Common use of ARTICLE GRIEVANCE ARBITRATION PROCEDURE Clause in Contracts

ARTICLE GRIEVANCE ARBITRATION PROCEDURE. It is the desire of the parties to this Agreement that complaints of employees shall be dealt with as quickly as possible. It is understood and agreed that before initiating an individual grievance, the employee shall, in the presence of his Xxxxxxx or other Union Representative, if he so wishes, discuss the matter with his xxxxxxx and other supervisory personnel of the Employer, giving him an opportunity to deal with that complaint. Grievances properly arising under this Agreement shall be adjusted and settled as follows: Within ten (10) days after the circumstances 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 presented to the company, in writing, and the parties shall meet within five (5) working days in an endeavour to settle the grievance. Written notice of the grievance must be submitted to the Local Association. If a satisfactory settlement is not received within five (5) working days from the meeting in Step above, then the grievance may be submitted to a Committee consisting of two (2) members of the Council and two (2) members of the Employer Bargaining Agency at any time within five (5) days thereafter, but not later. If a satisfactory settlement is not reached within five (5) working from either meeting above, then the grievance may be submitted arbitration as provided in this Agreement, any time within ten (10) days thereafter, but not later. Grievances dealing with alleged violations of 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 ninety days from the date the circumstances giving rise to the grievance occurred 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 may be 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 Act. 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) working 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. The Arbitration Board shall hear the subject of the grievance, including whether or not the matter is arbitrable, and shall issue a decision which is binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs. Each of the parties shall pay one-half (112) of the remuneration and expenses of the Chairman of the Board. The Board shall not have the power to alter or amend any of the provisions of this Agreement. It is understood that the Employer Bargaining Agency, on its own behalf, or on behalf of its member companies, file a grievance with the Union and that if such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a grievance and referred to arbitration in the same way as a grievance of any employee. Such grievances shall be processed in accordance with Article of the grievance procedure set out above. The Local Union and/or Council may file a grievance when an alleged violation occurs which is of common concern to all or a group of employees in the bargaining unit or when a dispute arises in the application, interpretation or administrationof this Agreement. Such grievance is subject to the same time as set out in Article and is to be processed in accordance with the provisions of Article The nature of the grievance, the remedy sought and the article or articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance. In determining the time which is allowed in the various steps, Saturdays, Sundays and holidays shall be excluded and any time limited may be extended by mutual agreement in writing. A party proceeding to arbitration before the Ontario Labour Relations Board under the provisions of Section will send written notice to the Employer Bargaining Agency and the Ontario Provincial District Council of its intent to proceed to final and binding arbitration.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE GRIEVANCE ARBITRATION PROCEDURE. It is agreed by the desire of Company and the parties to this Agreement Union that wherever possible complaints of employees or management shall be dealt with adjusted as quickly as possiblepossible without prolonged discussion and it is further agreed that an employee has no grievance until he or the Chief Xxxxxxx has first given the xxxxxxx the opportunity of adjusting the If such complaint or adjustment is not amicably settled to the satisfaction of the employee or employees concerned, then the following steps may be carried out in the grievance procedure. It is understood understoodthat the word "grievance" as used this Agreement means any dispute or difference between an employee and/or the Union on the one hand, and agreed that before initiating an individual grievancethe Company on the other hand, involving the meaning or application of, or with, the provisions of this Agreement, and shall only relate to a dispute or difference which arises subsequent to the date of this Agreement. Any employee shall, in the presence of his Xxxxxxx or other Union Representative, if he so wishes, discuss the matter having been unable to effect a satisfactory settlement with his xxxxxxx as generally outlined above, and other supervisory personnel of who believes he has a complaint or grievance, shall state his grievance in writing. This written statement must be made to the Employer, giving him an opportunity to deal with that complaint. Grievances properly arising under this Agreement shall be adjusted and settled as follows: Within Company within ten (10) days after of the circumstances giving rise of the incidentfrom which the grievance arises if the grievance does not arise as the result of disciplinary action, suspension or dismissal by the Company. the grievance does arise as the result of disciplinary action, suspension or dismissal by the Company, such grievance must be stated in writing within five (5) working days of the occurrence of the incident from which the grievance arises. Such grievance must be signed by the grieving employee or employees, and a copy delivered to the grievance occurred xxxxxxx or originated (except in supervisor of the case employee or employees concerned. The employee shall have the right to request the assistance of a discharge grievanceShop After such discussion as is necessary, which the xxxxxxx shall be presented state his decision, in writing with appropriate reasons if necessary; a copy of such statement going to the Xxxxxxx representingthe employee, and a copy going to the Superintendentof the Seed Plant within five (5) working days), or such longer time as is mutually agreed upon. Should the Union be dissatisfied with the disposition of the grievance by the xxxxxxx, the grievance shall be presented Chief Xxxxxxx may within ten (10) working days of receipt of the xxxxxxx'x answer, the matter in writing to the company, Superintendent of the Seed Plant who shall the grievance in writing, and the parties shall meet writing within five (5) working days days, or such longer time as is mutually agreed upon. If no settlement is reached at Step the Grievance Committee may request in an endeavour to settle the grievancewriting a meeting with representativesof management. Written notice of the grievance This request must be submitted to the Local Association. If a satisfactory settlement is not received made within five (5) working days from the meeting in Step above, then the grievance may be submitted to a Committee consisting of two (2) members of the Council and two (2) members of the Employer Bargaining Agency at any time within five (5) days thereafter, but not later. If a satisfactory settlement is not reached within five (5) working from either meeting above, then the grievance may be submitted arbitration as provided in this Agreement, any time within ten (10) days thereafter, but not later. Grievances dealing with alleged violations of 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 ninety days from the date the circumstances giving rise to the grievance occurred 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 may be 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 Act. 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) working 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. The Arbitration Board shall hear the subject of the grievance, including whether or not the matter is arbitrable, and shall issue a decision which is binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs. Each of the parties shall pay one-half (112) of the remuneration and expenses of the Chairman of the Board. The Board shall not have the power to alter or amend any of the provisions of this Agreement. It is understood that the Employer Bargaining Agency, on its own behalf, or on behalf of its member companies, file a grievance with the Union and that if such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a grievance and referred to arbitration in the same way as a grievance of any employee. Such grievances shall be processed in accordance with Article of the grievance procedure set out above. The Local Union and/or Council may file a grievance when an alleged violation occurs which is of common concern to all or a group of employees in the bargaining unit or when a dispute arises in the application, interpretation or administrationof this Agreement. Such grievance is subject to the same time as set out in Article and is to be processed in accordance with the provisions of Article The nature of the grievance, the remedy sought and the article or articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance. In determining the time which is allowed in the various steps, Saturdays, Sundays and holidays shall be excluded and any time limited may be extended by mutual agreement in writing. A party proceeding to arbitration before the Ontario Labour Relations Board under the provisions of Section will send written notice to the Employer Bargaining Agency and the Ontario Provincial District Council of its intent to proceed to final and binding arbitration.ten

