Common use of Initiating a Grievance Clause in Contracts

Initiating a Grievance. 2.1 Grievances may be initiated during the course of an accommodation process to obtain a decision on a particular decision point in that process even though other steps remain to be taken. 2.2 A grievance may concern: 2.2.1 Whether an employee seeking accommodation has a mental or physical disability that gives rise to a need for accommodation 2.2.2 What, if any, restrictions or requirements arise from the employee’s disability. 2.2.3 A decision by the City of Edmonton not to accept a measure that might be undertaken to accommodate the employee’s needs in their existing job or some other job (whether modified or not), whether based on undue hardship or any other reason. 2.2.4 A decision by an Employee or the Union to decline to accept as a reasonable or suitable accommodation, a measure proposed by the City of Edmonton. 2.2.5 The failure or refusal by any Union or Association to give any necessary consent to any aspect of a proposed measure that might be undertaken to accommodate an employee’s needs, whether that failure or refusal is based on conflicting collective agreement provisions, undue hardship, or otherwise. 2.2.6 The assignment of an employee to a position within a different bargaining unit or any terms and conditions attached to that assignment; or 2.2.7 Whether any trial period for an accommodation measure has succeeded. 2.3 In these procedures, “parties” mean the parties to this collective agreement and any other affected Union or Unions. It does not include an individual with a right to be represented or heard separately during any arbitration procedure. 2.4 Prior to filing a grievance under clause 2.2 of this Letter the party will follow the provisions for precipitating a decision on a decision point in the Framework Agreement and shall first advise all affected parties of their wish for a decision on the issue. 2.5 On receipt of a request for a decision, the City’s Disability Management Consultant, the Union or Unions involved, and such other persons whose presence may be necessary or appropriate to the decision, will meet for a full and ▇▇▇▇▇ discussion in an attempt to reach agreement on the question. 2.6 If the initial request or, following discussion, the agreed upon issue, is a question of the employee’s disability, capacity, or the requirement of any job or proposed job, the parties will initiate the process of obtaining an independent report on the issue in accordance with the procedures in the Framework Agreement. Any professional opinion or factual report obtained as a result of those processes shall be accepted as prima facie proof in any subsequent arbitration proceedings. 2.7 The party requesting a decision and the party whose decision is sought may agree in writing to continue to assess the matter in an agreed upon manner. 2.8 Following the meeting referred to in clause 2.4, and unless clauses 2.5 and 2.6 (all in this Letter) apply, the party required to make a decision will provide that decision in writing within fifteen (15) working days of the initial request. 2.9 If a decision on a decision point is agreed to, it will be implemented forthwith, according to the terms. If no grievance disputing the decision is initiated within fifteen (15) working days following the decision, it will be treated as agreed upon and any proposed action may be implemented unilaterally. A grievance over any decision described in clause 2.2 of this Letter may be filed by the parties to this collective agreement or by another Union affected by the decision. The dispute shall be submitted in writing to the roster Coordinator, with a copy of the dispute provided to the Police Service Superintendent or Executive Director of Human Resources.

Initiating a Grievance. 2.1 Grievances may be initiated during the course of an accommodation process to obtain a decision on a particular decision point in that process even though other steps remain to be taken. 2.2 A grievance may concern: 2.2.1 Whether an employee seeking accommodation has a mental or physical disability that gives rise to a need for accommodation 2.2.2 What, if any, restrictions or requirements arise from the employee’s disability. 2.2.3 A decision by the City of Edmonton not to accept a measure that might be undertaken to accommodate the employee’s needs in their existing job or some other job (whether modified or not), whether based on undue hardship or any other reason. 2.2.4 A decision by an Employee or the Union to decline to accept as a reasonable or suitable accommodation, a measure proposed by the City of Edmonton. 2.2.5 The failure or refusal by any Union or Association to give any necessary consent to any aspect of a proposed measure that might be undertaken to accommodate an employee’s needs, whether that failure or refusal is based on conflicting collective agreement provisions, undue hardship, or otherwise. 2.2.6 The assignment of an employee to a position within a different bargaining unit or any terms and conditions attached to that assignment; or 2.2.7 Whether any trial period for an accommodation measure has succeeded. 2.3 In these procedures, “parties” mean the parties to this collective agreement and any other affected Union or Unions. It does not include an individual with a right to be represented or heard separately during any arbitration procedure. 2.4 Prior to filing a grievance under clause Article 2.2 of this Letter the party will follow the provisions for precipitating a decision on a decision point in the Framework Agreement and shall first advise all affected parties of their wish for a decision on the issue. 2.5 On receipt of a request for a decision, the City’s Disability Management Consultant, the Union or Unions involved, and such other persons whose presence may be necessary or appropriate to the decision, will meet for a full and ▇▇▇▇▇ discussion in an attempt to reach agreement on the question. 2.6 If the initial request or, following discussion, the agreed upon issue, is a question of the employee’s disability, capacity, or the requirement of any job or proposed job, the parties will initiate the process of obtaining an independent report on the issue in accordance with the procedures in the Framework Agreement. Any professional opinion or factual report obtained as a result of those processes shall be accepted as prima facie proof in any subsequent arbitration proceedings. 2.7 The party requesting a decision and the party whose decision is sought may agree in writing to continue to assess the matter in an agreed upon manner. 2.8 Following the meeting referred to in clause Article 2.4, and unless clauses Articles 2.5 and 2.6 (all in this Letter) apply, the party required to make a decision will provide that decision in writing within fifteen (15) working days of the initial request. 2.9 If a decision on a decision point is agreed to, it will be implemented forthwith, according to the terms. If no grievance disputing the decision is initiated within fifteen (15) working days following the decision, it will be treated as agreed upon and any proposed action may be implemented unilaterally. A grievance over any decision described in clause Article 2.2 of this Letter may be filed by the parties to this collective agreement or by another Union affected by the decision. The dispute shall be submitted in writing to the roster Coordinator, with a copy of the dispute provided to the Police Service Superintendent or Executive Director of Labour Relations, Human ResourcesResources Branch.