Complaints Grievance and Arbitration Procedure,
and Dismissal For Cause

VI.1

A grievance is a claim by a member or group of members, by the Association or by the Board that there has been a violation, misinterpretation, improper application or faulty administration of the terms and conditions of this Collective Agreement.

 

VI.2.1

Where the procedures expressly established in this Agreement provide for reviews and appeals prior to final decision by the Board, the parties agree that all such procedures shall be utilized in full good faith before any grievance is brought.

 

VI.2.2

When such procedures have produced a decision which has been formally communicated to a member by the President, the Dean, or University Librarian, any grievance alleged by a member against this communicated decision may be submitted as a grievance by the Association to the Grievance Conciliation Panel provided in Article VI.6 below, with formal notice to the President.

 

VI.3 Complaints

 

VI.3.1

Where there are no such procedures provided, the parties agree to use every reasonable effort to encourage informal, amicable and prompt settlement of disagreements likely to lead to grievance arising from the administration of this Collective Agreement.

 

VI.3.2

Informal discussions among the persons directly concerned in the matter giving rise to a complaint alleged to be grievable, covered by VI.3.1, shall commence within fourteen (14) days of when the act or omission giving rise to the complaint has become known or ought reasonably to have become known to the complainant. Such efforts at informal settlement shall not be unreasonably prolonged.

 

VI.3.3

If the informal discussions provided in VI.3.2 fail to resolve the complaint within ten (10) days of their commencement, a grievance may be filed by either of the parties to this Agreement. But where it is a complaint by a member or group of members which is thought to be grievable, the member or members involved, or the Association acting on their behalf, shall at this time first give written notice of this complaint to the President (or designate). The President (or designate) shall respond in writing within ten (10) days of receiving this notice, indicating the Board's response to the complaint.

Such written notice of a complaint thought to be grievable may be submitted by a member or group of members without seeking the consent of either of the parties to the Agreement, and its formulation or presentation, and the President's response thereto, shall not prejudice the way in which the Association or the Board may subsequently state a grievance relating to the matters involved.

 

VI.4 Grievance

 

VI.4.1

Except for the matters covered in VI.2.1, a formal grievance may be filed by either party, and only by them, within fifty (50) days after the act or omission giving rise to the grievance has become known or ought reasonably to have become known, provided that all the informal steps in VI.3.1, 3.2, and 3.3 have been followed.

 

VI.4.2

Formal grievance proceedings shall be initiated in these cases by formal notice of grievance to the other party. The party receiving the formal notice shall make formal answer within ten (10) days of receiving this notice.

 

VI.4.3

The formal Notice of Grievance shall specify, so far as possible, the nature of the matter(s) in dispute, the provision(s) of this Agreement which has(have) allegedly been violated (including reference to past practices or other established authoritative procedures incorporated in this Agreement by articles of inclusion, where appropriate), the manner and date that the matter in dispute became known to the grievor, and the remedy or remedies sought.

 

VI.5.1

If either side is not satisfied with the disposition of the grievance in the formal response to the notice of grievance, it may submit the grievance to the Grievance Conciliation Panel, including a restatement of the claim in the light of the formal exchange, provided that it acts within fifteen (15) days of the receipt of the response provided for, or within twenty-five (25) days of filing formal notice of grievance, where there is no response.

 

VI.5.2

In cases involving a communicated decision at the end of a procedure of reviews and appeals, expressly set forth in this Agreement, the Association if it chooses to file a grievance on behalf of a member, shall file it within twenty (20) days of its being communicated to the member, directly with the Grievance Conciliation Panel, including in the notice of grievance the elements required in Article VI.4.3. A copy of any such notice shall be simultaneously provided to the other party.

 

VI.6 Grievance Conciliation Committee

 

VI.6.1

A Grievance Conciliation Panel shall be constituted within thirty (30) days of the signing of this Collective Agreement and shall consist of six (6) persons: three (3) persons appointed by the Board and three (3) persons appointed by the Association. All members of the Panel shall hold an academic, academic/administrative, administrative, professor emeritus, or professional librarian position or rank at the University. After such appointment, members of the Committee are not "representing" a party, but shall use their independent judgment in attempting to resolve grievances. The members of the Panel shall choose one of their members as Secretary to receive all formal notifications and communications, keep a cumulative record of all recommendations of Grievance Conciliation Committees, and prepare the agenda for periodic meetings of the Panel. These records of the Panel shall be open to the parties.

