October 20, 2003
QUFACTS
Grievance and Arbitration
General Considerations for Members of Both QUFA Bargaining Units
QUFA has now had almost eight years of experience with the operation of the grievance process in three successive Agreements. In matters that primarily involve disputes about the interpretation of the Collective Agreement, QUFA either seeks resolution through the JCAA or initiates policy grievances. Where the issues concern individual Members, we support our Members, especially those with concerns about the fairness of their treatment, by striving to achieve reasonable resolutions to ongoing difficulties. For the most part, the remedies put in place have been arrived at informally, without the need to go to a "without prejudice meeting" (STEP 1) or to arbitration (STEP 2). Last year, QUFA handled 151 cases, only a few of which required formal processes.
It is not possible to fully assess the Universitys views, but the informal process could not work without a commitment from the University to make it work. That commitment has been in evidence though it has never precluded some tough and honest disagreements. However, because all parties are bound by confidentiality, it not possible to say much more about our negotiations.
As QUFAs Grievance Officer, I am engaged by QUFA to represent our Members. In practice, this means that I usually act as the Members advocate and am governed by the Members wishes, as well as by a commitment to uphold the terms of the Collective Agreement and by the requirement of ethical representation. Every Member should understand that they decide how and if QUFA will intervene when they bring a concern to our attention. Hopefully, that control of the action and the associated confidentiality should make it easier for Members to approach QUFA.
But we remain concerned that Members are sometimes advised to not go to QUFA. Unfortunately, at the end of the day when a Member heeds such advice, we find ourselves too often picking up the pieces. There is a simple rule of thumb: it is much easier preventing harm than setting things right after harm has happened. So we encourage Members to request information and/or assistance from QUFA, but also to do so in a timely fashion. In addition, any Member told not to approach QUFA, should let us know as soon as possible.
Philip Goldman
QUFA Grievance Officer