Union Grievances: How the Step-by-Step Procedure Actually Works

Your employer just suspended you without a valid reason. Or they gave a posted position to someone with less seniority than you. Or they cut your shift premium without consulting anyone. You know, in your gut, that something isn't right — but you're not sure what to actually do about it.

That's exactly what a grievance is for. A grievance is the formal mechanism through which a unionized worker (or the union itself) challenges a violation of the collective agreement. It's your most fundamental right as a union member — and understanding how the procedure works is the first step to making sure you don't lose that right by default.

What Exactly Is a Grievance?

A grievance is a formal complaint alleging that a clause of the collective agreement — or, in some cases, an applicable labour statute — has been violated by the employer.

There are three main types:

• Individual grievance: Filed on behalf of a single worker (e.g., an unjustified suspension, a denied leave provided for in the agreement).
• Group grievance: Filed on behalf of several workers affected by the same violation (e.g., a schedule change imposed on an entire team).
• Policy grievance (union or employer): Filed by the union itself to challenge a general employer practice that contravenes the collective agreement.

Key point: The union owns the grievance. Even if the violation affects you personally, it's the union that decides whether a grievance is filed, how it's framed, and whether it goes to arbitration. This comes with an important legal safeguard: the union's duty of fair representation — the legal obligation to represent you in a way that is not arbitrary, discriminatory, or in bad faith (Québec Code du travail, s. 47.2; Canada Labour Code, s. 37 for federally regulated workers).

Before You File: Is There Actually a Violation?

Before anything else, you need to confirm there's genuine grounds for a grievance. Just because a situation feels unfair doesn't automatically make it a contractual violation.

Ask yourself these questions:

1. Which clause of the collective agreement applies? Look at the relevant section — discipline, seniority, scheduling, wages, leaves…
2. Did the employer act contrary to that clause? Compare the exact wording to what actually happened.
3. Is there a past practice or precedent? A repeated, consistent employer practice can carry as much weight as a written clause.
4. Am I within the time limit? (More on this below — it's critical.)

If you're unsure, speak to your union steward — the person designated by the union to represent workers in your workplace — as soon as possible. Don't let time slip by hoping things resolve themselves.

A Concrete Example

Imagine your collective agreement says that posted positions must be awarded to the most senior qualified candidate — meaning the worker with the greatest number of years of service. Your employer instead selects someone hired after you. That's a potential grievance: the seniority clause may have been violated.

Deadlines: The One Rule You Cannot Afford to Ignore

This is the most critical aspect of the entire procedure. Grievance deadlines are often extinctive — meaning if you don't file within the specified window, you lose your right to challenge the situation. Full stop. Even if your grievance is completely valid.

These deadlines are set by your collective agreement, not by a single universal law. They vary, but typically range from 5 to 30 business days from the moment you became aware (or should have become aware) of the violation.

Practical rule: The moment you think a violation has occurred, notify your union steward that same day or the next. Don't assume the union already knows.

What Starts the Clock?

The deadline typically begins from:

• The date the employer's decision was communicated to you (e.g., a suspension letter).
• The date you became aware of the triggering event (e.g., you find out someone else was given the position).
• Sometimes, the date the violation occurred or repeated itself (for ongoing violations).

For continuous violations — think an employer who week after week refuses to pay a contractual premium — the deadline may reset with each occurrence. Ask your steward whether your situation qualifies.

The Step-by-Step Procedure

Most collective agreements set out a two- or three-step procedure before reaching arbitration. Here's the typical structure.

Step 1 — Local Discussion or Informal Meeting

The union (through the steward) submits the grievance in writing to the employer, typically to the direct supervisor or human resources. A meeting is held to attempt an informal resolution.

• Form: The grievance must be written and signed. It should clearly identify the alleged violation, the clause(s) at issue, and the remedy requested (what you're asking for as a resolution).
• Employer response deadline: Set by the agreement, often 5 to 10 days.

If the employer resolves the grievance at this stage, the process ends. If the response is unsatisfactory — or there's no response — the union can move to the next step.

Step 2 — Meeting with Management

The grievance escalates to a higher level in the employer's hierarchy (e.g., director of operations, VP of human resources). The union may send an official representative — often a union officer or union representative, meaning a full-time paid employee of the union.

• This is typically where the substantive arguments are genuinely debated.
• Documents may be exchanged, preliminary witness statements presented.
• The goal remains a negotiated settlement.

