Common use of ADJUSTMENT OF COMPLAINTS Clause in Contracts

ADJUSTMENT OF COMPLAINTS. Any employee or employees not in agreement with Company policies or ruling must first take the matter up with his or their xxxxxxx within 48 hours, excluding statutory holidays and weekends and may request to be accompanied by Union Representation. If this meeting fails to adjust the matter, the employee must refer it to his appropriate supervision in writing within five (5) days excluding statutory holidays and weekends. If the appropriate supervision fails to settle the problem to the employee's satisfaction and a complaint develops, it will be referred to the Director of Human Resources either by the employee alone or in the company with representative of the Grievance Committee. The original written complaint received by the Departmental Superintendent will be the basis of the complaint or grievance from that point on. If the Director of Human Resources does not settle the matter in five (5) days excluding statutory holidays and weekends, it shall become a grievance and then be reported by the officials of the Union to the Resident Mill Manager in writing and the Resident Mill Manager shall give a written reply within five (5) days excluding statutory holidays and weekends stating the decision arrived at. If these two fail to reach an understanding, the matter may be referred to arbitration. The Company will have the privilege of selecting an arbitrator, the Union will have the same privilege of selecting an arbitrator, and the two thus chosen may select a third arbitrator. If these two arbitrators cannot agree upon a third arbitrator, the Provincial Minister of Labour at Toronto shall appoint a third arbitrator and this board of arbitration shall convene and render a decision which shall be final and binding upon both parties to this Agreement. If an employee should be discharged in a manner that he considers unjust, it shall be reported to the Vice-President and Mill Manager within 48 hours in writing excluding statutory holidays and weekends. In dealing with discharge or discipline grievances an arbitration board shall have the power to dispose of such grievances by any arrangement which, in its opinion, it deems just and equitable. However, in no case shall the Arbitration Board have the right to add, delete or modify any clause of the Agreement.

ADJUSTMENT OF COMPLAINTS. Any 1. Should there be any dispute or complaint as to the interpretations of any of the clauses of this agreement, or any grievances arising out of the operation of this agreement, except in cases of discharge or suspension, the employee shall continue to work as per the conditions existing prior to the time the dispute, complaint or employees not in agreement with Company policies or ruling must grievance arose. 2. Steps to be followed: Step One: The grievance shall first take be taken up by the matter up employee with his or their xxxxxxx within 48 hours, excluding statutory holidays Supervisor and weekends and may request to the employee shall be accompanied by a Shop Xxxxxxx. The grievance must be brought forward within thirty (30) days of the Union Representationlearning of the event in question. If this meeting fails no satisfactory settlement is reached the grievance may, within fifteen (15) days, be taken to adjust Step Two. Step Two: Grievances referred to Step Three shall be dealt with at the matter, the employee must refer it to his appropriate supervision in writing within five (5) days excluding statutory holidays and weekendsnext scheduled Standing Committee meeting. If the appropriate supervision fails two (2) Standing Committees are unable to settle arrive at a settlement the problem to the employee's satisfaction and a complaint develops, it will be referred to the Director of Human Resources either by the employee alone or in the company with representative of the Grievance Committee. The original written complaint received by the Departmental Superintendent will be the basis of the complaint or grievance from that point on. If the Director of Human Resources does not settle the matter in five (5) days excluding statutory holidays and weekends, it shall become a grievance and then be reported by the officials of the Union to the Resident Mill Manager in writing and the Resident Mill Manager shall give a written reply within five (5) days excluding statutory holidays and weekends stating the decision arrived at. If these two fail to reach an understanding, the matter may be referred to arbitrationStep Four within thirty (30) days. Grievances other than those involving individual employees may be initiated at this step by either party. Step Three: The grievance may, upon request of either party, be taken up with the President or his designate. The Company will have be represented by the privilege Human Resources Manager. The Union will be represented by a National Representative and/or the Local 433 Business Agent, and the Union Standing Committee. If no agreement is reached at this stage, the matter may, within thirty (30) days, be referred to an Arbitrator as outlined in subsection 4. 3. In the event a grievance has not advanced to the next step within the time limits set forth above, then the grievance shall be deemed to be abandoned and all rights of selecting recourse to the Adjustment of Complaints under this agreement in respect of this grievance shall be at an arbitrator, end. The time limit between all steps may be extended by mutual consent. 