ADJUSTMENT OF DISPUTES. 36.01 The Employer and the Union recognize that grievances may arise in each of the following circumstances: (a) by the interpretation, application, administration or alleged violation of: (i) a direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or (ii) a provision of this Agreement or Arbitral Award; and (b) disciplinary action resulting in demotion, suspension, or a financial penalty; (c) dismissal; and (d) letters of discipline placed on personnel file. 36.02 If he so desires, an Employee may be assisted and represented by the Union when presenting a grievance at any level. 36.03 An Employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to his immediate supervisor who shall forthwith: (a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and (b) provide the Employee with a receipt stating the date on which the grievance was received by him. 36.04 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps: (a) First Level (Base Manager); (b) Second Level (General Manager); (c) Final Level (arbitration). 36.05 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure. 36.06 An Employee may present a grievance to the First Level of the procedure in the manner prescribed in Article 36.03 not later than twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance. 36.07 The Employer shall reply in writing to an Employees grievance within fourteen (14) calendar days at First Level and Second Level. 36.08 An Employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level: (a) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; or (b) where the Employer has not conveyed a decision to the grievor within the time prescribed in Article 36.07 within fourteen (14) calendar days after the day the reply was due. 36.09 Where an Employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employee. 36.10 No Employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee the grievance procedures shall apply except that the grievance may be presented at the Final Level. 36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure. 36.12 An Employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance. 36.13 An Employee may, by written notice withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union. 36.14 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration. 36.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 The Employer and the Union recognize that grievances may arise in each of the following circumstances:
(a1) by the interpretation, application, administration or alleged violation of:
(ia) a direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or
(iib) a provision of this Agreement or Arbitral Award; and
(b2) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c3) dismissal; and
(d4) letters of discipline placed on personnel file.
36.02 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 An Employee employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to his immediate supervisor who shall forthwith:
(a1) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b2) provide the Employee employee with a receipt stating the date on which the grievance was received by him.
36.04 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a1) First Level (Base Housing Manager);
(b2) Second Level (General ManagerBoard of Directors);
(c3) Final Level (arbitrationArbitration).
36.05 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 An Employee employee may present a grievance to the First Level first level of the procedure in the manner prescribed in Article Clause 36.03 not later than twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
36.07 The Employer shall reply in writing to an Employees employee's grievance within fourteen (14) calendar days at First Level Level, and within thirty (30) calendar days at Second Level.
36.08 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:,
(a1) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; , or;
(b2) where the Employer has not conveyed a decision to the grievor within the time prescribed in Article 36.07 Clause 36.08 within fourteen (14) calendar days after the day the reply was due.
36.09 Where an Employee employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employeeemployee.
36.10 No Employee When an employee is dismissed, he shall be dismissed without first being given notice in writing writing, together with the reasons thereforetherefore within twenty-four (24) hours. When the Employer dismisses an Employee employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified as per the method outlined in the grievance procedure.
36.12 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 An Employee employee may, by written notice to the Housing Manager, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representative. Where Grievances that are not presented at any level of the grievance procedure within the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, set out in the grievance procedure shall be deemed to have been abandoned and may not be referred to arbitrationconsidered abandoned.
36.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
36.16 Should the grievance not be resolved following Second Level either party may, by written notice to the other party, refer the matter to arbitration.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 The Employer and the Union recognize that grievances may arise in each of 37.01 Grievances shall be settled according to the following circumstances:
(a) by the interpretation, application, administration or alleged violation of:
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions procedures for adjustment of employment; or
(ii) a provision of this Agreement or Arbitral Award; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) dismissal; and
(d) letters of discipline placed on personnel filedisputes and arbitration.
36.02 37.02 If he he/she so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 37.03 An Employee employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance in writing to his immediate supervisor who the first level of management stating the matters giving rise to the grievance, provisions of the Agreement violated, and the redress sought. The Employer shall forthwithprovide a receipt for the grievance.
37.04 A grievance of an employee shall not be deemed to be invalid by a reason only of the fact it is not in accordance with the form supplied by the Employer.
37.05 The Employer shall accept grievances transmitted electronically from the Union only:
(a) forward if the Union obtains written confirmation from the Employer that the Employer has received the grievance and this written confirmation is obtained prior to the representative expiry of the Employer authorized to deal with grievances at the appropriate leveltime limits set out in this Article; and
(b) provide the Employee Union provides the Employer with a receipt stating copy of the date on which original grievance within the grievance was received by himtime limits set out in this Article.
36.04 37.06 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a) First Level (Base Assistant Manager or Maintenance Manager);
(b) Second Level (General Housing Manager);
(c) Final Level (arbitrationArbitration).
36.05 37.07 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 37.08 An Employee employee may present a grievance to the First Level first level of the procedure in the manner prescribed in Article 36.03 not later than twenty-five fourteen (2514) calendar days after the date on which he he/she is notified orally or in writing or on which he he/she first becomes aware of the action or circumstances giving rise to the grievance.
36.07 37.09 The Union shall have the right to initiate and present a grievance on matters relating to health and safety at the second level of the grievance procedure.
