OSSTF District 19
A grievance is:
All differences between the parties arising from the interpretation, application, administration or alleged contravention of the agreement, related legislation or relevant past practices.
Interpretation:
Where contract language is subject to more than one meaning
Application:
To whom in the Bargaining Unit does a particular clause apply? For example, does a clause in our agreement pertaining to part-time employees apply to members on modified work?
Administration:
Where a Board contracts to handle an aspect of the collective agreement and fails to do so. Example Article 23.12 Method of Payment sub-section d) Deductions Schedule is not being followed.
Alleged Contravention:
Board acts against the language of the collective agreement. Example, teacher not assigned a lunch period or a teacher is assigned 2.5 classes semester one and 4 in semester two rather than the 3.5 and 3 as stipulated.
A grievance is not:
A dispute between two members concerning a personal or professional behaviour. This type of issue is dealt with under Article 5 of the Bylaws of the Federation and is handled both at the local and provincial level by mediation.
OSSTF has a duty to provide fair representation. The Grievance Officer will want all relevant information in order to be able to represent the member. This duty is a natural outcome of the right to bargain collectively. A bargaining unit will have been unfair if it can be shown that its decision was arbitrary, discriminatory or in bad faith.
Most charges of failure to provide fair representation have involved an allegation that the bargaining unit did not provide a member with full and fair access to the grievance procedure. A member does not have an absolute right to have a grievance taken to arbitration. The bargaining unit has the right to weigh the merits of the proposed grievance against such considerations as the cost and its potential negative implications for the bargaining unit as a whole.
However, one tribunal has ruled that the mere desire to maintain the goodwill of the employer is not a sufficient reason for not grieving on behalf of a member who was disciplined.
To avoid a charge that action was arbitrary or in bad faith, a bargaining unit should be able to show that the facts were presented to the elected decision makers, that expert advice was obtained and that there were reasons for the decision that was reached. To avoid a charge that action was discriminatory, a bargaining unit should establish a process for handling grievance requests, which includes an appeal procedure, and follow the process in every situation.
While the legal duty of fair representation may be fairly new, the tradition of OSSTF providing the best and fairest possible service to all it members is certainly not new.
Our Agreement with the Peel District School Board provides the steps for the Bargaining Unit to grieve on behalf of the member. To see the information from the contract that is applicable click here.
At District office we are most often asked the following questions
and we have answered them in order to assist the member.
Q: Who owns the grievance?
A: Regardless of the prominence that might e given to the individual in the grievance procedure, the Bargaining Unit must ultimately claim ownership.
Q: Is the handling of my grievance the exclusive responsibility of the union?
A: Yes. If a union decides to accept your grievance, it has the responsibility of processing it through the steps in the grievance procedure that are set out in the collective agreement.
Q: What rights do I have with respect to my grievance?
A: You have the right to have the matter honestly considered by the union.
Q: Can I insist that my grievance be processed on to arbitration?
A: No. The union makes the final decision on how far a grievance should be processed, and whether or not a grievance should go to arbitration.
Should you have any further questions regarding any of the material presented here, please feel contact Michelle Large at (905) 564-7255.