Step 3 (If Applicable) — Pre-Arbitration Mediation

Some collective agreements, and some sectors in Québec, include a mediation step before arbitration. A neutral mediator helps the parties attempt a voluntary agreement. This step is non-binding — neither party is forced to accept the outcome.

Referral to Arbitration

If the grievance isn't resolved through the earlier steps, the union can refer it to arbitration. This is the final stage of the grievance procedure. Strict deadlines apply here too — your agreement will specify how long the union has to file the arbitration request after receiving (or not receiving) the employer's final response.

Important: The union — not you — decides whether to refer the grievance to arbitration. If the union refuses and you believe that refusal is arbitrary or discriminatory, you can file a complaint with the Tribunal administratif du travail (TAT) under the Code du travail in Québec, or with the appropriate federal board for federally regulated workers.

Arbitration: What Actually Happens?

Grievance arbitration is a specialized, private tribunal process. An arbitrator — typically a lawyer or labour relations expert jointly chosen by both parties, or appointed by the TAT — hears the case and renders a final, binding decision called an arbitral award.

How an Arbitration Hearing Unfolds

1. Opening: The arbitrator identifies themselves; the parties are introduced.
2. Statement of positions: Each side presents its case and position.
3. Evidence: Witnesses, documents, emails, pay stubs, schedules — arbitration rules of evidence are more flexible than in civil court.
4. Oral arguments: Representatives from both parties (often lawyers or union advisors) argue on the law and the facts.
5. Deliberation and award: The arbitrator issues a decision — sometimes on the spot, often several weeks later.

The Burden of Proof

As a general principle in grievance arbitration:

• In disciplinary matters (suspensions, terminations), it is the employer who bears the burden of demonstrating that the measure was justified and proportionate to the alleged misconduct.
• For other contractual violations, the union must first establish, on a balance of probabilities, that a violation took place.

Balance of probabilities means it must be shown that it is more likely than not that the violation occurred — not beyond a reasonable doubt, as in criminal law.

Possible Remedies

An arbitrator can order a wide range of remedies:

• Reinstatement (in cases of unjust termination)
• Payment of lost wages, with interest
• Cancellation of a disciplinary measure and removal of a letter from the file
• Award of a position or promotion
• Financial compensation for harm suffered
• An order to cease the contested practice

The Union's Role — and Yours

Many unionized workers assume that once a grievance is filed, they have nothing left to do. That's not accurate. Your active participation matters.

What the union does for you:

• Drafts and files the grievance within the required deadlines.
• Gathers evidence and prepares the arguments.
• Represents you at each step and at arbitration.
• Negotiates potential settlements.

What you need to do:

• Document the facts as soon as possible — dates, times, witnesses, written messages.
• Keep all relevant documents (letters, schedules, pay stubs, emails).
• Be available to testify if needed.
• Communicate honestly and completely with your union representative.

Practical tip: Keep a personal log of disputed events — note the date, time, what was said or done, and who was present. This log can become valuable evidence in front of an arbitrator.

A Second Example

Say your employer imposes a schedule change without the notice required by your collective agreement. You're frustrated but wait a week before mentioning it to your steward. During that week, you haven't noted any facts, you've discarded the schedule notice, and the filing deadline has now passed. Result: you lose your right to challenge the situation — even though the employer was clearly in the wrong. This scenario is entirely avoidable, as long as you act quickly.

What Can Sink a Grievance (and How to Avoid It)

Many solid grievances are lost not because they lacked merit, but for procedural or practical reasons.

A negotiated settlement is often the best outcome — but only if you understand what you're giving up by signing. Settlements typically include a waiver clause, meaning you cannot reopen or re-challenge the same matter afterward.

Conclusion: Your Grievance Won't Defend Itself

The grievance procedure is a powerful tool — but like all tools, it does nothing if you don't know how to use it, or if you wait too long to pick it up. Deadlines are short, steps are precise, and documentation often makes the difference between winning and losing.

The takeaway is simple: act fast, document everything, and work hand in hand with your steward. Your collective agreement isn't a passive document — it's a living contract you have the right to enforce.

Have a concrete situation and you're wondering whether it warrants a grievance? Not sure which clause in your agreement applies to your case? Ask your question directly on Konvention — our tool helps you break down your collective agreement clause by clause, in plain language, so you can understand your rights and act with confidence.