37.10 The Employer shall reply in writing to an Employees employee’s grievance within fourteen (14) calendar days at First Xxxxx 0, and within thirty (30) calendar days at Level and Second Level.2.
36.08 37.11 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:first level,
(a) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; or
(b) where the Employer has not conveyed a decision to the grievor within the time prescribed in Article 36.07 within fourteen (14) calendar days after the day the reply was due.
36.09 Where an Employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employee.
36.10 No Employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure.
36.12 An Employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 An Employee may, by written notice withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration.
36.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.fourteen
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 35.01 The Employer and the Union recognize that grievances may arise in each of the following circumstancescircum- stances:
(a) by the interpretation, application, administration interpretation or alleged violation application of:
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions condi- tions of employment; or
(ii) a provision of this Collective Agreement or Arbitral Award; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) dismissal; and
(d) letters of discipline placed on personnel file.
36.02 35.02 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 35.03 An Employee employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to his immediate supervisor who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee employee with a receipt stating the date on which the grievance was received by him.
36.04 35.04 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a1) First Level (Base ManagerSenior Administrative Officer);
(b2) Second Level (General ManagerHamlet Council);
(c3) Final Level (arbitration).
36.05 35.05 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 An Employee 35.06 abAn employee may present a grievance to the First Level first level of the procedure in the manner prescribed in Article 36.03 clause 35.03 not later than twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
36.07 35.07 The Employer shall reply in writing to an Employees employee’s grievance within fourteen (14) calendar days at First level 1, and within thirty (30) calendar days at Level and Second Level2.
36.08 35.08 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure proce- dure beyond the First Level:first level,
(a) where the decision or settlement is not satisfactory to the grievorgriever, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; , or;
(b) where the Employer has not conveyed a decision to the grievor griever within the time prescribed in Article 36.07 clause 35.07 within fourteen (14) calendar days after the day the reply was due.
36.09 35.09 Where an Employee employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's ’s decision at each level of the grievance procedure at the same time that the Employer's ’s decision is conveyed to the Employeeemployee.
36.10 35.10 No Employee employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 35.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management man- agement specified in the grievance procedure.
36.12 35.12 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting pre- senting such grievance.
36.13 35.13 An Employee employee may, by written notice to the Senior Administrative Officer, withdraw a grievance provided pro- vided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 35.14 Employer grievances shall be processed by filing directly with the President of the Union.
35.15 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration.
36.15 35.16 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularityirregular- ity.
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 The Employer and the Union recognize that grievances may arise in each of the following follow ing circumstances:
(a) by the interpretation, application, administration interpretation or alleged violation application of:
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or
(ii) a provision of this Collective Agreement or Arbitral Award; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) dismissal; and
(d) letters of discipline placed on personnel file.
36.02 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 An Employee employee who wishes to present a grievance at any prescribed level in the grievance procedureproce- dure, shall transmit this grievance to his immediate supervisor who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee employee with a receipt stating the date on which the grievance was received by him.
36.04 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a) First Level (Base Housing Manager);
(b) Second Level (General ManagerBoard of Directors);
(c) Final Level (arbitrationArbitration).
36.05 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 An Employee employee may present a grievance to the First Level first level of the procedure in the manner prescribed pre- scribed in Article Clause 36.03 not later than twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
36.07 The Employer shall reply in writing to an Employees employee's grievance within fourteen (14) calendar days at First level 1, and within thirty (30) calendar days at Level and Second Level2.
36.08 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:first level,
(a) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; , or;
(b) where the Employer has not conveyed a decision to the grievor within the time prescribed pre scribed in Article 36.07 Clause 36.08 within fourteen (14) calendar days after the day the reply was due.
36.09 Where an Employee employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employeeemployee.
36.10 No Employee When an employee is dismissed, he shall be dismissed without first being given notice in writing writing, together with the reasons thereforetherefore within twenty-four (24) hours. When the Employer dismisses an Employee employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified as per the method outlined in the grievance procedure.
36.12 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 An Employee employee may, by written notice to the Housing Manager, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representative. Where Grievances that are not presented at any level of the grievance procedure within the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, set out in the grievance procedure shall be deemed to have been abandoned and may not be referred to arbitrationconsidered abandoned.
36.15 No proceedings Proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
36.16 Should the grievance not be resolved following Level 2 either party may, by written notice to the other party, refer the matter to arbitration.
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 The Employer 37.01 A grievance is a difference which arises between the Union and the Union recognize that grievances may arise in each of Employer and/or between an employee and the following circumstances:
(a) by Employer relating to the interpretation, application, or administration or alleged violation of:
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or
(ii) a provision of this Agreement or Arbitral Awardincluding any question as to whether a matter is arbitrable; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) , dismissal; and
(d) letters and letter of discipline placed on an employee’s personnel file.. Grievances shall be settled according to the following procedures for adjustment of disputes and arbitration.
36.02 If he so desires37.02 An xxxxxxx effort shall be made by employees, an Employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 An Employee who wishes and the Employer to present a grievance at any prescribed level in resolve differences informally, before resorting to the grievance procedure, shall transmit this grievance to his immediate supervisor who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee with a receipt stating the date on which the grievance was received by him.
