The Grievance Process
The New Brunswick Nurses Union represents members during grievance procedures against employers who are in violation of the collective agreement. The grievance process protects the nurse by providing the opportunity of a fair hearing and the right to grieve an unjust situation.
The grievance procedure is described in each collective agreement and must be followed. Otherwise, the grievance may be disallowed.
NBNU represents numerous nurses in grievances each year and many are settled before they reach adjudication.
Your collective agreement is a contract binding all parties. Negotiated rights and obligations cannot, under any circumstances, be removed or modified.
If you have a grievance with your employer, please contact your Local President or Labour Relations Officer.
Arbitration / Adjudication
If the complaint cannot be resolved through the grievance procedure, the matter will be referred to adjudication, where a final and binding decision will be made by an external independent third-party adjudicator. The decision to refer the matter to adjudication rests solely with NBNU and occurs after a thorough examination of the facts.
Adjudication is the private, judicial determination of a dispute by an independent third party. Adjudication is an alternative to court action (litigation), and generally, just as final and binding.
General principles of adjudication are as follows:
- The object of adjudication is to obtain a fair resolution of disputes by an impartial third party
- Parties should be free to agree how their disputes are resolved
- Courts should not interfere