4. a. The Company and the Union will endeavour to agree upon the selection of the Arbitrator. In the event the Company and the Union are unable to agree upon the selection of the Arbitrator, they will apply, within the thirty (30) day period, to have the same privilege Arbitrator appointed under the Arbitration provisions of selecting an arbitrator, the Labour Code of B.C. b. After the Arbitrator has been chosen he shall meet and the two thus chosen may select a third arbitrator. If these two arbitrators cannot agree upon a third arbitrator, the Provincial Minister hear evidence of Labour at Toronto shall appoint a third arbitrator and this board of arbitration shall convene both sides and render a decision which shall within fifteen (15) days after he has concluded his hearings, said decision to be final and binding upon both all parties to this Agreement. c. The parties shall bear in equal portions the fees and expenses of the Arbitrator and rental of any premises used for the hearing. d. The Arbitrator shall be restricted to interpreting and applying the provisions of this Agreement and shall have no authority to alter, modify, subtract from or supplement them in any way. e. In the case of discharge, demotion, or suspension, which the Arbitrator has determined to have been unjust, the Arbitrator shall order the reinstatement of the employee and shall award him back pay. If In the case of back pay, should there be any doubt in the opinion of the Arbitrator, the Arbitrator may order all or part back pay as he deems fit. i) The Company will not use as evidence a note of a discussion with an employee should be discharged concerning his performance unless the employee was told at the time of the discussion that a note was being included in a manner that he considers unjusthis record. f. In all matters of procedure not covered by the provisions herein, it shall be reported to including alternate procedure for the Vice-President and Mill Manager within 48 hours in writing excluding statutory holidays and weekends. In dealing with discharge or discipline grievances an arbitration board shall have selection of the power to dispose of such grievances by any arrangement whichArbitrator, in its opinion, it deems just and equitable. However, in no case shall the Arbitration Board have the right to add, delete or modify any clause Provisions of the AgreementLabour Code of B.C. shall apply.

ADJUSTMENT OF COMPLAINTS. 23.01 Any employee or employees not in agreement with the Company policies or ruling rulings must first take up the matter up with his or their xxxxxxx supervisor within 48 hoursfive (5) working days, excluding statutory holidays Statutory Holidays and weekends weekends, and may will request to be accompanied by Union Representationa Shop Xxxxxxx in his department or a union representative. If this meeting fails to adjust the matter, the employee must refer it to his appropriate supervision or his Departmental Superintendent in writing within five (5) working days, excluding Statutory Holidays and weekends, and shall become a grievance. The Department Superintendent, or delegate, griever and shop xxxxxxx and/or union representative will meet to discuss the matter within five (5) working days excluding Statutory Holidays and weekends. If the Superintendent fails to settle the problem, it will be referred to the Human Resources Department by Representatives of the Grievance Committee and the parties will meet to discuss the matter within ten (10) working days, excluding statutory holidays and weekends. If the appropriate supervision fails to settle the problem to the employee's satisfaction and a complaint develops, it will be referred to the Director of Human Resources either by the employee alone or in the company with representative of the Grievance Committee. The original written complaint received by the Departmental Superintendent will be the basis of the complaint or grievance from that point on. If the Director of Human Resources Department does not settle the matter in five (5) days working days, excluding statutory holidays Statutory Holidays and weekends, it shall become a grievance be referred to the General Mill Manager and then be reported by the officials National President or Representative of the Union to the Resident Mill Manager in writing Union. The parties will convene a meeting and the Resident Mill General Manager shall give a written reply within five (5) days working days, excluding statutory holidays and weekends stating the decision arrived at. If these two fail to reach an understanding, the matter may be referred to arbitration. At the Local level, the time interval applies equally for both employer and employee, unless notice advising delay has been submitted within the time interval. The Company will have the privilege of selecting an arbitrator, ; and the Union will have the same privilege of selecting an arbitrator, and the two thus chosen may select a third arbitrator. If these two arbitrators cannot agree upon a third arbitrator, the Provincial Minister of Labour at of Toronto shall appoint a third arbitrator and this board of arbitration shall convene and render a decision which shall be final and binding upon both parties to this Agreement. The parties may agree to forgo a three party board of arbitration and agree to a sole arbitrator who will convene a meeting and render a decision which shall be final and binding upon both parties to this agreement. 23.02 If an employee should be discharged in a manner that he considers unjust, it shall be reported to the Vice-President and General Mill Manager within 48 hours five (5) working days in writing writing, excluding statutory holidays Statutory Holidays and weekends and who shall reply within five (5) working days excluding Statutory Holidays and weekends. In dealing with discharge or discipline grievances an arbitration board shall have the power to dispose of such grievances by any arrangement which, in its opinion, it deems just and equitable. However, in no case shall the Arbitration Board have the right to add, delete or modify any clause of the Agreement.