36.04 . Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a) First Level (Base - The Employee’s Immediate Out of Scope Manager);
(b) Second Level (General Manager);- Chief Executive Officer, or designate
(c) Final Level (arbitration).
36.05 - Arbitration. The Union shall have the right parties recognize that they may mutually agree to consult with the Employer with respect meet to discuss possible resolution to a grievance at each any level of the process.
37.03 The Employer shall designate a representative for the first (1st) and second (2nd) levels of the grievance procedure in consideration of the departments affected. The names and titles of those persons designated shall be posted on the Union notice board. In no event shall a member of the Bargaining Unit be designated as the Employer’s representative for the first or any second level of the grievance procedure.
36.06 37.04 An Employee may employee shall present a grievance in writing to the First Level first (1st) level of the procedure in the manner prescribed in Article 36.03 not later than the twenty-five first (2521st) calendar days day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance. When filing a grievance the employee shall make an effort to state the nature of the grievance, the circumstances from which it arose, the Articles alleged infringed and the redress sought. A copy of the grievance shall also be presented to the Chief Executive Officer or designate.
36.07 37.05 The Employer shall reply in writing to an Employees employee’s grievance within fourteen (14) calendar days at First Level and Second Level.
36.08 An Employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:
(a) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; or
(b) where the Employer has not conveyed a decision to the grievor within the time prescribed in Article 36.07 within fourteen (14) calendar days after the day the reply was due.
36.09 Where an Employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employee.
36.10 No Employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure.
36.12 An Employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 An Employee may, by written notice withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration.
36.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.fourteen
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 The Employer and the Union recognize that grievances may arise in each of 32.01 Grievances shall be settled according to the following circumstances:procedures for adjustment of disputes and arbitration.
(a) by 32.02 The procedure for the interpretation, application, administration or alleged violation of:final resolution of grievances is Arbitration.
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or
(ii) a provision of this Agreement or Arbitral Award; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) dismissal; and
(d) letters 32.03 Letters of discipline placed on personnel file.an employee's file may be grieved. Such discipline is not arbitral. Procedure
36.02 32.04 If he so he/she desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 32.05 An Employee employee or the Union who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to his immediate supervisor the Manager who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee employee and the Union with a receipt stating the date on which he/she received the grievance. The Employer shall have the right to initiate a grievance was received by himand present it in writing to the Union representative. Onus placed upon the Employer throughout this Article shall be placed upon the Union in this instance, and the same time limits shall apply.
36.04 32.06 A grievance of an employee or the Union shall not be deemed to be invalid by reason only of the fact it is not in accordance with the form supplied by the Employer.
32.07 Except as otherwise provided in this Agreement Agreement, a grievance shall be processed by recourse to the following steps:
(a) First Level (Base ManagerFirst level of management);
(b) Second Level (General Manager);
(c) Final Third Level (arbitrationAssociation Board).
36.05 (d) Fourth Level (Arbitration)
32.08 The Union shall have the right to consult with the Employer Manager with respect to a grievance at each or any level of the grievance procedure.
36.06 An Employee may present a grievance to the First Level 32.09 No proceedings under this Article are invalid by reason of the procedure in the manner prescribed in Article 36.03 not later than twenty-five (25) calendar days after the date on which he is notified orally any defect of form or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievanceany technical irregularity.
36.07 The Employer shall reply in writing to an Employees grievance within fourteen (14) calendar days at First Level and Second Level.
36.08 An Employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:
(a) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; or
(b) where the Employer has not conveyed a decision to the grievor within the time prescribed in Article 36.07 within fourteen (14) calendar days after the day the reply was due.
36.09 32.10 Where an Employee employee has been represented by the Union in the presentation of his his/her grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employeeemployee.
36.10 No Employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure.
36.12 32.11 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he he/she first obtains the authorization of the Union prior to presenting such grievance.
36.13 32.12 An Employee employee may, by written notice to the Manager, withdraw a grievance provided that, that where the grievance is one arising out of the application or interpretation of this Agreement his Agreement, his/her withdrawal has the approvalendorsement, in writing, of the Union.
36.14 32.13 The Union shall have the right to initiate a grievance at the Second Level in the grievance procedure related to the application or interpretation of this Agreement on behalf of one or more members of the Union.
32.14 A grievance may be presented at the first level of the grievance procedure in the manner prescribed in Article 32.05 within thirty (30) calendar days after the date on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. Failure to present a grievance within the time limits due to Employer restrictions, communication breakdown, weather and other factors beyond the control of the grievor shall not invalidate the grievance.
32.15 The Employer shall reply in writing to a grievance within fourteen (14) calendar days at First, Second and Third Levels of the grievance procedure.
32.16 An employee or the Union with the griever's permission may present a grievance at each succeeding level in the grievance procedure beyond the first level:
(a) where the decision or settlement is not satisfactory to the griever, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him/her by the Employer; or
(b) where the Employer has not conveyed a decision to the griever within the time prescribed in Article 32.15 within fourteen (14) calendar days after the day the reply was due.
32.17 The time limits stipulated in this procedure Article are mandatory but mandatory. They may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, appropriate the Union Representativerepresentative. Where any of Grievances that are not filed or advanced within the time limits for filing or advancing a grievance stipulated in this Article are deemed abandoned and cannot complied be filed later.