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE ARBITRATION PROCEDURE. It is agreed by the desire of Company and the parties to this Agreement Union that wherever possible complaints of employees or management shall be dealt with adjusted as quickly as possiblepossible without prolonged discussion and it is further agreed that an employee has no grievance until he or the Chief Xxxxxxx has first given the xxxxxxx the opportunity of adjusting the If such complaint or adjustment is not amicably settled to the satisfaction of the employee or employees concerned, then the following steps may be carried out in the grievance procedure. It is understood understoodthat the word "grievance" as used this Agreement means any dispute or difference between an employee and/or the Union on the one hand, and agreed that before initiating an individual grievancethe Company on the other hand, involving the meaning or application of, or with, the provisions of this Agreement, and shall only relate to a dispute or difference which arises subsequent to the date of this Agreement. Any employee shall, in the presence of his Xxxxxxx or other Union Representative, if he so wishes, discuss the matter havingbeen unable to effect a satisfactory settlement with his xxxxxxx as generally outlined above, and other supervisory personnel of who believes he has a complaint or grievance, shall state his grievance in writing. This written statement must be made to the Employer, giving him an opportunity to deal with that complaint. Grievances properly arising under this Agreement shall be adjusted and settled as follows: Within Company within ten (10) days after of the circumstances giving rise of the incidentfrom which the grievance arises if the grievance does not arise as the result of disciplinary action, suspension or dismissal by the Company. the grievance does arise as the result of disciplinary action, suspension or dismissal by the Company, such grievance must be stated in writing within five (5) working days of the occurrence of the incident from which the grievance arises. Such grievance must be signed by the grieving employee or employees, and a copy delivered to the grievance occurred xxxxxxx or originated (except in supervisor of the case employee or employees concerned. The employee shall have the right to request the assistance of a discharge grievanceShop After such discussion as is necessary, which the xxxxxxx shall be presented state his decision, in writing with appropriate reasons if necessary; a copy of such statement going to the Xxxxxxx representingthe employee, and a copy going to the Superintendentof the Seed Plant within five (5) working days), or such longer time as is mutually agreed upon. Should the Union be dissatisfied with the disposition of the grievance by the xxxxxxx, the grievance shall be presented Chief Xxxxxxx may within ten (10) working days of receipt of the xxxxxxx'x answer, the matter in writing to the company, Superintendent of the Seed Plant who shall the grievance in writing, and the parties shall meet writing within five (5) working days days, or such longer time as is mutually agreed upon. If no settlement is reached at Step the Grievance Committee may request in an endeavour to settle the grievancewriting a meeting with representativesof management. Written notice of the grievance This request must be submitted to the Local Association. If a satisfactory settlement is not received made within five (5) working days from the meeting in Step above, then the grievance may be submitted to a Committee consisting of two (2) members of the Council and two (2) members of the Employer Bargaining Agency at any time within five (5) days thereafter, but not later. If a satisfactory settlement is not reached within five (5) working from either meeting above, then the grievance may be submitted arbitration as provided in this Agreement, any time within ten (10) days thereafter, but not later. Grievances dealing with alleged violations of 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 ninety days from the date the circumstances giving rise to the grievance occurred 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 may be 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 Act. 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) working 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. The Arbitration Board shall hear the subject of the grievance, including whether or not the matter is arbitrable, and shall issue a decision which is binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs. Each of the parties shall pay one-half (112) of the remuneration and expenses of the Chairman of the Board. The Board shall not have the power to alter or amend any of the provisions of this Agreement. It is understood that the Employer Bargaining Agency, on its own behalf, or on behalf of its member companies, file a grievance with the Union and that if such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a grievance and referred to arbitration in the same way as a grievance of any employee. Such grievances shall be processed in accordance with Article of the grievance procedure set out above. The Local Union and/or Council may file a grievance when an alleged violation occurs which is of common concern to all or a group of employees in the bargaining unit or when a dispute arises in the application, interpretation or administrationof this Agreement. Such grievance is subject to the same time as set out in Article and is to be processed in accordance with the provisions of Article The nature of the grievance, the remedy sought and the article or articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance. In determining the time which is allowed in the various steps, Saturdays, Sundays and holidays shall be excluded and any time limited may be extended by mutual agreement in writing. A party proceeding to arbitration before the Ontario Labour Relations Board under the provisions of Section will send written notice to the Employer Bargaining Agency and the Ontario Provincial District Council of its intent to proceed to final and binding arbitration.ten

