Labour Terms 3

Front 1

Due Process

Back 1

the natural justice concept that says a disciplinary decision can not be made that affects an indivudal unless it is for just cause and until they have had a chance to know why they are being disciplined, have had access to fair representation, have been able to present evidence and rebut charges, have been provided with reasonable privacy throughout the proceedings, and there has been impartial fact finding, the decision is made objectively and fairly and there is freedom from retialation

Front 2

Grievance Procedure

Back 2

four step process that allows an employee or union, to grieve what they belive has been a violation of the agreement or unjust treatment by management

1. oral p0resentation to first level management

2. subsequent presentation to higher level of management (if dissatisfied with decision

3. time limited are set for how long management can deliberate and make decision on the grievance

4. referring the grievance to a third party arbitrator to render a binding decision

Front 3

Policy Grievance

Back 3

a grievance brought foward by the union on what it believes to be a policy violation of the agreement and has an effect on multiple employees or the whole of the bargaining unit

Front 4

Binding Arbitration

Back 4

requirment by law to have a provision for dispute resolution - a quasi judicial process that involves presetation by counsel, testimony, rules of evidence, cross-examiniation etc. that one would see in a court proceeding.

the process results in a written decision by the arbitrator on the issue presented

Front 5

Rights Arbitration

Back 5

refers to the use of an independent third party to adjudicate a dispute arising from the interpretation of the collective agreement

Front 6

Interest Arbitration

Back 6

refers to negotiating a collective agreement

Front 7

Expedited Arbitration

Back 7

a process whereby a 3rd party arbitrator renders decision on disputes without the use a formal hearing, rules of evidence and examiniation, and the writing of a fromal award.

It does not result in precedent setting decisions as they don't normaly result in formal written decisions

Front 8

Med-Arb

Back 8

a dispute resolution process whereby the dispute is first mediated by a third party and if a resoluation cannot be found through mediation then the third party acts as an arbitrator and makes a binding ruling on the dispute

Front 9

Alternative Dispute Resoluation

Back 9

a term used to cover a variety of methods to resolve disputes between labour and mangement other than the use of force or power. It is most assoicated with collaborative methods such as conciliation, mediation arbitration, peer or ombuds-person review, independent fact-finding and interest -based issue negotation

Front 10

Agreed Statement of facts

Back 10

as part of the dispute resolution process that has resulted in arbitration, the union and management maybe determine that in the interest oft time and cost saving they will present to the arbitrator an agreed statement of facts concerning the issue being arbitrated

Front 11

Jurisprudence

a.k.a. Common Law of the Workplace

Back 11

a body of past arbitration decision that exists in Canada

acts as a guide for the administration of collective agreements

Front 12

Duty of Fair Represenation

Back 12

a provision in legistlation that requires the union as bargaining agent to represent members of the bargaining unit in a fair and honest manner and without bias or prejudice

Front 13

Job Control

Back 13

a strategy used by unions to take control of a job by defining the scope of work that can be done, the qualifications required and training requirements to ensure that only individuals who are in that job classification can do the work

Front 14

Estoppel

Back 14

not practicing a negotiated condition of employment can cause the condition to become null and void,

where a union insists on the conitinuation of the practices the employer from changing the practice because in effect the employeee has acquired the right, even though it is contrary to the provision of the collective agreement

Front 15

Arbitrators

Back 15

have the final right of interpretation if a dispute arises reguarding the meaning of an article in the agreement

Front 16

Steps in handling complaints and grievances

Back 16

- investigate each case as if it might lead to arbitration

- keep an open mind, ensure a fair hearing in the prescence of a shop steward

- visit and inspect work area and seek witnesses

- review previous complaints and grievance history

- keep good written notes of meetings (document everything)