 

VI.6.2

Each grievance submitted to grievance conciliation pursuant to VI.5.1 or VI.5.2 shall be heard by three (3) members of the Panel, one (1) chosen from the Panel by each party and a Chair chosen by the two (2) conciliators thus selected. If they cannot agree, the choice will be determined by lot.

 

VI.6.3

Terms of individuals chosen for the Panel shall be two (2) years. No person shall sit on the Committee in relation to any grievance which would involve a conflict of interest because of a personal involvement in the matter that gives rise to the grievance. Should a member of the Panel resign, be unable to serve their full term of office, or be disqualified by conflict of interest, then the party or the Panel members who made the appointment, as the case may be, shall name a temporary replacement, as necessary, or for the remainder of that member's term.

 

VI.6.4

A Grievance Conciliation Committee shall begin its inquiries into the grievance for which it was appointed within thirty (30) days after the grievance is referred to it by the Grievance Conciliation Panel, and the Committee shall announce its recommendation within ten (10) days of concluding its inquiries, if possible, and, in any case, within sixty (60) days of the Committee being established.

 

VI.6.5

The following rules and procedures shall be observed by the Grievance Conciliation Committee:

 

VI.6.5.0

It is not intended that the Grievance Conciliation Committee shall possess the powers to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence in the same manner as a court of record in civil cases.

 

VI.6.5.1

Each Grievance Conciliation Committee shall determine its own rules of procedure for its inquiries, provided that it gives reasonable opportunity to the parties to make submissions to it, and permits the parties to be present during all presentations, and to be represented by persons of their choice, if they so choose.

 

VI.6.5.2

The Committee shall give the parties reasonable notice of the meetings for the presentation of submissions. The Committee shall not meet with either party in the absence of the other except with the agreement of the other party.

 

VI.6.5.3

A quorum of the Committee in all its meetings shall be the three (3) members of the Committee.

 

VI.6.5.4

The parties shall have access to all documents which the parties deem relevant to the grievance, and they shall make these documents available to the Committee if they consider them to be pertinent to its inquiries.

 

VI.6.5.5

The parties agree to give full cooperation to these committees in their inquiries, and to use all their authority to secure such cooperation from their members and/or officers.

 

VI.6.5.6

The Committee shall conduct its inquiries in a manner that shall be and shall be seen to be fair and equitable, and all meetings at which the parties are present shall be open unless either party requests their closure.

 

VI.6.5.7

The Committee of the Panel shall render its recommendation, including any minority recommendation or recommendations, in writing, and shall send copies to the aggrieved member, the Association, and the Board, and any other member involved or affected by the grievance. The membership of the Committee of the Panel in process of hearing a particular grievance shall not change until its recommendation is rendered, except with the written consent of the Association and the Board.

 

VI.6.5.8

The records of the Committee shall remain confidential and shall be retained for three (3) years by the Secretary of the Grievance Conciliation Panel.

 

VI.6.6.1

The Committee of the Panel shall confine itself to the grievance submitted to it, and shall have no authority to determine any other issue or issues not submitted to it.

 

VI.6.6.2

The Committee shall not have jurisdiction to amend or add to any of the provisions of this Collective Agreement, nor to give any recommendation inconsistent with the terms of the Collective Agreement.

 

VI.6.6.3

The Committee shall not be barred from dealing with the substance of a grievance because of a technical violation, irregularity or failure to follow procedures in this Collective Agreement.

 

VI.6.6.4

By mutual agreement, the parties may elect to refer a particular grievance to a one-person Conciliation Committee. In such cases, the same procedures shall apply, mutatis mutandis.

 

VI.7.1

Five (5) days after receiving the recommendation, the parties shall meet to ascertain whether they can reach a formal agreement on the basis of the conciliation recommendation.

 

VI.7.2

There may be as many such meetings as the parties desire, provided that a decision by either party to carry the grievance to arbitration cannot be made later than fifteen (15) days after transmission of the conciliation recommendation to the parties.

