Common use of GRIEVANCE ARBITRATION Clause in Contracts

GRIEVANCE ARBITRATION. The parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the administration or interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of his immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor within five (5) working after the of the xxxxxx complained of and the Xxxxxxx or shall answer the grievance on the form presented to him within five (5) working days after he has If the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give his decision in writing to the Union within three (3) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision of the General Manager, refer the matter to arbitration by giving to the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLE

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the pro- visions of the Agreement shall be adjusted which are alleged to have been vio- lated. At the time formal discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right, request, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be adjusted as quickly as possible, and is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted discussed with his immediate super- visor within five after the circumstances giving rise to it have occurred or ought reasonably to have come to the handling attention of the particular business necessitating his absenceemployee. Subject to Failing settlement within the terms of this Agreement five days, it shall then be taken up as a grievance within five days following his immediate decision in the following manner and sequence. Step The employee shall consist of a dispute concerning interpretation and application of any; clause in violations of submit the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure in writing and determinedsigned by him, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following stepshis immediate supervisor. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in questionmay be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision, in writing, days following the day on which the written grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be was presented to Failing settlement then: Step Within five ( 5 ) days following the For r Supervisor within five (5) working after decision under Step the of employee accompanied by a union xxxxxxx or the xxxxxx complained of and the Xxxxxxx or union xxxxxxx shall answer the grievance on the form presented to him within five (5) working days after he has If the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving submit the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this StepDepartment Head, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give who will deliver his decision in writing within five days following the day on grievance was presented to him. This step may be omitted where the Union within three (3employee's immediate supervisor and Department Head are the same person. Failing settlement then: Step Within five ( 5 ) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision in the immedi- ately preceding step, the. grievance shall be submitted, in to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives, who may be accompanied by the partygeneral representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment Hospital shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shalldelivered, in writing, within ten (10) working days appoint or select a chairman for following the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman date of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of xxxxxxx. In the case of suspension or the Hospital shall notify the employee of his right in advance. Where the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the handling attention of the particular business necessitating his absenceemployee. Subject to Failing settlement within the terms of this Agreement five days, it shall then be taken up as a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through five days following his immediate supervisor's decision the following stepsmanner and sequence. The employee shall take up submit the matter with grievance, in writing, and signed by him, to his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in questionimmediate supervisor. The grievance shall employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor within five (5) working after days following the of day on which the xxxxxx complained of and the Xxxxxxx or shall answer the written grievance on the form was presented to him within him. Failing settlement then: Within five (5) working days after he has If following the matter is not settled decision under Step the Chief Xxxxxxx of employee, accompanied by a union xxxxxxx, or the Union or'his representative may, within five working days after receiving union xxxxxxx shall submit the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this StepDepartment Head, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the Union within three (3) working days, or a longer period if mutually agreed upon with Unionimmediate supervisor and Department Head are the same person. In the event that the matter has not been settled, either party may, within fifteen (15) working Failing settlement then: Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the noticedate of such meeting. either party fail to appoint a nominee within Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint or select following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider grievance directly affecting an employee which he could have instituted himself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby by-passed. Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Centre or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement shall be adjusted which are alleged to have been violated. At the time formal discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Centre shall notify the employee of his right in advance. Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three days. I I It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable an employee has no grievance until he has first given his supervisor the opportunity of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsadjusting his complaint. The Company agrees that may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his Failing settlement within the five days, it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of then be taken up as a grievance within five days following his immediate supervisor or dispatcherdecision in the following manner and sequence: Step The employee shall submit the grievance, in writing, and all time away from work shall be devoted signed by him, to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following stepsimmediate supervisor. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in questionmay be by a Union xxxxxxx. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor within five (5) working after the of the xxxxxx complained of and the Xxxxxxx or shall answer the grievance on the form presented to him within five (5) working days after he has If the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. The Union and the Union within three (3) working daysCentre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working then: Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Director of Human Resources or their designate. A meeting will then be held between the Director of Human Resources or their designate and the designated union representatives who may be accompanied by the general representative of the General ManagerUnion, refer within five days of the matter to arbitration submission of the grievance at Step unless extended by giving to mutual agreement of the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the partyparties. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman Centre shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented delivered in writing within seven working ten days after following the occurrence date of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties to this Agreement agree that all steps shall be taken to assure hereto that complaints relating to the administration or interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or dispatcherought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate decision in the following manner and sequence: 1 The employee shall submit the grievance, in writing, and all time away from work shall be devoted signed by him, to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following stepsimmediate supervisor. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in questionmay be accompanied by a Union xxxxxxx. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor within five (5) working after the of the xxxxxx complained of and the Xxxxxxx or shall answer the grievance on the form presented to him within five (5) working days after he has If the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to the Union within three (3) working dayshim. Failing settlement, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working then: 2 Within five days following the decision under Step 1 the employee, accompanied by a union xxxxxxx, or the union xxxxxxx xxxx submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration Chief Executive Officer or the designated Hospital representative and this Notice shall state the specific matter to designated union representatives who may be dealt with at arbitration and the specific relief sought accompanied by the partygeneral representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman Hospital shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented delivered in writing within seven working ten days after following the occurrence date of such meeting. Grievance A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the matter or matters complained ofAgreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. If It is expressly understood, however, that the Union files such provisions of this Article may not be used with respect to a grievance, grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement shall be adjusted which are alleged to have been violated. At the time formal discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor supervisor within five (5) working days after the circumstances rise to have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his decision in the matter is not settled following manner and sequence: Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxin writing, present the grievance and signed by him, to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineeSupervisor. The General Manager or his nominee shall give employee may be accompanied by a Union xxxxxxx. The supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Union within three (3Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five ( 5 ) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Director, Human Resources. A meeting will then be held between the Director of Human Resources or their designate and the designated union representatives who may be accompanied by the general representative of the General ManagerUnion, refer within five ( 5 ) days of the matter to arbitration submission of the grievance at Step unless extended by giving to mutual agreement of the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the partyparties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the noticedate of such meeting. either party fail to appoint a nominee within Policy Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint or select following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider grievance directly affecting an employee which he could have instituted himself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider by-passed. Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement shall be adjusted which are alleged to have been violated. At the time formal discipline imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate supervisor's decision in the matter is not settled following manner and sequence : Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxin writing, present the grievance and signed by him, to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineeimmediate supervisor. The General Manager or his nominee shall give employee may be accompanied by a Union xxxxxxx. The supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Union within three Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision in the preceding step, the grievance shall be submitted in writing to the Director of Human Resources. A meeting will then be held between the Director of Human Resources or their designate and the designated union representatives who may be accompanied by the general representative of the General ManagerUnion, refer within five (5) days of the matter to arbitration submission of the grievance at Step unless extended by giving to mutual agreement of the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the partyparties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered writing within ten (10) working days after receiving following the noticedate of such meeting. either party fail to appoint a nominee within Policy Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint or select following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider grievance directly affecting an employee which he could have instituted himself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby by-passed. Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement shall be adjusted which are alleged to have been violated. At the time formal discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his decision in the matter is not settled following manner and sequence: Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor in writing, and signed by him, to (supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineedesignate). The General Manager employee may be accompanied by a Union xxxxxxx. The (supervisor or his nominee shall give designate) xxxx deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Union within three Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the (supervisor or designate). A meeting will then be held between the (supervisor or designate) and the designated union representatives who may be accompanied by the general representative of the General ManagerUnion, refer within five (5) days of the matter to arbitration submission of the grievance at Step unless extended by giving to mutual agreement of the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the partyparties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the noticedate of such meeting. either party fail to appoint a nominee within Policy Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint or select following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider grievance directly affecting an employee he could have instituted himself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby by-passed. Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, or complaint defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this Agreement the Agreement. The grievance shall be adjusted identify the nature of the grievance, the remedy sought, and should; where possible specify the provisions of the which to have been violated. At the time formal discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in within three days, It is the mutual desire of the parties hereto that complaints shall be quickly as possible, and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of .the employee. Failing settlement within the xxxxxx complained of and the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled following manner and sequence: Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor in writing, and signed by him, to his manager or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineedesignate. The General Manager employee may be accompanied by a Union xxxxxxx. The manager or his nominee shall give designate will deliver his decision in writing days following the day on which the written grievance was presented to him. The Union and the Union within three Hospital may meet to discuss the grievance at a time and place suitable to both parties. settlement. then: Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision in the immediately preceding step, the grievance shall be submitted in to the Director, Human Resources. A meeting will then be held between the Director, Human Resources or designate the designated union representatives who may be accompanied by the general representative of the General ManagerUnion, refer within five (5) days of the matter to arbitration by giving to submission of the other party a written notice grievance at Step unless extended mutual agreement of its intention to proceed to arbitration and this Notice the parties. The decision of the Hospital shall state be delivered in writing within ten days following the specific matter to be dealt with at arbitration date of such meeting. Policy Grievance or grievance arising directly between the Hospital and the specific relief sought by Union concerning the party. The party referring interpretation, application or alleged violation of the matter to arbitration Agreement shall name its nominee to the Arbitration Board be originated at Step within ten (10) working days after receiving followins the noticecircumstances giving rise to the grievance. either party fail to appoint a nominee within It is expressly understood, however, that the limited time, the appointment shall provisions of this Article may not be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative used with respect to a Board of Arbitration grievance directly affecting an employee which he could have instituted himself and grievance shall not be thereby by-passed. Where the parties grievance is a shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of he with the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Model Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of xxxxxxx. In the case of suspension or the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that plaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled following manner and sequence. Stex, The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxin writing, present the grievance and signed by him, to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineeimmediate supervisor. The General Manager or his nominee shall give employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to the Union within three him. Failing settlement then: Stex, Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the noticedate of such meeting. either party fail to appoint a nominee within Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint or select following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider grievance directly affecting an employee which he could have instituted himself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline imposed or at any stage of the grievance procedure an employee shall have the right, to the of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this Agreement right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled following manner and sequence: Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxin writing, present the grievance and signed by him, to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineeimmediate supervisor. The General Manager or his nominee shall give employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to the Union within three him. Failing settlement, then: Step Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision under Step the employee, accompanied by a union xxxxxxx, or the Union xxxxxxx shall submit the written grievance to his Department Director, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Director are the same person. settlement, then; Failing Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered writing within ten (10) working days after receiving following the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman date of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint defined as a difference arising either between a member of the bargaining unit and the between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of his immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms violation of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are to have been violated. At the time formal is imposed or at any the grievance procedure, 'an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in writing on a formadvance. One copy Where the Hospital deems it suspend or discharge employee, the Hospital shall notify the Union of this form such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as as possible, and is understood that an employee has no grievance until he has first given to his supervisor the Xxxxxxx or Supervisor and one copy opportunity of adjusting his complaint. The may 'have the assistance of a xxxxxxx if he so desires. Such complaint shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor discussed with his immediate supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of employee. Failing settlement within the (5) days, it'shall then be taken up as a five (5) days immediate- supervisor's decision in the manner and sequence: Step The employee shall submit the Xxxxxxx grievance, in writing, and signed by him, to his manager or shall answer the grievance on the form presented to him designate. The employee may be accompanied by a Union xxxxxxx. The manager or designate will deliver his decision in writing within five (5) working days after he has If following the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving day on which the written reply of grievance was presented to him. The Union and the Supervisor or Xxxxxxx, present Hospital may meet to discuss the grievance at a time and place suitable to the General Manager of the Company or his nomineeboth parties. Following presentation of the grievance under this StepFailing settlement, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give his decision in writing to the Union within three then: Step Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision in the immediately preceding step, the grievance shall be submitted in writing the Director, Human Resources. A meeting will then be held between the Director', Human Resources or designate and the designated union representatives who may be accompanied by the general representative of the General ManagerUnion, refer within five (5) days of the matter to arbitration submission of the grievance at Step unless extended by giving to mutual agreement of the other party a written notice parties. The decision of. the Hospital shall be delivered in writing within ten days the date of its intention to proceed to arbitration and this Notice shall state such Policy Grievance A complaint or grievance arising directly between the specific matter to be dealt with at arbitration Hospital and the specific relief sought by Union concerning the party. The party referring interpretation, application or alleged violation of the matter to arbitration Agreement shall name its nominee to the Arbitration Board be originated at Step within ten (10) working days after receiving the notice. either party fail circumstances to appoint the It is expressly understood, however, that the provisions of this Article may be used with respect to a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider grievance directly affecting an employee which he could have instituted himself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby by-passed. Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this Agreement right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate decision in the following manner and sequence: The employee shall submit the Xxxxxxx or shall answer the grievance on the form presented grievance, in writing, and signed by him, to him his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) working days after he has If following the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving day on which the written reply of grievance was presented to him. Failing settlement, then: Within five (5) days following the Supervisor decision under Step the employee, accompanied by a union xxxxxxx, or Xxxxxxx, present the union xxxxxxx shall submit the written grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this StepDepartment Head, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the Union within three (3) working daysemployee's immediate supervisor and Department Head are the same person. Failing settlement, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working then: Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman Hospital shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented delivered in writing within seven working ten days after following the occurrence date of such meeting. Grievance A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the matter or matters complained ofAgreement shall be originated at Step within ten days following the circumstances giving rise to the grievance. If It is expressly understood, however, that the Union files such provisions of this Article may not be used with respect to a grievance, grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The Hospital, the Union or any employee has the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation of this Agreement. It is the mutual desire of the parties to this Agreement agree that all steps shall be taken to assure that complaints relating to of the administration Hospital, the Union or interpretation of this Agreement the employee shall be adjusted or finalized as quickly equitably as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order an employee has no grievance until she has first given her supervisor an opportunity to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsadjust her complaint. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of his immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling of the particular business necessitating his absence. Subject to If an employee has an unsettled complaint within the terms of this Agreement Agreement, it may be taken up as a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor within five (5) working after the of the xxxxxx complained of and the Xxxxxxx or shall answer the grievance on the form presented to him within five (5) working days after he has If the matter is not settled circumstances giving rise to the Chief Xxxxxxx of grievance occur, in the following manner and sequence: Step The employee shall submit the grievance in writing, signed by to the immediate A meeting will then be held between the employee, the Union or'his representative mayXxxxxxx, the supervisor and the department manager, within five (5) working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager submission of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineegrievance. The General Manager Chief Xxxxxxx or his nominee shall give his Local Union President and the Human Resources representative may also attend at their discretion. The immediate supervisor will deliver decision in writing to the Union within three (3) full working days of the meeting. Failing settlement, then within five (5) working days: Step The grievance shall be submitted in writing by the Union Xxxxxxx to the Manager of Labour Relations or designate. A meeting will be held between the employee, the Union Xxxxxxx, the Chief Xxxxxxx or Local Union President, a longer period if mutually agreed upon with Union. In Local Business Agent, the event that supervisor, the matter has not been settledDepartment Head, either party maythe Human Resources Associate, and the Manager of Labour Relations or designate within fifteen five (155) working days of the submission of the grievance at Step The decision of the Hospital shall be delivered in writing within five working days following the decision date of the General Manager, refer the matter to arbitration by giving to the other party such meeting. Failing a written notice settlement under Step of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of any difference between the parties shallarising from the- interpretation, within ten (10) working days appoint application, administration or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance must difference or question may be presented taken to arbitration as provided in writing Article If no written request for arbitration is received within seven working ten calendar days after the occurrence of the matter or matters complained of. If the Union files such a grievancedecision in Step is given, it shall be done deemed to have been settled or abandoned. Any and all time limits fixed by this Article may be time extended by written agreement between the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days Hospital and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLE.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement shall be adjusted which are alleged to have been violated. At the time formal discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of his or her Xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable an employee has no grievance until the employee has first given his or her immediate supervisor the opportunity of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsadjusting his or her complaint. The Company agrees that it may have the assistance of a Union Xxxxxxx if he or she so desires. Such complaint shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving be discussed with his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of his or her immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his or her immediate supervisor's decision in the matter is not settled following manner and sequence: Step The employee shall submit the Chief Xxxxxxx of grievance, in writing, and signed by the employee, to his or her immediate supervisor. The employee may be accompanied by a Union or'his representative may, Xxxxxxx. The immediate supervisor will deliver his or her decision in writing within five working (5) days after receiving following the day on which the written reply of grievance was presented to him or her. The Union and the Supervisor or Xxxxxxx, present Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement then: Step Within five (5) days following the General Manager of decision in the Company or his nominee. Following presentation of immediately preceding step, the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give his decision submitted in writing to the Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer of the Hospital or their designated Hospital representative and the designated Union within three (3) working days, or a longer period if mutually agreed upon with representatives who may be accompanied by the general representative of the Union. In the event that the matter has not been settled, either party may, within fifteen five (155) working days following of the submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the General Manager, refer the matter to arbitration by giving to the other party a written notice of its intention to proceed to arbitration and this Notice Hospital shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board delivered in writing within ten (10) working days after receiving following the noticedate of such meetings. either party fail to appoint a nominee within Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which the employee could have instituted himself or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider herself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby by-passed. Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by filed with the Chief Xxxxxxx submitting Grievance Group Grievance Where a statement number of the claim employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing identifying each employee who is grieving, to the General who shall answer same in writing Department Head, or their designate, within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEten

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. CLERICAL, The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement shall be adjusted which are alleged to have been violated. At the time formal discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled following manner and sequence. Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxin writing, present the grievance and signed by him, to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee(designated by Hospital). The General Manager or his nominee shall give employee may be accompanied by a Union xxxxxxx. The (designated by Hospital) will deliver his decision in writing to the Union within three (3) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision of the General Manager, refer the matter to arbitration by giving to the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEfive

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. to Union Xxxxxxx At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this Agreement right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable an employee has no grievance until he has first given his immediate the opportunity of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsadjusting his complaint. The Company agrees that it may have the assistance of a union xxxxxxx if he so desires. Such complaint shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of be discussed with his immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate supervisor's decision in the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management following manner and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineesequence. The General Manager or employee shall submit the grievance, in writing, and signed by him, to his nominee shall give immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the on which the written grievance was presented to the Union within three him. settlement, then: Failing Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within five (5) days following the decision in the immedi- ately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the noticedate of such meeting. either party fail to appoint a nominee within Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint or select following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider grievance directly affecting an employee which he could have instituted himself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled following manner and sequence. The employee shall submit the Chief Xxxxxxx of the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union or'his representative may, xxxxxxx. The immediate supervisor will deliver his decision writing within five working (5) days after receiving following the day on which the written reply of grievance was presented to him. Failing settlement then: Step Within five (5) days following the Supervisor decision under Step the employee, accompanied by a union xxxxxxx, or Xxxxxxx, present the union xxxxxxx shall submit the written grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this StepDepartment Head, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the Union within three employee’s immediate supervisor and Department Head are the same person. Failing settlement then: Step Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman date of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purposes of this Agreement, a grievance or is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. At the formal discipline is imposed or at any stage of shall have right, of grievance xxxxxxx. In an suspension or discharge, Hospital shall notify the i advance. Where the it to suspend or discharge an the Hospital shall notify the Union of such suspension or discharge in writing, clays. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee, Failing within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate supervisor's decision the matter is not settled following manner and sequence: Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxin writing, present the grievance and signed by him, to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineeimmediate supervisor. The General Manager or his nominee shall give employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing to the Union within three (3) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision of the General Manager, refer the matter to arbitration by giving to the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEfive

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE ARBITRATION. The parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the administration or interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of his immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor within five (5) working after the of the xxxxxx matter complained of and the Xxxxxxx or shall answer the grievance on the form presented to him within five (5) working days after he has If the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give his decision in writing to the Union within three (3) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision of the General Manager, refer the matter to arbitration by giving to the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLE

