Section 1: Sub-section 1.6: Policy 1.6.9: Date issued:
Human Resources Hiring and Staffing Employee Appeal/Grievance Process September 30, 2015 Date revised:
Policy Statement The Employee Appeal/Grievance Process policy ensures that employees are treated in a fair equitable manner, and fosters a harmonious working environment. LMG recognizes that employees may be dissatisfied with a management decision, or any other aspect of employee treatment. Therefore, an employee appeal process is available to rectify any perceived or alleged mistreatment in a fair, prompt and constructive manner. Applicability The Employee Appeal/Grievance Process policy applies to all LMG employees Procedure 1. An employee who wishes to resolve a perceived injustice should submit her/his concern in writing to her/his supervisor, normally after it has been discussed at least once with the supervisor. The supervisor will meet with the employee to discuss the matter no later than three (3) working days following receipt of the employee's letter. 2. The meeting between the employee and the supervisor will follow these simple steps, in this order: a. The participants will review the letter prepared by the employee outlining the perceived injustice. The employee will explain the "facts of the situation", as s/he sees them. Then the supervisor will explain the "facts", as s/he perceives them. Both parties will avoid any attempt to interpret, defend or pass judgment. b. Having established each other's understanding of the facts surrounding the situation, the participants should try to find a fair, equitable and a mutually agreeable resolution of the matter. 3. If the matter is not satisfactorily resolved following the first meeting described above, then the employee will have seven (7) days in which to submit her/his written grievance to the next level of supervision, which normally would be the Chief Executive Officer, or the Grievance Arbitration Committee. Note: If the first meeting took place with the Chief Executive Officer, the second meeting will be with the Grievance Arbitration Committee.
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4. The meeting with the second level of supervision shall take place no later than five (5) working days following receipt of the employee's written request; following the same two steps as described above. 5. In the event that there is no agreement following this meeting, the employee will have up to seven (7) days to make a written request to present her/his grievance to the Chief Executive Officer to convene a meeting of the Grievance Arbitration Committee. 6. The Grievance Arbitration Committee will be comprised of: a. b. c. d. e.
The designated representative of the employees, or the alternate; The designated representative of the CEO, or the alternate; The designated representatives of Council, or the alternate; The community representatives, or the alternate; The arbitrator
The representatives for each group will be chosen by the group. The group will also choose its alternate, who will be on standby, and called upon as required. 7. Arbitrators: a. A list comprised of at least three (3) arbitrators will be established and maintained. On a rotating basis, arbitrators from the list will be asked to serve, as required. b. The arbitrators will be selected on the basis of their reputation as impartial persons, as well as their ability to perform the normal duties of arbitration, including chairing the Grievance Arbitration Committee, and writing up the decision of the Committee. c. The Chief Executive Officer will approve a fee and expense scheduled to compensate the arbitrator. 8. The Human Resources Manager will coordinate the scheduling and meeting requirements of the Committee, and serves as ex officio secretary. 9. The meeting with the Grievance Arbitration Committee: a. The Committee will hear the case no later than two (2) weeks following receipt of the written request. b. The Committee will have the right to call on other staff or records to obtain the necessary information to hold a fair hearing and render a fair and equitable decision. c. The Committee will render its decision no later than five (5) working days following the hearing. The decision of the Committee is final. d. The Committee will try to arrive at a decision by consensus; however, if a consensus is not possible, a simple majority vote will carry the decision. LMG Human Resources and Administration Policy and Procedures Manual - September 2015
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10. Throughout the appeal process, the focus of everyone should be to establish mutual agreements on the "facts" of the situation, and to try to "understand each other's" basis for concern. The ultimate objective is to re-establish a constructive, mutual supportive and fair working relationship, consistent with the Mi’gmaq value of harmony. The process is specifically designed to avoid finding personal fault or casting blame. Look for what is right, not what is wrong.
Approval Authority:
Chief Executive Officer
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