 

VI.7.3

If a grievance is resolved by the parties prior to arbitration, either on the basis of the conciliation recommendation or otherwise, the Secretary of the Grievance Conciliation Panel will be advised, in writing, of the outcome. If the grievance is referred to arbitration, the Secretary will be provided with a copy of the correspondence referring the matter to arbitration. The Secretary will also be provided with a copy of the arbitration award, within five (5) days of receipt by the parties.

 

VI.8.1

The time limits established by this chapter may be revised by mutual agreement of the parties. By agreement of the parties, the grievances covered by VI.2.2 may be taken directly to arbitration.

 

VI.8.2

No resolution of a grievance shall constitute a precedent in any subsequent arbitration unless there has been a formal agreement signed by both parties.

 

VI.8.3

When there is no formal agreement on the resolution of the grievance at these discussions, the parties may nevertheless agree in writing to narrow the issues for arbitration.

 

VI.9 Arbitration

 

VI.9.1

Any grievance processed in accordance with the grievance procedures may be submitted to arbitration by either party within fifteen (15) days of receipt of the recommendation of the Grievance Conciliation Committee.

 

VI.9.2

The notice referring the matter to arbitration shall specify whether the party giving the notice desires a single Arbitrator or a Board of Arbitration, and if the latter, shall specify the party's appointee to the Board of Arbitration and shall be delivered to the other party in writing who shall within fifteen (15) days advise the other party if they do not wish a single Arbitrator, and, if applicable, the name of its appointee to the Board of Arbitration. The party referring the matter to arbitration shall appoint its nominee within five (5) working days of being advised of the appointee of the other party. It is the right of the Board or the Association to have any grievance referred to arbitration heard by an Arbitration Board rather than a single Arbitrator.

 

VI.9.2.2

Where a single Arbitrator determines the grievance, the following shall apply:

 

1. the parties agree that the following persons serve as single Arbitrators on a rotating basis so long as this Collective Agreement continues to operate:
   

   Kevin Burkett Jane Devlin Pamela Picher Owen Shime

    

2. the persons specified in (a) above shall serve as single Arbitrators in rotation according to the order in which they are listed. If an arbitrator is not available or agreeable to commence hearings within thirty (30) days of being notified of their requested appointment, the next person on the list shall be selected, and so on, until one of those on the list is available. For the next arbitration thereafter, the person who appears on the list immediately after the arbitrator last selected shall be next in the sequence of selection. However, by mutual consent in writing, the parties may select a listed arbitrator out of turn or select an arbitrator not on the list;

    

3. if none of the persons on the list specified in (a) above can or will act within the required time, and if the parties do not agree on another arbitrator in accordance with (b) above, the parties, within fifteen (15) days shall ask the Ontario Minister of Labour to appoint such single Arbitrator;

    

4. where either party chooses to have a three-member Arbitration Board, it shall consist of a nominee from each of the parties and a Chair to be chosen on a rotation basis from the panel of arbitrators provided in VI.9.2.2(a) and in the manner provided in VI.9.2.2(b) and VI.9.2.2(c).

 

VI.9.3

The single Arbitrator or the Board of Arbitration shall determine its own procedures but shall give full opportunity to all parties to present evidence and make representations.

 

VI.9.4

The single Arbitrator or Board of Arbitration shall confine itself to the grievance submitted and shall have the power to amend technical deficiencies of the grievance and modify penalties including disciplinary penalties but shall not by its decision add to, delete from, modify or otherwise amend the provisions of this Agreement, nor shall it decide any other issue than that submitted to it.

 

VI.9.5

No person shall be appointed as an arbitrator who has been involved with or has attempted to negotiate or settle the grievance or who has any other conflict of interest.

 

VI.9.6

Each of the parties shall bear the expense of its appointee, if any, to the Arbitration Board, and one-half (1/2) of the expense of the Chair or single Arbitrator. The parties shall pay their own expense of appearing at the hearing of the Arbitration Board.

 

VI.9.7

Where the grievance concerns a charge of discrimination pursuant to Articles I.2.4.1 or 1.2.4.2 and the grievor demonstrates the existence of a pattern consistent with discrimination, the arbitrator(s) shall require the party against whom the grievance is filed to show that there was no discrimination in fact.