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application; administration or interpretation alleged violation of this the Agreement. grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify. the provisions of the Agreement shall be adjusted which are alleged to have been violated. At the time formal. discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case 'of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, shall notify the Union of suspension or discharge in writing, within three (3) days. It is the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling opportunity of adjusting his complaint. The may have the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist assistance of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreementunion xxxxxxx if he so desires. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall Such complaint .shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter with discussed .with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of employee. Failing settlement five (5) days, it shall then be taken up as five (5) days following his immediate supervisor's decision in the following manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, his manager or designate. The employee may be accompanied by a Union xxxxxxx. The manager or xxxx deliver his decision in writing within five days following the day on which the written grievance was presented to him. The union and the Hospital may meet to discuss the grievance at and place suitable to parties. Failing settlement, then: Step Within five (5) days following the decision in the-immediately preceding step, the grievance shall be submitted in writing to the Director, Human Resources. A between the Director, Human Resources or designate and the designated union representatives who may be accompanied by the general representative of the xxxxxx complained of and the Xxxxxxx or shall answer the grievance on the form presented to him within five (5) working days after he has If the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation submission of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give his decision in writing to the Union within three (3) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision of the General Manager, refer the matter to arbitration at Step unless extended by giving to the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees mutual agreement of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after ten following the occurrence date of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Time Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of his or her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable an employee has no grievance until the employee has first given his or her supervisor the opportunity of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsadjusting his or her complaint. The Company agrees that it shall not prevent may have the Committee from properly fulfilling its obligations to investigate and settle grievancesassistance of a union xxxxxxx if the so desires. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of his immediate supervisor or dispatcher, and all time away from work Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor her supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his or her supervisor's decision in the matter is not settled following manner and sequence: Step The employee shall submit the Chief Xxxxxxx of grievance, in writing, and signed by the Union or'his representative mayemployee, within five working days after receiving the written reply of the Supervisor to his or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineeher immediate supervisor. The General Manager employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his or his nominee shall give his her decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Union within three Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement then: Stew Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision in the immediately preceding step, the grievance shall be submitted writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought designated union representatives who may be accompanied by the partygeneral representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the noticedate of such meeting. either party fail to appoint a nominee within Policy Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which he or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider she could have instituted himself or herself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby by-passed. Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by filed with the Chief Xxxxxxx submitting Grievance Grievance Where a statement number of the claim employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing identifying each employee who is grieving, to the General who shall answer same in writing Department Head or their designate within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEten

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this Agreement right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled following manner and sequence. Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxin writing, present the grievance and signed by him, to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineeimmediate supervisor. The General Manager or his nominee shall give employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to the Union within three (3him. Failing settlement, then: Within five ( 5 ) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Director, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Director are the same person. settlement, then: Step Failing Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman date of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Centre or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Centre shall notify the employee of his right in advance. Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate supervisor’s decision in the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management following manner and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineesequence. The General Manager or employee shall submit the grievance, in writing, and signed by him, to his nominee shall give immediate supervisor. The employee may be by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to the Union within three (3) working days, or a longer period if mutually agreed upon with Unionhim. In the event that the matter has not been settled, either party may, within fifteen (15) working Failing settlement then: Within five days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Step Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Centre or the matter to arbitration by giving to designated Centre representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Centre representative and the specific relief sought designated union representatives who may be accompanied by the partygeneral representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Centre shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman date of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Service Collective Agreement

