ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 grievance 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 representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten days after the decision under Step No. I is received, the grievance shall be deemed to have been settled or abandoned. A written grievance will indicate the nature of the grievance and the remedy sought by the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the patties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays shall not be counted in determining the time within which any action is to be taken or completed under the grievance procedure.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, agreement including any questions question as to whether a matter is arbitrable. At the time formal discipline is imposed, up to and including discharge, or at any of the grievance procedure, an employee shall the right upon request to the presence of her xxxxxxx. 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. It is understood that an employee has no grievance may until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received discussed with his immediate supervisor within ten (10) calendar days after the decision under Step Nocircumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. I is receivedFailing settlement within ten (10) calendar days, the complaint shall then be taken up as a grievance within ten (10) calendar days following advice of his immediate supervisor's decision in the following manner or sequence: The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall be deemed to have been settled or abandoned. A written grievance will indicate identify the nature of the grievance and the remedy sought by and should identify the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent provisions of the patties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered Agreement which are alleged to have been settled violated. The immediate supervisor will deliver his decision in writing within ten (10) calendar days following the day on which the grievance was presented to him. Failing settlement, then: 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. Step No. may be omitted where the employee's immediate supervisor and the Administrator is the same person. Failing settlement then: Within fourteen (14) calendar days following the decision in Step No. the grievance may be submitted in writing to the Administrator of the Home and the Grievance Committee who shall meet within fourteen (14) 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 abandonedotherwise clearly identify the issues in dispute. SaturdayIt 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 Administrator of the Home may have such counsel and assistance as he may desire at such meeting. The decision of the Employer shall be delivered within the fourteen (14) calendar days following the date of such meeting. A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, Sunday 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 designated paid holidays the regular grievance procedure shall not be counted thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in determining writing. Said grievance shall identify each employee in the time group and shall be presented to the Administrator or his 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 having been initiated at Step No. and the applicable provisions of this Article shall then apply .with respect to the processing of such grievance. A claim by an employee that has been discharged without just cause or suspended shall be treated as a grievance at Step No. if the grievance is submitted in writing within seven (7) calendar days following the date on which any action the discharge or suspension is effected. 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 taken or completed settled under the grievance procedure.Grievance and Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, agreement including any questions question as to whether a matter is arbitrable. At the time formal discipline is imposed, up to and including discharge, or at any stage of the grievance may procedure, an employee shall have the right upon request to the presence of her xxxxxxx. 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 referred to arbitration by either partyadjusted as quickly as possible. If It is understood that an employee has no written notice grievance until he has first given his immediate supervisor the opportunity of intent to submit the matter for arbitration is received adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within ten seven (7) calendar days after the decision under Step Nocircumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. I is receivedFailing settlement within seven (7) calendar days, the complaint shall then be taken up as a grievance within seven (7) calendar days following advice of his immediate supervisor's decision in the following manner or sequence: The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall be deemed to have been settled or abandoned. A written grievance will indicate identify the nature of the grievance and the remedy sought by and should identify the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent provisions of the patties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered Agreement which are alleged to have been settled violated. The 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: 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 abandonedAdministrative and Support Services), who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. SaturdayThe parties may, Sunday if they so desire, meet to discuss the grievance at a time and designated paid holidays place suitable to both parties. Step No. I may be omitted where the employee's immediate supervisor and the Director are the same person. Failing settlement then: Within fourteen (14) calendar days following the decision in Step No. the grievance may be submitted in writing to the Administrator of the Home and the Grievance Committee who shall meet within fourteen (14) 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 Administrator of the Home may have such counsel and assistance as he may desire at such meeting. The decision of the Employer shall be delivered within the fourteen (14) calendar days following the date of such meeting. A complaint or grievance arising directly between the 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 counted thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in determining writing. Said grievance shall identify each employee in the time group and shall be presented to the