 

VI.9.8

Without limiting the operations of other appropriate provisions of this Chapter, the Arbitrator(s) shall have the power to award compensation, but only to the extent of recovery of monetary losses actually suffered by an individual member or party arising from the proven breach.

 

VI.10 Dismissal for Cause

 

VI.10.1

Dismissal shall be only for just and reasonable cause.

 

VI.10.2.1

Dismissal means the termination of any appointment by the Board without the consent of the member, as follows:

 

1. for tenured members, before the point of retirement established pursuant to this Agreement;

    

2. for non-tenured members, before the end of the appointment period, as specified in their letters of appointment or re-appointment, and/or as provided under the terms of this Agreement.

 

VI.10.2.2

As the sole exception to the definitions stated above, neither layoff nor termination of appointment for reasons of financial exigency, pursuant to Chapter VII of this Agreement, shall constitute dismissal.

 

VI.10.3

Members afflicted by physical or emotional inability to carry out their reasonable duties, upon submission of adequate proof, shall be granted compassionate leave without pay, except as provided in the long-term disability insurance scheme for members or as may be voluntarily granted by the University. Such leave shall not exceed four (4) years unless covered by the long-term disability insurance scheme, except by agreement of the University, the Association and the member.

 

VI.10.4

Dismissal proceedings shall be initiated when the President, upon being satisfied that there appears to be adequate cause to justify a recommendation for dismissal, notifies a member in writing to meet informally and privately to discuss the prima facie grounds for dismissal, no earlier than seven (7) days and no later than fourteen (14) days after receipt of such notification. The President shall advise the Association of the commencement of dismissal proceedings as soon as possible after the notification to the member and prior to any meeting between the President and the member. If agreed by the President and the member, there may be additional informal meetings.

 

VI.10.5

A resignation in writing by a member under threat of dismissal, or in consequence of an action or actions by a representative of the Board in violation of this Agreement, shall not be accepted as a valid termination of the member's appointment if it is formally rescinded by the member within two (2) weeks of its submission.

 

VI.10.6

Up to two (2) other persons may be present whom the President considers useful to such discussion, and the member shall be accompanied by a personal advisor and/or a representative of the Association.

 

VI.10.7

At the informal meeting(s), the prima facie grounds for dismissal shall be informally reviewed, to ascertain whether there is an agreed alternative to carrying forward dismissal proceedings.

 

VI.10.8

If the President remains satisfied after the meeting(s) that there is adequate cause to justify recommending dismissal, or if the member, having a reasonable opportunity to meet with the President within the time limits of VI.10.4 fails to appear for an initial meeting within the time limits set above and the President remains satisfied that there remains adequate cause to justify recommending dismissal, the President shall notify the member and the Association in writing of the grounds for dismissal alleged against the member no later than twenty-one (21) days after the last of the meetings that may have been agreed to by the member and the President under VI.10.4, or, if there were no meetings, after the time limits for such meetings provided in VI.10.4.

 

VI.10.9.1

The grounds for dismissal in such a notification shall be stated in sufficient detail to allow the member to prepare a defence, and the provisions of this Agreement thought to apply shall be expressly quoted.

 

VI.10.9.2

No later than twenty (20) days prior to the commencement of the arbitration hearings, the member may request additional particulars of the grounds for dismissal as specified in such notice, and the President shall supply the same no later than ten (1O) days after such request.

 

VI.10.9.3

No later than twenty (20) days prior to the commencement of the arbitration hearings, the President may clarify in writing the initial statement of grounds for dismissal.

 

VI.10.9.4

The statement of grounds as provided for under VI.10.8 and restated as provided under VI.10.9.2 and VI.10.9.3 shall constitute the final notification of grounds for dismissal.

 

VI.10.10

Failure of the President to provide the required notification within the designated time shall terminate the dismissal proceedings, unless the delay of notification shall have been occasioned by circumstances beyond the President's control.

 

VI.10.11

If the proceedings are terminated at this or subsequent stages, the President shall not reinstitute dismissal proceedings based on the evidence constituting prima facie grounds for dismissal which led to the initial meeting or, where proceedings end after final notification, on the specific charges there detailed, provided that the Arbitration Board has the power to amend technical deficiencies of the dismissal proceedings.