GRIEVANCE ARBITRATION. The For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this Agreement right in Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable an employee has no grievance until has first given immediate supervisor the opportunity of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsadjusting complaint. The Company agrees that it may have the assistance of a union xxxxxxx if so desires. Such complaint shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of his be discussed with immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and the Xxxxxxx or employee. Failing settlement within five days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following immediate supervisor's decision in the matter is not settled following manner and sequence: The employee shall submit the Chief Xxxxxxx of the grievance, in writing, and signed by to immediate The employee may be accompanied by a Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nominee. The General Manager or his nominee shall give immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to the Union within three (3Failing settlement, then: Within five ( 5 ) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to Program Manager, who will deliver decision in writing within five (5) days following the day on which the grievance was presented to This step may be omitted where the employee's immediate supervisor and Program Manager are the same person. Failing settlement, then: Step Within five (5) days following the decision in the preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Hospital or the designated Hospital representative. meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the desig- nated union representatives who may be accompanied by the general representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten days following the date of such meeting. Grievance A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step within ten days following the circumstances giving rise to the grievance. is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which could have instituted and the regular grievance procedure shall not be thereby Where the grievance a Hospital grievance, shall be filed with the Grievance Committee. Group Grievance Where a number of employees have identical grievances, and one would be entitled to grieve separately, they may present a group grievance, in writing identifying each employee who is grieving, to the Program Manager, refer the matter to arbitration by giving to the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shallor designate, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim circumstances giving rise to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above have occurred. The grievance shall then apply. If be treated as being initiated step and the Company files such a grievance, it applicable provisions of this Article shall be done by the General Manager submitting a written statement of the grievance then with respect to the Chief Xxxxxxx handling of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEsuch grievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement shall be adjusted which are alleged to have been violated. At the time formal discipline is imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled following manner and sequence: Ste p The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxin writing, present the grievance and signed by him, to the General Manager of the Company supervisor or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineedesignate. The General Manager employee may be accompanied by a Union xxxxxxx. The supervisor or his nominee shall give designate will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Union within three (3) working daysHospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working then: Step Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the supervisor or designate. A meeting will then be held between the Human Resources or designate and the designated union representatives who may be accompanied by the general representative of the General ManagerUnion, refer within five (5) days of the matter to arbitration submission of the grievance at Step unless extended by giving to mutual agreement of the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the partyparties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the noticedate of such meeting. either party fail to appoint a nominee within Policy Grievance A complaint or grievance arising directly between the limited timeHospital and the Union concerning the interpretation, application or alleged violation of the appointment Agreement shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, originated at Step within ten (10) working days appoint or select following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider grievance directly affecting an employee which he could have instituted himself and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board regular grievance procedure shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider be thereby by-passed. Where the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present grievance is a policy Hospital grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined a difference arising either between a member of the bargaining unit and the Centre or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of Agreement shall be adjusted which are alleged to have been violated. At the time formal discipline imposed or finalized as quickly as possible. Every effort will be made to settle disputes during the early at any stage of the grievance procedure, an employee shall have the right to presence of xxxxxxx. In the case of suspension discharge, the Centre shall notify the employee of his right advance. the or in Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall employee has no until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor supervisor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled following manner and sequence: Step The employee shall submit the Chief Xxxxxxx of the Union or'his representative maygrievance, within five working days after receiving the written reply of the Supervisor or Xxxxxxxwriting, present the grievance and signed by him, to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineesupervisor. The General Manager or his nominee shall give employee may be accompanied by a Union xxxxxxx. The supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. The Union and the Union within three (3) working daysCentre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working then: Step Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Director of Human Resources or their designate. A meeting will be held between the Director of Human Resources or their designate, and the designated union who may be accompanied by the general of the General ManagerUnion, refer within five (5) days of the matter to arbitration submission of the grievance at Step unless extended by giving to mutual agreement of the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the partyparties. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman Centre shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented delivered in writing within seven working ten days after following the occurrence date of such meeting. Policy Grievance A complaint or grievance arising directly between the Centre and the Union concerning the interpretation, application or alleged violation of the matter or matters complained ofAgreement shall be originated at Step within ten days following the circumstances giving rise to the grievance. If It is expressly understood, however, that the Union files such provisions of this Article may not be used with respect to a grievance, grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance a Centre grievance it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the administration interpretation, application, or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three ( 3 ) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate decision in the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management following manner and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineesequence. The