Dispute resolution

Informal resolution

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 the Formal Stage has been triggered.

Formal Stage

If an employee’s workplace complaint is not resolved at the informal stage or if the employee declines going through this informal step, AMAPCEO, on behalf of the employee, may submit a Formal Dispute with their manager within 30 working days of becoming aware of the conditions giving rise to the complaint.

In other words, for the complaint to continue to the Formal Resolution Stage of the dispute resolution process, AMAPCEO must agree to “carry” the dispute forward. 

To determine whether AMAPCEO will carry the formal dispute AMAPCEO will complete the AMAPCEO internal dispute carriage determination process (see below). Should AMAPCEO carry a dispute forward to the formal stage, the Collective Agreement requires the Employer to meet with the employee at a formal meeting within 15 working days of submission of the formal dispute. The Dispute Resolution Officer (DRO), who is an AMAPCEO staff member, will represent the complainant in the formal meeting with the Employer.

The Collective Agreement requires the Employer to submit a written decision within seven working days of the formal meeting.

Arbitration

If the parties are unable to resolve the dispute at Stage Two, the union, on behalf of the complainant, may decide to carry the dispute forward to arbitration or mediation.  

Formal Stage: 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 in the Ombudsman bargaining unit may raise a complaint at the Informal Stage , however, for the complaint to continue to the subsequent stages, AMAPCEO must agree to “carry” the dispute forward to the Formal Stage and Arbitration.

To carry a dispute to the Formal Stage, the AMAPCEO Dispute Resolution Officer (DRO), a staff member at the AMAPCEO office, will review the complainant’s 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 the Formal Stage, the DRO will notify the complainant and file the formal dispute with the Employer. The DRO will also report to the WRC and to the Ombudsman Employer-Employee Relations Committee Co-Chair that the dispute is proceeding to the Formal Stage. 

If the Director decides that the dispute should not proceed to the Formal Stage, 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 the Formal Stage;
  • 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 formal  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 Formal Stage denial from the Employer, the Dispute Resolution Officer (DRO) will make a written recommendation to the AMAPCEO Workplace Relations Committee (WRC) on whether the union 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 the WRC

• 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 five 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.