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GRIEVANCE - USW Local 7619 | Teck Highland Valley Copper Mine
GRIEVANCE

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GRIEVANCE  COMMITTEE

Your Local Union established a Grievance Committee in order to make sure the rights of our members at the Highland Valley Copper Mine are upheld and protected, as per our Collective Bargaining Agreement. If you are interested in being a part of this committee, please contact the Committee Chair or the Union Hall at 250-828-2860 for more information on how to be a Shop Stewards, our next training schools, etc.

To View The Current Grievance Committee List, CLICK HERE

GRIEVANCE LANGUAGE – PROCEDURE FOR SETTLING DISPUTES

5.01

(a) The parties agree that it is desirable that any complaints or grievances should be adjusted as quickly as possible. Employees are therefore urged to try to settle their complaints with their Supervisor as soon after they originate as possible.

(b) The Company is willing to meet any of its employees, or their representatives, for the purpose of discussing grievances or complaints with the object of reaching a satisfactory solution. In the event of any meeting between any employee(s) and Company representatives that occurs during working hours, such employee(s) shall be paid their hourly rate as defined in Article 19, Sub‑section 19.08. In the event of any such meeting between any employee(s) and Company representatives that occurs outside regular working hours, such employee(s) shall be paid their hourly rate for the period of the meeting. Such meetings shall be held at a mutually agreeable time or when requested during the first or last hour of the griever’s shift.

5.02

(a) If an alleged violation of this C.B.A. affects more than one employee or affects the interests of the Union as a party to the C.B.A., the Union may sign and file the grievance on behalf of the employee(s) specifying the alleged violation of the C.B.A. and, if identifiable, specifying name and Department. Such grievance shall be presented at Step 2.

(b) Grievances under Article 5.02 (a) and 5.02 (c) ‑ Step 1, shall be presented in writing.

(c) Should a dispute arise between the Company and any employee regarding the application, operation, interpretation or alleged violation of this C.B.A., an earnest effort shall be made to settle the dispute in the following manner:

Step One

Within ten (10) days after the alleged grievance has arisen, or within ten (10) days from the time the employee should reasonably have known of the occurrence of the event, the employee and his Steward may present the grievance in writing to his Supervisor. Failing settlement to the employee’s satisfaction within three (3) days, the employee may process the grievance to Step 2.

Step Two

Within five (5) days from the time settlement could have been made in the previous step, the employee, accompanied by his Steward, and a member of the Grievance Committee, may present the grievance in writing to his Department Superintendent. The Department Superintendent shall reply in writing within five (5) days of the presentation of this grievance under Step 2. Failing a satisfactory settlement or reply at this stage, the employee may process the grievance to Step 3.

Step Three

Within five (5) days from the time settlement could have been made within the time limits of the previous Step, the employee, accompanied by his Steward, Chief Steward, Grievance Chair and/or Union President or designates thereof, and if requested a representative of the International Union may take the matter up with the Manager or his designate. Prior to submission to the Manager there shall be a written statement outlining the nature of the grievance, the remedy sought and the section or sections of the C.B.A. which are alleged to have been violated. Failing satisfactory settlement or reply within five (5) days the matter may be referred to arbitration within thirty (30) calendar days from the date settlement could have been made in Step Three (3).

(d) Where Step 3 has been exhausted and the matter has been referred to arbitration, the Local Union President or his designate and the Company representative may without prejudice attempt to resolve the matter. This may include the calling of witnesses in which case the provisions of 5.01 (b) shall apply with respect to the payment of wages.

5.03     In determining the time within which any step is to be taken under the foregoing provisions of this Article, Saturdays, Sundays and the recognized holidays shall be excluded. Any and all time limits fixed by this Article may be extended by mutual agreement between the Company and the Union.

5.04

(a) Any agreement between the Company and the Union shall be final and binding upon the Company, the Union and the employee(s) concerned.

(b) Answers shall be given in writing to the Union on a first, second and third stage grievance and shall be sent to the grievor, the Union Steward involved and the Chief Shop Steward.

5.05     If it is not practical to follow the steps in the Grievance Procedure because some Department may have no Company or Union representative or the Company or Union representative is not available, then by mutual consent the next step may be proceeded to.

5.06     The grievance procedure shall be carried out on the Company’s property or at such other place or time as the Union and the Company shall mutually agree upon. The Company and the Union agree that a grievance presented in Steps 2 and 3 shall be discussed at the meeting arranged to deal with said grievance(s).

5.07     If it is necessary for a Steward or other employee(s) to take time off during working hours in connection with a grievance, he must notify his Supervisor and they must arrange a mutually satisfactory time. Time off shall not be unreasonably withheld.

5.08     Pursuant to Section 104 of the B.C. Labour Relations Code:

(a) at any time following completion of Step 3 and prior to the appointment of an arbitrator pursuant to this Article and where a difference arises between the parties relating to the dismissal, discipline, or suspension of any employee, or to the interpretation, application, operation, or alleged violation of this C.B.A., including any question to whether a matter is arbitrable, during the term of the C.B.A., Vince Ready, Chris Sullivan, John Steeves, or a substitute agreed to by the parties, shall at the request of either party:

i) investigate the difference;

ii) define the issue in the difference; and

iii) make written recommendation to resolve the difference within five (5) days of the date of receipt of the request; and for those five (5) days from that date, time does not run in respect of the grievance and/or Arbitration Procedure.

(b) if mutually agreed, the recommendations shall become a decision binding upon the parties and all others affected.