Administrator or his designate within which any action is fourteen (14) calendar days after the circumstances giving rise to be taken or completed under the grievance procedurehave occurred or ought reasonably to have come to the attention of the employees in the group. The grievance shall then be treated as having been initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this Agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, agreement including any questions question as to whether a matter is arbitrable, . At the time formal discipline imposed or at any stage of the grievance may 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 advance. It is the mutual desire of the parties hereto that complaints of employees shall be referred to arbitration by either partyadjusted as quickly as possible, and understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. If no written notice of intent to submit the matter for arbitration is received Such complaint shall be discussed with his immediate supervisor within ten nine (9) calendar days after the circumstances giving rise to have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate decision under Step Nothe following manner and sequence: The employee may submit a written grievance signed by the employee to his immediate supervisor. I is received, the The grievance shall be deemed to have been settled or abandoned. A written grievance will indicate identify the nature of the grievance and the remedy sought by and should identify the grieverprovisions of the Agreement which are alleged to be violated. Time limits fixed in The immediate supervisor will deliver his decision writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: 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 arbitration procedures place suitable to both parties. This step may be extended only by written, mutual consent omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the pattiessubmission of the grievance at Step No. Should unless extended by agreement of the Employer not respond within parties. It is understood and agreed that a representative of the time fixed, Canadian Union of Public Employees and the griever may be present at the meeting. It is further understood that the Hospital Administrator or his designee may have such failure to respond counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be deemed to be a denial delivered 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. Should It expressly understood, however, that the provisions of this Article may not be used with respect to a grievance not be submitted within directly affecting an employee which such employee could himself institute and the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays regular grievance procedure shall not be counted in determining thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance writing identifying each employee who is grieving to the time Department Head or his designee within which any action 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 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 claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance a written statement of such grievance is to lodged by the employee with the hospital at Step No. within seven (7) calendar days after the date the discharge or suspension effected. Such special grievance may be taken or completed settled under the grievance procedure.Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this Agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, Agreement including any questions question as to whether a matter is arbitrable, ." "At the time formal discipline is imposed or at any stage of the grievance may procedure an employee shall have the right upon request to the presence of steward. Xx xxe case of suspension or discharge the Hospital shall notify the employee of this right in advance.'' is the mutual desire of the parties hereto that complaints of employees shall be referred to arbitration by either partyadjusted 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. If no written notice of intent to submit the matter for arbitration is received Such complaint shall be discussed with his immediate supervisor within ten 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. The employee may submit a grievance signed by the employee to his immediatesupervisor. The grievance shall identify the nature of the grievance and remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The 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: No. Within nine (9) calendar days following the decision under Step No. I is receivedthe 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 shall at a time and place suitable to both parties. This step may be deemed 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 have been settled the HospitalAdministrator or abandonedhis designee. A written grievance meeting will indicate then be held between the nature 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 remedy sought by the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent present at the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the patties. Should the Employer not respond within the time fixed, such failure to respond Hospital shall be deemed to be a denial 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. Should It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance not be submitted within directly affecting an employee which such employee could himself institute and the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays regular grievance procedure shall not be counted thereby bypassed.” “Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in determining writing identifying each employee who is grieving to the time Department Head or his designee within which any action 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 been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is to effected. Such special grievance may be taken or completed settled under the grievance procedure.Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step For purposes of the Collective Agreement, a grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate manager the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint, he shall discuss it with his immediate manager within five (5) days the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The manager shall give his response to the complaint within five (5) days and, failing settlement, it may be then taken up as a grievance within five (5) days after being advised of the immediate manager's decision in the following manner and sequence: If the employee wishes, he may go directly to step of the grievance procedure without following the process outlined above. 