As you know, the Union has implemented expedited hearing procedures to ensure that your grievances get processed without delay. As a result, grievances are being resolved much quicker.  Because of this, the time it takes to file a grievance has become a hot topic with the Arbitrators who hear the cases.  The Company often makes an objection that the grievance was filed after the 60 days outlined in the Collective Agreement (Article 13.02) had passed and should therefore be dismissed.

Unfortunately there are a number of members who are unaware of the time limits outlined in the Collective Agreement. Those members come to us with grievances months after the incidents occurred, or with pay claim issues that were never resolved. The Union files the grievances but we have found that the Arbitrators will dismiss a case on the basis that it was not filed within the time limits whether the merits of the case were good or not.

What you need to know

In order to avoid losing your case on the basis of a time limits objection the Union would like you to familiarize yourself with certain rules.

Pay Claims and Block Rule Grievances

All pay claims regarding the incorrect awarding of open flights must be filed within 14 days of scheduled departure. (B7.06)

All other pay claims must be submitted within 14 days of your becoming aware of the error.

If you file a claim, the 60-day time limits found in Article 13.02 starts to run as of the date that you receive the Company’s response to your claim;

NOTE: If you do not receive a response from the Company within 30 days of filing a pay claim, file a grievance.

If you do not file a pay claim, the 60-day time limits found in Article 13.02 starts to run as of the date that you become aware of the alleged error.

NOTE: The time limits found in Article 13.02 do not include Saturdays, Sundays and statutory holidays.

Discipline Grievances

 If you are disciplined or discharged you must file a grievance within 10 days of receiving the Company’s decision, excluding weekends and statutory holidays (Art. 14.05).

Meal Allowances

Meal allowance grievances are handled through a separate dispute resolution process and the time limits for filing those claims is 12 months from the date of the underpayment.

All Other Grievances

If you believe there has been a violation of your Rights under the Collective Agreement and you are unable to resolve it with a supervisor, you have 60 days (excluding weekends and statutory holidays) to file a grievance (Art. 13.02).

Grievances that are not filed within the above timelines run the risk of being dismissed by the Arbitrators.

Evidence - Proving Your Case

Another problem that the Union is encountering at hearings is a difficulty to prove the case because of lack of evidence. It is not enough to simply file a grievance we need to demonstrate the validity of the claims being made to the Arbitrators.

It is absolutely essential to the success of a grievance that you write a statement outlining the events that caused you to file a claim. Tell us who, what, where, when, why and how. If we do not have this piece of evidence we are starting out at a disadvantage.

We need you to bring to the local office all the documents you have as evidence to assess your case.