Common use of ARTICLE GRIEVANCE PROCEDURE Clause in Contracts

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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ARTICLE GRIEVANCE PROCEDURE. The parties to For the purposes of this Agreement, a grievance is defined as a claim by an employee that the Collective Agreement are agreed that it is of has been violated. A grievance must be initiated by the utmost importance to adjust complaints and grievances aggrieved employee as quickly soon as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more but not later than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of after the incident giving rise to the complaint. The immediate Supervisor grievance occurred, and it shall answer be dealt with in the grievance following manner: A written formal grievance, stating the article allegedly violated shall be presented to the Manager who shall give his or her written decision to the within five (5) working work days. The presentation and processing of any grievance herein must strictly follow the grievance procedure and all steps thereof and within the applicable time limits set out, failing which the grievance shall specify be considered to be settled and at an end. If the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied Association fails to comply with the disposition applicable steps and time limits set out above, the shall be at liberty to proceed according to the required time limits to the next succeeding step of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt procedure. Any of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, said time limits specified in the Grievance Procedure this Article may be extended by mutual agreement in writing between the Company and parties to the Uniongrievance. An employee who allegation by the Association or the Union that the other party has been discharged violated or suspended misinterpreted this Agreement may file a written grievance at Step be lodged in writing with the other within five ten (510) working days of the discharge or suspensionoccurrence of the circumstances giving rise to the grievance. In taking disciplinary action the case of a union grievance, this grievance shall commence with the sending of the grievance to the Manager or his or her appointee, and in the case of an Association grievance, such grievance shall commence with the sending of the grievance to the Union. Failing satisfactory settlement of either of said grievances within twenty-four a further period of ten (2410) months working days, either of the parties may submit the grievance to arbitration. Time limits as set out in this article shall be working days, and shall not include Saturdays, Sundays and holidays. Decisions agreed to in writing between the Manager or his or her designate, the employee and the Union in the adjustment of an employee grievance shall be final and binding upon the Association, the Union and the employee or employees concerned. No matter may be submitted to arbitration under this Article unless settlement thereof has been attempted through all of the applicable steps of the grievance procedure provided in Article hereof. If no settlement is reached under Article above, or where there is an unresolved question as to whether or not a matter is arbitrable, either of the parties may notify the other party in writing within ten (10) work days of its intention to submit the grievance or question to arbitration. Within ten (10) workdays from the date time of the notice of either party of its intention to submit the grievance or question to arbitration, the parties shall select an Arbitrator from a list of mutually agreed to Arbitrators. Should the parties fail to agree upon an Arbitrator, then the party initiating the grievance shall request the Federal Minister of Labour to appoint one. Should the Arbitrator selected not be able to hear the arbitration case within (30) days from the time he was notified, then the parties shall meet to select another person. It is agreed that these time limits may be extended by mutual agreement of the parties. The decision of the arbitrator shall be binding on both parties. The arbitrator shall have no authority or discretion to alter, amend, modify, add to or delete any provisions of this agreement, but may decide differences arising out of the interpretation, application, administration or the alleged violation of the agreement. However, in cases involving discipline, the Arbitrator will have the right to modify the discipline imposed. In any case where the Arbitrator finds that the Association has violated any of the provisions of the Agreement and such violation has resulted in a loss of earnings, the Arbitrator shall have the right and authority to order the Association to pay such lost earnings to the employee or employees involved either in full or in part as the Arbitrator may deem just in the circumstances and reinstate the employee to his or her job without loss of seniority. The expenses of the Arbitrator shall be paid equally by the Union and the Association. If it is necessary for the presentation of a suspension or dismissal (reinstatement) grievance for a similar infractionan employee to be absent during working hours from his work, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months he must first obtain permission from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beManager; such permission shall not be denied arbitrarily.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is agreed that it is the employees covered hereby and/or their accredited representatives and Employer, all have the right to present grievances one to the other. Grievances under this Article refer to and mean any differences, disputes, or complaints arising over the interpretation, application, or meaning of the utmost importance provisions of this Agreement: In such instances an xxxxxxx effort will be made to adjust complaints and grievances as quickly as possiblesettle all matters promptly in the manner hereinafter outlined. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated The employee or occurred, or should have come to the attention of the employee employees concerned, more than five (5) working days prior with or without a Shop Xxxxxxx in attendance, may first seek to its original presentation settle the difference in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, discussion with the assistance of his xxxxxxx, refer Department Manager. If the on an informal basis to his immediate Supervisordifference is not resolved satisfactorily in Step it will be considered a grievance. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise is submitted to the complaint. The immediate Supervisor shall answer the grievance Store Manager or his designate, he must render a decision within five (5) working days. The grievance shall specify Shop Stewards or Business Agents may be present in either Step or Step at the Article or Articles and subsections request of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the affected employee. STEP Should In the employee be dissatisfied with event that the disposition reply in Step is unsatisfactory to the griever, the griever may then submit the grievance to the Industrial Relations Department of the grievance at Step the grievance may be referred to the Plant Manager Employer providing this is done within five (5) working days after receipt of the immediate Supervisor's reply at Step answer of the Store Manager or designate in the second step. The Plant Manager grievance shall convene a meeting with be discussed by the Union Business Representative, or designated official and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meetingIndustrial Relations Manager, or designated representative. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss within fourteen (14) days then the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may shall be referred to arbitration Arbitration as hereinafter providedoutlined in Article below. The Union Grievances must be reduced to writing by the employee, or the Company Union, in order to be considered under Steps and In the event the employee or the Union feels that the suspension, reprimand or termination is not proper, the matter may initiate be presented as a grievance. Any grievance beginning at Step which is not presented within thirty (30) days after the occurrence of the Grievance Procedure. Such grievance shall be filed event which gave rise to the grievance, or within five (5fourteen 4) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union last day worked in the case of a Union grievance dismissal shall be forfeited and waived by aggrieved party. In the event that either the Employer or the Company Union on their behalf wish to process a grievance, such grievance shall be submitted by one party to the other, in writing, and shall be submitted within fourteen (14) days of the case of a Company act causing the grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute parties shall have fourteen (14) working days from the date submission to reconcile any and the regular Grievance Procedure shall not thereby be by-passed except where all differences. If no settlement is reached fourteen (14) working days then the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed referred to have been droppedArbitration. However, The time limits specified in the Grievance Procedure herein may be extended by mutual agreement between the Employer and the Union. All settlements shall be final and binding on all parties Nothing in the foregoing will preclude the Union from filing a grievance on behalf of an individual or group. If a satisfactory settlement cannot be reached, or if the party on whom the grievance has been served, fails to meet the other party within fourteen (14) days of receiving the written grievance, either party may, by written notice, served upon the other, require submission of a grievance to a Board of Arbitration, or to a single Arbitrator acceptable to both parties. The Board of Arbitration shall be composed of three (3) members and shall be established in the following manner: Within twenty (20) days [excluding Sundays and Holidays] following receipt of notice to arbitrate, the Employer and the Union each shall select a representative to serve on the Board of Arbitration. The representatives so selected shall within fifteen (15) days, (excluding Sundays and Holidays) meet and choose an additional person to act as Chairman of the Board of Arbitration. In the event that the representatives of the Union and the Employer fail to agree upon a Chairman within the fifteen (15) day period specified above, then either party may request the Minister, in writing, to appoint a Chairman. Within fifteen (1 5) days of the selection or appointment of the Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render its decision within fourteen (14) days following its first session. No person shall serve on the Board of Arbitration who is involved or directly interested in the dispute under consideration. Grievances submitted to the Board of Arbitration shall be in writing and shall clearly specify the nature of the issue. In reaching a decision, the Board of Arbitration shall not be vested with the power to vary, change, supplement, modify, alter, or amend this Agreement in any of its parts, but shall interpret this Agreement with respect to the issue. All expenses of the Chairman of the Board of Arbitration shall shared equally between the Company and the Union. An employee who It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. The decision and findings of the Board of Arbitration shall be final, binding and enforceable on all parties. The Employer agrees to participate in and contribute to the Canadian Commercial Workers' Industry Pension Plan. Effective January the Employer agrees to contribute to the Canadian Commercial Workers Industry Pension Plan per hour until December Effective December until January per hour; Effective January until January per hour; Effective January per hour. (*Payment has been discharged made retroactively) for all hours worked or suspended may file paid by the Employer to its employees in the bargaining unit including any overtime hours worked in a written grievance at Step within five week (5) working days to the maximum of the discharge basic workweek), vacation, general holidays, sick days (not including Weekly Indemnity, or suspensionother similar indemnifications), jury duty and any paid leave of absence required under the terms of the Collective Agreement. In taking disciplinary action