Chapter 29 : Labour relations, grievances and adjudication
The labour relations committee shall be composed of a maximum of five (5) Employer representatives and a maximum of five (5) Union representatives. It shall adopt rules of procedure and operation.
The labour relations committee shall meet once a month, unless there are no agenda items or unless the meeting has been postponed on the agreement of both parties. The Parties shall agree to set the date of the meeting and the agenda. However, in the event of a dismissal, the labour relations committee shall meet as soon as possible if the Union so requests.
The labour relations committee may review and discuss any matter, including grievances, relating to working conditions or relations between the Employer on one side and the Union and postdoctoral fellows on the other.
The Parties shall endeavour to identify appropriate solutions for every matter discussed and to make appropriate recommendations to the relevant authority. In the event of a disagreement regarding the proposed solution, the persons representing each party shall make separate recommendations to the relevant authority. To foster free discussion and the pursuit of an equitable solution, the Parties agree that the deliberations and the minutes of the labour relations committee shall not be used as evidence in any proceedings.
A grievance is a disagreement relating to the interpretation or application of the collective agreement. A notice of grievance shall state the reasons for the grievance, the applicable clauses of the agreement and the corrective action being sought.
The Employer, a postdoctoral fellow, any group of postdoctoral fellows or the Union may file a grievance in accordance with the procedure set out in this chapter.
A technical error in the written submission of a grievance shall not result in its being set aside and may be rectified through an amendment. The same holds true for an error in respect of any incidental condition which, if altered by way of an amendment, does not change the nature of the grievance in any way.
The Parties agree to abide by the following procedure to resolve a grievance.
a) First step
A grievance that one of the Parties sees fit to file shall be submitted in writing to the other party within sixty (60) working days of knowledge of the facts and no more than six (6) months after the facts giving rise to the grievance.
b) Second step
A response shall be sent by the other party in writing within fifteen (15) working days of receipt of the grievance. If a response is not received within the required time, the party that submitted the grievance may note its disagreement in writing or refer the grievance to the labour relations committee for discussion.
c) Third step
When either of the parties notes its disagreement, it shall provide the other party with written notice to that effect or shall raise the matter at a labour relations committee meeting. As of that time, it shall have thirty (30) working days to refer the grievance to adjudication. The party that refers the grievance to adjudication shall notify the adjudicator in question in accordance with clause 29.11, with a copy for the other party.
In the event of a dismissal, the grievance may be referred directly to adjudication.
Once a postdoctoral fellow enters into a conflict resolution process with the Centre de prévention et d’intervention en matière de harcèlement (the harassment prevention and intervention centre), the time limits for the grievance procedure shall be placed on hold until the Vice Rector reaches a decision.
For the adjudication of any grievances arising under this agreement, four (4) adjudicators have been identified by the Parties: Nathalie Faucher, Denis Gagnon, Denis Provençal and Denis Tremblay, selected on a rotating basis.
The adjudicator’s fees and expenses shall be paid in equal shares by the Employer and the Union.
The adjudicator’s decision is final and is not subject to appeal.
The adjudicator may not add anything to, delete anything from or modify anything in the collective agreement.
If the adjudicator’s decision is not rendered within a reasonable time or is required by the Parties, the Parties may sign a joint letter to urge the adjudicator to render a decision.
The time frames indicated in this chapter must be adhered to. However, they may be extended with the written consent of the Parties.