Dispute resolution policy

1. PURPOSE

1.1 Since the well-being of staff members and harmonious work relationships are of concern to the University, it is important that any dispute, which an employee may have, be dealt with as quickly as possible and fairly. In accordance with this, the procedure established in the present policy shall be followed.

1.2 The purpose of this policy is to provide a mechanism for the resolution of disputes between the employee and the University, which cannot be resolved by informal discussions. Nothing in this policy shall be considered as having the effect of preventing the employee from attempting to resolve a dispute by discussing it with their immediate supervisor, before resorting to the Dispute Resolution Policy.

2. SCOPE

2.1 This Dispute Resolution Policy applies to an employee who has been hired by the University as:

a member of the regular, non-unionized non-academic staff, and has completed the probationary period; or

a member of the temporary (MTerm), non-unionized non-academic staff, and has completed two (2) years of continuous service.

This Policy does not apply to employees hired on a casual basis or University Executives.

This Dispute Resolution Policy forms part of the employee’s individual contract of employment.

3. POLICY STATEMENT

Preliminary Discussions

3.1 An employee having a disagreement that could give rise to a dispute within the meaning of the present policy is encouraged to discuss it with their immediate supervisor. If there is no discussion or if this discussion does not succeed in resolving the disagreement, a letter of dispute may be submitted by the employee in accordance with the following provisions.

Delays

3.2 All letters of dispute must be filed with the University within sixty (60) working days of the date of the occurrence or omission that gave rise to it. If the letter of dispute is filed after sixty (60) working days, the employee, or the McGill University Non-Academic Staff Association (MUNASA), shall have the burden of proof that the knowledge of the event was acquired after its occurrence.

3.3 The above-mentioned delays for the filing of a dispute are mandatory. Disputes filed after the expiration of the prescribed delays shall be rejected.

3.4 If the employee does not proceed to the next step within the time delays stated in this policy, the letter of dispute shall be deemed to be withdrawn.

3.5 All time delays referred to may be extended by written mutual agreement of the employee and the University. All time delays are exclusive only of Saturdays, Sundays and Statutory Holidays as outlined in Section 2 of the Holidays with Pay Policy, and any other days where the University’s administrative offices are officially closed.

3.6 Step 1

3.6.1 An employee wishing to file a letter of dispute shall deliver the letter to their immediate supervisor, within the delays as defined in article 3.2.

3.6.2 The facts that gave rise to the dispute shall be summarized in a letter signed by the employee. The letter shall specify the nature of the redress being sought.

3.6.3 The immediate supervisor will render a decision, in writing, within fifteen (15) working days of receipt of the letter of dispute.

3.7. Step 2

3.7.1 If the dispute is not resolved with the decision of the immediate supervisor or if the immediate supervisor fails to render a decision within the required delay, the employee shall submit the letter of dispute to Labour and Employee Relations (grievances [at] mcgill.ca), with a copy to the Dean or the department/unit head, within fifteen (15) working days of the decision under Step 1 or, as the case may be, of the expiry of the delay provided therefor.

3.7.2 Labour and Employee Relations will render a decision, in writing, within fifteen (15) working days of receipt of the letter of dispute.

3.7.3 If a dispute is not resolved with the decision of Labour and Employee Relations it shall be submitted to Step 3 for non-arbitrable disputes, and to Step 4 for arbitrable disputes.

3.8 Step 3 (Non-Arbitrable Disputes)

3.8.1 If a non-arbitrable dispute is not resolved with the decision of Labour and Employee Relations or if Labour and Employee Relations fails to render a decision within the required delay, the employee may, within fifteen (15) working days of the Step 2 decision or, as the case may be, of the expiry of the delay provided thereof, submit the letter of dispute to the Vice-President (Administration and Finance).

3.8.2 The Vice-President (Administration and Finance) will convene the parties to a hearing during which they will have the opportunity to expose and make oral arguments about their respective position. The Vice-President will render a decision in writing within thirty (30) working days of the hearing. Labour and Employee relations shall not act in an advisory capacity to the Vice-President (Administration and Finance) for the purpose of the hearing. The decision is final and without appeal.

3.8.3 At least eight (8) weeks prior to the date of the Step 3 hearing, the parties shall agree on the dispute to be submitted to the Vice-President (Administration and Finance) at the next hearing date scheduled.

3.8.4 At least five (5) weeks prior to the date of the Step 3 hearing, the employee or the McGill University Non-Academic Staff Association (MUNASA) shall submit, to the University, a written statement of issue describing concisely the nature of the dispute with the evidence and proof in support thereof.

3.8.5 At least three (3) weeks prior to the date of the Step 3 hearing, the University shall submit a written reply and its position together with the evidence and proof in support thereof.