Contributions are required for each hour overtime is worked and paid to the extent the cumulative hours worked and paid do not exceed the basic workweek. The maximum number of hours for which contributions are to be made in a week is the maximum number of hours of the basic workweek for a full-time employee. Effective January contributions paid with respect to part-time vacation pay shall be remitted on an annual basis within one (1) calendar month of part-time employees receiving their vacation pay. It is understood that contributions paid with respect to part-time vacation pay shall only be made on behalf of employees who are in the employ of the Company as of the date vacation pay is paid. Contributions paid with respect to part-time vacation pay shall be based on the percentage of vacation pay paid under the applicable Collective Agreement (e.g., etc.) of the hours worked in the previous year multiplied by the cents per hour contribution rate on the above effective date as indicated in (a) (e.g., an employee having worked or been paid for hours in the previous year and who was entitled to vacation pay would be entitled to receive an additional hours' credit into previous yearly total. The W administrator would credit said part- time employee with additional hours and receive x the applicable contribution rate from the Employer. Therefore, for the previous year the employee, in this example, would be credited with a total of hours. The above rates of contribution shall be in addition to any obligation which the Employer may have to the Pension Plan in respect to his "initial past service liability" to provide past service benefits. Contributions, along with a list of employees for whom they have been made, the amount of weekly contribution for each employee, and the number of hours worked or paid according to the above a] to shall be forwarded by the Employer within the twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.one

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust Authority and the Union that the complaints and grievances of employees shall be adjusted as quickly as possible, and it is understood that an employee has no griev- ance until he has first given to his immediate supervisor an opportunity to adjust his complaint. Unless agreed In discussing his com- the employee may be accompanied by his Xxxxxxx if he so wishes. Should the Authority require an employee to come to the Authority's office to be interviewed, the employee shall be notified of the subject or subjects to be discussed order that he may be accompaniedby a Shop Xxxxxxx, if he wishes. Dismissal or Suspension If an appeal is to be made in the case of dismissal or suspension, the appeal must be reduced to writing in triplicate on forms provided by the Union and approved by the Authority, signed by the employee involved and lodged with the Authority's President through the Union's representative three (3) working days of such dismissal or suspension. The President or his designee shall forthwith confer with the Business Agent or his representative. The Authority's President shall render a decision in writing not later than the third (3rd) day thereafter. In the event that the decision of the Authority's President or his designee is not acceptable, the Union may by notice in writing addressed to the Authority, within twenty (20) working days of the President's decision, request that the decision be taken to Arbitration. Within five (5) working days thereafter, both parties shall designate an Arbitrator. The TWO (2) Arbitrators so designated shall within FIVE (5) working days select a THIRD person who shall be the Company Chairman. If they are unable to upon a Chairman within the time limit, the Minister of of Ontario shall designate a Chairman. Whatever the decision of the Arbitration Board, it shall be and binding on both parties. Should any misunderstanding or controversy arise between the Authority and the Union as to the compliance of either party with any of its obligations hereunder, or should there be any grievance involving the terms of this Agreement by any employee or group of employees, or the Union, the same shall be handled in the following manner, provided how- ever, that no grievance shall be presentedconsidered, the alleged circumstances circum- stances of which originated or occurred, or should have come to the attention of the employee concerned, occurred more than five FIVE (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied accordance with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.procedure set out herein:

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purposes mentioned in this Agreement are agreed that it is article, the Chief Xxxxxxx or the Deputy Chief Xxxxxxx may perform the functions of the utmost importance to adjust complaints and grievances as quickly as possibleChief Xxxxxxx. Unless agreed to by both the Company and the Union, no The alleged grievance shall be presentedpresented to the appropriate immediate supervisor in writing on a form provided by the Union and acceptable to the University. Such form shall include: the nature of the grievance, the alleged circumstances of which originated remedy sought, and, the paragraph or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result paragraphs of this discussion, then it may be dealt with as follows: STEP Agreement alleged to have been violated. The employee shall be assisted in the presentation of the grievance by the Union Xxxxxxx of the employee's choice. Failing a written grievance with his immediate Supervisor settlement, the supervisor shall deliver the decision in writing to the employee and the Union within five (5) working days following the presentation of the incident giving rise grievance. Step If not settled at Step the written grievance may be submitted by the to the complaint. The immediate Supervisor shall answer the grievance Department Head or a nominee within five (5) working days. The grievance shall specify the Article or Articles and subsections days of the Agreement of which decision in Step The Department Head or a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied nominee shall meet with the disposition of Chief Xxxxxxx and/or the grievance at Step xxxxxxx, or with the grievance may be referred to the Plant Manager Grievance (as established in Article 20.02) within five (5) working days after receipt following the presentation of the immediate Supervisor's reply at Step grievance. The Plant Manager Department Head shall convene a meeting with deliver the and decision writing to the Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days following the presentation of such meetingthe grievance. STEP If no settlement is reached not then settled at Step the written grievance may be submitted by the and the Chief Xxxxxxx to the Assistant Vice-president, Human Resources or designate within five (5) days after the decision in Step The Assistant Vice-president, Human Resources, or designate, shall meet with the grievance committee, hereinafter constituted within fifteen (15) days following the presentation of the grievance. There may be present a representative of the Union if requested by either party and such others as the Assistant Vice-President, Human Resources, or designate, considers necessary. The Assistant Vice-president, Human Resources, or designate, shall render a decision in writing to the chairperson of the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of following the reply of the Plant Manager. The Union's National Representative will be in attendance at this above meeting. If the grievance Union Grievance Committee is not settled satisfied with the decision at Step it may, within five (5) working fifteen days it may of such decision, demand in writing that the matter be referred taken to arbitration as hereinafter provided. in accordance with the procedure set out hereunder The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be time limits mentioned in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where both the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any and complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure procedure may be extended by mutual agreement in writing between the Company Union and the Unionappropriate University official and must be confirmed in writing. An employee who Where no such agreement has been discharged made or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of where an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.agreed extension has expired:

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both Should any differences arise between the Company and the UnionUnion or between the Company and the employees, no grievance shall be presented, or between the alleged circumstances employees of which originated or occurredthe Company, or should have come any local trouble of any kind arise in the plant pertaining to matters involved in this Agreement, or incident to the attention employment relations, there shall be no strike, stoppage, slowdown, or suspension of work on the part of the Union or its members, or lockout on the part of the Company, on account of such dispute. An xxxxxxx effort shall be made to settle all such matters immediately in the following manner and order. The Union Shop Committee, as indicated in Article who shall be regular employees of the Company, shall handle all grievances and dealings with the management. Not more than two (2) members of the Shop Committee shall be present at any meeting with management. The following procedure shall be applicable progressively to the adjustment of disputes and grievances: The employee concernedand/or the Union Xxxxxxx shall discuss the concern with the immediate supervisor and if a satisfactory settlement is not reached a grievance may be entered starting at Step Any employee, the Union or the Company may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, shall be forfeited and waived by the aggrieved party. It is agreed that no more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as followscounted during each calendar week. Prior to filing a formal grievance, All grievances must be submitted in writing. The procedure for adjustment of grievances and disputes by an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot shall be settled as a result of this discussion, then it may be dealt with as follows: STEP By a discussion between the employee and, Union Xxxxxxx and/or the Union Representative, with the employee's immediate supervisor or his or her designated appointee. The employee immediate supervisor or his or her designated appointee shall a written grievance with his immediate Supervisor reply to the grievance, in writing to the Union, within five (5) working calendar days. If a satisfactory settlement has not been reached, the Union Representative or employee may proceed to Step STEP 2: The Union Representative or Representatives may take the matter up with the Company official designated by the Company to handle Labour Relation matters. If the matter is not taken up within ten (10) calendar days of the incident giving rise date the Union received the written reply to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in abandoned and further recourse to the Grievance Procedure may shall be extended by mutual agreement in writing between the Company and the Unionforfeited. An employee who has been discharged or suspended may file If a written grievance at Step satisfactory settlement cannot be reached, then upon request of either party, within five fourteen (514) working calendar days of receiving the discharge or suspension. In taking disciplinary action within twenty-four (24) months final, written decision, from the date of a suspension or dismissal (reinstatement) for a similar infractioneither party, but not thereafter, the Company matter may consider the employee's entire record preceding suspension or dismissal (reinstatement)then be referred to an Arbitrator, as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beselected in accordance with Article Arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is a mutual desire of the parties to this Agreement are agreed that it is of the utmost importance to adjust resolve complaints and grievances as quickly as possible. Unless agreed to by both Such complaints shall be acted upon in the Company following manner and sequence, however, nothing in this article precludes a nurse from discussing issues with their supervisor in an informal manner. STEP It is the Unionintent of the parties that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she or he has first given her or his Program Manager the opportunity of adjusting the complaint. Such complaint shall be presented, the alleged circumstances of which originated discussed with her or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Program Manager within five (5) working work days of after the incident circumstances giving rise to the complaintit have occurred. The immediate Supervisor If there is no settlement within five (5) work days, it shall answer the then be taken up as a written grievance within five (5) working work days. The If a nurse elects to have the assistance of a Union representative,the Program Manager can have the assistance of another member of management. STEP Within five (5 )work days following the decision at Step a written grievance shall specify be submitted to the Article Assistant CAO or Articles designate. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, the remedy sought and subsections the section or sections of the Agreement of which a violation are alleged to have been violated. A meeting will be held which may include the appropriate departmental management representatives, the Labour Relations Officer, grievance committee and/or within fifteen (15) work days from the date the grievance is alleged, indicate received in the relief sought and be signed by Human Resources Department. The Assistant CAO or designate will deliver the employee. STEP Should written decision to the employee be dissatisfied with the disposition chairperson of the grievance at Step the grievance may be referred committee with a copy to the Plant Manager Labour Relations Officer within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.five