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE GRIEVANCE ARBITRATION PROCEDURE. Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties to this Agreement hereto that complaints of employees shall be dealt with adjusted as quickly as possible. It , and it is understood and agreed that before initiating an individual employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee shallshould have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the presence following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of his Xxxxxxx the Hospital, or other Union Representativedesignate, with a copy to the immediate supervisor. The employee may be accompanied, if he so wishesdesires, discuss the matter with by his xxxxxxx and other supervisory personnel of the Employer, giving him an opportunity to deal with that complaintunion xxxxxxx. Grievances properly arising under this Agreement shall be adjusted and settled as follows: Within ten (10) days after the circumstances 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 The grievance shall be presented to identify the company, in writing, and the parties shall meet within five (5) working days in an endeavour to settle the grievance. Written notice of the grievance must be submitted to the Local Association. If a satisfactory settlement is not received within five (5) working days from the meeting in Step above, then the grievance may be submitted to a Committee consisting of two (2) members of the Council and two (2) members of the Employer Bargaining Agency at any time within five (5) days thereafter, but not later. If a satisfactory settlement is not reached within five (5) working from either meeting above, then the grievance may be submitted arbitration as provided in this Agreement, any time within ten (10) days thereafter, but not later. Grievances dealing with alleged violations of 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 ninety days from the date the circumstances giving rise to the grievance occurred 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 may be 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 Act. 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) working 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. The Arbitration Board shall hear the subject of the grievance, including whether or not the matter is arbitrable, and shall issue a decision which is binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs. Each of the parties shall pay one-half (112) of the remuneration and expenses of the Chairman of the Board. The Board shall not have the power to alter or amend any of the provisions of this Agreement. It is understood that the Employer Bargaining Agency, on its own behalf, or on behalf of its member companies, file a grievance with the Union and that if such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a grievance and referred to arbitration in the same way as a grievance of any employee. Such grievances shall be processed in accordance with Article of the grievance procedure set out above. The Local Union and/or Council may file a grievance when an alleged violation occurs which is of common concern to all or a group of employees in the bargaining unit or when a dispute arises in the application, interpretation or administrationof this Agreement. Such grievance is subject to the same time as set out in Article and is to be processed in accordance with the provisions of Article The nature of the grievance, the remedy sought sought, and should specify the article or articles provisions of the Agreement which are alleged to have been violated violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter. During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance committee. Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution \ In determining a date for the meeting the parties will consider: the time needed for research, consultation and preparation for the and, the time needed, after the meeting, and before the expiry of the thirty (30)day period, to conduct follow- up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place during the middle ten (10) days of the thirty (30)day period. In resolving the dispute, the parties will hold the meeting, and any other meetings as may be set out agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. If the parties are unable to resolve the grievance, the Hospital will provide the Union with a written record response to the grievance by the end of the thirtieth day following the date of the filing of the grievance. In determining The Union will then have a period of fourteen (14) calendar days from the time which date of the Hospital’s response to determine if the response is allowed in acceptable, or will refer the various steps, Saturdays, Sundays and holidays shall be excluded and any time limited may be extended by mutual agreement in writing. A party proceeding matter to arbitration before If the Ontario Labour Relations Board under grievance is filed by the provisions Hospital, the Union will provide a response by the end of Section the thirtieth day following the date the grievance was filed. The Hospital will send written notice to the Employer Bargaining Agency and the Ontario Provincial District Council of its intent to proceed to final and binding arbitration.have fourteen

Appears in 1 contract

Samples: negotech.labour.gc.ca

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