Grievance Understanding & Process
Protecting Your Rights – What is a Grievance?
A grievance is a perceived breach or violation of the Collective Bargaining Agreement (CBA), legislation, Human Rights legislation, the Occupational Health and Safety Act (OHS), or the Labour Relations Act. A grievance is a mechanism unique to labour law and is built into the Collective Bargaining Agreement to ensure that the rights and obligations of both parties are upheld.
If you believe your rights under the CBA or applicable legislation may have been violated, you are encouraged to contact the Union as soon as possible. Timely reporting is important to ensure concerns can be properly reviewed and addressed within any applicable timelines.
Members are encouraged to complete the Member’s Grievance Intake Form located in the Grievance Section of the Union website. When submitting your concern, please provide as much detail as possible, including relevant dates, individuals involved, supporting documents, and a clear explanation of the issue. It is important that all information provided is accurate, complete, and honest, as the Union relies on this information to properly assess the matter and determine the appropriate next steps.
Please note that submitting the grievance statement does NOT mean a grievance has been formally filed. A Local 21 representative will contact you to discuss the matter, review your concerns, and assist in determining whether the issue may involve a violation of the Collective Bargaining Agreement (CBA) or legislation, as well as what options or next steps may be available moving forward.
While not every workplace issue automatically constitutes a grievance or rights violation, all concerns submitted to the Union will be reviewed fairly, respectfully, and confidentially.
Read the Collective Bargaining Agreement to help yourself understand your rights: https://www.local21.ca/resources/collective-agreement
- Article 8 (Grievances & Dispute Resolutions): Click here
- Member Grievance Intake Form: Click here
Who “owns” a Grievance?
A grievance is defined as a violation of the Collective Bargaining Agreement (CBA). For this reason, the Union “owns” the grievance, not the individual or group the grievance is filed on behalf of.
The Arbitration Process:
If a matter is not resolved during the grievance process, either party can take the dispute to arbitration. Arbitration operates like an informal court hearing, and the parties may select the arbitrator by mutual agreement or ask for an appointment from the Saskatchewan Minister of Labour.
The arbitration process generally begins with the applicable party filing the appropriate forms. The responding party may then address the application by filing a response. The application and response must adhere to particular steps and procedures outlined within the Collective Bargaining Agreement and Provincial Labour Law.
Benefits: Labour arbitration has several advantages that make it an attractive option for resolving conflicts in the workplace. Arbitration is known for its efficiency, often resulting in faster and more streamlined resolutions compared to traditional court litigation. Additionally, arbitrators, typically experts in labour relations, ensure that disputes are addressed by knowledgeable individuals. Arbitration hearings are private and not open to the public. However, the resulting arbitration award may be published and thus become part of the public record.
Parties also enjoy greater flexibility in the process, from selecting the arbitrator to customizing rules and scheduling hearings. While there are associated costs, the union and the employer pay for the costs of their own legal counsel and they equally share the cost of the Arbitrator and the arbitration hearing. The cost of a labour arbitration is less than that incurred in lengthy court proceedings. Furthermore, arbitration decisions tend to be final and binding, offering a high degree of certainty in the outcome.
Drawbacks: Typically, the Union has “carriage” of the grievance during the later and final stages of the grievance procedure; the employee does not have control or a final say in whether the grievance is referred to arbitration or how it is dealt with during the arbitration hearing. As long as the Union puts its mind to the issue in dispute and reaches a reasoned decision, the Union may decide to settle the grievance on terms it considers reasonable or it may withdraw the grievance entirely.
Additionally, arbitration decisions are “final and binding,” leaving limited opportunities for appeal unless the decision is determined to be “unreasonable.”
Local 21 Grievance Process Flowchart
Step 1 – Identify the Issue
- Member believes their rights under the CBA or legislation have been violated.
- Speak to your Union representative for advice.
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Step 2 – Member Grievance Intake
- Fill out the Member’s Potential Grievance Statement (informal step).
- Important: This does NOT automatically file a grievance.
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Step 3 – Union Review
- Local 21 representative reviews the issue.
- Discusses options with the member: informal resolution vs. formal grievance.
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Step 4 – Union Informal Discussion
- Local 21 representative discus’s the matter as per Article 8.1.2 with the Supervisor or Manager.
- Informal resolution vs. formal grievance.
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Step 5 – File Formal Grievance (if needed)
- If no resolve as per Article 8.1.2 - the Union formally files the grievance on behalf of the member, as per Article 8.1.5 or Article 8.1.6.
- Union “owns” the grievance, not the member.
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Step 6 – Grievance Resolution Process
- Employer and Union attempt to resolve the grievance internally
- Can involve meetings, discussions, and mediation.
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Step 7 – Arbitration (if unresolved)
- Either party can refer the matter to arbitration.
- Arbitration is private, binding, and handled by labour experts.
- Mediation may be an option.
- Union may settle, continue, or withdraw the grievance.
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Step 8 – Final Decision
- Arbitration award is final and binding, with limited appeal options.
✅ Notes:
- Article 8.1.2 governs the informal discussion stage.
- The Union controls the grievance, even at arbitration.
- Members should always consult with their Union representative before taking any steps.
Helpful Links:
CUPE Saskatchewan Division:
https://sk.cupe.ca/cupe-saskatchewan-division/
Saskatchewan Employment Standards:
https://www.saskatchewan.ca/business/employment-standards
Saskatchewan Employment Act (SEA):
https://publications.saskatchewan.ca/#/products/70351
Saskatchewan Labour Relations Board:
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