CUASA Grievance Handling Policy
Adopted on March 19, 2026
Approval Authority: CUASA Council
Preamble
CUASA’s Grievance Policy and Administration Committee (the “Committee”) exists under CUASA’s Constitution and its duties, reporting responsibilities, and composition are defined under Bylaw 7. One of the Committee’s duties under Bylaw 7 is “Developing and recommending to Council a policy on grievance handling.”
Policy Statement
CUASA is committed to ensuring that complaints and grievances are handled in a manner that is consistent with the union’s duty of fair representation under section 74 of Ontario’s Labour Relations Act:
A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
CUASA aims to meet its duty of fair representation by ensuring member input is considered in decision making, by avoiding bias and conflict of interest in decision making, by considering all relevant factors prior to making a decision, and by providing an appeal process for members who disagree with decisions made by grievance staff.
Authority and Responsibilities of the Committee
Under Bylaw 7, the Committee shall be responsible for:
- Directing of the grievance process in consultation with Association staff;
- Developing and recommending to Council policy on grievance handling;
- Approving grievances to be taken to arbitration; and,
- Advising the Collective Bargaining Committee on grievance issues.
These responsibilities will be exercised in a manner that is not arbitrary, discriminatory, or in bad faith.
General Decision-Making Policy
CUASA has carriage rights over complaints and grievances. This means that CUASA has the right to decide whether a complaint or grievance will be filed, settled, withdrawn, or referred to arbitration. These decisions will be made in a manner that is consistent with the union’s duty of fair representation.
CUASA will make reasonable efforts to assess potential complaints and grievances in a timely manner. Grievance staff will acknowledge receipt of a complaint or grievance inquiry within one (1) business day and provide an initial assessment or status update within fifteen (15) business days, unless circumstances require additional time.
Members wishing to appeal a decision of grievance staff must do so in writing within fifteen (15) business days of receiving notice of the decision.
The Committee will make reasonable efforts to issue a decision on appeal within fifteen (15) business days of receiving all relevant materials. Where delays occur, affected members will be advised. Members will be kept reasonably informed of the status of their complaint or grievance throughout the process.
Some decisions are made by grievance staff. However, decisions made by grievance staff may be appealed to the Committee for a final decision if the affected member(s) disagree with the decision. Other decisions are made by the Committee, and while input from the affected member(s) will be considered by the Committee, decisions of the Committee cannot be appealed.
The Committee’s decisions will be determined by majority support for one of the available options and will consider the recommendation of grievance staff, the input of the affected member(s), the best interests of the membership, estimated costs, and any other relevant factors such as legal merit, potential precedent, and overall impact on the bargaining unit.
All decisions of the Committee shall be final.
Affected member(s) will receive written notice of decisions impacting their complaint or grievance, including a summary of the reasons for the decision and the factors considered. This will be communicated to the member by the Grievance Chair.
Decision-Making Summary
| Action requiring a decision | First decision | Final decision |
|---|---|---|
| Filing an individual complaint/grievance | Grievance staff | Committee (on appeal) |
| Filing an Association complaint/grievance | – | Committee |
| Accepting or proposing a settlement | – | Committee |
| Referring a grievance to arbitration | – | Committee |
| Withdrawing an individual complaint/grievance | Grievance staff | Committee (on appeal) |
| Withdrawing an Association complaint/grievance | – | Committee |
| Proposing mediation or agreeing to mediation | – | Committee |
| Obtaining assistance from external legal counsel | – | Committee |
| Holding a complaint or grievance in abeyance | Grievance staff | Committee |
| Member appeal of any decision not included in this chart related to a complaint/grievance, or potential complaint grievance, made by grievance staff and/or the grievance chair | – | Committee |
Grievances Held in Abeyance
Where a complaint or grievance is held in abeyance, grievance staff will notify the affected member(s) in writing and provide the reasons for doing so. Grievance staff will provide periodic updates and will review the abeyance regularly to determine whether the matter should proceed.
Bias and Conflict of Interest
If a Committee member or a grievance staff member has a conflict of interest, could be reasonably perceived as having a conflict of interest, is biased, or could be reasonably perceived as being biased, as it relates to a complaint or grievance, CUASA’s Conflict of Interest Policy will apply.
Use of External Legal Counsel
CUASA is not required to provide external legal counsel to its members. However, in some circumstances it may be appropriate to obtain assistance from external legal counsel. The Committee shall review these circumstances on a case-by-case basis to determine if external legal counsel is required.
Consulting with external legal counsel may include seeking legal advice from the Canadian Association of University Teachers (CAUT), the Ontario Confederation of University Faculty Associations (OCUFA), or a law firm.
Grievance staff will maintain a list of law firms that may be retained for assistance.
Nothing in this policy prevents members from seeking independent legal advice at their own expense.
Arbitration Transparency
Where the Committee decides not to refer a grievance to arbitration, affected member(s) will be advised in writing of the decision and provided with a summary of the reasons by the Grievance Chair.
Confidentiality
The Committee and grievance staff shall maintain confidentiality to the greatest extent possible when dealing with complaints and grievances. Committee members and grievance staff will sign a confidentiality agreement prior to starting their roles.
Appeal of Decisions
CUASA member(s) affected by a decision made by grievance staff have a right to appeal the decision to the Committee. Appeals must be submitted in writing and must outline the basis for the appeal. The Committee will set an appeal procedure that is fair for each circumstance. The Chair of the Committee will ensure the appeal procedure is clearly communicated to the affected member(s), including timelines, submission requirements, and whether the appeal will proceed by written submissions or a meeting.
Affected member(s) may provide written submissions and relevant documentation in support of their appeal. The Committee may request additional information as required.
The Committee will consider the appeal and issue a written decision. All decisions of the Committee shall be final.
Grievance Handling Procedure
The Committee shall create a grievance handling procedure document, which shall be for internal use only. However, any procedure involving a member affected by a decision will be communicated to the affected member by the Chair of the Committee.
Policy Review
This policy will be reviewed annually by the Committee. Following review, the Committee will recommend to Council that the policy be amended or stay the same.
