Report on Stewards
Progress Report #1
Progress Report #2 (1999 AGM)

WHAT'S NEW?

REP'S COUNCIL

ABOUT NASA

TRUST TOPICS

UNION COMMITTEES AND REPORTS

SOLIDARITY!

SITE INDEX

CONTACT US

Last updated: 03/18/01

This information is provided to the Council by the Grievance Chairperson. It outlines the actual formal steps in handling a grievance. It may read like a very formal legal process and that's what it is -- the contract outlines what are your rights and responsibilities while Article 38 describes the legal process we can use to defend those rights. NASA can and does use this part of the contract regularly to handle workplace problems, big and small. It is used on the members behalf if the situation cannot be resolved informally. Your rep can be help you to understand your rights so talk to them first. For further information, please contact the NASA office.

Please Note: Changes in the near future to the procedures can be expected following the current contract negotiations.

To see the current operating staff NASA Contract

38.01 Recognition

In order to provide for a procedure for the resolution of grievances, the Employer acknowledges the rights and duties of the Association Grievance Committee, and the Association Office Staff and designated Association representatives.

38.02 (a) Definition of Grievance

A grievance shall be defined as any difference arising out of the interpretation, application, operation, administration, or alleged violation of the Collective Agreement, and including any dispute as to whether the difference is adjudicable. Such a difference shall be raised within fifteen (15) days of the occurrence of the time the employee or party should reasonably have become aware of the action or matter giving rise to the difference.

In matters alleging abusive, unfair, or demeaning treatment it is understood that the University of Alberta policy on worksite harassment will apply, with the option for Employees so alleging, and in the event of no solution or resolution to these matters, to access Step III of this process.

(b) Policy Grievance

In the event that a matter arises involving the interpretation, application, operation, administration, or any contravention or alleged contravention of this Agreement, and affecting either party and/or more than one Employee, the aggrieved party shall have the right to submit a grievance to the other party within fifteen (15) days of the occurrence of the matter giving rise to the grievance.

38.03 Process

It is recognized that the parties may agree to hold the time limits in abeyance with respect to the difference so that the difference can be resolved and the process can have full opportunity to proceed.

The parties shall disclose all information/documentation concerning the difference prior to any meeting in the grievance process.

The Employee may be accompanied by a designated representative of the Association and/or NASA office staff for any grievance discussion with supervisory, departmental or Personnel/Employee Relations staff. It is recognized that in discussions surrounding the grievance procedure, the right to representation is recognized and that those designated representatives shall not be bypassed in the grievance procedure.

The Employee reserves the right to waive the right to representation and having a representative present at any meeting. The waiver shall be in writing and signed by the Employee in the presence of a NASA representative and an Employer representative.

38.04 Settling of Grievances

(a) Informal Discussion

Before a grievance is filed an Employee must advise the Employer of the existence of a difference and the Employee and Employer will take every possible effort to resolve the matter by informal discussion. Such discussion shall include advance notification of at least one day so that the Employee and Employer can be prepared.

(b) Step I (Facilitation)

If the difference cannot be resolved with the supervisor, the matter shall be submitted to a Step I meeting for resolution. This resolution mechanism may involve the facilitation of the matter including the Employee, the NASA office, staff representative, the Employee Relations Department - PSSR and the Department Head or his delegated designee. The parties shall attempt to resolve the difference through the process of consultation.

In the absence of a resolution, the Department Head or his delegated designee, shall respond in writing to the difference within five (5) days of the last facilitation meeting. The total time for the facilitation step shall be thirty (30) days from the first meeting unless the time limits have been mutually extended. If the difference cannot be settled informally or if the difference cannot be resolved through facilitation then such difference (hereinafter called a formal grievance) may be submitted to Step II of the grievance procedure.

(c) Step II

If the difference cannot be settled informally or if the difference cannot be resolved through facilitation then such difference may be formalized in writing and processed to the Office of the Vice-President (Finance and Administration) in a formal written grievance, within five (5) days of receipt of the written response from the Department Head or his delegated designee. The Vice-President (Finance and Administration) or his delegated designee shall convene a meeting for the parties to present the relevant information for a written decision at this step of the grievance procedure.

The Vice-President (Finance and Administration) or his delegated designee will respond in writing to the aggrieved within five (5) days of the meeting at this step of the grievance procedure.

The total time limits at Step II shall be thirty (30) days for the response of the Vice-President (Finance and Administration), or his delegated designee, from the date of receipt of the formalized grievance.

If there is no resolution at this stage of the grievance the grievance may be referred to Step III of the procedure.

For the purposes of Step II the delegated designee will be a senior executive who has not been previously involved in the issues giving rise to the grievance.

(d) Step III

The grievance may be referred to this step of the grievance procedure within five (5) days of the receipt of the response from the Department Head:

(i) A single adjudicator shall be selected from a roster of adjudicators that have been prearranged and mutually agreed to by the parties. They shall hear such matters in order of their appearance on a roster and should one adjudicator not be available the next adjudicator on the list shall be utilized. Such a step may provide for the process of mediation in the first instance and that same adjudicator shall have the responsibility to adjudicate the matter should the mediation process not provide a resolution. Such adjudication decision shall be final and binding.

or,

(ii) An adjudication board may be established by either party sending notice of the name of its appointee to an adjudication board, to the other party. The other party shall respond within seven (7) days of such notification naming their appointee to the adjudication board.

Upon the appointment of the two (2) appointees to an adjudication board they shall within seven (7) days of the appointment of the second of them appoint a third person as a member who shall be chair. If the recipient of a notice fails to appoint a person as a member of the adjudication board or if the two (2) appointees fail to agree on a member and chair of the adjudication board, either or both may request the Public Service Employee Relations Board to appoint a person as a member, or as a member and chair, as the case may be.

Powers of the Adjudicator or the Adjudication Board

(a) The single adjudicator, or the adjudication board, shall determine its own procedure but give full opportunity to the parties to present evidence and to be heard. The single adjudicator or adjudication board, shall hear and determine the grievance and shall issue an award in writing within fifteen (15) days of the hearing, and the award shall be final and binding upon the parties and upon any Employee affected by it.

(b) In the case of the adjudication board the decision of the majority of the members is the award of the board and if there is no majority the decision of the chair governs and his decision is the award of the adjudication board.

(c) The single adjudicator or adjudication board shall not change, amend or alter any of the terms of this Agreement. If the single adjudicator or an adjudication board by its award determines that an Employee has been discharged or otherwise disciplined by the Board for cause and the Agreement does not contain a specific penalty for the infraction that is the subject matter of the adjudication, the single adjudicator or the adjudication board may substitute such other penalty for discharge or discipline as it deems just and reasonable in all circumstances.

Dispute Over Adjudicability

If any dispute arises between the parties as to whether a particular matter is adjudicable under this Article, the question of jurisdiction shall be determined by the single adjudicator or adjudication board as the case may be.

Adjudication Costs

Each party to the difference shall bear the expense of its respective appointee to the adjudication board and the two parties shall equally share the expenses of the chair.

38.05 Replies in Writing

Replies to grievances stating reasons shall be in writing at all stages with copies to the Employee and the Association.

38.06 Time Limits

Any of the aforesaid time limits may be extended upon the mutual consent in writing of the parties. All the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays, and paid holidays. In the event that the initiating party fails to comply with the mandatory requirements hereof, or to comply with the time limits specified, the grievance shall be deemed to be at an end.

38.07 Notwithstanding any of the provisions in the grievance procedure, the initiating party may discontinue the grievance procedure at any stage in which event the grievance shall be deemed to be wholly at an end.

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