Common use of ARTICLE GRIEVANCE AND ARBITRATION Clause in Contracts

ARTICLE GRIEVANCE AND ARBITRATION. Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. Any employees believing that they have been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as Between the employee concerned, the Union representative and the Manager. The grievance must be filed within eighteen working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this step. The manager shall give an oral decision within four working days from the date the discussion took place. If the Union wishes to appeal the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manager within six working days from the Store Manager’s oral decision. Between the employee concerned, the Union representative, the Manager, the District Supervisor and/or their delegates. The discussion at this Step shall be held within seven working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing with the Head Office of the Employer within one week of the decision of the Employer at STEP TWO. The grievance shall be forwarded to the Head Office of the Employer, which shall have one week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven days from the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with thereto. The Employer or the Union may file grievances commencing at STEP THREE. If an Arbitration Board finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer or any employee affected by the violation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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ARTICLE GRIEVANCE AND ARBITRATION. Either The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or concerning finalized as quickly as possible. Every effort will be made to settle disputes during the interpretation, application or alleged violation early stage of the grievance procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfillingits obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising from this Agreement, the Xxxxxxx concerned shall first obtain the permission of his immediate supervisor or dispatcher, and all time away from work shall be devoted to the handling of the particular business necessitating his absence. Any employees believing that they have been unjustly dealt with or that Subject to the provisions terms of this Agreement have not been complied witha grievance shall consist of a dispute concerning interpretation and application of any clause in this Agreement, shall have alleged violations of the right to place such grievances Agreement, and alleged abuses of discretion by supervision in the hands treatment of employees contrary to the terms of the Union for review Agreement. any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these provisions, the question may be taken up through the grievance procedure and adjustment by the Employerdetermined, if necessary, by arbitration. Such grievances There shall be processed as Between an xxxxxxx effort on the employee concerned, part of both parties to settle such grievances promptly through the Union representative and following steps: The employeeshall take up the Manager. The grievance must be filed within eighteen working days after matter with his Xxxxxxx prior to taking the event giving rise to the grievance occurs and within this period of time it shall be discussed at this step. The manager shall give an oral decision within four working days from the date the discussion took place. If the Union wishes to appeal the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed matter up with the Store Manager within six working days from the Store Manager’s oral decision. Between the employee concerned, the Union representative, the Manager, the District Xxxxxxx or Supervisor and/or their delegates. The discussion at this Step shall be held within seven working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing with the Head Office of the Employer within one week of the decision of the Employer at STEP TWOquestion. The grievance shall be forwarded to the Head Office of the Employer, which shall have one week to dispose of the grievance. The disposition shall be in writing and returned to the officers on a form. One copy of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision this form shall be given to the other party Xxxxxxx or Supervisor and one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the Xxxxxxx or Supervisorwithin ten days after the Occurrence of the matter complained of and the Xxxxxxx or Supervisor shall answer the grievance in writing on the form presented to him within five (5) working days after he has received same. If the matter is not settled the Chief Xxxxxxx of the Union or his representative may, within five (5) working days after receiving the written reply of the Supervisor or Xxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two (2) members of the Grievance Committee which meeting shall occur within seven (7) working days from after the date of grievancehas been presented to the meetingGeneral Manager or his nominee. The General Manager or his nominee shall give his decision in writing to the Union within three (3) days, or a longer period if mutually agreed upon with Union. In the case event that the matter has not been settled, either party may, within fifteen working days following the decision of the General Manager, refer the matter to arbitration by giving to the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. Should either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The two (2) nominees of the parties shall, within ten (10) days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and determinethe matters in issue which have been submitted to them for disposal and the decision of a dismissalmajority of the members of the Arbitration Board shall be final and binding on all parties concerned. If there is no majority decision, the decision of the chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerningthe industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto shall bear the expense of its own representative to a Board of Arbitration and the parties shalljointly and equally bear the expense, if any, of the chairman of such Board of Arbitration. No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the grievance may be filed by procedure in accordance with this Agreement The Arbitration Board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend any part of this Agreement but shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee who feels he was has been found to have been unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedure and the disposition Board of such grievances, if sustained, shall include the determination of the effective date of the increase with thereto. The Employer or the Union may file grievances commencing at STEP THREE. If an Arbitration Board finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award order reinstatement with or without compensation as it sees fit. In the event that either the Company or the Union wish to the Employer or any employee affected by the violation.present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE AND ARBITRATION. Either