ADJUSTMENT OF COMPLAINTS. Any employee It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that an Employee has no grievance until the Nurse has first given the Director of Nursing and Personal Care or employees not his/her Designate, an opportunity of adjusting the complaint. No incident or document shall be used against the Nurse unless she was informed of it in agreement a timely manner. If a Nurse has a complaint, she may, with Company policies the assistance of an Employee Representative, discuss it with the Director of Nursing and Personal Care, or ruling must first take his/her Designate, within ten (10) working days of the matter time the circumstances arose or of the time the Nurse ought reasonably to have become aware of the circumstances giving rise to the complaint. The Director of Nursing and Personal Care, or his/her Designate, will give a decision to the Nurse within ten (10) working days following such discussion and, failing settlement, it may be taken up with his as a grievance in writing within ten (10) working days following receipt of the Director of Nursing and Personal Care’s, or their xxxxxxx his/her Designate's, decision. 9.02 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within 48 hoursten (10) working days of the circumstances giving rise to it to the Administrator, excluding statutory holidays and weekends and may request to be accompanied by Union Representationwho shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this meeting fails to adjust decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the matterAdministrator’s, the employee must refer it to his appropriate supervision in writing within five (5) days excluding statutory holidays and weekendsreply. If the appropriate supervision fails to settle the problem to the employee's satisfaction and a complaint develops, it will The grievance may be referred to the Director General Manager, Long-Term Care by submitting it to him within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten (10) working days from receipt of the General Manager, Long-Term Care reply. The grievance to be referred by either the Employee concerned or the Bargaining Unit President to the Corporate Manager of Human Resources either by who shall meet with the employee alone or in the company with representative Association's Grievance Committee within ten (10) working days of such referral. The decision of the Grievance Committee. The original written complaint received by the Departmental Superintendent will be the basis Corporate Manager of the complaint or grievance from that point onHuman Resources shall be delivered in writing to the Labour Relations Officer and the Bargaining Unit President within 10 working days of the date of the meeting. If the Director final settlement has not been reached within ten (10) working days of Human Resources does not settle the matter in five (5) days excluding statutory holidays and weekends, it shall become a grievance and then be reported by the officials receipt of the Union to the Resident Mill Manager in writing and the Resident Mill Manager shall give a written reply within five (5) days excluding statutory holidays and weekends stating the decision arrived at. If these two fail to reach an understandingsuch response, the matter grievance may then be referred to arbitration. The Company will have the privilege of selecting an arbitrator, the Union will have the same privilege of selecting an arbitrator, and the two thus chosen may select a third arbitrator. If these two arbitrators cannot agree upon a third arbitrator, the Provincial Minister of Labour at Toronto shall appoint a third arbitrator and this board of arbitration shall convene and render a decision which shall be final and binding upon both parties to this Agreement. If an employee should be discharged in a manner that he considers unjust, it shall be reported to the Vice-President and Mill Manager within 48 hours in writing excluding statutory holidays and weekends. In dealing with discharge or discipline grievances an arbitration board shall have the power to dispose of such grievances Arbitration by any arrangement which, in its opinion, it deems just and equitable. However, in no case shall the Arbitration Board have the right to add, delete or modify any clause of the Agreementeither party.

