By -Jack Profijt One of the biggest and best mechanisms that a union has to defend itself, and its members, is the grievance procedure. Every union or association has its own different version of this process. The one consistency throughout all agreements is the right of the member to grieve violations of the collective agreement.
In some cases it has become clear that some members don't understand the importance of this fundamental right of union membership.
It is important to remember that grievances have the ability to effect the present and the future. When a grievance is filed, starting from the complaint step, it is the first step towards a potentially legally binding award from a provincial court.
If in the event you file a grievance and it makes it to the Labour Board and it is won or lost, it can be used as a precedent in other arbitrations or grievances.
Our employer has stated on many occasions that it reserves the right to weigh each incident or discipline on a case by case basis. This means that they want to be able to choose who gets what discipline, and how severe it will be. This flies in the face of the legal process that has made up this country's legal system for hundreds of years. An arbitrator or judge, must look at previous awards and ruling's to help ascertain the proper application of the law.
Another thing to remember about grievances is the fact that you cannot be disciplined for filing one. It is a recognized right of union membership, and no negative impact should arise from you exercising your right.
Grievances are not limited to the collective agreement. The process can be used for violations of the ESA, OSHA, and the HRC, just to name a few.
Grievances also have the ability to shape and influence negotiations. In some cases the employer will ask for evidence or proof to support a claim or an item that we have tabled. If we can provide proof, that's one more push in our favour.
The grievance process is here for the betterment of the union and, our working lives. I encourage you to use this process. Just remember that it is your right to file a grievance and to have access to the grievance procedure. Never wave your right to this process, it is something that has been fought over ever since unions began. Grievances,
and the procedure belong to you, the member, and it can not be taken away.
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