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties pur se of this Article is to establish a pro- cedure the settlement of grievances. An employee who has a complaint relating to the inter retation, application, administration or of this Agreement are agreed that it is A shall dis- cuss complaint with immediate supervisor,. The em may have the assis- tance of should so re Such a shall be brought to attention of immediate supervisor within two working s of the utmost importance time when the incident rise to adjust complaints and grievances as quickly as possible. Unless agreed complaint became known or reasonably to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come become known to the attention em The immedi- ate supervisor shall state decision ver- bally within two days of receiving the employee concerned, more than five (5) working days prior complaint. Any request an to its original presentation in writing at Step A dis- cuss a complaint or grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee willimmediate supervisor, with the Committeeperson in attendance, if requested, shall be granted within a reasonable period of time. Should the em be dissatisfied with the supervisor’s of the complaint, may, wit! the assistance of his xxxxxxxCommitteeperson, refer such matters in a writ- ten form supplied by the on an informal basis Employer to his er immediate Supervisor. If the grievance cannot be settled as a result of this discussionsupervisor, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor who shall answer the grievance grievance, in writing, within five (5) three working days. The complaint shall constitute a formal grievance at Step and shall be filed no later than three working days from the date of the immediate supervisor’s reply to the com- plaint. The grievance shall specify contain a statement of the Article or Articles facts relied on, indicate the articles and subsections of the Agreement which are alleged to have been violated, where possible, indicate the name of which a violation is allegedthe employee who may be adverse- ly affected by the grievance, indicate the relief sought and must be signed by the employee. STEP m Should the employee e be dissatisfied with the disposition of the grievance at Step the grievance griev- ance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and department manag- er, who shall answer the grievance, in within two workin days. The grievance in writing be filed with the manager within five (5) two working days of such meetingthe t of the immedi- ate re to Step a meeting shall be the Committeeperson, Chairperson and the department manager, within the two day period. STEP If no settlement is reached at griev- ance may be referred to Step wit in five work- ing days of t of the re of the Union Grievance Committee department manager. The and representatives repre- sentatives of Management shall meet to discuss the grievance within five (5) working workin days of receipt of the reply referral. The Grievance shall consist of the Plant Managerand the area Committeeperson res for the grievance. The Union's National Representative will and/or the Local Union President may be in attendance at this meeting. If the grievance is not settled within five (5) working days settled, it may be referred to arbitration as hereinafter providedpro- vided. The Union or Employer will provide its the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed grievance, in writing, within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bemeeting.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company and the Union, no grievance Complaints or grievances properly arising under this Agreement shall be presentedadjusted and settled as follows: If an employee has any complaints or questions which he wishes to discuss with the Company, he shall take the alleged circumstances of which originated or occurredmatter up with his Department Head, or should have come to the attention of unless the employee concerned, feels uncomfortable dealing directly with the Department Head in which case he may discuss the matter with another member of management other than those designated in the grievance procedure and may be accompanied by his shop xxxxxxx if he requests such assistance. No complaint shall be considered where the circumstances giving rise to it occurred or originated more than five (5) full working days prior before taking it up with his Department Head, unless the employee feels uncomfortable dealing directly with the Department Head in which case he may discuss the matter with another member of management other than those designated in the grievance procedure. However, where an employee’s complaint is of such a nature that the employee could not have been aware of the alleged occurrence at the actual date of same, the complaint shall be deemed, for all purposes, to its original presentation have occurred on the first date on which the employee could reasonably have had such awareness. Any settlement reached at this stage of the grievance procedure shall not adversely affect any rights or benefits of any other bargaining unit and shall be on a without prejudice basis. If such complaint is not settled to the satisfaction of the employee concerned within twenty-four (24) hours, or within any longer period which may be mutually agreed at the time, then the following formal steps of the grievance procedure may be invoked in writing order. Failing settlement at Step A or failing receipt of a response within the time limits prescribed therein, any employee having a grievance or any one employee who is designated as a member of a group of employees having a grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a then take the grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, up with the assistance of his xxxxxxx, refer the on an informal basis to his immediate SupervisorLocal Union. If The Local Union shall reduce the grievance cannot be settled as a result to writing and present same to the Director of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Human Resources Services or designate within five (5) working days of after receiving the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance reply at Step or within five (5) working daysdays of the date on which the reply at Step should have been received. The grievance shall specify contain the Article names of all the employees who have the same grievance. The Director of Human Resources Services or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied designate shall deal with the disposition grievance and provide his answer to the Local Union in writing within two (2) days after he received the grievance. If the matter is not settled at Step or failing receipt of a response within the time limits prescribed therein the Local Union representative shall take up the grievance at Step with the grievance may be referred to the Plant Hotel’s General Manager or his designated representative within five (5) working days after receipt of the immediate Supervisor's reply at Local Union receives the answer from Step The Plant Manager shall convene a meeting with or the and Chief Xxxxxxx and shall date the answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at from Step the the Union Grievance Committee and representatives of Management shall meet was due to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingreceived. If the grievance is not settled within five a further period of forty-eight (548) working days hours after it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise has been presented to the complaint and be in General Manager or his designated representative, then at the form prescribed in Step Any such request of either party to this Agreement, the grievance may be referred to arbitration, but the referral to arbitration under must be made in writing within ten (10) days after the period of forty-eight (48) hours referred to above has expired. All time limits contained herein and in Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievanceand Article XI shall exclude Saturdays, Sundays and declared holidays. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within parties are agreed that the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure outlined herein may be extended by mutual agreement in writing between writing. If a grievance is not processed within the Company and time limits set forth above by the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days Company, it shall automatically proceed to the next step of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may begrievance procedure.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For the purpose of this Agreement, a grievance is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties relating to the interpretation, application, administration or alleged violation of this Agreement are agreed that it including any question as to whether a matter is arbitrable. The grievance shall identify the nature of the utmost importance grievance, the remedy sought, and should, where possible, specify the provisions of the Collective Agreement which are alleged to adjust have been violated. 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 a Union Xxxxxxx. At the time formal discipline is imposed, or at any stage in the grievance procedure, an employee shall have the right, upon request, to the presence of a Union xxxxxxx. It is the responsibility of the supervisor to inform her of that right and of the names and phone numbers of the Stewards. If she desires, the employee will call a Xxxxxxx of her choice, and request her presence during the grievance meeting. She will then notify the supervisor of her selection. The supervisor will schedule a meeting at a mutually appropriate time. Following the suspension or discharge of an employee, the Employer will notify the Union in writing, within five days of the decision. Senior Care agrees to reimburse a Xxxxxxx in attendance at a grievance meeting at her regular hourly wages for the time spent at the meeting. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company possible and the Union, it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. If an employee has a complaint, such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, discussed with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor her supervisor within five (5) working calendar days of after the incident circumstances giving rise to the complaintcomplaint have originated or occurred. The If the immediate Supervisor shall answer supervisor is unable to adjust a complaint to their mutual satisfaction within five calendar days, the employee may proceed with the grievance procedure within five (5) working days. The grievance shall specify calendar days following the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt decision of the immediate Supervisor's reply at Step The Plant Manager shall convene supervisor. Any employee is entitled, upon request, to have a Union Xxxxxxx present with her when meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet immediate supervisor to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred attempt to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beadjust her complaint.