Dispute Resolution: Ombudsman’s Office – Children and Youth Unit
AMAPCEO's various collective agreements all contain a process for resolving workplace issues, complaints and formal disputes in the workplace. These dispute resolution processes have all been designed to encourage informal resolutions of complaints, both before the complaint is formally disputed and during the formal dispute resolution process itself.
The OCA (formerly OPACY) Collective Agreement has a four-stage dispute resolution process which includes: the Informal Stage; Stage One; Stage Two and Referral to Arbitration.
Continue reading to learn more about the following:
Upon becoming aware of a workplace issue or complaint which could give rise to a dispute, AMAPCEO-represented employees have the option of trying to work with their local manager and other Employer representatives to resolve the issue or complaint at a local level, before the dispute becomes formal.
Employees may seek the assistance of an AMAPCEO Workplace Representative at any point in the Informal Stage, including representation at informal meetings with their manager.
Though this step is not mandatory, engaging with a local manager at the Informal Stage can help foster a more harmonious and productive working environment. Informal resolution of workplace disputes can be pursued even after Stage One has been triggered.
If an employee’s workplace complaint is not resolved at the informal stage OR if the employee declines going through this informal step, the employee may submit a Formal Stage One dispute with their manager within 30 working days of becoming aware of the conditions giving rise to the complaint.
To file a Stage One dispute, the employee must request a Stage One Dispute Form from an AMAPCEO Workplace Representative. The manager will be required to meet with the employee following receipt of the dispute. The employee has the right to bring a Workplace Representative to this meeting. The manager must provide the employee and the employee’s Workplace Representative their decision in writing within 14 working days of receiving the dispute form.
If an employee’s workplace complaint is not resolved at Stage One and the employee wishes to escalate their dispute, the Collective Agreement permits AMAPCEO to file a formal dispute on behalf of that employee within 20 working days receiving the manager’s decision. In other words, for the complaint to continue to Stage Two of the dispute resolution process, AMAPCEO must agree to “carry” the dispute forward.
To determine whether AMAPCEO will carry the formal dispute to Stage Two, AMAPCEO will complete the AMAPCEO Internal Stage Two Dispute Carriage Determination Process (see Stage 2). If AMAPCEO agrees to carry the dispute to Stage Two, it will file the formal dispute within the 20 working day timeline.
Should AMAPCEO carry a dispute forward to Stage Two, the Collective Agreement requires the Employer to meet with the employee at a Stage Two meeting within 15 working days of submission of the Stage Two dispute. The Dispute Resolution Officer (DRO), who is an AMAPCEO staff member, will represent the complainant in the Stage Two meeting with the Employer.
The Collective Agreement requires the Employer to submit a written decision within seven (7) working days of the Stage Two meeting.
If the parties are unable to resolve the dispute at Stage Two, the Association on behalf of the complainant may decide to carry the dispute forward to arbitration or mediation.
Carrying an OCA Employee’s Complaint to Stage Two: Dispute Carriage Process
A significant element of any dispute resolution process is that AMAPCEO assumes “carriage rights” at a specific stage in the process. Carriage is the ability to advance a dispute forward at the various stages of the dispute resolution process.
AMAPCEO-represented employees of the OCA bargaining unit may raise a complaint at the Informal Stage and file a Formal Stage One dispute, however, for the complaint to continue to the subsequent stages, AMAPCEO must agree to “carry” the dispute forward to Stage Two and Arbitration.
To carry a dispute to Stage Two, the AMAPCEO Dispute Resolution Officer (DRO), a staff member at the AMAPCEO office, will review the complainant’s Stage One dispute and consult with the complainant and the complainant’s chosen Workplace Representative as necessary. After careful review, the DRO will prepare a written dispute recommendation for AMAPCEO’s Director of Dispute Resolution.
If the Director recommends that the dispute should proceed to Stage Two, the DRO will notify the complainant and file the Stage Two dispute with the Employer. The DRO will also report to the WRC and to the OCA Employer-Employee Relations Committee Co-Chair that the dispute is proceeding to Stage Two. If the Director decides that the dispute should not proceed to Stage Two; the Workplace Relations Committee will automatically review this decision. The DRO will then alert the complainant of the denial and the WRC review process. The DRO will also inform the complainant that they can send in a written rationale or arguments as to why the WRC should overturn the decision not to carry the dispute forward.
Summary of Process
Deny - Automatic Review to Workplace Relations Committee (WRC)
- DRO notifies complainant of:
- Dispute Resolution Director’s decision to deny proceeding to Stage Two;
- Automatic review of the denial by the WRC; and
- Complainant’s right to send in additional material for WRC review.
The WRC meets to review the denial, with one of two results:.
WRC Overturns Denial
If the WRC overturns the denial, the DRO will:
- Inform the Complainant of the WRC’s decision; and
- File the Stage Two dispute with the Employer.
WRC Upholds Denial
- WRC’s decision is final (no right of appeal or review);
- The dispute does not proceed; and,
- DRO reports the decision to the complainant and to the Labour Relations Committee Co-Chair.
Carrying a Dispute Forward to Arbitration
After receiving the Stage Two denial from the Employer, the Dispute Resolution Officer (DRO) will make a written recommendation to the AMAPCEO Workplace Relations Committee (WRC) on whether the Association should or should not carry the dispute forward to mediation or arbitration.
Note: a DRO may recommend that the dispute proceed to mediation only, and that a decision about arbitration be determined at a later date should mediation not lead to a settlement of the dispute.
The WRC will meet to review the DRO’s recommendation and decide whether the dispute is carried forward, or advanced, to either for mediation or arbitration.
Should the WRC decide not to advance a dispute to mediation or arbitration, the complainant will have the right to appeal this decision to AMAPCEO's Executive Committee.
Summary of Process
Arbitration or Mediation Approved by the WRC
- DRO notifies the complainant and files the dispute to mediation or arbitration
Mediation or Arbitration Denied by theWRC
- The DRO notifies the complainant in writing of:
- The decision to deny carriage of the dispute to mediation or arbitration;
- The complainant's right to appeal this decision to the AMAPCEO Executive Committee;
- The complainant’s obligation to indicate their intention to appeal the decision in writing within 5 business days of the denial letter; and
- The option to submit documentation, and/or appear before the Executive Committee in-person (at the complainant's expense) or by teleconference.
Should the complainant appeal the WRC's decision, the Executive Committee will hear the complainant’s appeal, as well as review the WRC's original decision not to carry the dispute forward to mediation or arbitration.
If the Executive Committee upholds the WRC's decision to withdraw the dispute, there is no further right of appeal of this decision.