17. Grievance Procedure

The grievance procedure provides for the settlement of any difference(s) between any employee covered by this collective agreement and the Board, or the Alberta Teachers’ Association and the Board, concerning the interpretation, application, operation or alleged violation of this collective agreement and includes any disputes as to whether the difference is arbitrable. All grievances shall be dealt with as herein provided, without stoppage of work or refusal to perform work.

In the event the grieving party fails to take the necessary action as outlined in working conditions and grievance procedures within the time limits specified, the grievance shall be deemed to be at an end.

Any of the following time limits may be extended at any stage upon written consent of the parties.

Working Conditions

(a) Such difference (hereinafter called “grievance”) shall first be submitted in writing to the secretary treasurer of Lethbridge School District No 51 (hereinafter referred to as secretary treasurer) and to the president of the Alberta Teachers’ Association Local No 41, as the case may be, who in turn submits it to the working conditions committee. The working conditions committee is composed of four Alberta Teachers’ Association representatives (economic policy chairperson, the president of the ATA Local No 41 and two representatives) and four Board representatives (two Board trustees, secretary treasurer and superintendent or designate).

(b) Such written submission shall be made within 15 working days from the date of the incident giving rise to the grievance or from the date the griever first had knowledge of the incident, whichever is later.

(c) Such grievance shall set out the nature of the grievance and the article(s) of this collective agreement which is alleged to have been violated.

(d) Six members of the working conditions committee, (three Board representatives and three ATA representatives) shall be identified as voting members for the purpose as outlined below. A quorum shall consist of six voting members.

(e) The grievance shall be placed on the agenda of the first regular meeting of the working conditions committee following receipt of the grievance by the secretary treasurer and the president of the ATA Local No 41.

(f) If the voting members of the working conditions committee reach a unanimous decision as to the disposition of any grievance, that decision shall be final and binding and the griever shall be so informed by registered letter by the secretary of the working conditions committee within five working days. If the working conditions committee does not reach a unanimous or any decision, the griever shall be so informed by registered letter by the secretary of the working conditions committee within five working days.

If the grievance is of a personal nature, the griever, the secretary treasurer or the president of the ATA Local No 41 will have the right to refer the grievance directly to the grievance committee, rather than having the matter dealt with by the working conditions committee.

Grievance

Members of the working conditions committee shall not be members of the grievance committee.

Either party and/or their representatives may appear before the grievance committee to present an oral and/or written submission.

Within five working days of receipt of the registered letter by the griever, the griever shall notify in writing the secretary treasurer of the Board and the president of the ATA Local No 41 that the griever wishes to refer the matter to the grievance committee.

(a) The grievance committee shall be composed of two representatives of the Board appointed by the Board and two representatives of the Alberta Teachers’ Association appointed by the Local president. A quorum of the committee shall consist of all members. The secretary treasurer and Local president shall notify in writing within two working days the respective party of their grievance committee members.

(b) The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within 15 working days following receipt of the submission and shall dispose of each grievance before proceeding to another, except where, by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding. The grievance committee shall inform the griever of the decision, by registered letter, within five working days.

Arbitration

If the grievance committee does not reach a unanimous or any decision within the said time then either the Board or the ATA may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided.

(a) Such notice must be given within 10 working days after the date of the aforesaid 15 working day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is later.

(b) Each party shall appoint one member as its representative on the arbitration board within five working days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five working days of the appointment of the second of them, appoint a third person who shall be the chairperson. In the event of any failure to appoint a chairperson either party may request the director of mediation services to make the necessary appointment.

(c) The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.

(d) The arbitration board shall not change, amend or alter any of the terms of this collective agreement. All grievances or differences submitted shall present an arbitrable issue under this collective agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this collective agreement or that involves the determination of a subject matter not covered by or arising during the term of this collective agreement.

(e) The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the chairperson governs and it shall be deemed to be the award of the arbitration board.

(f) The arbitration board shall give its decision not later than 10 working days after the appointment of the chairperson provided, however, this time period may be extended by written consent of the parties. Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear jointly and equally the expense of the chairperson.



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