STATEMENT OF POLICY AND PROCEDURE

Section: NLLS Employee(s) | Chapter: Code of Ethics | Page(s): 3

Subject: GRIEVANCES | Sec 1, 3Q  & Appendix W

Reviewed: 2020-02-21 | Revised: 2020/-05-23 | Effective: 2023-05-26

SECTION 1 - 3.Q GRIEVANCES & APPENDIX W

GRIEVANCES

Although we seek to provide a workplace in which all employees feel that they are an important part of the Northern Lights Library System (NLLS) and where employees feel fairly treated, there may be times when a dispute between employees and management must be resolved through a formal procedure for dispute resolution. Disputes between an existing employee and NLLS are to be resolved in accordance with the following procedure. NLLS reserves the right to apply this policy and its procedure in its sole discretion.

1. General
   1. Any current employee may file a grievance related to conditions of employment, workplace harassment, occupational health and safety issues, or other employment related issues.
   2. A former employee who has resigned, or whose employment has been concluded by NLLS, is not permitted to file a grievance under this policy.
   3. Nothing in this policy prohibits an employee, or former employee, from seeking remedies available under the Employment Standards Code, the Alberta Human Rights Act, the Occupational Health and Safety Act, any other employment related legislation, or from involving the courts.
   4. NLLS strives to maintain confidentiality, impartiality, and fairness throughout the grievance process.
   5. All matters related to a grievance shall be kept confidential to the extent possible. However to allow sufficient and proper investigation into a grievance, absolute confidentiality cannot be guaranteed. Investigation into a grievance shall involve the aggrieved, and those named in the grievance, as well as others who may have relevant information regarding the grievance.
   6. A grievance will be filed in the following order:
      1. Level 1 adjudicator – immediate Supervisor or Department Manager,
      2. Level 2 adjudicator – Executive Director,
      3. Level 3 adjudicator - Chairperson of the Grievance Committee.

Grievances related to the Executive Director begin at level 3. An employee who fails to strictly comply with the foregoing may be subject to disciplinary action, up to and including termination of employment.

1. 7. The adjudicator for each level will be the individual(s) responsible for rendering a written decision.
   8. The involvement of witnesses will be at the discretion of the adjudicator.
   1. An employee who files a grievance under this policy shall not be subjected to any retaliatory action from any party.
   10. Disciplinary action, up to and including termination of employment, may result for any retaliatory action.
   11. An employee who files a frivolous or vexatious grievance, or a grievance in bad faith, (as determined by NLLS) may be subject to disciplinary action, up to and including termination of employment.
   50. If the Executive Director is absent from work for more than one (1) consecutive week, their designate has the authority to administer this policy.

2. Procedure

Level 1

1. The employee shall, before taking any other steps, discuss the matter with their immediate Supervisor. Formal grievances will not be accepted until the matter is discussed with their immediate Supervisor. If the matter is informally resolved by the involved parties, no further action(s) will be taken. Otherwise;

2. the aggrieved shall formally file a grievance in writing, using Appendix W, to their immediate Supervisor within ten (10) working days of the conversation with their supervisor that did not produce an agreeable resolution.

3. A grievance filed after ten (10) working days of the initial conversation with their Supervisor must begin again at step A before a formal grievance may be submitted.

4. The immediate Supervisor or Manager shall render a written decision regarding the grievance within ten (10) working days.

Level 2

1. Failing satisfactory resolution of the grievance under Level 1, the grievor shall submit the grievance in writing to the Executive Director within five (5) working days after receipt of the grievance decision from the employee’s immediate Supervisor or Manager.
2. A grievance submitted to the Executive Director more than five (5) working days after the grievor’s receipt of the grievance decision from the employee’s immediate Supervisor or Department Manager shall not be accepted, further reviewed, or further adjudicated.
3. The Executive Director shall meet with the grievor to discuss the grievance. The Executive Director shall also meet with any parties to the grievance. If required, the Executive Director shall perform an investigation into the grievance. In addition to interviewing the parties to the grievance, the Executive Director’s investigation may include interviewing others who may have relevant information regarding the grievance. The Executive Director will review and consider all available information and documentation that is relevant to the grievance.
4. The Executive Director shall render a written decision within ten (10) working days.

Level 3

1. Failing satisfactory resolution of the grievance under Level 2, the grievor shall submit the grievance in writing within five (5) working days after receipt of the Executive Director’s grievance decision to the Chairperson of the Grievance Committee.

2. A grievance submitted to the Chairperson of the Grievance Committee more than five (5) working days after the grievor’s receipt of the grievance decision from the Executive Director shall not be accepted, further reviewed, or further adjudicated.

3. The Executive Director will provide the Chairperson of the Grievance Committee with all information and documentation relevant to the grievance, for the review and consideration of the Grievance Committee.

4. The Grievance Committee shall meet with the grievor to discuss the grievance. The Grievance Committee shall also meet with any parties to the grievance.
    
5. The Grievance Committee shall render a written decision within twenty (20) working days.
    
6. The written grievance decision of the Grievance Committee is final, subject to any applicable statutes.

Grievance Against Executive Director

1. If an employee’s grievance relates to the Executive Director, the grievance will proceed directly from Level 1 to Level 3. Accordingly, the employee shall formally submit a grievance in writing, using Appendix W, to the Chairperson of the Grievance Committee within ten (10) working days of the initial conversation with the Executive Director.
    
2. A grievance relating to the Executive Director that is submitted to the Grievance Committee more than ten (10) working days after receipt of the grievance decision from the Executive Director shall not be accepted, reviewed, or adjudicated.
    
3. The Grievance Committee shall meet with the grievor and the Executive Director separately to discuss the grievance. The Grievance Committee will review and consider all available information and documentation including interviewing relevant parties.
    
4. The Grievance Committee shall render a written decision within twenty (20) working days.

5. The written grievance decision of the Grievance Committee is final, subject to any applicable statutes.

3. Resolution of Grievance

1. If the grievor agrees with a written grievance decision, they shall sign the decision in acknowledgment that the matter is resolved.
    
2. A copy of the grievance and the written grievance decision(s) will be placed in the grievor’s personnel file, as well as the personnel file of other parties to the grievance.
    
3. Written grievances do not constitute disciplinary action although it may be recommended as part of the decision, see Sec 1, 1P Performance Management.

4. Grievance Committee

1. The Grievance Committee will consist of 5 members:
   1. NLLS Vice Chair
   2. Four (4) Members of the NLLS Board (one from each zone/non-Executive)
   3. Each Zone shall appoint an alternate.
2. The Chairperson of the Grievance Committee will be chosen by its 5 members, from among its 5 members.