Chief Grievance Officer: Kevin McPhail
Chair: Jared Melvin
Members: Don Currie, Keith Hampe, Harpinder Sandhu

Unresolved Grievances

Policy Grievance – Acting Period Nanaimo

We claim they have violated the Collective Agreement and past practice by attempting to institute a new policy to avoid the requirement for Union agreement for acting positions greater than three months in duration.

We request that the employer rescind this new policy and follow the existing language of the Collective Agreement.

Status: Held in abeyance pending further joint discussion. Now to be resolved through bargaining.

Failure to Post Director Positions

We claim the Employer has violated the Collective Agreement by failing to post two excluded positions (Director Legal Services and Director Communications and Government Relations) and awarding them to two excluded employees. Two excluded positions were eliminated and two new positions were created. Specifically section 16.02 states: “In addition, job vacancies occurring outside the bargaining unit shall be posted prior to filling to enable interested bargaining unit employees to apply.” By failing to post members were denied an opportunity at a senior excluded position.

The employer countered saying that in fact these positions are not new but actually the result of two excluded members having their job description added to, in effect a reclassification. Therefore there were no vacancies to post as well it was unlikely that any BU staff would have been qualified for either position… Furthermore, the job description hasn’t yet been created or is still being created.

Status: This grievance was elevated to arbitration. Chris Sullivan selected as the arbitrator Dec 11, 2012. There is currently no date set for Arbitration.

Medical Accommodation

We claim the Employer has violated the Collective Agreement by excessively scrutinizing the work of a member, requesting them accept pay below their current salary and not accommodating them in the workplace.

We request a medical accommodation from the employer in the workplace with no loss of pay or benefits.

Status: The grievance was denied at step 3 and has been elevated to arbitration.

Excessive Discipline (Capital)

We claim the employer has violated the Collective Agreement by suspending a member without pay for one week despite their discipline-free employment record. We claim the employer denied our member the rights and privileges afforded them in the Collective Agreement.

We request the employer reinstate the five days with all wages and benefits that would have been accrued during that time and remove discipline from their personal file.

Status: Denied at Step 3. This grievance was elevated to arbitration

Policy Grievance – Acting Period Prince George

We claim they have violated the Collective Agreement and past practice by attempting to institute a new policy to avoid the requirement for Union agreement for acting positions greater than three months in duration.

We request that the employer rescind this new policy and follow the existing language of the Collective Agreement.

Status: Held in abeyance pending further joint discussion. Now to be resolved through bargaining.

Policy Grievance – Acting Period Capital

We claim they have violated the Collective Agreement and past practice by attempting to institute a new policy to avoid the requirement for Union agreement for acting positions greater than three months in duration.

We request that the employer rescind this new policy and follow the existing language of the Collective Agreement.

Status: Held in abeyance pending further joint discussion. Now to be resolved through bargaining.

Resolved Grievances

Wrongful Dismissal (Vancouver)

We claim the Employer has violated the Collective Agreement by dismissing a member on a graduated return to work. We claim the employer denied our member the rights and privileges afforded them in the Collective Agreement.

We request the employer reinstate the member to their former position with all wages and benefits that would have accrued from the date of termination.

Status: This grievance is resolved to the mutual agreement of the grievor and the Employer.

Probation Period

We claim the Employer has violated the Collective Agreement by not taking into account time worked as an Appraiser Trainee when it calculated a member’s time for remaining probation.

We request the employer account for the members time spent while in the position of appraiser trainee while calculating the time remaining on probation.

Status: The union has withdrawn its grievance as the employer proposed a resolution that met the union’s satisfaction.

Wrongful Dismissal (South Fraser)

We claim the employer has violated the Collective Agreement by terminating an employee. By using this as a form of excessive discipline, the employer denied the rights and privileges afforded the employee in the Collective Agreement.

We request the Employer reinstate the employee to their former position with all wages and benefits that would have accrued from the date of termination.

Status: This grievance is resolved to the mutual agreement of the grievor and the Employer.
M/S/C

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