3.8.6 At least two (2) weeks prior to the date of the Step 3 hearing, the employee or the Staff Association shall reply to the University's position and forward to the Vice-President (Administration and Finance) a copy of the abovementioned documents.

3.8.7 A dispute concerning the application to the employee of any of the following policies may be filed directly at Step 2:

- Disability Policy
- Educational Assistance Policy
- Employment Security Policy
- Parental Leaves Policy
- Staffing Policy
- Disciplinary measures Policy
- Unpaid Leave of absence Policy
- Work Accident Policy

3.9 Step 4 – Arbitration

3.9.1 If an arbitrable dispute is not resolved with the decision of Labour and Employee Relations or if Labour and Employee Relations fails to render a decision within the said fifteen (15) working days, the employee shall, within thirty (30) working days of the decision or, as the case may be, of the expiry of the delay provided therefor, file a written request for arbitration to Labour and Employee Relations. The request shall be accompanied by a copy of the letter of dispute.

Arbitrator selection and jurisdiction

3.9.2 The Arbitrator shall be chosen by agreement between the University and the employee from amongst the following:

Claude Martin
René Beaupré
Johanne Cavé
Amal Garzouzi
Nathalie Massicotte
Dominique-Anne Roy
Nancy Menard-Cheng
Éric Lévesque

In the event that no agreement is reached within ten (10) days of the dispute being referred to arbitration, the arbitrator shall be chosen by lot amongst those mentioned above in the presence of representatives of both parties. The foregoing does not prohibit the parties from mutually agreeing to choose an arbitrator not mentioned on the aforementioned list.

3.9.3 The arbitrator’s sole jurisdiction is to decide on a dispute concerning the application to the employee of any part of the following policies:

Administrative Dismissal Policy
Disciplinary Measures Policy
Disability Policy
Educational Assistance Policy
Employment Security Policy
Holidays with Pay
Hours of Work Policy
Non-Disciplinary Suspension and Termination
Parental Leave Policy
Personal Leave Policy
Rest Periods Policy
Social Leave Policy
Staffing Policy
Temporary Lay-Off Policy
Unpaid Leave of Absence Policy
Vacation Policy
Work Accident Policy

3.9.4 A dispute about any other policy shall also proceed under this policy but only up to the completion of Step 3.

3.9.5 Subject to the Personnel Policies Review Policy, the arbitrator has no jurisdiction with respect to any decision by the University to amend or remove any of the policies.

3.9.6 In rendering a decision on a dispute, the arbitrator may not remove, amend, or modify anything contained in the policies.

3.9.7 In rendering a decision on a dispute concerning a reprimand, suspension, or dismissal, the arbitrator may confirm, modify, or annul the measure taken. The arbitrator may substitute for such measure one which, given the circumstances of the case, the arbitrator considers reasonable and just.

3.9.8 The arbitrator may render a decision, if applicable, on the amount of compensation to which an employee may be entitled, including payment of interest in accordance with the laws of the province of Quebec. The arbitrator must render a final decision, including the grounds for it, within twenty (20) days following the end of the hearing. The decision shall be final and binding on all parties. The decision shall not be invalidated by failure to comply with the above time period.

General Rules

3.10 The Employee filing the dispute shall be granted leave, without loss of salary, during the arbitration hearing. Employees called upon to testify at an arbitration hearing shall be granted leave, without loss of salary, for the length of time required for this testimony.

3.11 Up to two (2) representatives who accompany the employee throughout this Dispute Resolution Policy shall be granted leave, without loss of salary, during the arbitration hearing.

3.12 A confession signed by an employee may not be used against the employee during arbitration, provided the confession was retracted in writing by the employee within seven (7) days of the signing of the confession.

3.13 The fees and expenses of the arbitrator shall be shared equally by MUNASA and the University if the employee is represented by MUNASA or equally by the employee and the University if the employee is not represented by the Association.

3.14 In a legal sense, this arbitration procedure constitutes an arbitration agreement within the meaning of article 2638 of the Civil Code of Quebec and articles 620 and ff. of the Quebec Code of Civil Procedure.

3.15 Nothing in this policy shall be interpreted so as to take away from the University any rights or privileges inherent to its employer status or management functions.

3.16 Throughout the dispute resolution and arbitration procedures the employee has the right to be accompanied or represented by two members of the non-unionized non-academic staff, or two representatives from MUNASA. All actions other than the filing of the dispute at the initial step and to arbitration to be taken by an employee in these procedures may be taken on their behalf by their authorized representatives.

3.17 In all steps in the policy, the employee may use either English or French. The reply of the reviewing University official will be given in the language used by the employee.

3.18 No technical error in the filing of a dispute shall affect its validity. Once discovered, a technical error shall be communicated to the other party. The dispute may be amended to correct the technical error.

3.19 Any agreement between the employee and the University resolving a dispute must be the subject of a document signed by the employee and the University.