Dispute Resolution Process

Description

AMAPCEO's collective agreement contains a process for resolving disputes in the workplace that has been designed to encourage informal resolutions of complaints both before the complaint is formally disputed and during the formal dispute resolution process itself (see article 15 of the Collective Agreement).

Another significant piece of the process is that individual members of the bargaining unit may file a complaint at Stage One of the process, however, in order for it to continue through the next steps of the dispute resolution process, AMAPCEO must agree to the complaint moving forward to the next stages.

Details

Informal Resolution 

Upon becoming aware of a working condition or term of employment which could give rise to a dispute, AMAPCEO bargaining unit members are urged to, wherever possible, work with their local AMAPCEO Workplace Representatives and employer representatives to resolve the dispute at a local level, before the dispute becomes formal. In order to foster a harmonious and productive working environment, informal resolution of workplace disputes can be pursued even after the formal resolution process has been triggered.  

Formal Resolution - Stage One 

To trigger the formal dispute resolution process, the complainant or complainant must file his/her dispute within 30 days of becoming aware of the working condition or term of employment giving rise to the dispute.  

The dispute process is initiated at Stage One by sending an AMAPCEO Dispute Resolution Form, available from a Workplace Representative or an AMAPCEO Workplace Advisor (WA), to his/her manager outlining the complaint. A copy of the form must be faxed to AMAPCEO's corporate office (416) 340-6461 and a copy should be provided to the local workplace representative.  

The manager must meet with the complainant and give his/her response in writing to the complainant within 7 days of receiving the complaint.  

Formal Resolution - Stage Two 

If the complainant is not satisfied with the Manager's response and wants to proceed with his/her dispute beyond stage one, the complainant must contact AMAPCEO, either through his/her Workplace Representative or directly to a Workplace Advisor, to make a request that the Association initiate Stage Two of the dispute process. It is at this stage that the carriage of the dispute moves from the individual complainant to AMAPCEO. In other words, it will be AMAPCEO's decision and responsibility to move a dispute forward after Stage One.  

The decision to move a dispute forward after Stage One will be made through a peer review of the dispute. See AMAPCEO Internal Peer Review of Workplace Dispute Decision and Appeal Processes.

Should AMAPCEO decide to carry a dispute forward to Stage Two, a Dispute Resolutions Officer (DRO), will represent the complainant in the Stage Two process with the employer.

AMAPCEO has 20 days after receiving the response at Stage One (or after the 7 day time limit has expired and the manager has not responded ) to submit the dispute in writing to the manager for transmittal to the designated management representative.  

Within 15 days of receiving the submission of dispute, a designated management representative must meet with the complainant and an Association representative.  

Within 7 days of the meeting the designated management representative must give a decision in writing to the employee and Association representative.  

Arbitration 

Within 15 days of receiving the response at Stage Two (or the 7 day time limit is up), the Association, on behalf of the employee, may submit the dispute in writing to the Grievance Settlement Board for arbitration.