Chief Grievance Officer: Kevin McPhail
Chair: Jared Melvin
Members: Don Currie, Mandeep Mahanger, Harpinder Sandhu, Donna Murray
Unresolved Grievances
Failure to extend – Fraser Valley
An employee was informed that they wouldn’t be extended in their temporary role. Several others in the office were extended but not the one member. As the area rep was notified at the 11th hour we filed a grievance to allow for more time to investigate the issue.
Status: Prior to presenting at step 1 we are continuing to investigate the issue.
Second Doctor’s Note Requirement for Sick Leave – Kelowna
An employee is returning from sick leave and has already provided the employer with a sick leave note. The employer requested our member to provide a second note from a licenced medical practitioner even though our member had already provided the initial note.
We request that the employer refrain from similar requirements in the future. In addition we ask that the employer compensate our member for any and all additional costs associate with acquiring a second note from a licenced medical practitioner.
Status: The grievance was presented and denied at step 1. It has been elevated to step 2.
Reduction in Pay – Capital
An employee returned from Short Term Disability and is on a graduated return to work schedule supported by their medical practitioner. Upon receiving the graduated return to work schedule the employer reduced the pay of the employee as a result of the schedule because they cannot currently do all the duties they were hired to do while they gradually return to full time hours.
We request the Employer change this practice and reinstate their pay back to the level for a Senior Appraiser while they complete their graduated return to work schedule. In addition, we claim damages for injury to their dignity pursuant to the BC Human Rights Code.
Status: This grievance was heard and denied at step 1. It has been elevated to step 2.
Letter of Expectation – Surrey
An employee was given a Letter of Expectation which we feel is excessive and borders on discipline in that it fails to take into account the heavy work load of the employee and insufficient training leading up to the assignment to that team. We're working with the employee to determine which areas of the letter of expectation should be removed or re-worded to reflect the actual work performed.
We request that the Employer rescind the letter of expectation.
Status: This grievance has been heard and denied at step 1. It has been elevated to step 2.
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 feel the employer has not proven that blue jeans are detrimental to the business especially when they are worn in many offices around the province.
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 with proposed dates in June 2015.
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. After spending many hours in the last round of bargaining fine-tuning the LTFT language the employer had wanted to change the title to 'part-time' and your union held firm saying we have no part time workers. Your union has discovered that quietly the employer has been doing just that, hiring workers on a part time basis when we bargained against this. We are alarmed at this action and what it could result in. We don't want to see the Safewayization of BCA
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. Our member has never worked longer than the 7.75 hour shift however this year at PARP time, rather than asking the member to work longer hours, it was demanded that he work an 8.5 hour shift. Seeing the language talks about the need to have mutual agreement we are troubled at the employers insistence that they can make our members work any hours they 'require' for operational needs.
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.
Failure to Post Director Positions (Head Office)
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.