32.18 No employee shall be dismissed without being given notice in writing, together with and are not extended by mutual agreementthe reasons thereof. When the Employer dismisses an employee, the grievance procedure shall apply, except that the grievance may be deemed to have been abandoned and may not be referred to arbitrationpresented at the Second Level.
36.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 37.01 The Employer and the Union recognize that grievances may arise in each of the following circumstances:
(a) by the interpretation, application, administration interpretation or alleged violation application of:
(i) a provision of an Act, or a regulation, direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or
(ii) a provision of this Agreement or Arbitral AwardCollective Agreement; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) dismissal; and
(d) letters of discipline placed on personnel file.
36.02 37.02 The procedure for the final resolution of the grievances listed in 37.01 is to arbitration.
37.03 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 37.04 An Employee employee or the Union who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to his the immediate supervisor who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee employee with a receipt stating the date on which the grievance was received by him.
36.04 37.05 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a) First Level (Base ManagerSenior Administrative Officer);
(b) Second Level (General ManagerHamlet Council);
(c) Final Level (arbitrationArbitration).
36.05 37.06 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 37.07 An Employee employee or the Union may present a grievance to the First Level first level of the procedure in the manner prescribed in Article 36.03 not later than Clause 37.04 within twenty-five (25) calendar days after of the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
36.07 37.08 The Employer shall reply in writing to an Employees a grievance within fourteen (14) calendar days at First Level level 1 and Second Levelwithin thirty (30) calendar days at level 2.
36.08 37.09 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:first level,
(a) where the decision or settlement is not satisfactory to the grievorgriever, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the EmployerHamlet; or
(b) where the Employer Hamlet has not conveyed a decision to the grievor griever within the time prescribed in Article 36.07 Clause 37.08 within fourteen (14) calendar days after the day the reply was due.
36.09 37.10 Where an Employee employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employeeemployee.
36.10 37.11 No Employee employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 37.12 The Union shall on their own behalf or on behalf of one or more members have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure. The Employer shall have the right to initiate a grievance, and present it to the Union Representative. This shall be deemed to have fulfilled the Level 2 requirement.
36.12 37.13 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 37.14 An Employee employee may, by written notice to the manager, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approvalendorsement, in writing, of the Union.
36.14 37.15 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representativerepresentative. Where any of a grievance has not been filed or advanced within the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreementspecified in this article, the grievance shall be deemed to have been abandoned and may not be referred to arbitrationconsidered abandoned.
36.15 37.16 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
37.17 The Employer has the right to file grievances directly with the President of the Union.
37.18 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties
37.19 The parties agree that arbitration referred to in 37.18 shall be by a single arbitrator.
37.20 If an arbitrator selected is not available for a hearing date within thirty (30) days of the date on which notification by either party to submit the difference to arbitration was made, another name will be selected until an arbitrator is found to hear the parties within the above mentioned thirty (30) day period. Such time limit may be extended by mutual agreement.
37.21 The arbitrator has all of the powers granted to arbitrators under the Canada Labour Code in addition to any powers which are contained in this Agreement.
37.22 The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it.
37.23 The award of the arbitrator shall be signed by him and copies thereof shall be transmitted to the parties to the dispute.
37.24 The Arbitrator shall not have the authority to alter or amend any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to render any decision contrary to the terms and provisions of this Agreement, or to increase or decrease wages.
37.25 The Hamlet and the Union shall each pay one-half (2) of the remuneration and expenses of the arbitrator and each party shall bear its own expenses of every such arbitration.
37.26 Where a party has failed to comply with any of the terms of the decision of the arbitrator, either party or employee affected by the decision may, after the expiration of thirty (30) calendar days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file in the office of Clerk of the Nunavut Court of Justice, a copy of the decision, exclusive of the reason therefore in the prescribed form, whereupon the decision may be entered in the same way as a judgement or an order of that court and may be enforceable as such.
37.27 In addition to the powers granted to arbitrators under the Canada Labour Code the Arbitrator may determine that the employee has been dismissed for other than proper cause and he may:
(a) direct the Employer to reinstate the employee and pay to the employee a sum equal to his wages lost by reason of his dismissal, or such less sum as in the opinion of the Arbitrator is fair and reasonable; or
(b) make such order as he considers fair and reasonable having regard to the terms of this Agreement.
37.28 As an alternative to the formal arbitration process set out in the foregoing paragraph, by mutual agreement of the parties, a grievance may be referred to a previously agreed upon person who shall hear the grievance and who shall at the conclusion of the hearing, give an oral decision without reasons. Such decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means
37.29 The Labour Management Committee has the right to attempt to resolve the matter within four (4) days prior to referral to arbitration.
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 35.01 The Employer and the Union recognize that grievances may arise in each of the following circumstances:
(a) by the interpretation, application, administration interpretation or alleged violation application of:
(i) a provision of a regulation, direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or
(ii) a provision of this Collective Agreement or Arbitral Award; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) dismissal; and
(d) letters of discipline placed on personnel filedismissal from the Employer.
36.02 35.02 The procedure for the final resolution of the grievances listed in section 35.01 above is arbitration.
