The
procedure in presenting a grievance based on
a NAV CANADA Joint Council (NCJC) program
is the following::
When in your estimation
you have not received a benefit as outlined
in one of the NCJC programs, you file a complaint,
in writing, with your supervisor.
- If your complaint is not resolved or answered
to your satisfaction then you forward the
grievance through your union.
- The grievance is transmitted by your union
to the first level at the NAV CANADA headquarters
for a reply. That reply is developed by the
person assigned to represent the Vice-President,
Human Resources, which replies to your union.
- If that response is not satisfactory, then
the union forwards the grievance to the NCJC.
The NCJC office receives
the grievance and submits it to the Executive
Committee.
- The Executive Committee can then assign
the grievance to a standing committee and
request their interpretation on whether the
grievor was treated within the intent of the
program or not.
- The standing committee schedules the grievance
for a hearing and invites the union and the
company to submit documentation prior to the
hearing for circulation to all members of
the committee. At the hearing, each side presents
their position on the grievance. The standing
committee then considers the information and
determines if the grievor was treated within
the intent of the program.
- The standing committee reports its findings
to the Executive Committee. The Executive
Committee reviews the findings. The members
of the Executive Committee have three options:
a) They can agree with the
findings of the standing committee and in
those cases where it is found that the grievor
was not treated within the intent of the program,
they can assess reimbursement;
b) They can disagree with
the standing committee’s findings and
act accordingly;
c) They can impasse the grievance,
in which case the union may then proceed to
arbitration.
N.B. Where the
Executive Committee determines that the grievor
was treated within the intent of the program,
there is no further grievance process.
Grievance Presentation
Form
