What Happens When You Have a Professional Complaint and Grievance: A Guide for Union Presidents and Members

Navigating the waters of professional complaints and union grievances can be complex, particularly when they occur simultaneously. 

For union presidents and members, understanding that these processes are distinct and independent is crucial. This blog explores what happens when both a professional complaint and a union grievance are in play, outlining the processes and decisions involved for both union presidents and members.

Understanding the Dual Processes

Professional complaints and union grievances are governed by different sets of rules and procedures. 

A professional complaint typically addresses issues related to misconduct or incompetence within a regulated profession and is handled by the respective professional regulatory body. On the other hand, a union grievance usually concerns violations of the collective bargaining agreement or unfair practices in the workplace.

The Role of Union Presidents in Grievance Procedures

Union presidents play a pivotal role in the grievance process. Their responsibilities include:

• Representation: Acting as the representative for the union and its members, advocating on their behalf during negotiations with the employer.
• Guidance: Providing guidance to members on their rights under the collective agreement and the proper steps to file grievances.
• Mediation and Arbitration: Leading mediation efforts and, if necessary, proceeding to arbitration to resolve disputes between employees and employers.

Union presidents must ensure that grievances are handled promptly and fairly, adhering to the timelines and procedures outlined in the collective bargaining agreement.

For Union Members: Navigating Professional Complaints

When a union member faces a professional complaint, the process is generally as follows:

• Notification: The member is formally notified by their regulatory body of the complaint and the specific allegations.
• Response: The member is given an opportunity to respond to the allegations, often with the assistance of a professional discipline lawyer.
• Hearing: If the issue proceeds, a hearing may be held where both sides present evidence and arguments.
• Decision: The regulatory body will make a decision based on the evidence presented, which could range from dismissal of the complaint to disciplinary actions.

It’s important for members to seek specialized legal advice when dealing with professional complaints, as these can have serious implications for their professional licenses and careers.

Simultaneous Processes: Managing Both Fronts

When a union member is dealing with both a professional complaint and a union grievance, it’s essential to manage each process independently as one does not automatically halt because the other exists. This requires:

• Clear Communication: Keeping open lines of communication with both the union and the regulatory body to ensure that all involved parties are informed of ongoing proceedings.
• Separate Representation: Utilizing different representatives or advisors for each process, as the expertise required in a labour dispute may differ significantly from that in a professional discipline case.
• Coordinated Strategy: Developing a strategy that allows the member to address both issues effectively without compromising either.

Different Outcomes and Impact

The outcomes of a professional complaint and a union grievance can vary significantly:

• Professional Complaints: This may result in sanctions such as fines, mandatory training, suspension, or even revocation of professional licensure.
• Union Grievances: This could lead to remedies like reinstatement, back pay, or changes in workplace practices.

Each has distinct implications for a member’s career and workplace rights, highlighting the importance of handling each process with due diligence and appropriate support.

Work with a Leading Labour Lawyer at Unified LLP

For union presidents and members, facing simultaneous professional complaints and union grievances demands a disciplined approach to manage each effectively. Understanding the nuances of each process, seeking appropriate legal and union advice, and maintaining clear communication are essential to navigate these challenging waters successfully. Through this, both the professional standards and workplace rights can be upheld, ensuring fair outcomes in both arenas.

A labour lawyer is essential in navigating the complexities of employment law, especially when unionized workplaces are involved. These legal professionals are experts in interpreting labour laws, defending employee rights, and ensuring fair labor practices. 

They play a pivotal role in collective bargaining, grievance arbitration, and advocating for fair treatment in disciplinary actions. Labour lawyers also assist with compliance with labour standards and represent both employees and unions in legal proceedings related to employment disputes. 

Their expertise ensures that employees receive just representation in dealings with employers, contributing significantly to the maintenance of balanced and equitable workplace relations.
If you are in need of a leading labour lawyer in Toronto, please contact our team at Unified LLP.

Frequently Asked Questions (FAQ) for Managing Professional Complaints and Union Grievances