Contract / Table of Contents

Article / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 /

Company Policy / Sick Leave

Letter of Understanding / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 /

Letter of Intent / Pensions / Deferred Retirement / Disability Management /

GWP / Schedule "G"


BDL Full Goods, 2007-2013
Please read the disclaimer.


ARTICLE 10
GRIEVANCE AND EMPLOYEE INTERVIEW PROCEDURE
10.01
  1. Shop Stewards
    Shop Stewards, all of whom shall be regular employees of the Company, shall be elected by the Union and recognized by the Company. There shall be one [1] Shop Steward tentatively for each department.

  2. Employee Interviews/Meetings
    Shop Stewards or Union Committee members shall be permitted to represent an employee's interest without loss of pay when meetings/interviews occur during the Shop Stewards or Union Committee member's hours of work. The Union representative will also be given a reasonable amount of time to meet with the employee prior to the meeting/interview to discuss the issue with the employee.

  3. Grievance Procedure
    The Grievance Procedure will be reviewed with Supervisors, Managers, Human Resources, Shop Stewards and Union Committee members on an annual basis or when mutually agreed upon.
10.02
  1. Grievance and Negotiating Committee
    There shall be a Grievance and Negotiating Committee, consisting of up to three (3) employees designated by the Union, who are actually then in the employ of the Company, and who will be afforded such reasonable time off as may be required to attend meetings held at the request of the Committee on Labour Relations or the Grievance and Negotiating Committee.

  2. Committee on Labour Relations
    The Employer shall appoint and maintain a committee to be called the "Committee on Labour Relations", one (1) member of which shall be designated as Chairperson. The Employer at all times shall keep the Union informed of the individual membership of the Committee.

  3. Committee Meetings
    All meetings of the said Committee on Labour Relations with the Grievance and Negotiating Committee shall be under the chairpersonship of a member of the Committee on Labour Relations or a member of the Grievance and Negotiating Committee, responsibility of this chairpersonship will rotate monthly. Meetings shall be held at the call of the Chairperson as promptly as possible on request in writing of either party. The Employer and the Union shall make every effort to exchange written agendas at least one (1) week prior to meeting.
10.03       The Union agrees to advise the Committee on Labour Relations of the names of members of the Grievance and Negotiating Committee and Shop Stewards, in writing, and also of any changes from time to time.

10.04       In cases where a potential grievance arises, the employee (with or without a shop steward) shall first discuss the issue with their supervisor or the appropriate department (payroll, benefits, scheduling etc.). If this does not resolve the issue then the parties will make an honest effort to settle the differences by proceeding through the following steps until the grievance is settled or otherwise disposed of:

STEP 1
The aggrieved employee shall notify his Shop Steward or Plant Committee member if a grievance arises. The employee together with the Union representative shall take his grievance to the Supervisor and the grievance will be dealt with as soon as possible.

If it is not possible to discuss the issue immediately, the Supervisor will make arrangements with the Union representative for a reasonable time to discuss the matter. It is understood that the meeting should occur on that same shift; however, where it is not possible to have the meeting on that same shift a meeting will be scheduled at the earliest possible opportunity with the Union representative and wherever possible, the employee.

If further time is required with the aggrieved employee, or to investigate the grievance, the Union representative will request such time off from his Supervisor, approval for such request will not be unreasonably withheld. The parties agree that such time will be kept to a minimum.

Failing a satisfactory settlement the grievance shall be put in writing and submitted to the Supervisor involved within five [5] working days from the time the grievance arose. The Supervisor will provide a written answer, with reasons for the decision, within forty eight [48] hours (Saturdays, Sundays and Holidays excluded). If the grievance is not settled at this Step, the grievance may proceed to Step 2.

It is understood that should the employee and or Union representative not bring the issue to the attention of the Supervisor and make an effort to resolve the issue, the grievance will be denied at Step 1 and the Grievance Procedure shall start again at the beginning of this Step.

STEP 2
The grievance shall be submitted within forty-eight [48] hours to the next level of Management (e.g. City Delivery and/or Warehouse Manager). Within five [5] working days, a Union representative together with the employee, wherever possible, shall meet and discuss the grievance with the supervisor and the department manager. If the grievance is not resolved, a written reply, with reasons for the decision if denied, will be provided within forty eight [48] hours. If the grievance is not settled at this Step, the grievance may proceed to Step 3.

STEP 3
The grievance shall be submitted within forty eight [48] hours to the Manager or his nominee. The Grievance and Negotiating Committee, with an additional representative of the Union if desired, shall meet with the Company within ten [10] working days or other mutually agreed time to discuss the grievance. At this Step of the grievance procedure, each party shall together review all facts and copies of the relevant documents.

