ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step No. I The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Step No. Within nine (9) calendar days following the decision in Step the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. “A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step No. I The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement or response, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or his designee. A meeting will then be held between the (designate) Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the griever may be present at the meeting. It is further understood that the (designate) Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. “A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions provision of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A a claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care at the first opportunity. In all steps of this Agreementgrievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure a grievance is defined as a difference arising representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise between the parties relating Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the Agreement provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. Step No. If further action is to be taken, then within ten (IO) days of the discussion, the employee, who may request the assistance of her employee representative, shall submit the written grievance to the Administrator. A meeting will be held between the parties within ten days. The Administrator shall give a written decision within ten days of the meeting to the Bargaining Unit President or her designate with a copy- to the Labour Relations Officer. Step No. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any question questions as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of , the grievance procedure an employee shall have may be referred to arbitration by either party. If no written notice of intent to submit the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It matter for arbitration is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor received within nine (9) calendar ten days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: under Step No. I The employeeis received, who may the grievance shall be accompanied by a xxxxxxx, may submit a deemed to have been settled or abandoned. A written grievance signed by the employee to (designated by Hospital). The grievance shall identify will indicate the nature of the grievance and the remedy sought by the griever. Time limits fixed in the grievance and should identify the provisions arbitration procedures may be extended only by written, mutual consent of the Agreement which are alleged patties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be violateda denial of the grievance. The Union and the Hospital may, if they so desire, meet to discuss the Should a grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Step No. Within nine (9) calendar days following the decision in Step the grievance may not be submitted within the various time limits specified in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. this Agreement, unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital mutually extended, it shall be delivered in writing within nine (9) calendar days following the date of such meetingconsidered to have been settled or abandoned. “A complaint or grievance arising directly between the Hospital Saturday, Sunday and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure designated paid holidays shall not be thereby bypassed. Where a number of employees have identicalgrievances and each employee would counted in determining the time within which any action is to be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head taken or his designee within fourteen (14) calendar days after the circumstances giving rise to completed under the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:procedure.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes The parties to this agreement believe it important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. In all steps of this Agreementgrievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure a grievance is defined as a difference arising representative of the Ontario Nurses'Association may be present at the request of either party. Should any dispute arise between the parties relating Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the Agreement provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. Step No. If further action is to be taken, then within ten days of the discussion, the employee, who may request the assistance of her employee representative Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten days. The Administrator shall give a written decision within ten days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Step No. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any question questions as to whether a Canada -June matter is arbitrable. At the time formal discipline is imposed or at any stage of , the grievance procedure an employee shall have may be referredto arbitration by either party. If no written notice of intent to submit the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It matter for arbitration is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor received within nine (9) calendar ten days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: under Step No. I The employeeis received, who may the grievance shall be accompanied by a xxxxxxx, may submit a deemed to have been settled or abandoned. A written grievance signed by the employee to (designated by Hospital). The grievance shall identify will indicate the nature of the grievance and the remedy sought and should identify by the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss Time limits fixed in the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Step No. Within nine (9) calendar days following the decision in Step the grievance arbitration procedures may be submitted in writing to the (designated extended only by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement written, mutual consent of the parties. It is understood and agreed that Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a representative denial of the Canadian Union of Public Employees and grievance. Should a grievance not be submitted within the may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital various time limits specified in this Agreement, unless mutually extended, it shall be delivered in writing within nine (9) calendar days following the date of such meetingconsideredto have been settled or abandoned. “A complaint or grievance arising directly between the Hospital Saturday, Sunday and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure designated paid holidays shall not be thereby bypassed. Where a number of employees have identicalgrievances and each employee would counted in determining the time within which any action is to be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head taken or his designee within fourteen (14) calendar days after the circumstances giving rise to completed under the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:procedure.