35.03 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 35.04 An Employee employee or the Union who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to his immediate supervisor the Employer Manager who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee employee and the Union with a receipt stating the date on which the grievance was received by him.
36.04 35.05 A grievance of an employee or the Union shall not be deemed to be invalid by reason only of the fact it is not in accordance with the form supplied by the Employer.
35.06 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a) First Level (Base Manager);
(b) Second Level (General ManagerBoard of Directors);
(c) Final Level (arbitrationArbitration).
36.05 35.07 The Union shall have the right to consult with the Employer Manager with respect to a grievance at each or any level of the grievance procedure.
36.06 35.08 An Employee employee may present a grievance to the First Level first level of the procedure in the manner prescribed in Article 36.03 not later than Clause 35.04 within twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievancedays.
36.07 35.09 The Employer shall reply in writing to an Employees a grievance within fourteen (14) calendar days at First Level and Second Levelthe level 1, within thirty (30) calendar days at level 2.
36.08 35.10 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Levelfirst level:
(a) where the decision or settlement is not satisfactory to the grievorgriever, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; or
(b) where the Employer has not conveyed a decision to the grievor griever within the time prescribed in Article 36.07 Clause 35.09 within fourteen (14) calendar days after the day the reply was due.
36.09 35.11 Where an Employee employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employeeemployee.
36.10 35.12 No Employee employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 35.13 The Union shall have the right to initiate and present a grievance on any matter matters relating to health and safety, to any level of management specified in the grievance procedure, on behalf of one or more members of the Union.
36.12 35.14 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 35.15 An Employee employee may, by written notice to the Manager, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approvalendorsement, in writing, of the Union.
36.14 35.16 The Union shall have the right to initiate and present a grievance to any level of management specified in the grievance procedure related to the application or interpretation of this Agreement on behalf of one or more members of the Union.
35.17 The Employer shall present its grievances directly to the President of the Union.
35.18 The time limits stipulated in this procedure are mandatory but Article may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitrationrepresentative.
36.15 35.19 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
35.20 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in this Article, notify the other party in writing within twenty-one (21) days of the receipt of the reply at the Final Level, of his desire to submit the difference or allegation to arbitration.
35.21 The parties agree that arbitration referred to in 34.20 shall be by a single arbitrator.
35.22 If an arbitrator selected by mutual agreement of the parties is not available for a hearing date within the thirty (30) days of the date on which notification by either to submit the difference to the arbitrator was made another name will be selected until an arbitrator is found to hear the parties within the above mention thirty (30) day period. Such time limits may be extended by mutual agreement.
35.23 In the event that the Employer and the Union are unable to agree upon the selection of the Arbitrator, the Minister responsible for the Canada Labour Code shall be requested to appoint an Arbitrator, and it is agreed that the Arbitrator so appointed shall act as the single Arbitrator.
35.24 The arbitrator has all of the powers granted to arbitrators under the Canada Labour Code in addition to any powers which are contained in this Agreement.
35.25 The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it.
35.26 The award of the arbitrator shall be signed by him and copies thereof shall be transmitted to the parties to the dispute.
35.27 The Arbitrator shall not have the authority to alter or amend any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to render any decision contrary to the terms and provision of this Agreement, or to increase or decrease wages.
35.28 The Employer and the Union shall each pay one-half of the remuneration and expenses of the arbitrator and each party shall bear its own expenses of every such arbitration.
35.29 Where a party has failed to comply with any of the terms of the decision of the arbitrator, either party or employee affected by the decision may, after the expiration of thirty (30) calendar days from the date of the release of the deci- sion or the date provided in the decision for compliance, whichever is later, file in the office of Clerk of the Federal Court of Canada, a copy of the decision, exclusive of the reason therefore in the prescribed form, whereupon the decision may be entered in the same way as a judgment or an order of that court and may be enforceable as such.
35.30 In addition to the powers granted to arbitrators under the Canada Labour Code, Part I, the arbitrator may determine that the employee has been dismissed for other than proper cause and he may:
(a) direct the Employer to reinstate the employee and pay to the employee a sum equal to his wages lost by reason of his dismissal, or such less sum as in the opinion of the Arbitrator is fair and reasonable; or
(b) make such order as he considers fair and reasonable having regard to the terms of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 The Employer 37.01 A grievance is a difference which arises between the Union and the Union recognize that grievances may arise in each of Employer and/or between an employee and the following circumstances:
(a) by Employer relating to the interpretation, application, or administration or alleged violation of:
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or
(ii) a provision of this Agreement or Arbitral Awardincluding any question as to whether a matter is arbitrable; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) , dismissal; and
(d) letters and letter of discipline placed on an employee’s personnel file. Grievances shall be settled according to the following procedures for adjustment of disputes and arbitration.
36.02 If he so desires37.02 An xxxxxxx effort shall be made by employees, an Employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 An Employee who wishes and the Employer to present a grievance at any prescribed level in resolve differences informally, before resorting to the grievance procedure, shall transmit this grievance to his immediate supervisor who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee with a receipt stating the date on which the grievance was received by him.
36.04 . Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a) First Level (Base - The Employee’s Immediate Out of Scope Manager);
(b) Second Level (General Manager);- Chief Executive Officer, or designate
(c) Final Level (arbitration).