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 request the assistance of his xxxxxxx, may present his grievance to his immediate manager. The grievance shall be in writing on a grievance form approved by the Company and the Union. The grievance shall be signed by the employee and shall include the nature of the grievance, the remedy sought and the provisions of this Agreementthe Agreement which are alleged to have been violated. Failing settlement, an xxxxxxx effort the immediate manager shall be made to settle such differences deliver his decision in writing within ten five (5) days following the presentation of the occurrencegrievance to him. If further action Failing Settlement: Within five (5)days after the decision in which Step is to be taken, then within ten (IO) days of the discussiongiven, the employee, who may request the assistance of her employee representativethe xxxxxxx, shall may submit the written grievance in writing to his Human Resources Manager or his 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 AdministratorHuman Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step the griever, who may have the assistance of the Union xxxxxxx, may submit the grievance in writing to the Store Manager or his designate. A meeting will then be held between the parties Store Manager or his designate and the employee and the Union xxxxxxx. Such meeting shall be held within ten daysfive (5) days of submission of the grievance at Step unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Union shall be present at such meeting at the request of either party and that the Company may also have such counsel and assistance as it may desire. The Administrator decision of the Store Manager or his designate shall give be delivered in writing within five (5) days following the date of such meeting. It is agreed that a policy grievance arising directly between the Company and the Union shall be originated under Step and the time limits set out with respect to the step shall appropriately apply. It is understood, however, that the provisions of this section may not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written decision within ten days statement of such grievance is lodged with the Company at Step of the meeting to grievance procedure within five (5) days after the Bargaining Unit President date the discharge or her designate with a copy- to the Labour Relations Officersuspension is effected. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the Such grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten days after the decision under Step No. I is received, the grievance shall be deemed to have been settled or abandoned. A written grievance will indicate the nature of the grievance and the remedy sought by the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the patties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays shall not be counted in determining the time within which any action is to be taken or completed under the grievance procedure.or arbitration procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, agreement including any questions question as to whether a matter is arbitrable. At the time formal discipline is imposed, up to and including discharge, or at any stage of the grievance may procedure, an employee shall have the right upon request to the presence of her xxxxxxx. 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 referred to arbitration by either partyadjusted as quickly as possible. If It is understood that an employee has no written notice grievance until he has first given his immediate supervisor the opportunity of intent to submit the matter for arbitration is received adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within ten seven (7) calendar days after the decision under Step Nocircumstances giving rise to it have or ought reasonably to have come to the attention of the employee. I is receivedFailing settlement within seven (7) calendar days, the complaint shall then be taken up as a grievance within seven (7) calendar days following advice of his immediate supervisor's decision in the following manner or sequence: The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall be deemed to have been settled or abandoned. A written grievance will indicate identify the nature of the grievance and the remedy sought by and should identify the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent provisions of the patties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered Agreement which are alleged to have been settled violated. The 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: 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 abandonedAdministrative and Support Services), who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. SaturdayThe parties may, Sunday if they so desire, meet to discuss the grievance at a time and designated paid holidays place suitable to both parties. Step No. I be omitted where the employee's immediate supervisor and the Director are the same person. Failing settlement then: Within fourteen (14) calendar days following the decision in Step No. the grievance may be submitted in writing to the Administrator of the Home and the Grievance Committee who shall meet within fourteen 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 Administrator of the Home may have such counsel and assistance as he may desire at such meeting. The decision of the Employer shall be delivered within the fourteen (14) calendar days following the date of such meeting. A complaint or grievance arising directly between the 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 counted thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in determining writing. Said grievance shall identify each employee in the time group and shall be presented to the Administrator or his designate within which any action is fourteen (14) calendar days after the circumstances giving rise to be taken or completed under the grievance procedurehave occurred or ought reasonably to have come to the attention of the employees in the group. The grievance shall then be treated as having been initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step For purposes of the Collective Agreement, a grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate manager the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint, he shall discuss it with his immediate manager within five (5) days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The manager shall give his response to the complaint within five (5) days and, failing settlement, it may be then taken up as a grievance within five (5) days after being advised of the immediate manager's decision in the following manner and sequence: If the employee wishes, he may go directly to step of the g n p ure without the process outIin above. 