Grievances

As your union, ONA34 is committed to protecting your rights in the workplace. If you believe that the hospital has violated the collective agreement, you may have grounds to file a grievance.

We are here to ensure that your rights are upheld and that your employer is held accountable to the collective agreement.

If you have any questions or believe that you have grounds for a grievance, do not hesitate to reach out to local34@ona.org.

What is a Grievance?

A grievance is a formal complaint that arises when an employer breaches the terms of the collective agreement. Common grievance issues include:

• Violation of contract language (e.g. scheduling, pay, overtime).
• Unjust discipline or termination.
• Health and Safety Concerns.
• Discrimination or harassment.
• Failure to provide accommodation/modified duties.

The Grievance Process

1. Speak with your Manager
   • If possible, discuss the issue with your immediate supervisor to seek a resolution. Some disputes can be resolved informally.
   • Complaints must be discussed with the immediate supervisor within nine (9) calendar days after the incident given rise to the complaint.

2. Contact ONA
   • If the issue is not resolved, reach out to ONA at local034@ona.org. Please provide the pertinent information related to your concern. Please include the reason(s) that you feel the collective agreement was violated and include your name, unit, and employment status (fulltime, parttime, or casual).
   • Grievances must be filed within nine (9) calendar days following the response received from the immediate supervisor.

3. Filing a Grievance
   • If a grievance is warranted, ONA will submit a written grievance in writing to the employer. The grievance will outline the issue(s), relevant contract violations, and the resolution(s) sought.
   • You will be contacted by the Grievance Chair to sign the written grievance, and you will be provided with a Grievance Fact Sheet to complete and return to ONA.

4. Grievance Meeting and Resolution Attempts
   • The union and employer will meet to discuss the grievance. The goal is to reach a fair resolution. If a resolution cannot be reached, the grievance may proceed to arbitration.

5. Arbitration (if necessary)
   • If no resolution is found, ONA may take the case to arbitration, where an independent third party will make a binding decision.

Understanding the Principle of “Obey and Grieve”

Understanding your rights and entitlements under the collective agreement is important for ensuring that you receive all of the benefits of being an ONA member. An important principle that members must understand to protect your rights in the workplace is “Obey and Grieve.”

The obey and grieve principle means that if you receive direction from management that you believe is unfair, violates the collective agreement, or is otherwise unreasonable, you should comply with the order first and then file a grievance afterwards. The rationale behind this approach is to ensure that patient care is not disrupted and to protect you from potential disciplinary action for insubordination.

When Does “Obey and Grieve” Apply?

• If the re quest does not endanger your health and safety, or the safety of others.
• If the order is within the scope of your employment.
• If the instruction is not illegal or unethical.

When can you refuse?

Under the Occupational Health and Safety Act, you have the right to refuse work if:

• The task poses an immediate danger to your health and safety.

In such cases, you should immediately report your concerns to your manager, or designate, and contact ONA34 for support.

Why is “Obey and Grieve” Important?

Following the principle not only protects you from discipline but also ensures that we can formally challenge violations of our collective agreement. By filing a grievance, we can hold the employer accountable, seek resolutions, and prevent similar issues in the future.

What Should You Do if You Need to Grieve?

1. Document the issue: Note the date, time, details of the order, and any witnesses.
2. Follow the direction as required (unless it is unsafe or illegal or unethical).
3. Contact ONA34 at local034@ona.org as soon as possible to discuss filing a grievance.

ONA34 understands that workplace issues can be frustrating and following the “Obey and Grieve” principle can add to this frustration. Following the “Obey and Grieve” principle ensures that we address concerns through the proper channels while protecting your job security and our collective rights and entitlements.

Other Complaint Resolution Processes

Your collective agreement contains different processes to address different kinds of problems/complaints in the workplace. Knowing which one applies helps make sure your concern is handled properly. 

Learn more about other complaint resolutions processes on the Your Rights and Entitlements page.