36.05 - Arbitration. The Union shall have the right parties recognize that they may mutually agree to consult with the Employer with respect meet to discuss possible resolution to a grievance at each any level of the process.
37.03 The Employer shall designate a representative for the first (1st) and second (2nd) levels of the grievance procedure in consideration of the departments affected. The names and titles of those persons designated shall be posted on the Union notice board. In no event shall a member of the Bargaining Unit be designated as the Employer’s representative for the first or any second level of the grievance procedure.
36.06 37.04 An Employee may employee shall present a grievance in writing to the First Level first (1st) level of the procedure in the manner prescribed in Article 36.03 not later than the twenty-five first (2521st) calendar days day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance. When filing a grievance the employee shall make an effort to state the nature of the grievance, the circumstances from which it arose, the Articles alleged infringed and the redress sought. A copy of the grievance shall also be presented to the Chief Executive Officer or designate.
36.07 37.05 The Employer shall reply in writing to an Employees employee’s grievance within fourteen (14) calendar days at First Level and Second Level.
36.08 An Employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:
(a) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; or
(b) where the Employer has not conveyed a decision to the grievor within the time prescribed in Article 36.07 within fourteen (14) calendar days after the day the reply was due.
36.09 Where an Employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employee.
36.10 No Employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure.
36.12 An Employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 An Employee may, by written notice withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration.
36.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.fourteen
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 The Employer and the Union recognize that grievances may arise in each of 37.01 Grievances shall be settled according to the following circumstances:
(a) by the interpretation, application, administration or alleged violation of:
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions procedures for adjustment of employment; or
(ii) a provision of this Agreement or Arbitral Award; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) dismissal; and
(d) letters of discipline placed on personnel filedisputes and arbitration.
36.02 37.02 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 37.03 An Employee employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance in writing to his immediate supervisor who the first level of management stating the matters giving rise to the grievance, provisions of the Agreement violated, and the redress sought. The Employer shall forthwithprovide a receipt for the grievance.
37.04 A grievance of an employee shall not be deemed to be invalid by a reason only of the fact it is not in accordance with the form supplied by the Employer.
37.05 The Employer shall accept grievances transmitted electronically from the Union only :
(a) forward ifthe Union obtains written confirmation from the Employer that the Employer has received the grievance and this written confirmation is obtained prior to the representative expiry of the Employer authorized to deal with grievances at the appropriate leveltime limits set out in this Article; and
(b) provide the Employee Union provides the Employer with a receipt stating copy of the date on which original grievance within the grievance was received by himtime limits set out in this Article.
36.04 37.06 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a) First Level (Base ManagerAssistant Secretary Manager or Maintenance Supervisor);
(b) Second Level (General Housing Manager);
(c) Final Level (arbitrationArbitration).
36.05 37.07 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 37.08 An Employee employee may present a grievance to the First Level first level of the procedure in the manner prescribed in Article 36.03 not later than twenty-five fourteen (2514) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
36.07 37.09 The Union shall have the right to initiate and present a grievance on matters relating to health and safety at the second level of the grievance procedure.
37.10 The Employer shall reply in writing to an Employees employee's grievance within fourteen (14) calendar days at First Xxxxx 0, and within thirty (30) calendar days at Level and Second Level2.
36.08 37.11 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:first level,
(a) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; or
(b) where the Employer has not conveyed a decision to the grievor within the time prescribed in Article 36.07 within fourteen (14) calendar days after the day the reply was due.
36.09 Where an Employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employee.
36.10 No Employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure.
36.12 An Employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 An Employee may, by written notice withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration.
36.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.fourteen
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 35.01 The Employer and the Union recognize that grievances may arise in each of the following circumstancescircum- stances:
(a) by the interpretation, application, administration interpretation or alleged violation application of:
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions condi- tions of employment; or
(ii) a provision of this Collective Agreement or Arbitral Award; and
(b) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c) dismissal; and
(d) letters of discipline placed on personnel file.
36.02 35.02 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 35.03 An Employee employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to his immediate supervisor who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee employee with a receipt stating the date on which the grievance was received by him.
36.04 35.04 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a1) First Level (Base ManagerSenior Administrative Officer);
(b2) Second Level (General ManagerHamlet Council);
(c3) Final Level (arbitration).
36.05 35.05 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 35.06 An Employee employee may present a grievance to the First Level first level of the procedure in the manner prescribed in Article 36.03 clause 35.03 not later than twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
36.07 35.07 The Employer shall reply in writing to an Employees employee’s grievance within fourteen (14) calendar days at First level 1, and within thirty (30) calendar days at Level and Second Level2.
36.08 35.08 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure proce- dure beyond the First Level:first level,
(a) where the decision or settlement is not satisfactory to the grievorgriever, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; , or;
(b) where the Employer has not conveyed a decision to the grievor griever within the time prescribed in Article 36.07 clause 35.07 within fourteen (14) calendar days after the day the reply was due.
36.09 35.09 Where an Employee employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's ’s decision at each level of the grievance procedure at the same time that the Employer's ’s decision is conveyed to the Employeeemployee.
36.10 35.10 No Employee employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 35.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management man- agement specified in the grievance procedure.
