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Grievance

Talk here about issues with unions or companies in the Telecommunications sector.
Pathfinder222
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Grievance

Postby Pathfinder222 » Tue Jan 15, 2013 7:51 pm

If you put grievance in today. Union on your behalf. Is it to late to tell them tomorrow to with draw it. If they write withdraw without prejudice and precedent. Then can I still go to human rights.



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JohnDoe
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Re: Grievance

Postby JohnDoe » Tue Jan 15, 2013 9:09 pm

Grievance procedures are defined under the Union's constitution and/or the CA. Which Union/industry are we talking about? Your last post was talking about Steelworkers and now you're posting in the Telecommunications sector thread.

As for going through Human Rights, I'm not 100%. Employment Standards may ask you what Union procedures you've followed to resolve the situation, but they're not a Human Rights Tribunal either. Depending on Province, the procedures will differ.


Have a great day everyone!

JohnDoe

Pathfinder222
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Re: Grievance

Postby Pathfinder222 » Wed Jan 16, 2013 1:29 am

Sorry about wrong section, under stress. USW. Just wanted to know if I withdraw grievance(prejudice and precedent) before it gets started. Don't want Human rights saying you withdrew it with union, you can't come to us.



Pathfinder222
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Re: Grievance

Postby Pathfinder222 » Wed Jan 16, 2013 4:45 am

Union never handed it in. Cancelled it.



Pathfinder222
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Re: Grievance

Postby Pathfinder222 » Wed Jan 16, 2013 3:05 pm

Now my area rep is trying to take care of this, after I sent letter that I'm going with human rights. If I tell them I don't want grievance, can they still put one in.



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NC
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Re: Grievance

Postby NC » Fri Jan 18, 2013 1:32 pm

Human Rights complaints always look really promising, but at John said, it depends on the CA and more often, the constitution.

Either way, before you file a Human Rights or Labour Board complaint you have to exhaust the union internal processes. As an example, if you want to complain that a union member hurt your feelings you cannot file a Labour Board complaint until you can show them that you have asked the union to address it, filed a complaint with the union, had the union look into the matter and basically, until the union says "we will not or cannot do more" then you cannot file a Board complaint.

Yes, I know you said Human Rights but, even then you have some obligation to address the matter with the union, depending on the complaint. I am *not* a lawyer and if your issue is serious enough I am sure you can jump the line and go straight to the Human Rights, but I think it might be harder than you think.

Basically, if it's not extreme, take it up with the Steelworkers if you can, otherwise hit the Labour Board, and when they both say screw off, try Human Rights. Another thing you should do is review what part of the Canada Human Rights Act you will claim has been contravened. A lot of those complaints stop right there.


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