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

Unresolved Grievances

Letters of Expectation – Prince George

We claim that the employer acted in an unfair and arbitrary manner by giving letters of expectation to individuals without being able to provide examples of the behaviours they were accused of.

We request that the Employer rescind the letters of expectation.

Status: This grievance was heard at step 1.

Policy Grievance – Dress Code

We claim the employer has violated the Collective Agreement by allowing some offices to institute a ban on wearing blue jeans at work.

We request the managers of worksites which have a no blue jeans policy publicly rescind it and conform to the corporate Workplace Attire policy.

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

Policy Grievance - Temporary Part Time

We claim the employer has violated the Collective Agreement by hiring or having hired an employee working less than full-time hours when the Collective Agreement only allows less than full-time hours for permanent employees.

We request that the Employer cease and desist from employing temporary employees on a less than full-time basis, and that the Employer make all employees who have not been provided with regular full-time hours whole.

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

Hours of work – Kelowna

We claim the employer has violated the Collective Agreement by denying the grievor’s request to work normal hours as defined in article 18.01.

We request that the employer allow the grievor’s request to work normal hours. In addition we ask that the grievor be compensated for overtime hours worked as a result of this denial.

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

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.

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.

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.

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 been elevated to arbitration and an arbitrator has been proposed.

Excessive Punishment

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

Resolved Grievances

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

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.

Wrongful Dismissal

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