Informal Conflict Management
If you are an employee represented by the Union of National Employees and you have decided that you wish to attempt to resolve your issue(s) through Informal Conflict Management System (ICMS), the following information is intended to ensure that you do not unknowingly give up your rights to resolve your issues through the grievance process. The union supports the use of ICMS when appropriate and can provide you with assistance and/or representation in this process when requested.
The following information is intended to provide you with some safeguards to ensure that your rights under the collective agreement are not lost or violated.
- As an employee represented by the UNE, you have legally protected rights under the collective agreement. In order to protect your right to file a grievance (whether it is related to a violation of the collective agreement or not), you must ensure the grievance is filed within 25 days of the last known incident of the alleged wrongdoing.
- Contact your local union representative for assistance. A union representative can:
- Provide you with support and/or representation throughout the ICMS process and may speak on your behalf if you request it. (The ICMS Advisor is there to act as a neutral, not to act as your support or representative)
- Provide you with assistance to determine if a grievance should be filed
- Protect your rights under the collective agreement, including ensuring time lines are met
- Determine if and when ICMS may not be appropriate, such as in the case of potential settlement of collective agreement issues which could compromise the rights of other bargaining unit members
- Ensure that all settlement agreements dealing with collective agreement issues are referred to the Union of National Employees for mandatory approval and sign-off
- If it is determined that you should file a grievance, and you still want to proceed with the ICMS process, the union representative will ensure that the grievance is put in abeyance until such time as it is determined whether or not the issue has been resolved through ICMS.
- Filing a grievance does not detract from the ICMS process or the intent to try and informally resolve the issue(s). It only serves to protect your rights under your collective agreement and provides you with another avenue for potential resolution. You should not give up this right
- If the grievance is related to a collective agreement issue (one of your substantive rights); a union representative must be contacted and will assist you. This is to ensure that your rights under the collective agreement are never compromised. The presence of a union representative will not compromise your ability to resolve the issue informally; it will only ensure the protection of all of your rights.
- The union not only supports the use of ICMS, but the union can and often does resolve the majority of issues informally.
- If you have selected ICMS and determined that it is not working, the union will immediately have your grievance taken out of abeyance and proceed with the grievance process. You can re-engage in the ICMS process up to the time of the commencement of the final level grievance hearing.
- Your union representative can also provide you with assistance if there is any form of retaliation for having brought your complaint/grievance forward.