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance Grievances properly arising under this Agreement shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five adjusted and settled as follows: Within ten (5IO) working days prior after the circumstancesgiving rise to its original presentation in writing at Step A grievance occurred or originated,theaggrieved employeewith his business representativemay present his grievance, which shall consist of a dispute concerning interpretation and/or application of any Articlebe reduced to writing, Schedule or Clause in this Agreementto the Employer. Should a grievance arise it shall no settlement satisfactory to the employee be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor reached within five (5) full working days, and if this grievance is one which concerns the interpretationor alleged violation of the Agreement, the grievance may be submitted to arbitration as provided in Article below any within ten (10) working days thereafter but not later. Grievances dealing with alleged violations of payment for hours of work, rates ofpay, overtime, premiums (shift and compressed air), travellingexpenses, room and board allowances, reporting allowances, but not including grievances arising out of classification assignment, may be brought forward at Step No. within two (2) months after the incident circumstancesgiving rise to the grievanceoccurred or originated. Grievances dealing with payment of Pension contributions,Welfarecontributions,industry Fund contributionsand dues, may be brought forward at Step No. within ninety (90) days after the circumstances giving rise to the complaintgrievancebecame know or ought reasonably to have become to the Union. is furtherunderstood that the adjustmentof any such grievancemay be retroactiveto the first day ofalleged violation within the two (2) month period. The immediate Supervisor shall answer written grievanceshall contain a statementofthe nature the grievance within five (5) working days. The grievance shall specify remedy sought and the Article section or Articles and subsections sections of the Agreement of which are alleged to have been violated and may not be subject to change at a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter providedlater date. The Union or shall provide the Company may initiate Association with a copy of any grievance beginning at Step of the Grievance Procedurefiled against an individual Employer. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which timewhich is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the allowed, Sundaysand StatutoryHolidaysshall however, any time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure limit may be extended by mutual agreement in writing between writing. In the Company event the Union does not pursue a grievance in a reasonable manner or time, such grievance shall be deemed abandoned. It is understood and agreed that the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days , including the Union's Collection Control Office, shall provide the following to the Masonry Contractors' Association of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.Toronto Inc.;

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of the utmost importance Agreement to adjust complaints and grievances as quickly as possible. Unless agreed to by both possible grievances arising the Company and the Unionapplication, no grievance shall be presentedadministration, the alleged circumstances of which originated or occurredinterpretation, or should have come to alleged violation of this Agreement. In the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist event of a dispute concerning between any member or members of the Bargaining Unit and the Company in reference to the application, administration, interpretation and/or application or alleged violation of any Article, Schedule or Clause in this Agreement. Should a grievance arise it , the following shall be handled as followsthe procedure for the adjustment and settlementthereof. Prior Within ten (10) days following the of knowledge by the employee of events upon which the Grievance is founded or which gave rise to filing a formal grievancethe Grievance, an the employee willmake take the matter up with their Department Head or designee, with by the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP Grievance in writing The employee shall be accompanied or represented by a written grievance with his immediate Supervisor member of the Grievance Committee. The Department Head or designee shall reply in writing within five ten (510) working days of the incident giving rise presentation of the grievance. a settlement of the grievance, or a reply in writing, the employee may proceed to the complaint. The immediate Supervisor shall answer the grievance within Step Within five (5) working daysdays the expiration of the second ten (10) day period referred to in Step the employee, accompanied by the Grievance Committee, comprising up to three employees and a representative of the Regional Office of the Union, if so desired, may take the matter up with the General Manager or designee. The written grievance and reply, if any, completed in Step must be presented. The General Manager or designee shall specify reply in writing seven (7) days the Article or Articles and subsections presentation of the grievanceunder Step Unresolved Grievances shall then be to the General Manager or designee, and the Union Office and Local President for further discussion and consideration. Should the grievance remain unresolved, the dispute may, by notice of either party to the other party, be submitted to binding and arbitration. Notwithstanding Article any grievance the discharge of an employee may be submitted directly to the Station Manager or designee at Step within ten (10) calendar days of the discharge. If either of the parties considers that this Agreement is being misunderstood, misinterpreted or violated in any respect by the other, the matter may be submitted as a written grievance and discussed between of the Company and the Union Committee who may be accompanied by a Union representative. If not satisfactorily within ten (10) days of the above either party may refer the matter to arbitration. If either party, following the exercise of the grievance procedure, to refer a matter arbitration provided in Article here of, it shall,within (30) days of the completion of the last meeting contemplated in Step hereof, give to the other party to this Agreement written notice of its intention to arbitrate, at the same time one of the following list of arbitrators being not acceptable: Xxxxxxxx Xxxx Xxxxx Xxxxxxxx Judge Xxxxx The party receiving the said notice of intention to arbitrate shall, within two (2) days, by way of telephone receipt of the said notice, and at the same time, specifyone of the remaining list of arbitrators being not acceptable; thereafter, the party submitting the matter to arbitration shall reciprocate by striking one of the remaining arbitrators the list and the parties shall continue to alternate striking names the list such time a single name remains on the list and that person shall be deemed thereby to have been appointed the arbitrator to hear the matter in dispute by mutual agreement of the parties, and shall be forthwith as provided for in the letter in to this Agreement. In the event that the arbitrator so appointed should prove unable to hear the case, the selectionprocess shall be repeated the beginning. The hearing must commence within six (6) weeks (or mutually agreed by both parties) the date of acceptance by the arbitrator to the hearing of the grievance. Should no arbitrator the panel be available, and failing agreement in selecting an alternate arbitrator, either party may request the Ministerof Labour to appoint an arbitrator. decision of the arbitrator shall be final and binding upon the parties and upon any employee by it. The parties willjointly bear the expenses of arbitrator in equal portions. At any stage of the Procedure, including arbitration, all reasonable arrangements will be made to permit the parties to have the assistance of the employees concerned and any necessary witnesses, to have to the plant, and to view disputed operations, provided that such arrangements do not cause unnecessary cost to the Company or interfere with Company operations. is by the arbitrator that any employee has been suspended or discharged, or otherwise disciplined for proper cause, the board may change or amend such and give an award that seems and reasonable in all circumstances. If it is by the arbitrator that any employee has been suspended, discharged, or disciplined without proper cause, the board may make any decision which a violation is alleged, indicate the relief sought just and be signed by equitable and is just and equitable and which may or may not include full of the employee. STEP Should The arbitrator shall have the employee jurisdiction and authority to interpret and apply the ofthis Agreement insofar shall be dissatisfied with necessary to the disposition of the grievance at Step the grievance may be referred or dispute, but shall not have any jurisdiction or authorityto alter in any way or to the Plant Manager within five (5) working days after receipt add to or to subtract or modify any of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the of this Agreement. Any and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, all time limits specified in the Grievance Procedure fixed by this Article may be extended or shortened by mutual agreement in writing between the Company and the Union. An employee No persons may be appointed an arbitrator who has been discharged involved in an attempt to negotiate or suspended may file a written grievance at Step within five (5) working days of settle the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may begrievance.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it recognize the Stewards and the Representatives specified in Article as the agents through which employees shall process their grievances and receive settlement thereof. Neither the Employer nor the Union shall be required to consider or process any grievance which arose out of any action or condition more than ten (10) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the utmost importance action or condition has ceased. The limitation period shall not apply to adjust complaints and grievances as quickly as possible. Unless agreed to by both differences arising between the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come parties hereto relating to the attention interpretation, application or administration of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should A "Policy Grievance" is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A Policy Grievance may be submitted by either party to arbitration under Article by-passing Step and Step Such Policy Grievance shall be signed by a Xxxxxxx or a Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative. A "Group Grievance" is defined as a single grievance, signed by a Xxxxxxx or a Representative on behalf of a group of employees who have the same complaint. Such grievance must be dealt with at successive stages of the Grievance Procedure commencing with Step The shall be listed on the grievance form. Step Any employee having a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with accompanied by a Xxxxxxx or a Representative, submit the assistance of his xxxxxxx, refer the on an informal basis same to his immediate Supervisorsupervisor within ten (10) workdays of the act or condition causing the grievance. This is a mandatory time limit. This supervisor will deal with the grievance not later than the fifth (5th) workday following the day upon which the grievance is submitted and will the and the Union Representative of his decision in writing. Step If the grievance canis not be settled as under Step a result of this discussionUnion Representative may, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days workdays of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance decision under Step or within five (5) working daysworkdays of the day this decision should have been made, submit a written grievance to the Employer. The grievance parties shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of meet to discuss the grievance at Step within one (1) week after the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step has been filed. The Plant Manager Employer shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance Union Representative of his decision in writing within five (5) working days of such workdays following said meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet Due to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within distances, the time specified limits beyond Step shall be deemed remain flexible in order to have been dropped. However, time limits specified in deal fairly with the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beGrievance.