00 - GRIEVANCE PROCEDURE. 6:01 This Grievance and Arbitration Procedure shall not apply to Union concerns regarding the adequacy of Job Documents and/or the Rating, for jobs covered by the Job Evaluation Plan, which shall be processed in accordance with the Challenge Procedure contained in the Job Evaluation Manual.
(1) Within the terms of this Agreement, a Grievance shall be defined as a difference arising between an Employee, the Union or both, and the Employer as to the interpretation, application, administration or the alleged violation of the provisions of this Agreement.
(2) An Employee Grievance must be signed by the aggrieved Employee and a general Xxxxxxxxx must be signed by the President and Secretary of the Union or their appointees and must also indicate the specific redress sought.
(3) Working Days" in this Article shall be defined as Monday to Friday, exclusive of Saturday and Sunday and Specified Paid Holidays as defined in the Collective Bargaining Agreement.
(4) Complaints and Grievances shall be dealt with in the following manner, and all Grievances must be in writing and may be submitted provided that no more than thirty (30) working days have elapsed since the occurrence of the alleged Grievance.
(5) The Employer acknowledges the right of the Union to appoint or otherwise select a Union Grievance Committee from members of CUPE and its Local 4705, Inside Unit who shall be Employees of the Employer. The members of such a Committee shall be communicated to the Employer.
(6) Any Grievances by the Employer or the Union as provided under Article 6:03(1), shall be filed within sixty (60) working days of the date of the occurrence.
(7) It is agreed and understood by both Parties hereto that there shall be no extension to the time limits as outlined in the Grievance Procedure unless by mutual consent.
(8) An Employee may be discharged, suspended or disciplined for just cause. If the Employee believes he/she has been unjustifiably discharged, suspended or disciplined, the Employee may have his/her Grievance processed under the Grievance Procedure starting at Stage Two for suspension and discipline and Stage Three for discharge, if presented in writing within seven (7) working days after the date of discharge, suspension or discipline. If a Grievance should be settled finally in the Grievor's favour, reinstatement and pay adjustments shall be made at the Employee's regular basic rate (less amounts earned during time lost) for the hours per week or any other arrangement whi...
00 - GRIEVANCE PROCEDURE. 11.01 All differences between the Employer and the Union regarding the interpretation, application, operation and an alleged violation of this Agreement shall be settled without stoppage of work or lock- out by negotiation or as hereafter provided.
11.02 Either the Union or the Employer shall submit his complaint to the Xxxxxxx, or in his absence, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor.
11.03 If the complaint is not settled within ten (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the Xxxxxxx, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative
11.04 If the complaint is not settled within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlement.
11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employee.
11.06 If the Union and Employer fail to select and arbitrator within five (5) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select an Arbitrator.
11.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitrator.
11.08 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended.
11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the Agreement, the Arbitrator shall accept that as evidence at the grievance hearing.
11.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or aris...
00 - GRIEVANCE PROCEDURE. 41.01 For the purpose of this Agreement a grievance is defined as a claim by an Employee, the Union, or the Employer that there is a complaint or disagreement relating to the meaning, application, interpretation or alleged violation of this Agreement. A Union grievance shall concern matters of general application or those involving the interpretation/administration of the collective agreement. Although a Union grievance may affect a specific individual, it is not intended to bypass the regular grievance procedure provided for Employees.
41.02 A grievor shall have reasonable time off without loss of pay to consult her/his xxxxxxx when meeting with the Employer in the grievance process.
41.03 An Employee who feels that s/he has a grievance shall first discuss the matter with the immediate supervisor within ten (10) working days of the occurrence of the incident or cause giving rise to the grievance and may have a Union representative present during such discussions if so desired by the Employee. The supervisor shall provide the Employee with an answer to the grievance within three (3) working days of the discussions. When any matter cannot be settled by the foregoing informal procedure it shall be submitted to the steps of the grievance procedure specified in Article 41.05 and the supervisor shall be notified accordingly. Where the immediate supervisor is the Department Head the Employee may present the grievance at Step Two. In this event the grievance shall be in writing, on the prescribed form (see Appendix "D"), shall specify the section or sections of this Agreement alleged to have been misinterpreted, misapplied or violated and shall specify the redress sought. A copy of the written grievance shall be provided concurrently to the Department Head.
