Human Resources Manual - 401 - Grievances and Complaints

1. Disputes between the Government and employees and/or their bargaining agent are resolved through the grievance process.

2. These guidelines and procedures apply to all employees, except those employed by the NWT Power Corporation.

3. Client Services is the Client Services Division of the Department of Human Resources.
4. Employee Relations is the Employee Relations Division of the Department of Human Resources.
5. Grievance is a statement of dissatisfaction, usually by an individual but sometimes by the Union or management, concerning the interpretation or application of a provision of an act, or regulation, direction or other instrument made or issued by the Employer dealing with the terms or conditions of employment, a provision of the Collective Agreement or Arbitral Award,
   disciplinary action, dismissal and letters of discipline.
6. Grievance Arbitration is the procedure by which a board or single arbitrator, acting under the authority of both parties, hears both sides of the controversy and issues an award, usually in writing, that is binding on the parties.
7. Expedited Arbitration is a process very similar to grievance arbitration. However, witnesses are not called. Instead, Management and the Union or Association presents an agreed statement of facts to the arbitrator. Expedited arbitration is not precedent setting and is used for less complicated cases such as disputes regarding the interpretation of a clause or article in the Collective Agreement.

Grievances

8. The grievance process outlined in the Collective Agreement allows the parties to settle disputes that arise regarding the interpretation or application of a provision of an act, regulation, direction or other instrument made or issued by the employer dealing with the terms or conditions of employment, a provision of the Collective Agreement or Arbitral Award, disciplinary action, dismissal and letters of discipline.
9. Excluded employees present their grievances personally while employees in the Union or NWTTA bargaining units may be represented or assisted by the Union or Association at any level.
10. The grievance process for excluded employees and UNW bargaining unit employees is a two level process.

    Level 1

    First Level of Management - usually the employee's direct supervisor or a person designated as the First Level grievance respondent.

    
    Level 2

    Final Level of Management - usually the employee's Deputy Head.

    The grievance process for employees in the NWTTA bargaining unit is a three step process.

    Step 1

    First Step of Management - usually the employee’s Superintendent/Director of Education or a person designated as a grievance respondent.

    
    Step 2

    Second Step of Management - usually the employee’s Superintendent/ Director of Education or a person designated as a grievance respondent.

    
    Step 3

    Third Step of Management - usually the employee’s Executive Director of the NWTTA and the Director of Employee Relations or a person designated to review the grievance.

11. The different levels of the grievance procedure allow the matter to be examined by different individuals.
12. Specific time limits apply within which employees may submit grievances, and within which the appropriate employer representative must respond to a grievance. The time limits may be extended by a mutual agreement between the Government and the Employee or the employee's representative. The time limits contained in the Collective Agreements are not mandatory, so if the grievance is filed late, it is not invalidated. If a grievance is denied on timeliness alone, an arbitrator will likely still examine the merits of the case.

Arbitration/Expedited Arbitration

13. If a grievance is not resolved during the grievance process, it may be referred to arbitration. Arbitration is similar to a court proceeding, although it is less formal. The hearing itself normally lasts one to two days. However, depending on the issue being arbitrated and the number of witnesses that are heard, it may last several days. The Union or Association and the Employer both present their side of the matter. The Arbitrator reviews the presentations, makes a decision and issues a written award within three months in accordance with the Arbitration Act. The Arbitrator's decision is binding on the Union or Association and the Government. Should either party to the grievance not abide by the award, the Arbitrator's award may be filed with the courts and become an order of the court. Expedited arbitrations are much quicker with an oral decision usually rendered the same day as the hearing.

14. An employee submits a complaint through the formal grievance process, either the NWTTA Grievance Procedure or the UNW Grievance Procedure. The employee and the immediate Supervisor make a reasonable attempt to solve the problem. The Employee may also seek advice from a representative of the Union or Association.
15. The Supervisor has a meeting with the employee and the employee's Union or Association representative to determine exactly what the Employee's concerns are in an attempt to resolve the complaint. A Human Resource representative may attend the meeting.
    
    If not resolved at this Level for Excluded employees and employees in the UNW bargaining unit, the grievance moves to the Second and final Level where the Deputy Head or his/her designate attempts to reach a resolution. After exhausting the two levels, the matter may be referred to arbitration.
    
    If not resolved at this step for employees in the NWTTA bargaining unit, the grievance moves to the Second Step where the Superintendent or Director of Education or his/her designate attempts to reach a resolution. If not resolved at the Second Step, the grievance moves to the Third Step where the Executive Director of the NWTTA and the Director of Employee Relations or his/her designate attempts to reach a resolution. After exhausting the three steps, the matter may be referred to arbitration.
16. Client Services drafts responses to grievances.

Public Service Regulations
Sections 41 - 47, Grievances

Main Collective Agreement with UNW
Article 37, Adjustment of Disputes

Collective Agreement with NWTTA
Article 20, Grievance and Arbitration Procedures

Excluded Employees’ Handbook
Grievance Process

Arbitration Act