General Manager or employee shall submit the grievance, in writing, and signed by him, to his nominee shall give immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to the Union within three him. Failing settlement then: Step Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the immediate supervisor and Department Head are the same person. Failing settlement then: Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring decision of the matter to arbitration Hospital shall name its nominee to the Arbitration Board be delivered in writing within ten (10) working days after receiving following the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman date of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven working days after the occurrence of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purposes of this Agreement, a grievance or defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that plaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall first obtain the permission of he has his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate supervisor's decision in the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management following manner and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineesequence. The General Manager or employee shall submit the grievance, in writing, and signed by him, to his nominee shall give immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to the Union within three (3) working days, or a longer period if mutually agreed upon with Unionhim. In the event that the matter has not been settled, either party may, within fifteen (15) working Failing settlement then: Within five days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the immediate supervisor and Department Head are the same person. Failing settlement then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five days of the submission the grievance at Step unless extended by mutual agreement of the parties. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman Hospital shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented delivered in writing within seven working ten days after following the occurrence date of the matter or matters complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLEmeeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION. The For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties to this Agreement agree that all steps shall be taken to assure that complaints hereto relating to the interpretation, application, administration or interpretation alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It , and it is understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in an employee has no grievance matters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the xxxxxxx concerned shall until he has first obtain the permission of given his immediate supervisor or dispatcher, and all time away from work the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be devoted to the handling of the particular business necessitating his absence. Subject to the terms of this Agreement a grievance shall consist of a dispute concerning interpretation and application of any; clause in violations of the Agreement, this and alleged abuses,of discretion by supervision in treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these the question may b through the grievance 'procedure and determined, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. The employee shall take up the matter discussed with his xxxxxxx prior to taking the matter up with Xxxxxxx or Supervisor in question. The grievance shall be in writing on a form. One copy of this form shall be given to the Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the For r Supervisor immediate super- visor within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the xxxxxx complained of and employee. Failing settlement within the Xxxxxxx or five (5) days, it shall answer the then be taken up as a grievance on the form presented to him within five (5) working days after he has If following his immediate supervisor's decision in the matter is not settled the Chief Xxxxxxx of the Union or'his representative may, within five working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management following manner and two members of the Grievance Committee which meeting shall occur within seven working days after the grievance has been presented to the General Manager or his nomineesequence. The General Manager or employee shall submit the grievance, in writing, and signed by him, to his nominee shall give immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to the Union within three him. Failing settlement then: Within five (35) working days, or a longer period if mutually agreed upon with Union. In the event that the matter has not been settled, either party may, within fifteen (15) working days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the General Manager, refer Hospital or the matter to arbitration by giving to designated Hospital representative. A meeting will then be held between the other party a written notice of its intention to proceed to arbitration and this Notice shall state Chief Executive Officer or the specific matter to be dealt with at arbitration designated Hospital representative and the specific relief sought desig- nated union representatives who may be accompanied by the partygeneral representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and the matters in issue which have been submitted to them for disposal and the decision of a majority of the members of the Arbitration Board shall be final and on all parties concerned. If there is no majority decision, the decision of the Chairman Hospital shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto bear the expense of its own representative to a Board of Arbitration and the parties shall jointly and equally the expense, if any, of the chairman of such Board of No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee has been found to have been unjustly dealt with, the Board of Arbitration shall have the power to order reinstatement with or without compensation as it sees fit. the event that either the Company or the Union wish to present a policy grievance alleging a violation of this Agreement, such grievance must be presented delivered in writing within seven working ten days after following the occurrence date of such meeting. Grievance A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the matter or matters complained ofAgreement shall be originated at Step within ten days following the circumstances giving rise to the grievance. If It is expressly understood, however, that the Union files such provisions of this Article may not be used with respect to a grievance, grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the General who shall answer same in writing within seven working days and other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be done by the General Manager submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He shall answer the grievance in writing within seven (7) working days and the matter is not settled, there shall be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The reference of any matter to arbitration shall then follow the other terms set forth in this Agreement. All time limits as for filed with the Grievance of Arbitration Procedures may extended but only by mutual agreement confirmed in ARTICLECommittee.

Appears in 1 contract

Samples: Collective Agreement

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