 

VI.10.12

The member may terminate the proceedings at any time by resignation. If the resignation is submitted after formal convening of the Arbitration Board, it shall take effect immediately, notwithstanding the provisions of VI.10.5.

 

VI.10.13

Where the termination of proceedings comes about as a result of a formal agreement by a member to certain conditions which are themselves consistent with this Agreement, failure to adhere to such terms may be included among grounds for dismissal in subsequent proceedings. Such special agreement of conditions shall be in writing and shall be signed by the member only after approval by the Association that the conditions appear to be consistent with the Agreement.

 

VI.10.14

Following commencement of dismissal proceedings, a member shall be relieved of all duties under the provisions of IV.1 of this Agreement, until dismissal proceedings are terminated.

 

VI.10.15

Within thirty (30) days after notification of grounds for dismissal, there shall be established an Arbitration Board to determine whether there is just and reasonable cause for dismissal.

 

VI.10.16.1

The onus lies on the President to establish just and reasonable cause, and the evidence to be presented shall be limited to the grounds stated in the final notification of grounds.

 

VI.10.16.2

The President and the member shall advise each other in writing of the documentary evidence upon which each relies and produce copies of such documentary evidence to the other five (5) days prior to the commencement of the arbitration hearing.

 

VI.10.16.3

Student evaluations completed and prepared in accordance with written University procedures in effect at the time of such evaluations shall be accepted as prima facie evidence without requirement of oral substantiation from students. Peer evaluation of the member by committees under University procedures in effect at the time of such evaluation shall be accepted as prima facie evidence without requirement of oral substantiation from members of those committees.

 

VI.10.17

The Board shall make its nominee for the Arbitration Board at the same time as its notification of grounds as provided in VI.10.8, as in a notice taking a grievance to arbitration, pursuant to Article VI.9.2, and the Board shall notify the Association when it notifies the member.

 

VI.10.18

If the Association agrees to take the part of the member in the establishment of an Arbitration Board, the Association shall so notify the President and the member within ten (10) days of the receipt of notification of grounds for dismissal, as provided for in VI.10.8. If the Association has not acted to nominate a member of the Arbitration Board within ten (10) days of their statement of willingness to do so, the President shall notify the member.

 

VI.10.19

If the member notifies the Association within five (5) days of receiving notification of grounds for dismissal, as provided for in VI.10.8, that representation by the Association is not requested, or if the Association does not agree to take the part of the member in the establishment of an Arbitration Board, the member may act independently in establishing and pursuing the arbitration. In such event, the member shall possess all the rights and obligations assigned in these provisions to the parties.

 

VI.10.20

If neither the Association nor the member subject to dismissal proceedings has acted to nominate a member of the Arbitration Board within thirty (30) days of the receipt of notification by the member of grounds for dismissal, as provided for in VI.10.8, the President may proceed to recommend dismissal of the member, upon five (5) days' additional notice to both member and Association. The President shall not unreasonably refuse a request from either Association or member subject to dismissal proceedings for a further delay of up to ten (10) days before final action is taken. Failure by the Board to nominate an arbitrator terminates the dismissal proceedings.

 

VI.10.21.1

The Arbitration Board in dismissal proceedings shall be governed by all the principles which apply to an Arbitration Board established to determine a grievance pursuant to VI.9.

 

VI.10.21.2

If the Arbitration Board finds just and reasonable cause for dismissal, it may in its discretion award a sum not to exceed six (6) months' salary to a member upon dismissal, and the President may proceed to recommend the member's dismissal to the Board. No further action can be taken by the member.

 

VI.10.22

Under VI.10, notification to the member shall be deemed to have been given if such notice is conveyed by personal service or sent by registered mail to the individual's last known address shown on University records. Notification under VI.10 will be deemed to have been received on the date of personal service or on the seventh (7th) day (exclusive of Saturdays, Sundays and recognized holidays) following the date of mailing if sent by registered mail.

 

	Title Index
Chapter	I, II, III, IV, V, VI, VII, VIII
Schedule	A, AA
Appendix	A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P
Signatures