For the Employerpurposes of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. Any employees believing that they have been unjustly dealt with or that The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible the provisions of this the Agreement which are alleged to have not been complied with, violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence xxxxxxx. In the case of suspensionor discharge, the Hospital shall the employee of this right in advance. Where the Hospital deems it necessary to place suspend or discharge an employee, the Hospital shall the Union of such grievances suspension or discharge in within three (3) days. It is the hands mutual desire of the Union for review parties hereto that complaints be adjusted as quickly as possible, and adjustment by it is understood that an employee has no grievance until he has first given his immediate supervisorthe opportunity of adjusting his complaint. The may have the Employer, assistance of a union xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as Between the employee concerned, the Union representative and the Manager. The grievance must be filed discussed with his immediate supervisor within eighteen working five (5) days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. Failing settlement, then: Within five (5) days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance occurs was presented to him. This step may be omitted where the immediate supervisor and within this period of time it shall be discussed at this Department Head are the same person. settlement, then: Within five days following the decision in the immediately preceding step. The manager shall give an oral decision within four working days from the date the discussion took place. If the Union wishes to appeal the next Step, the grievance shall be reduced submitted in writing to writing and shall contain the provision Chief Executive Officer of the Agreement which has been allegedly violatedHospital or the designated Hospital representative. Notice of appeal shall be filed with the Store Manager within six working days from the Store Manager’s oral decision. Between the employee concerned, the Union representative, the Manager, the District Supervisor and/or their delegates. The discussion at this Step shall A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the designated union representatives who may be accompanied by the general representative of the Union,within seven working five (5) days of the date submission of the appealgrievance at Step extended by agreement of the parties. The decision of the Employer at this Step Hospital shall be delivered in writing and be made within four working ten (10) days of following the date of the such meeting. Should the Union wish to appeal, such notice of appeal must be in writing with the Head Office of the Employer within one week of the decision of the Employer at STEP TWO. The grievance shall be forwarded to the Head Office of the Employer, which shall have one week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven days from the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with thereto. The Employer or the Union may file grievances commencing at STEP THREE. If an Arbitration Board finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer or any employee affected by the violation.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE AND ARBITRATION. Either The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or concerning finalized as quickly as possible. Every effort will be made to settle disputes during the interpretation, application or alleged violation early stage of the Grievance Procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Subject to the terms of this Agreement. Any employees believing that they have Agreement which relate to the investigation following administration of discipline or the decision of the Company to discharge an employee or an feels he had been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as Between followed: STEP The grievance shall be in writing, copy of which shall be given to the employee concerned, Manager and to the Union representative and the Manageremployee's Xxxxxxx. The grievance must be filed presented to the Manager within eighteen five (5) working days after the event giving rise to occurrence of the matter complained of and the Manager shall answer the grievance occurs and presented to him in writing within this period of time it shall be discussed at this stepfive (5) working days after has received it. The manager shall give an oral decision within four working days from grievance must be in a legible form and signed by the date the discussion took placeemployee. STEP If the Union wishes to appeal the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which matter has not been allegedly violated. Notice of appeal shall be filed with the Store Manager within six working days from the Store Manager’s oral decision. Between the employee concernedsettled, the Union representativeXxxxxxx of the employee involved may, within five (5) working days after receiving the written answer from the Manager, present the District Supervisor and/or their delegatesgrievance in writing to the General Manager or nominee, who shall render his decision in writing within five (5) working days after receiving it. The discussion representative may, within five (5) working days after receiving a written decision of the General Manager or nominee, appeal the case in writing to the General Manager or nominee. Following the presentation of the grievance at this Step there shall be held arranged a meeting between Management and the Grievance Committee which meeting will take place within seven working (7)working days of after the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing with the Head Office of the Employer within one week of the decision of the Employer at STEP TWO. The grievance shall be forwarded has been presented to the Head Office of the Employer, which shall have one week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven days from the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may the employee with full back pay, suspend the employee for a definite period General Manager or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with thereto. The Employer or the Union may file grievances commencing at STEP THREE. If an Arbitration Board finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer or any employee affected by the violationnominee.