ARTICLE 13 ‑ GRIEVANCE PROCEDURE
PREAMBLE: It is the desire of the parties to this Agreement that grievances be settled promptly. An employee who feels s/he has a grievance should first attempt to adjust it with a Supervisor. The employee may be accompanied by a Union representative.
13.01 For the purpose of this Collective Agreement, the word grievance means all differences concerning the interpretation, application, administration, or alleged violation of the Collective Agreement.
13.02 Grievances under this Article may be initiated by any employee, or group of employees, who consider themselves aggrieved, or by the Union, provided such grievance is filed within a period of sixty (60) days after the grievor would reasonably have knowledge of such grievance.
13.03 Grievances of a general or policy nature may be initiated by the Union at the appropriate higher level of this procedure depending on the nature and scope of such grievance.
13.04 Where no satisfactory settlement is obtained through the discussion with a supervisor, a grievance may be initiated by the Union in writing at Step I and subsequently appealed through the next steps if no satisfactory settlement is obtained. The grievance steps are:
Step I: In‑Flight Service Base Director/Manager, or his/her designated representative.
Step II: Senior Director, Labour Relations, or his/her designated representative.
NOTE: Notwithstanding the foregoing, for grievances involving crew resource utilization, Step I will be the Manager, Crew Resource Utilization, or his/her designated representative.
13.04.01 Upon mutual consent by the Union and the Company, Step II grievances may proceed by way of a mediation process, with the cost to be shared by the Union and the Company equally. The Union and the Company may agree to empower the mediator to arbitrate the matter.
13.05 Where the procedures outlined in Article 13.04 have been exhausted, the Union may, except for those matters, which have been resolved through mediation/arbitration as outlined in 13.04.01, initiate the arbitration procedure in accordance with Article 15 within ninety (90) calendar days of receipt of the final Company decision of a grievance provided for in Article 13.01.
13.06 The following time limits shall apply to all steps specified in Article 13.04:
13.06.01 A hearing shall be held within thirty (30) days of receipt by the Company of written notice of a grievance.
13.06.02 All decisions shall be rendered within fifteen (15) days of the hearing and shall be communicated in writing to the parties concerned including the Union: The grievor(s), the relevant Local President(s) and the Component President.
13.06.03 Failing a decision at step II of the grievance procedure within the time limits provided for under article 13.06.02, the grievance will be deemed to have succeeded without prejudice or precedent value.
13.06.04 Appeals must be lodged in writing within fifteen (15) days of receipt of any decision.
13.06.05 All appeals lodged in accordance with Article 13.06.04 which have not been submitted for disposition under Step II of the grievance procedure within thirty (30) days after the expiration of the time limits provided for under Article 13.06.04 shall be considered null and void.
13.06.06 Time limits will be exclusive of Saturdays, Sundays and statutory holidays and may be extended by mutual agreement in writing.
13.06.07 Any decision not appealed within the relevant time limits shall be final and binding on the parties concerned.
13.07 All employee witnesses called by the Union shall be granted time off subject to the requirements of the service and shall be provided with space available transportation to and from the hearing.
13.08 Upon request, either party shall provide the other party with copies of all documents relative to the grievance.
13.09 At Steps I and II of this procedure, the employee and his/her Union representative shall be given the full opportunity to present evidence, make representation and present, examine or cross‑examine witnesses.
13.10 The Union shall designate a Grievance Committee composed of a maximum of three (3) members for the purpose of presenting grievances at the Step II Level.
13.11 A listing of the grievances to be presented must be sent in writing to the Company representatives at Step II of Article 13.04 at least seven (7) days in advance of a hearing.
13.12 Flight releases for the Union Grievance Committee will be provided in accordance with Article 20.01. Travel for members of the Union Grievance Committee will be provided in accordance with Company regulations.