ADJUSTMENT OF COMPLAINTS. Any employee or employees not in agreement with Company policies or ruling rulings must first take the matter up with his or their xxxxxxx within 48 hoursfive (5) working days, excluding statutory holidays Statutory Holidays and weekends weekends, and may request to will be accompanied by a Shop Xxxxxxx in his department or a Union RepresentationRepresentative. If this meeting fails to adjust the matter, the employee must refer it to his appropriate supervision Departmental Superintendent in writing writing, within five (5) days excluding statutory holidays Statutory Holidays and weekends. The Department Superintendent or delegate, shop xxxxxxx or union representative will meet to discuss the matter within working days excluding Statutory Holidays and weekends. If the appropriate supervision Superintendent fails to settle the problem to the employee's ’s satisfaction and a complaint develops, it will be referred to the Director of Human Resources Department either by the employee alone or in the company with a representative of the Grievance Committee. Superintendent must reply within five (5) working days excluding Statutory Holidays and weekends. The original written complaint complaints received the by the Departmental Superintendent will be the basis of the complaint or grievance from that point on. If the Director of Human Resources Department does not settle the matter in five (5) days days, excluding statutory holidays Statutory Holidays and weekends, it shall become a grievance and then be reported by the officials of the officialsofthe Union to the Resident Mill Manager in writing writing, and the Resident Mill Manager Manager, shall give a written reply within five (5) days excluding statutory holidays Statutory Holidays and weekends weekends, stating the decision arrived at. If these Resident Manager fails to adjust the grievance in a satisfactory manner, it should be referred to the President of X. Xxxx Xxxxxx Products or his authorized representative and the National President or Representative ofthe Union. two fail to reach an understanding, the matter may be referred to arbitration. The Company will have the privilege of selecting an arbitrator, the Union will have the same privilege of selecting an arbitrator, arbitrator and the two thus chosen may select a third arbitrator. If these Ifthese two arbitrators cannot agree upon a third arbitrator, the Provincial Minister of Labour at Toronto shall appoint a third arbitrator and this board of arbitration shall convene and render a decision which shall be final and binding upon both parties to this Agreement. If an employee should be discharged in a manner that he considers unjust, it shall be reported in writing to the Vice-President and Mill Resident Manager within 48 hours in writing five excluding statutory holidays Statutory Holidays and weekends and who shall reply within five (5) working days excluding Statutory Holidays and weekends. In dealing with discharge or discipline grievances an arbitration board shall have Ifdetermining any grievance ofdischarge, the power to Board may dispose of the claim by the Company’s action dismissing the grievance or by setting aside the disciplinary action involved and restoring the to his former position with or without compensation or in such grievances by any arrangement which, other manner as may in its opinion, it deems just the opinion ofthe Board Such decision shall be final and equitablebinding on both parties to this agreement. However, in no case shall the Arbitration Board have the right to add, delete or modify any clause of the Agreement. It is further understood that each party to the Agreement agrees to abide by all Provincial and Federal laws now in force or that may hereafter come in force during the life of the Agreement or any extension thereof, insofar as they apply to this Agreement.