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto to this Agreement that complaints of employees shall be adjusted dealt with as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step No. I The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Step No. Within nine (9) calendar days following the decision in Step the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative before initiating an individual grievance, the employee shall, in the presence of his Xxxxxxx or other Union Representative, if he so wishes, discuss the matter with his xxxxxxx and other supervisory personnel of the Canadian Union of Public Employees and the may be present at the meetingEmployer, giving him an opportunity to deal with that complaint. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. “A complaint or grievance Grievances properly arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the under this Agreement shall be originated at Step No. within fourteen adjusted and settled as follows: Within ten (1410) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come originated (except in the case of a discharge grievance, which shall be presented within five (5) working days), the grievance shall be presented to the attention company, in writing, and the parties shall meet within five (5) working days in an endeavour to settle the grievance. Written notice of the The grievance shall then must be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect submitted to the processing Local Association. If a satisfactory settlement is not received within five (5) working days from the meeting in Step I above, then the grievance may be submitted to a Committee consisting of such grievancetwo (2) members of the Council and two (2) members of the Employer Bargaining Agency at any time within five (5) days thereafter, but not later. The release or discharge Ifasatisfactory settlement is not reached within working days from either meeting above, then the grievance may be submitted to arbitration as provided in this Agreement. any time within ten days thereafter, but not later. Grievancesdealing with alleged violationsof payment for hours of an employee during the probationary period shall not work, rates of pay. overtime, vacation and holiday pay, shift premium, travelling expenses, room and board allowances, reporting allowances and dues may be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. brought forward within seven ninety (790) calendar days after from the date the discharge circumstances giving rise to the grievance occurred or suspension is effectedoriginated. Such special It being understood and agreed that the above time limits do not apply to grievances concerning welfare and pension contributions, training fund, vacation pay and union dues, remittances and Employer’s Fund which may be brought forward within ninety (90) days from the date the Union became aware of the alleged violation. No grievance maybe submitted to arbitration which has not been properly processed through the mandatory stages of the grievance procedure as herein provided. Notwithstanding Article the party initiating the grievance may opt to proceed to arbitration under Section of the When either party requests that a grievance be settled under submitted to arbitration, the Grievance or party making the request shall do so in writing to the other party and at the same time, appoint an arbitrator. Within five (5) days thereafter, the other party shall appoint an arbitrator. The two (2) arbitrators so appointed will meet at their earliest convenience and attempt to select by agreement, a third person who shall act as Chairman of the Arbitration Procedure by:Board. If they are unable to agree on a Chairman within two (2) days, they will then request the Minister of Labour of the Province of Ontario to appoint an impartial Chairman.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage For purposes of this article, reference to relating to steps in the grievance and arbitration procedure an shall exclude Saturdays, Sundays and paid holidays. A that a probationary employee has been disciplined or discharged shall have not constitute a difference between the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of parties under this right in advanceagreement. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he has first given his immediate supervisor manager the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint. The may have the assistance of a union xxxxxxx if , he or she so desires. Such complaint shall be discussed discuss it with his immediate supervisor manager within nine five (95) calendar days after the circumstances giving rise to it the complaint have occurred or ought reasonably to have reasonably come to the attention of the employee and employee. The manager shall give his response to the complaint within five (5) days and, failing settlement within nine (9) calendar dayssettlement, it shall may be then be taken up as a grievance within nine five (95) calendar days following advice after being advised of his the immediate supervisormanager's decision in the following manner and sequence: Step NoIf the employee wishes, he may go directly to step of the grievance procedure without following the process outlined above. I If an employee decides to go directly to step he must file his grievance under step Iwithin five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the empI The employee, who may be accompanied by a request the assistance of his xxxxxxx, may submit present his grievance to his immediate manager. The grievance shall be in writing on a written grievance form approved by the Company and the Union. The grievance shall be signed by the employee to (designated by Hospital). The grievance and shall identify include the nature of the grievance and grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union and Failing settlement, the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will immediate manager shall deliver his decision in writing within nine five (95) calendar days following the day on which presentation of the grievance was presented to him. Failing settlement or response, thenSettlement: Step No. Within nine five (95)days after the decision in which Step is given, the employee, who may request the assistance of the xxxxxxx, may submit the grievance in writing to his Human Resources Manager or his designate who shall deliver his decision in writing within five (5) calendar days following the presentation of the grievance to him. Where an employee's immediate manager and the Human Resources Manager are the same person, this step shall be omitted. Step Within five (5) days after the decision in Step the griever, who may have the assistance of the Union xxxxxxx, may submit the grievance may be submitted in writing to the (designated by Hospital)Store Manager or his designate. A meeting will then be held between the (designate) Store Manager or his designate and the Grievance Committee employee and the Union xxxxxxx. Such meeting shall be held within nine five (95) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Canadian Union of Public Employees and the may shall be present at such meeting at the meeting. It is further understood request of either party and that the (designate) Company may also have such counsel and assistance as he it may desire at such meetingdesire. The decision of the Hospital Store Manager or his designate shall be delivered in writing within nine five (95) calendar days following the date of such meeting. “A complaint or It is agreed that a policy grievance arising directly between the Hospital Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. within fourteen (14) calendar days following and the circumstances giving rise time limits set out with respect to the complaint or grievancestep shall appropriately apply. It is expressly understood, however, that the provisions of this Article section may not be used with respect to a grievance remedy directly affecting an employee which such employee could himself institute or employees and that the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply An arbitrator dealing with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitrationbrought pursuant to this section is only authorized to issue a declaration. A claim by an employee who has completed his probationary probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Company at Step No. of the grievance procedure within seven five (75) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance grievance or Arbitration Procedure arbitration procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advanceunion representation. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine seven (97) calendar days days, excluding weekends and holidays after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine seven (97) calendar working days, it shall then be taken up as a grievance within nine seven (97) calendar working days following advice advise of his immediate supervisor's decision in the following manner and sequence: Step No. I STEP The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital). immediate The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and immediate Manager will deliver decision in writing within seven (7) days following the Hospital mayday on which the grievance was presented to Failing settlement, if they so desire, meet then: STEP Within seven (7) days following the decision under Step No. the employee may submit the written grievanceto hisher Department Head or Vice-president who will arrange a meeting to discuss the grievance at a time and place suitable to both parties. The (designate) Department Head or Vice-president will deliver his decision in writing within nine seven (97) calendar days following from the day date on which the written grievance was presented to him. Failing settlement or response, then: Step No. STEP Within nine seven (97) calendar days following the decision in Step No. the grievance may be submitted in writing to the (designated by Hospital)Director, Labour Relations or designate. A meeting will then be held between the (designate) Director, Labour Relations or hisher designate and the Grievance Committee within nine seven (97) calendar working days of the submission of the grievance at Step No. unless extended by agreement of the partiesor such date as is mutually agreed. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may shall be present at the meeting, unless the Hospital and the Union mutually agreed to exclude the presence. It is further understood that the (designate) Director, Labour Relations or hisher designate may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine seven (97) calendar days following the date of such meeting. “A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. ." "At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It ." is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step No. I The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. , It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. meeting “A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. .” “Where a number of employees have identicalgrievances identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. .” “The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. In all steps of this Agreementgrievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure a grievance is defined as a difference arising representative of the Ontario Nurses' Association may be present at the request of either party. Should any dispute arise between the parties relating Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the Agreement provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten (10) days of the occurrence. Step No. If further action is to be taken, then within ten days of the discussion, the employee, who may request the assistance of her employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten days. The Administrator shall give a written decision within ten days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Office Step No. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any question questions as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of , the grievance procedure an employee shall have may be referred to arbitration by either party. If no written notice of intent to submit the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It matter for arbitration is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor received within nine (9) calendar ten days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: under Step No. I The employeeis received, who may the grievance shall be accompanied by a xxxxxxx, may submit a deemed to have been settled or abandoned. A written grievance signed by the employee to (designated by Hospital). The grievance shall identify will indicate the nature of the grievance and the remedy sought and should identify by the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss Time limits fixed in the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Step No. Within nine (9) calendar days following the decision in Step the grievance arbitration procedures may be submitted in writing to the (designated extended only by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement written, mutual consent of the parties. It is understood and agreed that Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a representative denial of the Canadian Union of Public Employees and grievance. Should a grievance not be submitted within the may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital various time limits specified in this Agreement, unless mutually extended, it shall be delivered in writing within nine (9) calendar days following the date of such meetingconsidered to have been settled or abandoned. “A complaint or grievance arising directly between the Hospital Saturday, Sunday and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure designated paid holidays shall not be thereby bypassed. Where a number of employees have identicalgrievances and each employee would counted in determining the time within which any action is to be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head taken or his designee within fourteen (14) calendar days after the circumstances giving rise to completed under the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:procedure.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreementagreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed imposed, up to and including discharge, or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of her xxxxxxx. In the case of suspension or discharge the Hospital The Employer shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine seven (97) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing employee. Failing settlement within nine seven (97) calendar days, it the complaint shall then be taken up as a grievance within nine seven (97) calendar days following advice of his immediate supervisor's decision in the following manner and or sequence: Step No. I The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union immediate supervisor will deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to the appropriate Director (Resident Care or Administrative and Support Services), who will deliver his decision in writing within nine (9) calendar days from the Hospital date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following Step No. I be omitted where the day on which employee's immediate supervisor and the grievance was presented to himDirector are the same person. Failing settlement or response, then: Step No. Within nine fourteen (914) calendar days following the decision in Step No. the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between Administrator of the (designate) Home and the Grievance Committee who shall meet within nine (9fourteen 4) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. The purpose of the meeting shall be to facilitate a resolution of the grievance or otherwise clearly identify the issues in dispute. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) Administrator of the Home may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital Employer shall be delivered in writing within nine the fourteen (914) calendar days following the date of such meeting. “A complaint or grievance arising directly between the Hospital Employer. and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances identical grievances and each employee would be entitled to grieve separately separately, they may present a group grievance in writing identifying writing. Said grievance shall identify each employee who is grieving in the group and shall be presented to the Department Head Administrator or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employees in the group. The grievance shall then be treated as being having been initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure an shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall have not constitute a difference between the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of parties under this right in advanceagreement. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he has first given his immediate supervisor manager the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint. The may have the assistance of a union xxxxxxx if , he or she so desires. Such complaint shall be discussed discuss it with his immediate supervisor manager within nine five (95) calendar days after the circumstances giving rise to it the complaint have occurred or ought reasonably to have reasonably come to the attention of the employee and employee. The manager shall give his response to the complaint within five (5) days and, failing settlement within nine (9) calendar dayssettlement, it shall may be then be taken up as a grievance within nine five (95) calendar days following advice after being advised of his the immediate supervisormanager's decision in the following manner and sequence: Step NoIf the employee wishes, he may go directly to step of the g n p ure without the process outIin above. I If an employee decides to go directly to step Ihe must file his grievance under step Iwithin five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee. The employee, who may be accompanied by a request the assistance of his xxxxxxx, may submit present his grievance to his immediate manager. The grievance shall be in writing on a written grievance form approved by the Company and the Union. The grievance shall be signed by the employee to (designated by Hospital). The grievance and shall identify include the nature of the grievance and grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union and Failing settlement, the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will immediate manager shall deliver his decision in writing within nine five (95) calendar days following the day on which presentation of the grievance was presented to him. Failing settlement Settlement: Within five (5) days after the decision in which Step is given, the employee, who may request the assistance of the xxxxxxx, may submit the grievance in writing to his Human Resources Manager or responsehis designate who shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Where an employee's immediate manager and the Human Resources Manager are the same person, then: Step Nothis step shall be omitted. Within nine five (95) calendar days following after the decision in Step the griever, who may have the assistance of the Union xxxxxxx, may submit the grievance may be submitted in writing to the (designated by Hospital)Store Manager or his designate. A meeting will then be held between the (designate) Store Manager or his designate and the Grievance Committee employee and the Union xxxxxxx. Such meeting shall be held within nine five (95) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Canadian Union of Public Employees and the may shall be present at such meeting at the meeting. It is further understood request of either party and that the (designate) Company may also have such counsel and assistance as he it may desire at such meetingdesire. The decision of the Hospital shall Store Manager or his designate be delivered in writing within nine five (95) calendar days following the date of such meeting. “A complaint or It is agreed that a policy grievance arising directly between the Hospital Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. within fourteen (14) calendar days following and the circumstances giving rise time limits set out with respect to the complaint or grievancestep shall appropriately apply. It is expressly understood, however, that the provisions of this Article section may not be used with respect to a grievance remedy directly affecting an employee which such employee could himself institute or employees and that the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply , An arbitrator dealing with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitrationbrought pursuant to this section is only authorized to issue a declaration. A claim by an employee who has completed his probationary probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Company at Step No. of the grievance procedure within seven five (75) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance grievance or Arbitration Procedure arbitration procedure by:
Appears in 1 contract
Samples: Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreementagreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed imposed, up to and including discharge, or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of her xxxxxxx. In the case of suspension or discharge the Hospital The Employer shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine seven (97) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing employee. Failing settlement within nine seven (97) calendar days, it the complaint shall then be taken up as a grievance within nine seven (97) calendar days following advice of his immediate supervisor's decision in the following manner and or sequence: Step No. I The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union immediate supervisor will deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to the appropriate Director (Resident Care or Administrative and Support Services), who will deliver his decision in writing within nine (9) calendar days from the Hospital date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following Step No. I may be omitted where the day on which employee's immediate supervisor and the grievance was presented to himDirector are the same person. Failing settlement or response, then: Step No. : Within nine fourteen (914) calendar days following the decision in Step No. the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between Administrator of the (designate) Home and the Grievance Committee who shall meet within nine fourteen (914) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. The purpose of the meeting shall be to facilitate a resolution of the grievance or otherwise clearly identify the issues in dispute. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) Administrator of the Home may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital Employer shall be delivered in writing within nine the fourteen (914) calendar days following the date of such meeting. “A complaint or grievance arising directly between the Hospital Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances identical grievances and each employee would be entitled to grieve separately separately, they may present a group grievance in writing identifying writing. Said grievance shall identify each employee who is grieving in the group and shall be presented to the Department Head Administrator or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employees in the group. The grievance shall then be treated as being having been initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement Agreement, including any question as to whether a matter is arbitrable. At the time formal discipline is imposed imposed, or at any stage of the grievance procedure procedure, including the complaint stage, an employee Employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee Employee of this right in advance. Complaint It is the mutual desire of the parties hereto that complaints of employees Employees shall be adjusted as quickly as possible, and it is understood that an employee Employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and Employee and, failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step No. I The employeeWithin nine (9) calendar days following the supervisor's decision or failing satisfactory settlement, who may be accompanied by a xxxxxxx, the Employee may submit a written grievance signed by the employee Employee to (designated by Hospital)immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the (designated by Hospital)Director, Human Resources or designate. A meeting will then be held between the (designate) Director, Human Resources or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement Agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) Director, Human Resources or designate may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. “Policy Grievance A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee Employee which such employee Employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Group Grievance Where a number of employees Employees have identicalgrievances identical grievances and each employee Employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee Employee who is grieving to the Department Head or his designee within fourteen (14I4) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee Employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee Employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee Employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. ." "At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxxsteward. In the Xx xxe case of suspension or discharge the Hospital shall notify the employee of this right in advance. It .'' is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his his- immediate supervisor's decision in the following manner and sequence: Step No. I The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediatesupervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the (designated by Hospital)HospitalAdministrator or his designee. A meeting will then be held between the (designate) Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. .” “A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. .” “Where a number of employees have identicalgrievances identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. .” “The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. For purposes of this Agreementagreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed imposed, up to and including discharge, or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of her xxxxxxx. In the case of suspension or discharge the Hospital The Employer shall notify the employee of this right in advance. Subject to union xxxxxxx availability, the parties agree that during the investigation process, an employee may elect to meet and caucus for up to minutes with their union xxxxxxx before or during a meeting with the Employer where formal discipline is contemplated. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine ten (910) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing employee. Failing settlement within nine ten (910) calendar days, it the complaint shall then be taken up as a grievance within nine ten (910) calendar days following advice of his immediate supervisor's decision in the following manner and or sequence: Step No. I The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union and immediate supervisor will deliver his decision in writing within ten (10) calendar days following the Hospital day on which the grievance was presented to him. Failing settlement, then: Step No. Within ten (10) calendar days following the decision under Step No. the employee may submit the written grievance to the Administrator who will deliver a decision in writing within ten (10) calendar days from the date on which the written grievance was presented to The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following Step No. may be omitted where the day on which employee's immediate supervisor and the grievance was presented to himAdministrator is the same person. Failing settlement or response, then: Step No. Within nine fourteen (914) calendar days following the decision in Step No. the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between Administrator of the (designate) Home and the Grievance Committee who shall meet within nine fourteen (914) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. The purpose of the meeting shall be to facilitate a resolution of the grievance or otherwise clearly identify the issues in dispute. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) Administrator of the Home may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital Employer shall be delivered in writing within nine the fourteen (914) calendar days following the date of such meeting. “A complaint or grievance arising directly between the Hospital Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identicalgrievances identical grievances and each employee would be entitled to grieve separately separately, they may present a group grievance in writing identifying writing. Said grievance shall identify each employee who is grieving in the group and shall be presented to the Department Head Administrator or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employees in the group. The grievance shall then be treated as being having been initiated at Step No. and the applicable provisions of this Article shall then apply with .with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged without just cause or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. if the grievance is submitted in writing within seven (7) calendar days after following the date on which the discharge or suspension is effected. Such special In the case of an employee prior to the completion of the probationary period the conditions set out in Article shall apply. Any such grievance may be settled under the Grievance or and Arbitration Procedure by:
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Samples: Collective Agreement