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 request the assistance of his xxxxxxx, may present his grievance to his immediate manager. The grievance shall be in writing on a grievance form approved by the Company and the Union. The grievance shall be signed by the employee and shall include the nature of the grievance, the remedy sought and the provisions of this Agreementthe Agreement which are alleged to have been violated. Failing settlement, an xxxxxxx effort the immediate manager shall be made to settle such differences deliver his decision in writing within ten five (5) days following the presentation of the occurrencegrievance to him. If further action is to be taken, then within ten Failing Settlement: Within five (IO5) days of after the discussiondecision in which Step is given, the employee, who may request the assistance of her employee representativethe xxxxxxx, shall may submit the written grievance in writing to his Human Resources Manager or his 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 AdministratorHuman Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step the griever, who may have the assistance of the Union xxxxxxx, may submit the grievance in writing to the Store Manager or his designate. A meeting will then be held between the parties Store Manager or his designate and the employee and the Union xxxxxxx. Such meeting shall be held within ten daysfive (5) days of submission of the grievance at Step unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Union shall be present at such meeting at the request of either party and that the Company may also have such counsel and assistance as it may desire. The Administrator decision of the Store Manager or his designate be delivered in writing within five (5) days following the date of such meeting. It is agreed that a policy grievance arising between the Company and the Union shall give be originated under Step and the time limits set out with respect to the step shall appropriately apply. It is understood, however, that the provisions of this section may not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed, An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written decision within ten days statement of such grievance is lodged with the Company at Step of the meeting to grievance procedure within five (5) days after the Bargaining Unit President date the discharge or her designate with a copy- to the Labour Relations Officersuspension is effected. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the Such grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten days after the decision under Step No. I is received, the grievance shall be deemed to have been settled or abandoned. A written grievance will indicate the nature of the grievance and the remedy sought by the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the patties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays shall not be counted in determining the time within which any action is to be taken or completed under the grievance procedure.or arbitration procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. The It is the mutual desire of the parties to this agreement believe it is important to adjust Agreement that complaints and grievances of employees shall be dealt with as quickly as possible as provided for hereinpossible. The It is understood and agreed that before initiating an individual grievance, the employee shall, in the presence of his Xxxxxxx or other Union shall first discuss any individual complaint informally with the Director of Care at the first opportunity. In all steps of this grievance procedure an aggrieved employeeRepresentative, if she he so desires may be accompanied by or represented by her employee representative. At Step wishes, discuss the matter with his xxxxxxx and other supervisory personnel of the grievance procedure a representative of the Ontario Nurses' Union may be present at the request of either partyEmployer, giving him an opportunity to deal with that complaint. Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of Grievances properly arising under this Agreement, an xxxxxxx effort Agreement shall be made to settle such differences within ten days of the occurrence. If further action is to be taken, then within adjusted and settled as follows: Within ten (IO10) 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten days after the decision under Step No. I is receivedcircumstances giving rise to the grievance occurred or originated (except in the case of a discharge grievance, which shall be presented within five (5) working days), the grievance shall be deemed presented to have been settled or abandonedthe company, in writing, and the parties shall meet within five (5) working days in an endeavour to settle the grievance. A written grievance will indicate the nature Written notice of the grievance and must be submitted to the remedy sought by Local Association. If a satisfactory settlement is not received within five (5) working days from the griever. Time limits fixed meeting in Step I above, then the grievance and arbitration procedures may be extended only by written, mutual consent submitted to a Committee consisting of two (2) members of the patties. Should Council and two (2) members of the Employer Bargaining Agency at any time within five (5) days thereafter, but not respond later. Ifasatisfactory settlement is not reached within working days from either meeting above, then the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not may be submitted within the various time limits specified to arbitration as provided in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays shall not be counted in determining the any time within which any action is ten days thereafter, but not later. Grievancesdealing with alleged violationsof payment for hours of work, rates of pay. overtime, vacation and holiday pay, shift premium, travelling expenses, room and board allowances, reporting allowances and dues may be brought forward within ninety (90) days from the date the circumstances giving rise to be taken or completed under the grievance procedureoccurred or originated. 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 submitted to arbitration, the 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 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. 