ADJUSTMENT OF COMPLAINTS. Any employee (1) Standing Committees shall be maintained in the plant in the following manner: (a) The Local Manager shall appoint a Company Standing Committee of two individuals which shall represent the Company. (b) The Local Union of the Pulp, Paper and Woodworkers of Canada shall select from its mem bership at Smurfit - MBI, New Westminster Plant, a Union Standing Committee of three which shall represent the Union for the purposes stated in this Agreement. (2) Should there be any dispute or employees not complaint as to the interpretation of any of the clauses of this Agreement, or any grievances arising out of the operation of this Agreement, except in agreement with Company policies cases of dis charge or ruling must first take the matter up with his or their xxxxxxx within 48 hours, excluding statutory holidays and weekends and may request to be accompanied by Union Representation. If this meeting fails to adjust the mattersuspension, the employee must refer shall continue to work as per the conditions existing prior to the time the dispute, complaint or grievance arose. In the event that an employee has been suspended subject to discharge and it to his appropriate supervision in writing is alleged that he has been unjustly dealt with, the grievance procedure may be used. The suspension and arrangement for (3) The grievance shall be taken up by the employee within five (5) days excluding statutory holidays of the occurrence with his supervisor and weekendsthe employee will be accompanied by a Shop Xxxxxxx. If no settlement is reached, the appropriate supervision fails to settle the problem to the employee's satisfaction and a complaint develops, it will question may be referred to the Director of Human Resources either by Union Standing Committee on the employee alone prescribed form. (4) The Union or Company Standing Committee, on notification in writing from one to the company with representative other of the Grievance Committee. The original written complaint received by the Departmental Superintendent will be the basis existence of the complaint or grievance from that point on. If the Director of Human Resources does not settle the matter a grievance, shall within three (3) days agree on a mutually satisfactory date for a meeting thereon, but in no case longer than five (5) days excluding statutory holidays and weekendsfrom the date such notice has been given. Subjects not listed on the written notice shall nev ertheless be dealt with. If the two Standing com mittees are unable to arrive at a settlement within five days, it the question may, within fourteen days be dealt with as per Item (5). (5) The grievance may, upon written request by either party (a copy of which request shall become a grievance and be delivered to the other party), then be reported taken up at a meeting with the Local Manager by the officials Standing Committee of Smurfit-MBI, New Westminster Plant. The President of Local No. 16, Pulp Paper & Woodworkers of Canada and/or an officer of the Pulp, Paper and Woodworkers of Canada, may also attend as representative(s) of the Union to the Resident Mill Manager in writing and the Resident Mill Manager shall give at this meeting. If a written reply satisfactory settlement is not reached within five (5) days excluding statutory holidays and weekends stating the decision arrived at. If these two fail to reach an understandingdays, the matter may be referred to arbitration. question may, within four (6) The Company will have the privilege right to select one member of selecting an arbitratorthis Arbitration Board and the Union shall select one member; then the two Arbitrators thus named will choose a third Arbitrator who shall act as Chairman. If unable to choose a third Arbitrator who is mutually satisfactory, then they shall ask the British Columbia Minister of Labour to appoint a Chairman. (7) It is understood that in all discussions concerning grievances, the President of Local No. 16 - Pulp, Paper and Woodworkers of Canada and/or an offi cer of the National Union will have may accompany the same privilege of selecting an arbitratorUnion Standing Committee, and the two thus chosen Local Union may select call on any other employee to accompany them in their meetings with the Manager. (8) In the event a third arbitrator. If these two arbitrators cangrievance has not agree upon a third arbitratoradvanced to the next step within the time limit set forth in (4) or (5) above, then the Provincial Minister of Labour at Toronto shall appoint a third arbitrator and this board of arbitration shall convene and render a decision which grievance shall be final deemed to be abandoned and binding upon both parties all rights of recourse to the Adjustment of Complaints under this Agreement. If an employee should be discharged Agreement in a manner that he considers unjust, it respect of this grievance shall be reported to the Vice-President and Mill Manager within 48 hours in writing excluding statutory holidays and weekends. In dealing with discharge or discipline grievances at an arbitration board shall have the power to dispose of such grievances by any arrangement which, in its opinion, it deems just and equitable. However, in no case shall the Arbitration Board have the right to add, delete or modify any clause of the Agreementend.

