A grievance is a formal employee complaint that is an accusation of a violation of workplace contract terms or policy.

• An employer not complying with the terms of the Collective Agreement
• A violation of the employee’s rights on the job
• A Human Rights Violation
• An unsafe workplace

When is a grievance filed?

When an employee feels they were negatively affected by an employer, they report it to their union representative. The union representative will investigate and determine if the union will proceed with filing a grievance on your behalf.

Violation of workplace policy.

How the employer interprets, applies, or administers the Collective Agreement.

Examples:

• Complaint about harassment and discrimination
• Accommodation issues
• Workload
• Seniority and hires

How do I file a grievance?

You need to contact your union representative. If the grievance is legitimate, the union representative completes and files a form on your behalf.

How do I know if my issue can be grieved?

You can look at your collective agreement and see if there is a clear-cut violation of the contract.

If it is an issue around interpretation of the contract, previous arbitration cases on similar cases will help to prepare your argument.

If it is a human rights violation, then it would fall under the BC Human Rights Code.

If it is a health and safety issue, then the employee needs to follow processes on reporting unsafe working conditions in accordance with WorkSafeBC.

What are the types of grievances?

Individual – used when the rights of an individual have been violated (e.g., discipline, demotion, classification disputes, denial of benefits)

Group – used when a group of workers, department, or shift rights have been violated (e.g., a shift was not given premium pay per the agreement)

Policy – used for a complaint by the union that an action or inaction of management is a violation of the agreement that could affect all who are covered.

Union- used when the union’s rights have been violated (e.g., employer did not deduct union dues)

When do I contact the union?

• If you have a meeting with leadership that may involve disciplinary action, you can ask for a steward to be present.
• If there is a dispute or difference of opinion or interpretation between yourself and the Employer.

VIHA – you must contact the union within 21 calendar days of the issue occurring.
CRD and West Shore – you must contact the union within 15 working days of the issue occurring.
GVHS – you must contact the union within 30 working days of the issue occurring.

If you have an issue that you think deserves a grievance, then contact one of the stewards, coordinators, or chairs – all listed on our Contact page – and they will investigate the issue and determine whether the union will proceed with filing a grievance on your behalf.

I am concerned about my workload what should I do?

If you find that your workload is excessive or unsafe, then you need to:

• Discuss the problem with your supervisor
• If the issue is unresolved, write your supervisor and shop steward/union representative

What are some examples of workload issues?

• Working long and difficult hours
• Unreasonable work demands
• Multi-tasking and multi-skilling
• Pressured/bullied to work overtime (paid and unpaid)
• Fewer rest breaks, days off, holidays, and vacation
• Faster, more pressured work pace
• Performance monitoring
• Unrealistic management expectations
• Additional, often inappropriate, tasks piled on top of “core” duties (e.g. doing more than one job)

* VIHA – Your supervisor is required to provide a timeline for response to your concerns within 7 working days and perform and assessment of the workload issue within a reasonable timeframe. Then they provide a written conclusion to you. If unresolved, a grievance may be filed. Members can download a Workload journal on the CUPE Community Health website. More information can be found under Workload Solutions on the CUPE Community Health website and under Overwork on the CUPE National website.

You can help our local by becoming part of a committee, for example a healthy & safety committee in your workplace, or by becoming a steward. To find out more, speak to one of the union stewards or other executive members listed on the Contact page.

If you have a “joint health & safety committee” at your workplace, then you should bring the issue up with your union representative on that committee. WorkSafeBC has a page describing the role of Joint Health & Safety Committees.

If you do not have a joint health & safety committee then bring the issue forward to one of the union executive members or shop stewards listed on the Contact page.

Our local does not get involved in WCB claims. Follow the steps on https://www.worksafebc.com/en/claims/report-workplace-injury-illness/how-workers-report-workplace-injury-illness which are:

1. report your injury or illness to your supervisor or manager
2. see your doctor or practitioner and tell them that your injury/illness is work related
3. start a claim by reporting the injury/illness to WCB, which you can do by phoning 1-888-WORKERS (1.888.967.5377)

The union does not get involved with WCB claims. We can, however, provide you with information about the process, please contact one of the executive members listed on the Contact page.

There is also an independent Workers’ Advisers Office which provides free advice and assistance to workers and their dependants on disagreements they may have with WorkSafeBC decisions.

Good and Welfare is a program run by the union to support members who have recently gone through a death in the family, birth of a child, hospitalization, or retirement. If you know a member who needs some flowers, fruit basket, gift card, etc., please contact Karley Field at the CRD.

VIHA members can apply for funding to support continuing education that is related to their work. Complete the HSPA-Funding and send it to the VIHA chair, Lindsay Fumalle.

The Professional Fees Fund presents an opportunity for members who may be required to pay professional fees – such as college or regulatory fees – to apply for a portion of these reimbursed. This is a significant new benefit achieved through bargaining and is intended to expand reimbursement beyond costs which are already reimbursable under Appendix 28. Please use the HSPBA Professional Fees Application form to apply and submit by email to hspba@cupe1978.com.

The federal EI Sickness Benefit program offers temporary financial assistance to unemployed workers. This assistance includes providing sickness benefits to people unable to work because of sickness, injury, or quarantine.

If you cannot work because of sickness, injury or quarantine, but you would otherwise be available to work, you could be eligible to receive up to a maximum of 15 weeks of EI sickness benefits.