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE AND ARBITRATION. Either The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or concerning finalized as quickly as possible. Every effort will be made to settle disputes during the interpretation, application or alleged violation early stage of the Grievance Procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committees will with the Company in not conducting investigations in a manner which will unduly interfere with the Company's The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Subject to the terms of this Agreement. Any employees believing that they have Agreement which relate to the investigation following administration of discipline or the decision of the Company to discharge an employee or an employee who feels had been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as Between followed: STEP The grievance shall be in writing, copy of which shall be given to the employee concerned, and to the Union representative and the Manageremployee's Xxxxxxx. The grievance must be filed presented to the Manager within eighteen five (5) working days after the event giving rise to occurrence of the matter complained of and the Manager shall answer the grievance occurs and presented to in writing within this period of time it shall be discussed at this stepfive (5) days after has received it. The manager shall give an oral decision within four working days grievance must be in a legible form and signed by the employee. answer from the date the discussion took place. If the Union wishes to appeal the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manager within six working days from the Store Manager’s oral decision. Between the employee concerned, the Union representative, the Manager, present the District Supervisor and/or their delegatesgrievance in writing to the General Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. The discussion STEP If the matter is not settled the Unit Chairperson his representative may, within five (5) working days after receiving a written decision of the General Manager or his nominee, appeal the case in writing to the Director of Human Resources or his nominee. Following the presentation of the grievance at this Step there shall be held arranged a meeting between Management and the Grievance Committee which meeting will take place within seven (7) working days after the grievance has been presented to the Director of Human Resources or his nominee. In the event that the matter has not been settled, either Party may, within ten working days of the date aforesaid meeting, contact the other Party in an endeavour to agree on a single arbitrator. Failing agreement within three (3) working days, arbitration will be under the following conditions. The Party desiring arbitration will give the other party a written notice of its intention and this notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the Party The Party referring the matter to arbitration shall name its nominee to the Arbitration Board in such notice. The other Party shall name its nominee to the Arbitration Board within five (5) working days after receiving a notice. Should either Party to appoint a nominee, shall be appointed at the request of the appealother nominee by the Federal Minister of Human Resources. The two nominees of the parties shall, within five (5) working days appoint or select a chairman for the arbitration board, but if they are not able to agree on the selection of a chairman, they shall request the Federal Minister of Human Resources to make the appointment. The Board of Arbitration so constituted of three (3) members shall then forthwith considerand determine the matters in issue which have been submitted to them for disposal and the decision of a majority of the Employer at this Step members of the Arbitration Board shall be in writing final and be made within four working days of the date of the meetingbinding on all Parties concerned. Should the Union wish to appealIf there is no majority decision, such notice of appeal must be in writing with the Head Office of the Employer within one week of the decision of the Employer at STEP TWO. The grievance Chairman shall be forwarded to the Head Office decision of the Employer, which shall have one week to dispose Board. Each of the grievance. The disposition Parties hereto shall be in writing bear the expense of its own representative to a Board of Arbitration and returned to the officers Parties shall jointly and equally bear the expense, if any, of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven days from the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedure and the disposition third Party of such grievancesBoard, if sustained, shall include the determination of the effective date of the increase with thereto. The Employer or the Union may file grievances commencing at STEP THREE. If an Arbitration Board finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer or any employee affected by the violationa single arbitrator.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE GRIEVANCE AND ARBITRATION. Either The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or concerning finalized as quickly as possible. Every effort will be made to settle disputes during the interpretationearly stage of the Grievance Procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Grievance Committee, application or alleged violation in order to investigate and participate in grievance matters and the Union agrees that the members of its Committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. Subject to the terms of this Agreement. Any employees believing that they have Agreement which relate to the investigation following administration of discipline or the decision of the Company to discharge an employee or an employee who feels he had been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as Between followed: STEP The grievance shall be in writing, copy of which shall be given to the employee concerned, Manager and to the Union representative and the Manageremployee's Xxxxxxx. The grievance must be filed presented to the Manager within eighteen five (5) working days after the event giving rise to occurrence of the matter complained of and the Manager shall answer the grievance occurs and presented to him in writing within this period of time it shall be discussed at this stepfive (5) working days after has received it. The manager shall give an oral decision within four working days from grievance must be in a legible form and signed by the date the discussion took placeemployee. STEP If the Union wishes to appeal the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which matter has not been allegedly violated. Notice of appeal shall be filed with the Store Manager within six working days from the Store Manager’s oral decision. Between the employee concernedsettled, the Union representativeXxxxxxx of the employee involved may, within five (5) working days after receiving the written answer from the Manager, present the District Supervisor grievance in writing to the General Manager or nominee, who shall render his decision in writing within five (5) working days after receiving it. STEP If the matter is not settled the Chief Xxxxxxx and/or their delegatesrepresentative may, within five (5) working days after receiving a written decision of the General Manager or nominee, appeal the case in writing General Manager or nominee. The discussion Following the presentation of the grievance at this Step there shall be held arranged a meeting between Management and the Grievance Committee which meeting will take place within seven (7) working days of after the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing with the Head Office of the Employer within one week of the decision of the Employer at STEP TWO. The grievance shall be forwarded has been presented to the Head Office of the Employer, which shall have one week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven days from the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may the employee with full back pay, suspend the employee for a definite period General Manager or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with thereto. The Employer or the Union may file grievances commencing at STEP THREE. If an Arbitration Board finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer or any employee affected by the violationnominee.