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 grievance 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 representative of the Ontario Nurses' Union Nurses'Association may be present at the request of either party. Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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 representativerepresentative Labour Relations Officer, shall submit the written grievance to the AdministratorAdministrator 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- copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to referredto arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten days after the decision under Step No. I is received, the grievance shall be deemed to have been settled or abandoned. A written grievance will indicate the nature of the grievance and the remedy sought by the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the pattiesparties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to consideredto have been settled or abandoned. Saturday, Sunday and designated paid holidays shall not be counted in determining the time within which any action is to be taken or completed under the grievance procedure.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 grievance 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 representative of the Ontario Nurses' Union Association may be present at the request of either party. Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten (10) days of the occurrence. 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 representativerepresentative and/or Labour Relations Officer, shall submit the written grievance to the AdministratorAdministrator 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- copy to the Labour Relations Officer. Office Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten days after the decision under Step No. I is received, the grievance shall be deemed to have been settled or abandoned. A written grievance will indicate the nature of the grievance and the remedy sought by the griever. Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the pattiesparties. Should the Employer not respond within the time fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays shall not be counted in determining the time within which any action is to be taken or completed under the grievance procedure.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this Agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, agreement including any questions 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." 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 referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received discussed with his immediate supervisor within ten 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 under Step Noin the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). I is received, the The grievance shall be deemed to have been settled or abandoned. A written grievance will indicate identify the nature of the grievance and the remedy sought by and should identify the grieverprovisions of the Agreement which are alleged to be violated. Time limits fixed in The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and arbitration procedures 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: Within nine (9) calendar days following the decision in Step No. the grievance may be extended only submitted in writing to the (designated by written, mutual consent Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the pattiessubmission of the grievance at Step No. Should unless extended by agreement of the Employer not respond within parties. It is understood and agreed that a representative of the time fixedCanadian Union of Public Employees and the may be present at the meeting, It is further understood that the (designate) may have such failure to respond counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be deemed delivered in writing within nine (9) calendar days following the date of such meeting “Where a number of employees have identical grievances and each employee would be entitled to be grieve separately they may present a denial 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. Should a grievance not be submitted within .” “The release or discharge of an employee during the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays probationary period shall not be counted in determining the time 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 which any action seven (7) calendar days after the date the discharge or suspension is to effected. Such special grievance may be taken or completed settled under the grievance procedure.Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this Agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, Agreement including any questions 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 referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received discussed with his immediate supervisor within ten 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 under Step Noin the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). I is received, the The grievance shall be deemed to have been settled or abandoned. A written grievance will indicate identify the nature of the grievance and the remedy sought by and should identify the grieverprovisions of the Agreement which are alleged to be violated. Time limits fixed in The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and arbitration procedures 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: Within nine (9) calendar days following the decision in Step the grievance may be extended only submitted in writing to the (designated by written, mutual consent Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the pattiessubmission of the grievance at Step No. Should unless extended by agreement of the Employer not respond within parties. It is understood and agreed that a representative of the time fixed, Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) may have such failure to respond counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be deemed to be a denial 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. Should It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance not be submitted within directly affecting an employee which such employee could himself institute and the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays regular grievance procedure shall not be counted 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 determining writing identifying each employee who is grieving to the time Department Head or his designee within which any action 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 to 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 taken or completed settled under the grievance procedure.Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this Agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, Agreement including any questions question as to whether a matter is arbitrable, . At any stage of the grievance may procedure an employee shall have union representation. It is the mutual desire of the parties hereto that complaints of employees shall be referred to arbitration by either partyadjusted as quickly as possible, and it is understood that an employee has no grievance until has first given immediate supervisor the opportunity of adjusting complaint. If no written notice of intent to submit the matter for arbitration is received Such complaint shall be discussed with immediate supervisor within ten days seven (7) 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 seven (7) working days, it shall then be taken up as a grievance within seven (7) working days following advise of immediate supervisor's decision under Step No. I is received, in the following manner and sequence: The grievance shall be deemed to have been settled or abandoned. A written grievance will indicate identify the nature of the grievance and the remedy sought by and should identify the grieverprovisions of the Agreement which are alleged to be violated. Time limits fixed The immediate Manager will deliver decision in writing within seven (7) days following the day on which the grievance was presented to Failing settlement, 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 arbitration procedures place suitable to both parties. The Department Head or Vice-president will deliver decision in writing within seven (7) days from the date on which the written grievance was presented to him. Failing settlement then: STEP Within seven (7) days following the decision in Step No. the grievance may be extended only by writtensubmitted in writing to the Director, mutual consent Labour Relations or designate. A meeting will then be held between the Director, Labour Relations or hisher designate and the Grievance Committee within seven (7) working days of the pattiessubmission of the grievance at Step No. Should or such date as is mutually agreed. It is understood and agreed that a representative of the Employer not respond within Canadian Union of Public Employees and the time fixed, such failure to respond shall be deemed present at the meeting, unless the Hospital and the Union mutually agreed to be a denial exclude the presence. It is understood that the Director, Labour Relations or hisher designate may have such counsel and assistance as may desire at such meeting. The decision of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it Hospital shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays shall not be counted delivered in determining writing within seven (7) days following the time within which any action is to be taken or completed under the grievance proceduredate of such meeting.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. 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 For purposes of this Agreement, a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure is defined as a representative of the Ontario Nurses' Union may be present at the request of either party. Should any dispute arise difference arising between the Employer and an employee, or between the Employer and the Union, as parties relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. 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. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions question as to whether a matter is arbitrable. At the time formal discipline is imposed, or at any stage of the grievance procedure, including the complaint stage, 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 may until has first given immediate supervisor the opportunity of adjusting complaint. Such complaint shall be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received discussed with immediate supervisor within ten 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 immediate supervisor's decision under Step No. I is receivedin the following manner and sequence: Within nine (9) calendar days following the supervisor's decision or failing satisfactory settlement, the Employee may submit a written grievance signed by the Employee to immediate supervisor. The grievance shall be deemed to have been settled or abandoned. A written grievance will indicate identify the nature of the grievance and the remedy sought by and should identify the grieverprovisions of the Agreement which are alleged to be violated. Time limits fixed The immediate supervisor will deliver decision in writing within nine (9) calendar days following the day on which the grievance and arbitration procedures was presented to Failing settlement, then: Within nine (9) calendar days following the decision in Step No. the grievance may be extended only by writtensubmitted in writing to the Director, mutual consent Human Resources or designate. A meeting will then be held between the Director, Human Resources or designate and the Grievance Committee within nine (9) calendar days of the pattiessubmission of the grievance at Step No. Should unless extended by Agreement of the Employer not respond within parties. It is understood and agreed that a representative of the time fixedCanadian Union of Public Employees and the may be present at the meeting. It is further understood that the Director, Human Resources or designate may have such failure to respond counsel and assistance as may desire at such meeting. The decision of the Hospital shall be deemed to be a denial 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. Should It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance not be submitted within directly affecting an Employee which such Employee could institute and the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays regular grievance procedure shall not be counted thereby bypassed. Group Grievance Where a number of Employees have identical grievances and each Employee would be entitled to grieve separately they may present a group grievance in determining writing identifying each Employee who is grieving to the time Department Head or designee within which any action fourteen (I4) 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 probationary period that has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is to 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 taken or completed settled under the grievance procedure.Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
