2. Facts #4
Mike and Jim work in the facilities maintenance department as building service workers.
For the last 3 years there have been bad feelings between the two. On their lunch break
in the cafeteria they run into each other and words are exchanged and then a fist fight
breaks out between the two of them. Several co-workers break up the fight. They report
that Mike instigated the exchange of bad words and that Jim threw the first punch. Mike
has been an otherwise good employee for 25 years. Jim has only worked here for 3
years. He has had verbal warnings and a written warning for poor work performance and
a one-day suspension for going to the pub during his lunch break and coming back with
liquor on his breath. Mike is given a 5-day suspension for fighting with a serious final
warning and Jim is terminated.
1. You are the shop steward. Draft the grievances with reference to your
assigned collective agreement (if applicable). Make assumptions about the
facts as you deem necessary but state those assumptions explicitly in the
grievance.
February 13, 2023
Royal Columbian Hospital
325 Ward St.
New Westminster, BC.
Rehana Banho,
Manager
89117 – 128 Ave.
Surrey, BC.
Grievance AAA 001-2023
Re: Mike Wazowski Grievance
We grieve on behalf of Mike Wazowski, with employee identification number
#170971120-2, who received a 5-day suspension for fighting with a severe final
warning, disregarding the provisions of the Health Services & Support Facilities
Subsector Collective Agreement between the Association of Unions (HEU, CUPE,
BCGEU, IUOE, IBEW, USW, BCNU, UBCJA, UAJAP&P, IUPAT, PPWC) and HEABC.
Under the provisions of Article 9.06 (Dismissal/Suspension for Alleged Cause),
“employees dismissed or suspended for alleged cause shall have the right within
seven (7) calendar days after the date of dismissal or suspension to initiate a
grievance at Step Three of the grievance procedure". Therefore, based on the
provisions of Article 9.04.04 (Step Three), “the Union Committee and the
Committee on Labour Relations, or its delegate, shall meet within twenty-one (21)
calendar days or other mutually agreed to time to discuss the grievance. At this
step of the grievance procedure, each party shall provide to the other a
statement of facts and copies of all relevant documents. The findings or decisions
of the Committee on Labour Relations shall be presented to the Union in writing
within seven (7) calendar days of the meeting. If the grievance is not settled at
3. this step, either party may refer the grievance to arbitration under Article 11 within
thirty (30) calendar days.”
We demand that Mike Wazowski’s dismissal be annulled and that he be granted
the right to avail himself of the provisions of the articles mentioned above.
Therefore, pending clarification of the matter, Mike Wazowski should be
immediately reinstated in his job with the rights to which he is entitled.
Yours sincerely,
Valerie Baez
Shop Steward
Grievance #4
Facts:
Mary is a clerk/cashier in the BC Liquor Store. She is an alcoholic who regularly misses
shifts due to “illness”. Mary has received written warnings about this and last fall had a
paid 1-month suspension during which she was required to go through a detox and rehab
program. Yesterday, Mary was caught stealing liquor from the store and attempting to
carry it out in her backpack without paying. Store surveillance tapes show Mary sneaking
2 bottles into the staff room in the middle of her shift and hiding them in her pack. Mary
is terminated immediately based on the theft and her previous bad record.
Grievance:
We hereby grieve the termination of Mary Carter dated January 14, 2021. Mary is an
alcoholic who was simply feeding her habit. Alcoholism is a recognized disability and
Mary deserves treatment not punishment. We request her immediate reinstatement with
full back pay for all shifts missed due to the unjust termination and removal from her file
of all references to this wrongful termination. In addition we request that Mary be given
3 months unpaid leave to attend an intensive residential alcohol rehabilitation program.
2. You are the Labour Relations Specialist and you need to assist the manager
in replying to this grievance. With reference to your assigned collective
agreement (if applicable), draft the reply. Make assumptions about the facts
as you deem necessary but state those assumptions explicitly in the
grievance response.
February 13, 2023
Grievance AAA 001-2023
Dear Mr. Altamirano:
I am writing in reply to your grievance of January 30, 2023. Unfortunately, after
careful consideration, we have decided to deny this grievance.
Under Article 9.04.02 (Step One), which stipulates that “the employee, with or
without a Shop Steward or Union Committee member (at the employee’s option),
shall first discuss the grievance with her/his immediate supervisor or department
4. head within seven (7) calendar days of the occurrence of the grievance. In this
first step, both parties shall make every effort to settle the dispute”. I regret to
inform you that this grievance was received fifteen (15) calendar days after the
occurrence, which means January 30, which represents a sufficient reason to
deny the present complaint.
Therefore, Mary Thatcher’s termination is in full compliance with the agreement
of the Health Services & Support Facilities Subsector Collective Agreement
between the Association of Unions (HEU, CUPE, BCGEU, IUOE, IBEW, USW, BCNU,
UBCJA, UAJAP&P, IUPAT, PPWC) and HEABC, under which this organization is
governed.
Yours truly,
Valerie Baez
Director of Labour Relations
