The arbitrator or management is only empowered to interpret the agreement as written. They are not allowed to amend, modify, add or withdraw provisions of the agreement. Jobs with union representation often present themselves to an employer on behalf of an individual worker application. According to the Union of Northern Workers, “Complaints are filed by the union on behalf of its members. Most union complaints are filed on behalf of individual workers (individual complaints) or on behalf of a group of workers (group complaints). A third type of complaint is a political complaint that deals with issues that affect all staff members.  No, since the agreement is reached between management and the union and not between individual workers. If a worker breaks the contract, such as overtime, without being paid, the complaint is directed against the employer. Or, when an employee sexually harasses an employee, the complaint is directed against the employer because it does not protect the employee from sexual harassment. In the event of a dispute over one aspect of a collective agreement, a worker or union can file an appeal. As a general rule, these issues can be resolved through an arbitration procedure on the basis of the terms of the agreement. Our firm has extensive experience representing clients in these matters.
If your employer does not behave in its own policy and redress procedure, it should be expected to follow the consequences set out in the CASA Guide to Disciplinary and Appeal Procedures. A union remedy may involve a dispute that arises directly between the parties to the collective agreement. Thus, the union would be in mourning in its own case if management does not deduct the union taxes set out in the collective agreement. In these cases, the union complaint is a complaint in which the union believes that its rights are being violated and not just the rights of individuals in the local union. In addition, the union, as a party to the collective agreement, has the right to settle a claim on behalf of a worker. This power of the union also reflects the fact that the social partners, i.e. employers and the union, have a lasting relationship that will suffer if the union makes unworthy claims or respects unrealistic positions. There is no general requirement for the grievor to accept an agreement, but in practice the union should inform the afflicted of the terms of a proposed settlement and allow the afflicted to express its opinion on the matter. However, a union may terminate the worker`s position if it does so for valid reasons, for example.B. if it believes that the proposal is as good as what could be obtained in the event of arbitration or if the worker is inappropriate.
In the case of unions, a normal claim procedure is opened when an employee presents a problem to his or her immediate supervisor. The supervisor then has some time to react or degenerate the complaint to the head of the department or to another supervisor. Take a look at the examples of unprejudiced letters and letters of complaint in our model lists.