Navigating disputes in the public sector workplace can be complex. For public sector unions, grievance arbitration is a crucial tool for resolving these disputes. Here at Watson Jacobs Bosnick LLP, our team of experienced labour lawyers has over 40 years of experience helping public sector unions achieve successful outcomes through grievance arbitration. This guide will equip you with a clear understanding of the grievance arbitration process.

What is Grievance Arbitration?

A grievance is a formal complaint alleging a violation of the union's collective agreement with the employer. Grievances can take various forms, including individual grievances filed by a single member, group grievances filed by multiple members experiencing the same issue, union grievances initiated by the union itself on behalf of its members, and policy grievances that address broader issues affecting the entire workforce or labour relations. 

Grievance arbitration is a process where a neutral third-party arbitrator makes a binding decision on the dispute. This decision is final and enforceable, offering a clear resolution for both the union and the employer.

The Grievance Arbitration Process:

The specific steps of the grievance process can vary depending on the collective agreement and the governing legislation. However, a typical grievance arbitration process often follows these steps:

  • Informal Resolution: Most collective agreements encourage attempts at informal resolution before a formal grievance is filed. This may involve discussions between the employee, union representative, and a supervisor.

  • Formal Grievance Filing: If informal resolution fails, a formal grievance is filed with the employer outlining the specific violation alleged and the remedy sought.

  • Grievance Steps: The grievance will then progress through a series of steps outlined in the collective agreement, which may involve meetings, presentations, and exchange of information.

  • Referral to Arbitration: If there is no resolution in the step process, the union will formally refer the grievance to arbitration within the time limits specified in the collective agreement.

  • Arbitrator Selection: If a resolution cannot be reached through the grievance steps, then arbitration is selected. The union and employer typically agree on an arbitrator from a pre-selected list or jointly appoint one.

  • Arbitration Hearing: Both the union and the employer present their evidence and arguments to the arbitrator at a formal hearing.

  • Arbitration Award: The arbitrator will then issue a written decision (award) that is final and binding on both parties.

Key Considerations for Public Sector Labour Unions

  • Understanding the Collective Agreement: A thorough understanding of the specific provisions in your collective agreement is crucial for identifying potential grievances and building strong and winning arguments.

  • Time Limits: Most collective agreements have strict time limits for filing grievances. Ensure grievances, along with all relevant documents and witness interviews, are filed promptly to avoid any procedural issues.

  • Evidence Gathering: Strong evidence is key to a successful grievance. This may include witness statements, relevant documents from the collective agreement, or company policies.

  • Union Takes Charge: The union representatives will guide grievors through every step of the grievance process. Their expertise ensures members' rights are protected and the grievance moves efficiently through all stages. Additionally, the union may retain legal counsel to assist.

Watson Jacobs Bosnick LLP: Your Trusted Partner in Grievance Arbitration

At Watson Jacobs Bosnick LLP, we are dedicated to protecting the rights of public sector unions and their members. Our team of experienced labour lawyers has a proven track record of success in grievance arbitration and other labour law matters.

If you and your members are in a dispute with an employer, we can guide you through all of the stages. Watson Jacobs Bosnick LLP is your valuable resource to aid you up to and including representation at arbitration. To get in touch with us, please click here or call us at (416) 226-0055/(519) 663-2296