41.04 When a grievance is submitted to the steps specified in Article 41.05 the Employee shall be accompanied by a representative of the Union.
00 - GRIEVANCE PROCEDURE. 10.01 Definitions:
(a) A grievance is any dispute which involves the interpretation or application of any provision of this MOU. A grievance does not include disciplinary actions, as a different review procedure for disciplinary matters is otherwise provided in this MOU. Performance appraisal reviews are not grievable.
(b) A “grievant” is any employee, or union representative on behalf of an employee adversely affected by an alleged violation of the specific provisions of a Memorandum of Understanding.
(c) A “working day” is any day in which the City Hall is open for business.
(d) “Employee organization” is the Milpitas Employees Association, an affiliate of LIUNA/UPEC, Local 792.
00 - GRIEVANCE PROCEDURE. 11.01 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager or their Assistant shall advise the Employer within ten
00 - GRIEVANCE PROCEDURE. 20.01 For the purposes of this Agreement, a Grievance shall mean any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement. (1981)
20.02 Before resorting to the Formal Grievance Procedure, the complaint, which may lead to a formal grievance, shall be discussed with the Chief or their designate in an effort to resolve the complaint. (1981) (2006)(2017)
00 - GRIEVANCE PROCEDURE. 16.01 Any dispute, grievance or misunderstanding between the Employer, the Association, an employee, and/or the Union concerning the interpretation, application, operation or an alleged violation of this Agreement shall be settled without stoppage of work or walkout as follows:
16.02 Any employee, employees, and/or Union who has a grievance within the terms of this Agreement shall put the same in writing within fifteen (15) working days and having been duly signed shall present the same to the shop xxxxxxx or, if there is no shop xxxxxxx, then to the Employer, who with the Business Agent will discuss the matter.
00 - GRIEVANCE PROCEDURE. 43.01 For the purpose of this Agreement a grievance is defined as a claim by an Employee, the Union, or the Employer that there is a complaint or disagreement relating to the meaning, application, interpretation or alleged violation of this Agreement. A Union grievance shall concern matters of general application or those involving the interpretation/administration of the collective agreement. Although a Union grievance may affect a specific individual, it is not intended to bypass the regular grievance procedure provided for Employees.
43.02 A grievor shall have reasonable time off without loss of pay to consult her/his xxxxxxx when meeting with the Employer in the grievance process.
43.03 An Employee who feels that s/he has a grievance shall first discuss the matter with the immediate supervisor within twelve
00 - GRIEVANCE PROCEDURE. 6.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances concerning the interpretation or alleged violation of the Agreement as quickly as possible. It is understood that an employee does not have a complaint unless it is officially brought to the attention of the immediate Supervisor or the hiring supervisor in complaints related to transfer or promotion within five (5) working days of the event or time at which the employee became or ought reasonably to have become aware of the event which led to the complaint. The employee may contact the Human Resources department who will direct the employee to the appropriate hiring supervisor in complaints related to transfer or promotion as required. The immediate Supervisor shall reply to the complaint within five (5) working days.
00 - GRIEVANCE PROCEDURE. Section 1 - Scope
(a) A grievance is defined as an alleged misrepresentation or misapplcable of any specific provision of this Agreement.
(b) The primary functions of the grievance procedure are:
(1) To provide an orderly procedure for a certificated staff member(s) to present a grievance to appropriate administrative staff members.
(2) To secure solution of a grievance at the lowest procedural level whenever possible.
(3) To assure the staff member(s) that there are open channels for redressing a grievance without fear of intimidation, coercion, discrimination, or any form of reprisal. Although formalistic in structure, the parties view the grievance procedure as an additional problem solving tool. At each level, the intent of the parties is to focus on educational concerns by identifying the parameters of the concerns including causes, recognized results and restraints upon potential solutions. In seeking resolutions, the parties will generate a variety of options that are based upon equitable standards through the exchange of information and perceptions. As needed, the parties will provide joint grievances administration training including problem solving techniques.