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE AND ARBITRATION. Either The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or concerning finalized as quickly as possible. Every effort will be made to settle disputes during the interpretation, application or alleged violation early stage of the grievance procedure. It is understood that a reasonable amount of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committee will cooperatewith the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfillingits obligations to investigate and settle grievances. Before leaving his work to attend to business properly arising fi-om this Agreement, the Xxxxxxx concerned shall first obtain the permission of his immediate supervisor or dispatcher, and all time away fi-om work shall be devoted to the handling of the particular business necessitating his absence. Any employees believing that they have been unjustly dealt with or that Subject to the provisions terms of this Agreement have not been complied witha grievance shall consist of a dispute concerning interpretation and applicationof any clause in this Agreement, shall have violations of the right to place such grievances Agreement, and alleged abuses of discretion by supervision in the hands of employees contrary to the terms of the Union for review Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these provisions, the question may be taken up through the grievance procedure and adjustment by the Employerdetermined, if necessary, by arbitration. Such grievances There shall be processed as Between an effort on the part of both parties to settle such grievances promptly through the following steps: The employee concerned, shall take up the Union representative and matter with his Xxxxxxx prior to taking the Manager. The grievance must be filed within eighteen working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this step. The manager shall give an oral decision within four working days from the date the discussion took place. If the Union wishes to appeal the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed matter up with the Store Manager within six working days from the Store Manager’s oral decision. Between the employee concerned, the Union representative, the Manager, the District Xxxxxxx or Supervisor and/or their delegates. The discussion at this Step shall be held within seven working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing with the Head Office of the Employer within one week of the decision of the Employer at STEP TWOquestion. The grievance shall be forwarded to the Head Office of the Employer, which shall have one week to dispose of the grievance. The disposition shall be in writing and returned to the officers on a form. One copy of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision this form shall be given to the other party Xxxxxxx or Supervisorand one copy shall be given to the employee's Xxxxxxx. The grievance form must be presented to the Xxxxxxx or Supervisorwithin ten (1O) working days after the occurrence of the matter complained of and the Xxxxxxx or Supervisor shall answer the grievance in writing on the form presented to within five (5) working days after he has received same. If the matter is not settledthe Chief Xxxxxxx of the Union or his representative may, within five (5) working days after receiving the written reply of the Supervisoror Xxxxxxxx, present the grievance to the General Manager of the Company or his nominee. Following presentation of the grievance under this Step, there shall be arranged a meeting between Management and two (2) members of the Grievance Committee which meeting shall occur within seven (7) working days from after the date of grievancehas been presented to the meetingGeneral Manager or his nominee. The General Manager or his nominee shall give his decision in writing to the Union within three (3) working days, or a longer period if mutually agreed upon with Union. In the case event that the matter has not been settled, either party may, within fifteen (15) days following the decision of the General Manager, refer the matter to arbitration by giving to the other party a written notice of its intention to proceed to arbitration and this Notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the party. The party referring the matter to arbitration shall name its nominee to the Arbitration Board within ten (10) working days after receiving the notice. Should either party fail to appoint a nominee within the limited time, the appointment shall be made by the Ontario Labour Management Arbitration Commissionupon the request of either party. The two (2) nominees of the parties shall, within ten (1O) days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either party. The Board of Arbitration so constituted of three (3) members shall then forthwith consider and determine the matters in issue which have been submittedto them for disposal and the decision of a dismissalmajority of the members of the Arbitration Board shall be final and binding on all parties concerned. If there is no majority decision, the decision of the chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerningthe industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. Each of the parties hereto shall bear the expenseof its own representativeto a Board of Arbitration and the parties shall jointly and equally bear the expense, if any, of the chairman of such Board of Arbitration. No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the grievance may be filed by procedure in accordance with this Agreement. The Arbitration Board shall not make any decision inconsistent with this Agreement, nor alter, or any part of this Agreement but shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee who feels he was has been found to have been unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedure and the disposition Board of such grievances, if sustained, shall include the determination of the effective date of the increase with thereto. The Employer or the Union may file grievances commencing at STEP THREE. If an Arbitration Board finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award order reinstatement with or without compensation as it sees fit. In the event that either the Company or the Union wish to the Employer or any employee affected by the violation.present a policy grievance alleging a violation of this Agreement, such grievance must be presented in writing within seven

Appears in 1 contract

Samples: Collective Agreement

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