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it agreement recognize the stewards and the CAW representatives as the agents through which employees shall process their grievances. It is also the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possiblepossible and it is understood that an employee has no grievance until she has first given the Home's management an opportunity to adjust her complaint. Unless agreed stated otherwise, any reference to by both the Company and the Union, no grievance a number of days in this agreement shall be presenteda reference to calendar days, including week-ends. No grievance may be filed where the alleged circumstances of which originated or occurred, or should have come giving rise to the attention of the employee concerned, such grievance occurred more than five seven (57) working days prior to its original presentation in writing at Step A grievance shall consist the filing of such grievance. When the conduct or performance of an employee calls for a dispute concerning interpretation and/or application of any Articlewarning by the employer, Schedule or Clause in this Agreement. Should a grievance arise it the warning shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as written one and a result copy of this discussion, then it may warning shall be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise forwarded immediately to the complaintxxxxxxx and the union. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the A discharge grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning filed at Step of the Grievance Procedure. Such grievance shall be filed Procedure within five (5) working days one week of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievancedischarge. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure parties shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing then confer at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within one (1) week of the time specified shall be deemed filing of the grievance to have been droppeddiscuss the matter. However, the parties may agree to waive these time limits specified in the Grievance Procedure may limits. All written notations of discipline shall be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may removed from an employee’s file a written grievance at Step within five twelve (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (2412) months from the date of receipt of the discipline. The only exception would be discipline for resident abuse which was not reversed by the grievance procedure. Group Grievance is defined as a suspension or dismissal (reinstatement) for single grievance, signed by a similar infractionxxxxxxx and a CAW representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure commencing with Step The shall be listed on the grievance form. Should such a grievance be referred to arbitration, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), matter shall be adjusted as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beGroup Grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties purpose of this Article is to this Agreement are agreed that it is establish a procedure for the settlement of the utmost importance to adjust complaints and grievances as quickly as possiblegrievances. Unless agreed to by both the Company and the Union, no A grievance shall be presented, defined as any dispute or difference arising out of the alleged circumstances violation, application, administrationor interpretation of which originated the provisions of the Agreement. All grievance correspondence from the employer shall be sent to the local President. An employee who has a complaint relating to the interpretation, application, administration or occurred, or should have come alleged violation of this Agreement shall discuss the grievance providing specific details of the alleged contravened with the employee's immediate supervisor. Such employee shall be accompanied by the employee's area xxxxxxx unless the employee specifically directs the area xxxxxxx otherwise. Such a complaint shall be brought to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer complaint except in the grievance case of a complaint involving computation of pay, in which case the complaint must be filed in writing within five (5) working daysdays after the receipt of pay. The immediate supervisor shall render the decision verbally within five (5) working days of receiving the complaint. The immediate supervisor shall mean the immediate supervisor outside the bargaining unit. Should the employee be dissatisfied with the immediate supervisor's disposition of the complaint. The area xxxxxxx may refer such matter on a written grievance form supplied by within five (5) working days of receipt of the immediate supervisor's reply to the complaint. The complaint shall now constitute a formal grievance at Step I. The Manager of Plant Services answer the grievance in writing within five (5) working days of receipt of the grievance at Step I. The grievance shall specify the Article or Articles Article, clause and subsections of the Agreement of which a violation is alleged, contain a precise statement of the facts relied upon, indicate the relief sought sought, and be signed by the employee. STEP Should the employee grievance rely solely on Article of the Collective Agreement as the article violated the grievance shall be considered a step two grievance and be forwarded to the Administrator of Employee Relations. Should the Union be dissatisfied with the disposition of the grievance at Step I,the grievance may be referred to the Plant Manager Administrator of Employee Relations within five (5) working days after of receipt of the immediate Supervisor's Manager of Plant Services' reply at to Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and Administrator of Employee Relations shall answer the grievance in writing within five (5) working days of such meetingreceipt of the grievance at Step II. STEP III If no settlement is reached at Step II,the Grievance Committee of the Union Grievance Committee and representatives will meet with the Director of Management shall meet to discuss Education of the grievance Board within five (5) working days of receipt of the reply of the Plant ManagerAdministrator of Employee Relations to discuss the grievance. The Union's A National Union Representative will may be in attendance at this meeting. If the grievance is not settled within five (5) working days days, it may be referred to arbitration as hereinafter provided. Prior to the grievance being arbitrated the union reserves the right to review the matter with trustees. By agreement of the parties, grievance mediation will also be considered. The Union or the Company employer may initiate a grievance beginning at Step III of the Grievance Procedure. Such grievance shall be filed within five ten (510) working days of the incident giving rise to the complaint and be in the form format prescribed in Step I. Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievancearbitration. The Union may not institute initiate a grievance directly affecting at the second step, on behalf of the bargaining unit, notwithstanding the provisions of clause except that this clause will not allow the Union the right to file a grievance on behalf of an individual employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by of employees, other than a group of employees commencing at Step one specific location. Employees who are covered by this Agreement shall be required to follow the procedures laid down in Article and any employee who appeals directly to any Trustee, Senior Officer of the employer shall thereby forfeit all rights under this article. Any complaint or grievance which is not commenced or processed through to the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company employer and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances grievance as quickly as possible. Unless agreed Accordingly, where the circumstances giving rise to by both the Company and the Union, no a grievance shall be presented, the alleged circumstances of which occurred or originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior before the filing of the grievance, shall not be arbitrable unless there exits a compelling reason to its original presentation in writing at Step A grievance shall consist arbitrate. If a time limits dispute exits a tribunal consisting of: one bargaining unit employee (from an area unaffected by the grievance), one supervisor and one member of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it the clerical staff shall be handled as followspresented the facts concerning the time limits violation by both parties to the dispute. Prior The tribunal shall make a recommendation to filing a formal grievancethe General Manager or his designate and the Union Executive on the merits of the dispute, The recommendations are not binding on either party. It generally understood that an employee willhas no complaint or grievance until he, with either directly or through the assistance of his xxxxxxxXxxxxxx, refer the on an informal basis to has first given his immediate Supervisorsupervisor an opportunity to adjust the complaint. If the reply of the supervisor is not satisfactory to the employee concerned, the complaint must be stated in writing within three (3) working days following the reply of the supervisor, to the Production Manager. If the reply of the Production Manager not satisfactory to the employee concerned, the grievance cannot shall be settled as a result submitted, within three (3) working days following the reply of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with the Production Manager to the General Manager or his immediate Supervisor within designate. Within five (5) working days following receipt of a written grievance the incident giving rise General Manager and/or such other persons as may be designated by the Company, will meet with the Union Committee to discuss the complaintgrievance. The immediate Supervisor shall answer the grievance General Manager, or his designate will give his reply in writing within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt the meeting has been held. At this stage, a full-time officer of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meetingUnion may be present, if his presence is requested by either party. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant ManagerGeneral Manager not satisfactory, the dispute will be heard by the tribunal outlined in Article The tribunal will make a recommendation to both parties on a possible resolution. The Union's National Representative will be in attendance at this meetingrecommendation not binding. If the grievance issue is not settled resolved in a satisfactory manner, either party may, within five ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or following the Company may initiate a grievance beginning at Step date of the Grievance ProcedureGeneral final reply, refer the grievance to arbitration. Such grievance shall be filed within five (5) working days Any of the incident giving rise to time allowances provided for the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beagreement.