The Manager or his nominee shall provide to the Union their decision in writing, including reasons for the decision if denied, within five [5] working days of the meeting. If the grievance is not settled at this Step, either party may refer the grievance to one of the options pursuant to Article 10.07 within three (3) months.

10.05       Grievances involving discharge shall be placed in writing and dealt with starting at Step 3.

10.06       The time limits specified in Steps 1, 2, and 3 may be extended by written agreement between the parties. The Chairman of the Grievance and Negotiating Committee, on behalf of the Union, or the Chairperson of the Committee on Labour Relations, on behalf of the Company may file a policy grievance at Step 3 of the Grievance Procedure. A policy grievance is defined as a dispute between the Union and the Company concerning the interpretation, application, operation or alleged violation of the Agreement, including whether or not a matter is arbitrable.

ARBITRATION

10.07       Any grievance which has been properly processed through the preceding steps of the Grievance Procedure without being settled may be submitted to Arbitration, Expedited Arbitration or an Industry Troubleshooter as agreed to by the parties. Grievances may be submitted to arbitration within three [3] months from the first Grievance Review Board Meeting following the Step 3 written response to the grievance. The Union will provide the dates of all Grievance Review Board meetings, upon request, at the beginning of each calendar year.

INDUSTRY TROUBLESHOOTER
  1. Where a difference arises between the parties relating to the dismissal, discipline or suspension of an employee or to the interpretation, application or alleged violation of this Agreement including any question as to whether a matter is arbitral, during the term of the Collective Agreement, such difference may be referred to an Industry Troubleshooter.

    In the event the parties are unable to agree on an Industry Troubleshooter within a period of thirty (30) calendar days, either party may apply to the Minister of Labour for the Province of British Columbia to appoint such person.

    The parties will endeavor to reach an agreed to statement of facts prior to the hearing. The recommendation from a Troubleshooter shall not be binding without mutual agreement by the parties.

  2. EXPEDITED ARBITRATION
    1. The parties shall determine by mutual agreement, those grievances suitable for Expedited Arbitration.

    2. Those grievances agreed to be suitable for Expedited Arbitration shall be scheduled within one (1) month following agreement to refer them to Expedited Arbitration.


  3. Where the parties agree to invoke Expedited Arbitration or Industry Troubleshooter the appropriate process will apply not withstanding the provisions of Article 10 of the Agreement and the parties shall not be entitled to thereafter invoke the arbitration process in 10.07(j).

  4. The location of the hearings is to be agreed to by the parties. The parties may agree in advance to deal with one (1) or more grievances over the course of the day scheduled for the hearing.

  5. As the process is intended to be non-legal, outside lawyers will not be retained to represent either party during an Industry Troubleshooter or Expedited Arbitration. All presentations should be short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentation.

  6. Prior to rendering a decision the Expedited Arbitrator or Industry Troubleshooter may assist the parties in mediating a resolution to the grievance.

  7. Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated within and may include an immediate verbal award if the parties so agree. Otherwise, the decision of the Expedited Arbitrator or Industry Troubleshooter is to be completed and delivered in ten (10) working days of the hearing.

  8. The Expedited Arbitrator or, if mutually agreed to, the Industry Troubleshooter shall have the power and authority to conclusively settle the dispute and his/her decision shall be binding on both parties. The Expedited Arbitrator or Industry Troubleshooter shall not have the power to change the Collective Agreement or to alter, modify, or amend any of its provisions. However, the Expedited Arbitrator or Industry Troubleshooter shall have the power to dispose of the grievance in any matter he/she deems just and equitable.

  9. Any decisions of an Industry Troubleshooter or an Expedited Arbitrator will be non precedent.

    SINGLE ARBITRATOR

  10. The grievance will be submitted to an Arbitration Board composed of a sole Arbitrator, mutually agreed to by the Company and Union, who shall act as Chairman. At the time that either party services notice, in writing, of its intention to proceed to arbitration it shall, at the same time, notify the other party of the name of its legal representative. The other party shall appoint its legal representative within five (5) calendar days of receiving written notice and these two (2) legal representatives shall agree on a person to act as sole Arbitrator. Unless mutually agreed to, if they fail to agree within fourteen (14) calendar days from the appointment of the second legal representative, the Minister of Labour of British Columbia shall appoint a sole Arbitrator.

10.08       Each of the parties shall bear one half of the expenses of an Arbitrator or Industry Troubleshooter.

NO STRIKES OR LOCKOUTS

10.09       There shall be no strikes or lockouts as long as this Agreement continues to operate.


Back to: BREW300.ca Home Page.