LETTER OF UNDERSTANDING NO. 44:
GRIEVANCE PROCEDURE
Between:
Canadian Union of Public Employees,
Air Canada Component
(the “Union”)
– and –
Air Canada
(the “Company”)
WHEREAS the parties recognize the necessity to reduce the number of overall grievances and resolve grievances in an accelerated and timely manner in order to improve labour relations;
AND WHEREAS the parties agree to implement a modified grievance/arbitration procedure for the duration of the current collective agreement (term: June 1, 2003 to May 31, 2009);
AND WHEREAS this modified grievance/arbitration procedure will take precedence over the collective agreement articles that if affects directly;
NOW THEREFORE, the Company and Union agree to the following:
1. Where no satisfactory settlement is obtained through the discussion with a supervisor, an individual or policy grievance may be initiated by the Union in writing. Upon the filing of a grievance a copy will be sent to the office of the chief Arbitrator. The parties will process the grievance through the following grievance procedure within a 30 day period:
Level 1 Grievances: Individual Grievances involving crew resource utilization shall be sent to the Manager, Crew Resource Utilization, or his/her designated representative. All other individual grievances shall be sent to the In‑Flight Service Base Director/Manager, or his/her designated representative.
Level 2 Grievances: Policy Grievances shall be sent to the Senior Director, Labour Relations, or his/her designated representative.
2. The parties will process Level 1 and 2 grievances within 30 days of the grievance being filed. Unless the parties agree otherwise, all grievances will be heard at only one level in the grievance procedure above.
3. All grievances will be copied to the office of the Chief Arbitrator.The Chief Arbitrator shall review with the parties all grievances filed during a monthly review.
4. Grievances will be placed on the first monthly review list following the expiration of 30 days from the date the grievance was filed.
5. The monthly review list will categorize the grievances as follows:
- a. grievances already settled;
- b. grievances settled at the monthly review;
- c. grievances returned to the parties for further discussion;
- d. grievances referred to a pre-hearing officer;
- e. grievances referred to an Arbitrator.
6. Pre-hearings will be mediations designed to settle the grievance or, failing settlement, ensure that the issues are fully understood by the parties. The parties will supply the pre-hearing officer with a brief prior to the mediation setting out the facts and submissions. The pre-hearing officers shall be the following:
Gerald Charney;
Reva Devins;
Jules Block.
7. The Chief Arbitrator will attempt to determine how long an arbitration is likely to take.
8. Arbitrations will be conducted in accordance with Article 15, however examinations-in-chief will be replaced by a written statement from each witness which are to be exchanged in advance.
9. Cross examination and reply will proceed as usual.
10. The parties will supply the Arbitrator with a brief which will concisely set out the basis of the grievance and the basis of the denial, the facts, submissions and witness statements. Authorities may also be included.
11. The following Arbitrators will be assigned grievances by the Chief Arbitrator:
Michel Picher
Claude Foisy
Mort Mitchnick
Russell Goodfellow
Owen Shime
Ken Swan
Donald Carter
12. The Arbitrator shall provide brief written reasons with every award.
13. The parties will share equally in the cost of pre-hearings, mediations and/or arbitration. Should an Arbitrator hear more than one case in a day involving different Unions, costs will be apportioned between the Unions.
Andrew Torriani Pamela Sachs
__________________________ ____________________________
For: Air Canada For: CUPE
Date: Date: March 17, 2005