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed Employer agrees that it is of the utmost importance to adjust complaints and grievances shall be adjusted as quickly as possible. Unless agreed Any employee shall have the right to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxxa Union Representative (or Stewards) if he or she so desires. Any grievance or dispute relating to the interpretation, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result application or alleged violation of this discussionAgreement or the terms or conditions of employment as set forth herein, then it may shall be dealt with as followsin the following manner: STEP The Any employee or employees having a grievance or complaint shall a written grievance first discuss it with his immediate Supervisor or her supervisor within five (5) working days of the incident giving rise to the complaintafter such grievance or complaint has arisen. The immediate Supervisor shall give an answer within forty-eight (48) hours from presentation of such grievance or complaint. STEP Failing settlement after Step I,the grievance employee or the Chief Xxxxxxx shall, within five (5) working days. The grievance shall specify days after the Article or Articles and subsections receipt of the Agreement answer at Step I,present the grievance in writing to the Department Head who shall render a decision in writing within three (3) days after presentation of which a violation is alleged, indicate the relief sought and be signed by the employeegrievance. STEP Should the employee be dissatisfied with the disposition of the grievance at Failing settlement under Step the grievance may be referred to the Plant Manager matter shall, within five (5) working days after receipt the decision of Step be presented to the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with Hospital Administrator to be taken up between the and the Chief Xxxxxxx and shall answer the grievance Hospital Administrator within three (3) days of the presentation of such grievance. At this meeting the Union Business Manager or his nominee may be present if required by either Party. A decision must be rendered by the Hospital Administrator within three (3) days from such meeting. STEP Failing settlement under Step of any difference between the Parties concerning the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be referred to Arbitration as provided in writing Article If Arbitration is to be invoked, a written request for Arbitration must be given to the Hospital Administrator within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss after the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.dealt with in Step

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement are agreed that it is a grievance of the utmost importance to adjust complaints and grievances an employee be resolved as quickly promptly as possible. Unless agreed to by both The grievance form must specify the Company nature of the grievance, the remedy sought and the Union, specific provisions of the Collective Agreement alleged to have been violated. It is understood that an employee has no grievance shall until has first discussed the issue with immediate Supervisor and given the Supervisoran opportunity to resolve the issue. If no settlement can be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should reached then a grievance arise it shall arising under the employee's responsibility to arrange for the Xxxxxxx to be handled as followspresent. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, Failing settlement then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of following the incident giving rise decision under Step the employee must submit the written grievance to the complaintDirector. The immediate Supervisor shall answer Director will meet with the grievance and review the grievance. A decision in writing will be rendered within five (5) working daysdays from the date on which the grievance meeting was convened. Failing settlement, then; Within five (5) working days following the decision under Step the employee must submit the written grievance to the Executive Director or designate. The Executive Director or designate will meet with the and review the grievance. A representative of the Union may attend this meeting if requestedto do so by either party. A decision in writing will be renderedwithin five (5) working days from the date on which the grievance meeting was convened. In the event the decision of the Executive Director is not satisfactory to the Union, the Union may refer the matter to Arbitration in accordance with the provisions of this Agreement. If no written request for Arbitration is received within ten (10) working days from the date of the decision under this Step, then the grievance shall specify the Article or Articles and subsections of the Agreement of which be deemed to be settled. If it is necessary for a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the Union Xxxxxxx to assist an employee be dissatisfied with the disposition presentation of a grievance, shall not leave work without first obtaining the permission of Supervisor. It is agreed that a grievance at arising directly between the Employer and the Union (a policy grievance) or a grievance claiming the unjust discharge of an employee who has completed probationary period must be originated under Step the grievance may be referred to the Plant Manager above within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident circumstances giving rise to the complaint grievance occurred or originated and be in the form prescribed in time limit set out with respect to Step Any such shall apply. However, it is understood that a policy grievance may not be referred used with respect to arbitration under Article by either the Union in the case of a Union grievance complaint or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and that the regular Grievance Procedure grievance procedure shall not thereby be by-passed except where passed. Probationary employees may not access the grievance would affect procedure if discharged during probationary period. All agreements reached under the Bargaining Unit as a wholegrievance procedure between the representativesof the Employer and the representativesof the Union, shall be final and binding upon the Employer, the Union and the employees. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint Notwithstanding the foregoing, the parties may agree to waive or grievance which is not commenced or processed through the next stage extend any of the Grievance time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the right, if so requests to the presence of the Union Xxxxxxx when such discipline is assessed. It is the responsibility of the employee to arrange for the Xxxxxxx to be present if so desires. Either party with the agreement of the other party may submit a grievance to grievance Mediationat any time after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred the mediation process shall take place before the matter is referred to Arbitration. Failing settlement under the foregoing grievance procedure of any grievance between the parties arising from the interpretation, application, or alleged violation of this Agreement, including any question as to whether the grievance is arbitrable, the grievance may be submitted to Arbitration Procedure as set forth below. If no written request for Arbitration is received within ten (10) working days from the time specified date of the decision under Step above, the grievance shall be deemed to have been droppedsettled. When either party requests that a grievance be submitted to Arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party and at the same time nominate a member to the Board of Arbitration. Within ten working days thereafter, the other party shall nominate a member to the Board of Arbitration and notify the other party. The two (2) nominees so appointed shall confer immediately and shall attempt to select by agreement a Chairman for the Board of Arbitration within ten (10) working days from the date such other party has nominated its nominee. If they are unable to agree upon a Chairman, they shall then request the Minister of Labour for the Province of Ontario to appoint a Chairman. No person may be appointed as a nominee who has been involved in any attempt to negotiate or settle the grievance. The Arbitration Board shall not have the jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistentwith the provisions of this Agreement. No matter shall be dealt with at Arbitration that has not been properly carried through all the previous steps of the grievance procedure. The written decision of the majority of the Board of Arbitration shall be final and binding upon the Employer, the Union and the employees. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the Chairman of the Arbitration Board. The parties may agree to extend or waive any of the time limits prescribed in this Article. However, time limits specified any such agreement shall be expressed in writing and acknowledged by the Grievance Procedure parties. The Employer and the Union may be extended by mutual written agreement in writing between respect to any specific grievance substitute a named umpire for the Company Board of Arbitration provided for herein and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of Umpire shall possess the discharge or suspension. In taking disciplinary action within twenty-four (24) months from same powers and be subject to the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), same limits as the case may be. In taking disciplinary action within twelve 2) months from the date Board of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beArbitration.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to In the event of a complaint by an employee who is covered by this Agreement are agreed that it the employee has been dealt with contrary to its terms or that the employee has been unjustly disciplined, the employee shall not have a grievance unless and until the employee has first discussed the matter with his immediate supervisor, namely, the Operations Superintendent or the Plaza Superintendent. An employee who is subject to disciplinary action may, at his option, have a Xxxxxxx present at any discussion with his immediate supervisor. If matter is not settled by such discussion, the employee may take the matter up as a grievance under this Article. All grievances shall be in writing except in STEP and shall contain a concise statement of the utmost importance facts complained of and shall state the Article of this Agreement which the Commission is alleged to adjust complaints and grievances as quickly as possiblehave violated. Unless agreed to by both the Company and the Union, no A grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention filed at STEP of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance canGrievance Procedure within and not be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within after five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days date of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified ; otherwise it shall be deemed to have been droppedwithdrawn. HoweverThe following procedure shall be adhered to in processing grievances: STEP The aggrieved employee shall present his verbal grievance to the Operations Superintendent or Plaza Superintendent in charge of his shift, time limits specified in and at such time, the Grievance Procedure employee may be extended accompanied by mutual agreement in writing between the Company appropriate Xxxxxxx. The Operations Superintendent or Plaza Superintendent shall deal with the grievance directly, and the Union. An employee who has been discharged or suspended may file a written grievance at Step give his verbal response within five three (53) working days of thereafter, STEP 2: Should the discharge grievance not be settled at STEP the grievance may then be presented forthwith to the appropriate Operations Superintendent, or suspensionFacilities and Operations Manager who shall respond to the grievance within three (3) working days thereafter. In taking disciplinary action within twenty-four (24) months from The response shall be in writing and delivered to the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider Xxxxxxx in the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be’s department.