ADJUSTMENT OF COMPLAINTS. Any 55.01 If a complaint arises which an employee or employees not in agreement with Company policies or ruling must first wishes to take the matter up with his or their xxxxxxx within 48 hours, excluding statutory holidays and weekends and may request to be accompanied by Union Representation. If this meeting fails to adjust the matterCompany, the employee involved will first discuss his difference with the xxxxxxx who took the action with which the employee disagrees. Such matter must refer it be brought to his appropriate supervision in writing the attention of the xxxxxxx within five (5) working days excluding statutory holidays and weekendsof occurrence. While the employee has the right to be accompanied by his departmental union representative, the employee himself must be present at this initial stage of the grievance procedure. 55.02 If the appropriate supervision fails to settle employee is not satisfied with the problem to the employee's satisfaction and a complaint develops, it will be referred to the Director of Human Resources either by the employee alone or in the company with representative decision of the Grievance Committee. The original written complaint received by the Departmental Superintendent will be the basis of the complaint or grievance from that point on. If the Director of Human Resources does not settle the matter in supervisor, he shall then, within an additional five (5) days excluding statutory holidays and weekendsworking days, it shall become a submit the grievance and then be reported by the officials of the Union to the Resident Mill Manager in writing and present it to the Resident Mill Manager supervisor who shall give a written reply then respond in writing to the grievance within five (5) working days. If not settled, the matter may, within a further two (2) working days, be presented to the departmental superintendent by the employee and/or his departmental union representative. 55.03 If within three (3) working days excluding statutory holidays and weekends the matter is not satisfactorily resolved by the departmental superintendent, then, within two (2) working days, the Union 55.04 Within five (5) working days, after receipt of same, the Mill Manager or his representative shall make a reply in writing stating the decision arrived at. adjustment, if any, he has made. 55.05 If these two fail the Mill Manager's reply fails to reach an understandingresolve the grievance, the matter may then within ten (10) working days, be referred in writing to the Vice-President - Manufacturing or his representative, and a National Officer of the Union. 55.06 If the matter is not satisfactorily resolved, and if it is an alleged violation of the Labour Agreement, it may be referred to arbitrationan Arbitrator. It is understood that the function of the Arbitrator shall be restricted to the interpretation and application of the provisions of this Agreement. It shall deal only with the specific questions submitted to it and shall not attempt to add to, subtract from or alter in any way the provisions of this Agreement. The Company will have the privilege of selecting an arbitrator, the Union will have the same privilege of selecting an arbitrator, and the two thus chosen may select a third arbitrator. If these two arbitrators cannot agree upon a third arbitrator, the Provincial Minister of Labour at Toronto shall appoint a third arbitrator and this board of arbitration shall convene and render a Arbitrator’s decision which shall be final and binding upon on both parties. 55.07 Each of the parties hereto will bear the expense of the arbitrator appointed by it and the parties will jointly bear the expense of the Chairman and the Board as a whole. 55.08 If an employee is thought to have been unjustly discharged or laid off, his case shall be reported in writing to the Mill Manager within forty-eight (48) hours and, if on investigation he is found to have been unjustly discharged or laid off, the employee shall be reinstated without lost time. 55.09 Saturdays, Sundays and holidays are excluded in calculating the time limits specified in the grievance procedure. 55.10 A department of Labour Mediator or a single Arbitrator could be used provided both parties to mutually agree. 56.01 The Group Life Assurance, Weekly Indemnity and Long Term Disability Insurance and Blue Cross Hospitalization, Medical and Dental Plans form part of this Agreement. If an employee should It is understood that the Company may enter into contracts with insurance companies and/or may self-insure to provide the negotiated benefits of the Plans. A copy of all applicable master insurance policies shall be discharged given to the Union, along with any amendments as they occur. No change to any policy shall be made that may result in a manner that he considers unjustreduction in the level of negotiated benefits except by mutual agreement by both parties. 57.01 The Group Hospitalization, it shall Dental, Surgical and Medical Plan form part of this agreement. 57.02 Health/Dental Care Premium Effective July 1, 2005, the Company will pay 100% of the Health Care Plan premium. For the dental plan, the employee’s monthly contribution will be reported adjusted on July 1 of each of the following years: Family $10 / month $15 / month $15 / month $20 / month 57.03 Dental Plan Effective January 1, 1985 the Dental Plan will be liberalized to provide "Additional Benefits" and Orthodontic Care. The eligible services available to the Vice-President and Mill Manager within 48 hours in writing excluding statutory holidays and weekends. In dealing with discharge or discipline grievances an arbitration board participants shall have mean payment for the power to dispose of such grievances by any arrangement which, in its opinion, it deems just and equitable. However, in no case shall the Arbitration Board have the right to add, delete or modify any clause following dental services at 50% of the Agreementdentist's usual and customary fee(s) up to 50% of the current N.B. Dental Society Fee Guide. Effective July 1, 2005, the existing provisions of the dental care plan coverage will be maintained for the duration of the collective agreement. Furthermore, Class 1 (Basic) expenses will be reimbursed at 100% up to the applicable limits.