36.12 35.12 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting pre- senting such grievance.
36.13 35.13 An Employee employee may, by written notice to the Senior Administrative Officer, withdraw a grievance provided pro- vided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 35.14 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration.
36.15 35.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularityirregular- ity.
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 The 28.01 A grievance is defined as a complaint, dispute or difference between the Employer and the Union recognize that grievances may arise in each of the following circumstances:
(a) by the interpretationUnion, application, administration or alleged violation of:
(i) a direction or other instrument made or issued by between the Employer dealing with terms and an employee, concerning the interpretation or conditions of employment; or
(ii) a provision application of this Agreement or Arbitral Award; and
(b) disciplinary action resulting in demotionAgreement. Disciplinary actions of written warnings, suspension, demotion, financial penalty or a financial penalty;
(c) dismissal; and
(d) letters dismissal may be grieved according to the provisions of discipline placed on personnel filethis Article.
36.02 If he so desires28.02 The aggrieved employee, an Employee may be assisted and represented by or the Union when presenting on his behalf, may file a grievance at any levelpertaining to matters mentioned in 28.01 through the procedure discussed in this Article.
36.03 28.03 An Employee who wishes employee shall, within fifteen (15) working days of his or her first knowledge of an incident giving rise to present a grievance at any prescribed level in grievance, discuss the matter with his or her supervisor. The supervisor shall within fifteen (15) working days following receipt of the employee's submission of the grievance, give a written reply to the employee concerning his or her grievance.
28.04 If the grievance procedureis not settled satisfactorily according to Xxxxxx 28.03, shall transmit this grievance to his immediate supervisor who shall forthwith:
(a) forward the grievance will be put in writing and presented to the representative Chief Executive Officer within fifteen (15) days of receiving a reply according to Xxxxxx 28.03. The C.E.O. shall, within fifteen (15) working days following receipt of the Employer authorized employee's submission of the grievance, give a written reply to deal with grievances at the appropriate level; and
(b) provide the Employee with a receipt stating the date on which the grievance was received by himemployee concerning his or her grievance.
36.04 Except as otherwise provided in 28.05 If either the Union or the Employer have a difference concerning the interpretation or application of this Agreement a grievance Agreement, it shall be processed by recourse to the following steps:
presented in writing within fifteen (a15) First Level (Base Manager);
(b) Second Level (General Manager);
(c) Final Level (arbitration).
36.05 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level days of the grievance procedure.
36.06 An Employee may present a grievance to the First Level of the procedure in the manner prescribed in Article 36.03 not later than twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances incident giving rise to the grievance. The Union may initiate an individual, group, and/or policy grievance. If a satisfactory reply is not received from the other party within fifteen (15) working days, the matter may be referred to arbitration.
36.07 The Employer shall reply 28.06 If a grievance is not settled according to Articles 28.04 and 28.05 in the above procedure, either party may notify the other party in writing within twenty-one (21) days of the receipt of the reply, of their desire to an Employees grievance within fourteen (14) calendar days at First Level and Second Levelsubmit the difference or allegation to arbitration.
36.08 An Employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:
(a) where the decision or settlement is not satisfactory to the grievor, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; or
(b) where the Employer has not conveyed a decision to the grievor within the time prescribed in Article 36.07 within fourteen (14) calendar days after the day the reply was due.
36.09 Where an Employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employee.
36.10 No Employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee the grievance procedures shall apply except that the grievance may be presented at the Final Level.
36.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure.
36.12 An Employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 An Employee may, by written notice withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 28.07 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representativerepresentative.
28.08 The parties agree that arbitration referred to in 28.05 shall be by a single arbitrator selected by the parties. Where Should the parties be unable to agree, the appointment shall be made by the Arbitration Services Division of the Department of Human Resources Development - Labour Component, Government of Canada.
28.09 The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it.
28.10 The award of the arbitrator shall be signed by him and copies thereof shall be transmitted to the parties in the dispute.
28.11 The arbitrator shall not have the authority to alter or amend any of the time limits provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to render any decision contrary to the terms and provisions of this Agreement.
28.12 The Employer and the Union shall each pay one-half of the remuneration and expenses of the arbitrator and each party shall bear its own expenses of every such arbitration.
28.13 If an arbitrator determines an employee has been dismissed for filing other than proper cause he or advancing she may:
(a) direct the Employer to reinstate the employee and pay to the employee a sum equal to his or her wages lost by reason of his or her dismissal, or such less sum as in the opinion of the Arbitrator is fair and reasonable; or
(b) make such order as he or she considers fair and reasonable having regard to the terms of this Agreement.
28.14 An alternative to the formal arbitration process set out in the foregoing paragraph, by mutual agreement of the parties, a grievance are not complied with and are not extended by mutual agreement, may be referred to a previously agreed upon person who shall hear the grievance and who shall be deemed to have been abandoned and at the conclusion of the hearing, give an oral decision without reasons. Such decisions may not be referred used to arbitrationalter, modify or amend any part of the appropriate Collective Agreement, and are made without precedent or prejudice to similar or like cases. Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means.