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Union shall appoint a Grievance Committee of three (3) whose names shall be communicated to the City. In the event that differences arise between the City and or any of its members employed by the C i t y as to the meaning and application of the provisions of this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Unionor should any other dispute arise, no grievance there shall be presented, the alleged circumstances no suspension or slowing down of which originated or occurred, or should have come to the attention work account of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it such differences: but an honest effort shall be handled as follows. Prior made to filing a formal grievance, an employee will, with settle the assistance of his xxxxxxx, refer same in the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as followsfollowing manner: STEP The employee shall a written grievance with his immediate Supervisor All grievances within five (5) ten working days of the incident giving rise written notification to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is allegedemployee shall, indicate the relief sought and stance, be signed by referred to the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at 's supervisor Step Failing settlement, the grievance may be referred taken up by the employee concerned or by the Grievance Committee with the Superintendent in charge. Asterisk indicates change in from previous Ste p Failing settlement, the matter may be taken up by the Grievance Committee. A written explanation of the incident being grieved is to be filed w i t h a Management Committee consisting of the City Administrator and the respective Department Head, The shall make its decisions known to the Plant Manager Grievance Committee within five forty - eight (548) working hours of the t i m e of submission of the grievance. Ste p If the employee concerned or the Union is not satisfied with the decision of the Management Committee, the Union may submit the matter to an Arbitration Board which shall be selected as follows: Within twenty (20) days after receipt the decision of the immediate Supervisor's reply at Step The Plant Manager Management Committee, the Union may notify the City i n writing of its intention to submit the matter an Arbitration Board, naming one person to serve on this Within one week after receiving such notice from the Union, the City shall convene notify the Union in writing naming a meeting person to serve on the Arbitration Board. Within one week of the giving of notice last referred to, the two persons named to serve on the Arbitration Board shall select a third person to act as Chairman with the and Chief Xxxxxxx Board and shall answer so notify the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the City and the Union Grievance Committee and representatives in writing, If the two persons named cannot agree on a person to act as Chairman, either of Management shall meet to discuss the grievance within five (5) working days of receipt them or one of the reply parties may ask the Minister of the Plant ManagerLabour for Nova Scotia to appoint a Chairman. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five Within twenty-one (521) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise appoint- ment of a Chairman, the Arbitration Board shall render a decision after having heard argument and evidence from the parties to this Agreement, The parties may agree in advance to a single arbitrator. The Arbitration Board shall have the complaint and be power to decrease, increase or otherwise modify penalties in disciplinary or dismissal actions. Decisions of the form prescribed in Step Any such grievance may be referred to arbitration under Article by either Arbitration Board upon both the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a wholeCity. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. Howeverfinal and Any expenses of, time limits specified in or incurred by, the Grievance Procedure may Arbitration Board shall be extended shared equally by mutual agreement in writing between the Company C i t y and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company Employer and the UnionUnion agree that discussions should occur between employees, no Union representatives and Employer representativeswhen problems or differences arise in an attempt to resolve problems or differences. This grievance shall be presentedprocedure is not intended to preclude any discussion between employees, Union representativesand Employer representativeswhere discussions, relating to problems or differences occur, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be time limits in the form prescribed in Complaint Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may will be extended by mutual agreement in writing by the appropriate number of days. If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Company Employer and or the Union, or between the and the UnionEmployer, it shall be processed according to the following grievance procedure. An employee who has been discharged Nothing in this provision deprives of any rights or suspended may file a written remedies to which they are entitled in any legislation including the transfer legislation. Grievances involving the interpretation, application, operation or any alleged violation of the agreement must have the approval and support of the bargaining agent. The time limits set out in the grievance at Step within five (5) procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be excluded. In the case of employees working in operations where the days of rest are other than Saturdays and Sundays, then their days of rest shall be excluded. If the discharge time limits set out in Complaint Step, Step or suspension. In taking disciplinary action within twenty-four (24) months from Step of the date of grievance procedure are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits If the Employer fails to meet a suspension or dismissal (reinstatement) for a similar infractiontime limit, the Company Union, at its option, may consider either advance the employeegrievance to the next step or await the Employer's entire record preceding suspension response, in which case no time limit shall apply against the Union until it has received the Employer's response. shall have the right to be represented at any step of the grievance procedure. The and the union representative shall be given reasonable leave with pay to attend meetings pertaining to the grievance. The and the union representative shall be given leave with pay for meetings with the employer. At either Complaint Step or dismissal (reinstatement), as Step the case Employer representative may bebe assisted by a designated employer representative. In taking The Union shall be given full opportunity to present evidence and make representations throughout the grievance procedure The shall be advised of their right to have a union representative present at any disciplinary action within twelve 2) months from the date meeting or at any meeting held with bargaining unit to investigate alleged misconduct of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.the

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is For purposes of the utmost importance Collective Agreement, a grievance is defined as a difference arising between the parties relating to adjust 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 and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company and the Union, It is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint, he shall discuss it with his immediate supervisor within five (5) days after the circumstances giving rise to the complaint have occurred or ought to have reasonablycome to the attention of the employee. The supervisor shall give his response to the complaint within five (5) days and, failing settlement, it may be presentedthen taken up as a grievance within five (5) days after being advised of the immediatesupervisor's decision in the following manner and sequence: If the employee wishes, he may go directly to step of the alleged grievance procedure without following the process outlined above. If an employee decides to go directly to step Ihe must file his grievance under step within five (5) days after the circumstances of which originated giving rise to the grievance have occurred or occurred, or should ought to have reasonably come to the attention of the employee concernedemployee. The employee, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the who may requestthe assistance of his xxxxxxx, refer the on an informal basis may present his grievance to his immediate Supervisorsupervisor. If The grievance shall be in writing on a grievance form approved by the Company and the Union.The grievance cannot shall be settled as a result signed by the employee and shall include the nature of this discussionthe grievance, then it may be dealt with as follows: STEP The employee the remedysought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediatesupervisor shall a written grievance with deliver his immediate Supervisor decision inwriting within five (5) working days following the presentation of the incident giving rise grievance to the complainthim. The immediate Supervisor shall answer the grievance within Failing Settlement: Within five (5) working days. The grievance shall specify days after the Article or Articles and subsections decision in which is given, the employee, who may request the assistance of the Agreement of which a violation is allegedxxxxxxx, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of may submit the grievance at Step the grievance may be referred in writing to the Plant his Human Resources Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager or his designate who shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance deliver his decision in writing within five (5) working days following the presentation of such meetingthe grievance to him. STEP If no settlement is reached at Where an employee's immediate supervisor and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step the who may have the assistance of the Union Grievance Committee and representatives of Management shall meet to discuss xxxxxxx, may submit the grievance in writing to the Store Manager or his designate. A meeting will then be held between the Store Manager or his designate and the employee and the Union xxxxxxx. Such meeting shall be held within five (5) working days of receipt submission of the reply grievance at Step unless extended by agreement of the Plant Managerparties. It is understood and agreed that a staff representativeof the Unionshall 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 Union's National Representative will decision of the Store Manager or his designate shall be delivered in attendance at this meeting. If the grievance is not settled writing within five (5) working days it may be referred to arbitration as hereinafter providedfollowing the date of such meeting. The Union or It is agreed that a policy grievance arising directly between the Company may initiate a grievance beginning at Step of and the Grievance Procedure. Such grievance Union shall be filed within five (5) working days of originated under Step and the incident giving rise to time limits set out with respectto the complaint and be in step shall appropriatelyapply. It is understood, however, that the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union provisionsof this section may not institute be used with respectto a grievance remedy directly affecting an employee or employees which such employee or employees could themselves institute and that the regular Grievance Procedure grievance procedure shall not be thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Unionbypassed. 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 may file shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step of the grievance procedure within five (5) working days of after the date the discharge or suspensionsuspension is effected. In taking disciplinary action within twenty-four (24) months from Such grievance may be settled under the date of a suspension grievance or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.arbitration procedure by:

