⟩ Explain how are grievances settled?
☛ a) Every collective agreement must contain a grievance procedure for settling disagreements without work stoppages with respect to the application, interpretation, and administration of the agreement. Where a collective agreement does not contain such a provision, the Industrial Relations Act deems such a procedure to be included in the agreement.
☛ b) The grievance mediation procedure is a voluntary process which can be an effective alternative to grievance arbitration. Grievance mediation does not interfere with the rights of the parties to have access to the grievance and arbitration processes. The parties to a collective agreement through the assistance of a grievance mediator, attempt to resolve a grievance through negotiations, therefore allowing the parties to control and shape settlements. If no agreement is reached, the grievance may still be referred to Arbitration. The only expense incurred by the parties in grievance mediation is the cost of the facilities, if necessary.
☛ c) Arbitration is a process by which a third party makes a settlement decision that is final and binding on the parties. The Arbitrator is not familiar with the negotiations that have taken place between the parties. All he or she knows, and all he or she can base the decision on is what the Arbitrator hears and sees at the Arbitration.