36.15 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 35.01 The Employer and the Union recognize that grievances may arise in each of the following circumstancescircum- stances:
(1) by the interpretation or application of:
(a) by the interpretation, application, administration or alleged violation of:
(i) a direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; or
(iib) a provision of this Collective Agreement or Arbitral Award; and
(b2) disciplinary action resulting in demotion, suspension, or a financial penalty;
(c3) dismissal; and
(d4) letters of discipline placed on personnel file.
36.02 35.02 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 35.03 An Employee employee who wishes to present a grievance at any prescribed level in the grievance procedure, procedure shall transmit this grievance to his immediate supervisor who shall forthwith:
(a1) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b2) provide the Employee employee with a receipt stating the date on which the grievance was received by him.
36.04 35.04 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a1) First Level (Base ManagerSenior Administrative Officer);
(b2) Second Level (General ManagerHamlet Council);
(c3) Final Level (arbitration).
36.05 35.05 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 35.06 An Employee employee may present a grievance to the First Level first level of the procedure in the manner prescribed in Article 36.03 clause 35.03 not later than twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
36.07 35.07 The Employer shall reply in writing to an Employees employee's grievance within fourteen (14) calendar days at First level 1, and within thirty (30) calendar days at Level and Second Level2.
36.08 35.08 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:first level,
(a1) where the decision or settlement is not satisfactory to the grievorgriever, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; , or;
(b2) where the Employer has not conveyed a decision to the grievor griever within the time prescribed in Article 36.07 clause 35.07 within fourteen (14) calendar days after the day the reply was due.
36.09 35.09 Where an Employee employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employeeemployee.
36.10 35.10 No Employee employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee employee the grievance procedures shall apply except that the grievance may be presented at the Final Second Level.
36.11 35.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure.
36.12 35.12 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 35.13 An Employee employee may, by written notice to the Senior Administrative Officer, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 35.14 Employer grievances shall be processed by filing directly with the President of the Union.
35.15 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration.
36.15 35.16 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
Appears in 1 contract
Samples: Collective Agreement
ADJUSTMENT OF DISPUTES. 36.01 35.01 The Employer and the Union recognize that grievances may arise in each of the following circumstances:
(a) by the interpretation, application, administration or alleged violation of:of this Agreement, including any question as to whether a matter is arbitrable, or of an arbitral award;
(ib) the interpretation, application, administration or alleged violation of a direction or other instrument made or issued by the Employer dealing with the terms or conditions of employment; or;
(ii) a provision of this Agreement or Arbitral Award; and
(bc) disciplinary action resulting in demotion, suspension, or a financial penalty;
(cd) dismissal; and
(de) letters or notations of discipline placed on an employee's personnel file.
36.02 35.02 If he so desires, an Employee employee may be assisted and represented by the Union when presenting a grievance at any level.
36.03 35.03 An Employee employee who wishes to present a grievance at any prescribed level in the grievance procedure, procedure shall transmit this grievance to his immediate supervisor who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level; and
(b) provide the Employee employee with a receipt stating the date on which the grievance was received by him.
36.04 35.04 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps:
(a) First Level (Base ManagerSenior Administrative Officer);
(b) Second Level (General ManagerHamlet Council);
(c) Final Level (arbitration).
36.05 35.05 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
36.06 35.06 An Employee employee may present a grievance to the First Level of the procedure in the manner prescribed in Article 36.03 35.03 not later than twenty-five (25) calendar days after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
36.07 35.07 The Employer shall reply in writing to an Employees employee's grievance within fourteen (14) calendar days at First Level Level, and within thirty (30) calendar days at Second Level.
36.08 35.08 An Employee employee or the Union may present a grievance at each succeeding level in the grievance procedure beyond the First Level:,
(a) where the decision or settlement is not satisfactory to the grievorgriever, within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to him by the Employer; , or;
(b) where the Employer has not conveyed a decision to the grievor griever within the time prescribed in Article 36.07 35.07 within fourteen (14) calendar days after the day the reply was due.
36.09 35.09 Where an Employee employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the Employeeemployee.
36.10 35.10 No Employee employee shall be dismissed without first being given notice in writing together with the reasons therefore. When the Employer dismisses an Employee employee the grievance procedures shall apply except that the grievance may be presented at the Final Second Level.
36.11 35.11 The Union shall have the right to initiate and present a grievance on any matter to any level of management specified in the grievance procedure.
36.12 35.12 An Employee employee shall have the right to present a grievance on matters relating to the application or interpretation of this Agreement provided he first obtains the authorization of the Union prior to presenting such grievance.
36.13 35.13 An Employee employee may, by written notice to the Senior Administrative Officer, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement his withdrawal has the approval, in writing, of the Union.
36.14 35.14 Employer grievances shall be processed by filing directly with the President of the Union.
35.15 The time limits stipulated in this procedure are mandatory but may be extended by mutual agreement between the Employer and the Employeeemployee, and where appropriate, the Union Representative. Where any of the time limits for filing or advancing a grievance are not complied with and are not extended by mutual agreement, the grievance shall be deemed to have been abandoned and may not be referred to arbitration.
36.15 35.16 No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity.
35.17 Should the grievance not be resolved following Second Level either party may, by written notice to the other party, refer the matter to arbitration.
Appears in 1 contract
Samples: Collective Agreement