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the UnionAccordingly, no grievance shall be presentedarbitrable where the circumstances giving rise to it occurs or originated more than ten (IO) working days before the filing of the grievance at Step It is generally understoodthat an employee has no complaint or grievance until he, either directly or through the alleged Union, has first given his immediate supervisor an opportunity to adjust the complaint. after registering the complaint with the supervisor and such complaint is not settled within two (2) regular working days or within any longer period which may have been agreed to by the parties, then the following Steps of the Grievance Procedure may be invoked: The grievance shall be submitted in writing eitherdirectlyorthrough the Unionto the Human Resources Manager within ten (10) working days of the circumstances of which originated or occurred, or should have come giving rise to the attention of grievance. The Human Resources Manager or Operations Manager shall hold a meetingwith the employee concerned, more than xx Xxxxxxx and Chief Xxxxxxx within a further five (5) working days prior and shall communicate his position to its original presentation in writing at Step A grievance shall consist the employee within three (3)working days of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisorsuch meeting. If the grievance canmatter is not be settled as a result of this discussionsettled, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five three (5) working 3)working days of the incident giving rise Human Resources Manager or Operations Manager reply, the Union Staff Representative may request a meeting with the Company’s Management. In such cases the meetingshall be held betweenthe Company and the UnionStaff Representativeand the Union Xxxxxxx involved the Chief Xxxxxxx as soon as is practicably possible, but no later than two (2) weeks after the Company receives notification from the Union that such meeting is desired. If the matter is not disposed of at such a meeting, the Company Representative shall render his written decision to the complaint. The immediate Supervisor shall answer the grievance Union within five (5) working days. If the Union wishes to proceed to arbitration, the Union shall, within ten days after the receipt of the Company’s written decision, deliverto the Company a notice inwriting stating that it wishes to take the matter to arbitration. The grievance notice to arbitrate shall contain the name and address of the Union’s proposed Arbitrators and must also specify the Article issues in dispute and the remedy sought. Thereafter the shall confer to select an agreeable arbitrator. A claim by an employee, other than a probationary employee, that he has been unjustly discharged or Articles and subsections suspended shall be treated as a grievance if a written statement of the Agreement of which a violation such grievance is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied lodged with the disposition of the grievance at Step the grievance may be referred to the Plant Human Resources Manager within five ten (51O) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with employee ceases to work for the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance ProcedureCompany. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such special grievance may be referred settled by: confirming the Management’s action to arbitration under Article by either discharge or suspended the Union employee, or reinstatingthe employee with full seniority and compensation for lost wages and benefits, or any other arrangement, which in the case opinion of a Union grievance the parties, or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute Arbitrator, is just and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beequitable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to Nothing in this Agreement are agreed that it is shall be deemed to take away the right of any employee to discuss any of his personal grievances with a representative of the utmost importance Company. If any differences concerning the interpretation, application, operation, or any alleged violation of the express provisions of this Agreement arises or any questions as to adjust complaints and grievances as quickly as possible. Unless agreed to whether any difference is arbitrable arises between the parties or persons bound by both this Agreement or on whose behalf it was entered into, the representatives of the Company and of the Union, no Union shall meet and endeavour to resolve the difference in the following manner and sequence. Union grievance committee members will be paid straight time wages while in attendance at scheduled grievance meetings. Discussion shall take place between the who shall be presentedaccompanied by his xxxxxxx and his immediate Step Discussions between the his Union Xxxxxxx, Chief Xxxxxxx, his immediate supervisor, and the Human Resource Manager or their designees. The grievance at this stage shall be submitted in writing, signed by the and an executive of the Union within seven (7) calendar days of the date of the occurrence which gave rise to the grievance, and must state the matter at issue, the alleged circumstances facts relied upon, including events, dates and persons involved, and precisely in what respect the Agreement has allegedly been violated or misinterpreted by reference to the specific clause or clauses relied upon. The notice shall also state the nature of which originated relief or occurredremedy sought. The Company shall issue a written reply at this step. Step Discussion between the Union Grievance Committee, Production Manager, Assistant Production Manager, the Human Resource Manager, and the Plant Manager, or should have come to their designees, shall be held within four (4) calendar days, excluding statutory holidays and the attention weekend days of Saturday and Sunday, of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step step written reply. A grievance shall consist representative of a dispute concerning interpretation and/or application the United Steelworkers may attend. The may attend on the invitation of any Article, Schedule or Clause in this Agreementeither party. Should a grievance arise it shall be handled as follows. Prior initiated by either the Company or the Union with respect to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result application or interpretation of this discussionAgreement, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaintprocedure will start at this step. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene issue to the President of the Union a meeting with written reply to the and Chief Xxxxxxx and shall answer formal written grievance within forty-eight (48) hours of the discussion held in Step For any of the above Steps, after the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step has been initiated, the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it time element may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended waived by mutual agreement of both parties. Agreement to waive must be in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may besigned by both parties.

Appears in 1 contract

Samples: Labour Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties That in the event a grievance is filed with an immediate supervisor, it will also be filed concurrently with Human Resource Services provided failure to comply with this Agreement are agreed that it is of procedure shall not jeopardize the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause time limits in this Agreement. Should a grievance arise it The Union shall be handled as follows. Prior to filing a formal grievance, an employee will, providethe Corporation with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step names of the Grievance ProcedureCommittee, the Chief Xxxxxxx, and the Stewards designated in each area. Such grievance "Business Day" shall be filed within five (5) working days defined as Monday through to Friday inclusive, excluding approved Statutory Holidays. When an employee is considered to be discharged or suspended without just cause, the employee shall be entitled to a hearing under Article Grievance Procedure, and Steps and of Article shall be omitted in such cases. Any of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure set out above may be extended by mutual agreement in writing between the Company and parties involved. The Parties agree that they will endeavour to resolve the Union. matter in dispute by discussion prior to Step An employee who has been discharged or suspended may file employee, assisted by a Xxxxxxx, shall first take the matter up with his immediate Supervisor by presenting a written grievance at Step which sets out the Article of the Agreement which is alleged to have been violated. The Supervisor shall reply in writing to the grievance within five (5) working business days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infractionreceipt of the written grievance. Failing settlement at this stage, the Company employee may, within five (5) business days after receiving the reply, process the matter to Step The employee, assisted by a Xxxxxxx, may consider take the employee's entire record preceding suspension matter up with the appropriate Department Head or dismissal designate. The Department Head shall reply in writing to the grievance within five (reinstatement), as 5) business days after the case may bematter was taken up with him. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infractionFailingsettlement at this stage, the Company may consider employee may, within five (5) business days after receiving the employeeDepartment Head's entire record preceding reply, process the employee's oral or written warning, as the case may be.matter to Step

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it Agreement, a Grievance is defined as a difference arising either between a member of the utmost importance bargaining unit and the Society or between the parties relating to adjust the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. The Grievance shall identify the nature of the Grievance; the remedy sought, and should, where possible, specify the provisions of the Collective Agreement which are alleged to have been violated. For the purposes of the Collective Agreement, "working day" means a weekday, Monday to Friday, other than a statutory holiday. It is the mutual desire of the parties hereto that complaints and grievances of Employees shall be adjusted as quickly as possiblepossible and it is understood that an Employee has no Grievance until she has first given her immediate Supervisor the opportunity of adjusting her complaint. Unless agreed to by both the Company and the UnionIf an Employee has a complaint, no grievance such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, discussed with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his her immediate Supervisor within five (5) working days of after the incident circumstances giving rise to the complaintcomplaint have originated or occurred. The If the immediate Supervisor shall answer is unable to adjust the grievance complaint to the mutual satisfaction within five (5) working days. The grievance shall specify , the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied Employee may proceed with the disposition of the grievance at Step the grievance may be referred to the Plant Manager Grievance within five (5) working days after receipt following the decision of the immediate Supervisor. A Grievance of an Employee or Employer arising under this Agreement shall be adjusted and settled as follows. The Employee, with the assistance of a Union Xxxxxxx, if desired, must submit a written grievance, signed and dated by the Employee, to her immediate Supervisor. Where, because of the inability of the Employee to personally attend to the signing of the grievance within the five (5) working day time limit, a Xxxxxxx may sign the grievance on the Employee's behalf, provided that the grievance shall be deemed to have been withdrawn unless the Employee signs the grievance and provides a copy of the signed grievance to the immediate Supervisor at or prior to the Step meeting (it is understood that a facsimile copy of the grievance bearing the signature shall suffice or where otherwise agreed by the Parties). Her immediate Supervisor will deliver her decision within five (5) working days following the day on which the written Grievance was presented to her. Copies of the immediate Supervisor's reply at shall be forwarded to the and the Union Xxxxxxx who assisted the to reduce the grievance to writing. Failing settlement, then: Within five (5) working days following the decision in Step The Plant Manager shall convene I,the Employee must submit the written Grievance to the Manager, Community Health Services. Unless extended by mutual agreement of the parties, in writing, a meeting with shall be held, within ten working days of the request, between the Society, an official of the Union, the and Chief the Xxxxxxx and at which time the Grievance shall answer be discussed. The decision of the grievance Society shall be given in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at following this meeting. If Copies of the grievance is not settled Society’s reply shall be forwarded to the Union Xxxxxxx and Official of the Union who attended at the Step meeting. Failing settlement under the foregoing procedure, either party may submit the matter to arbitration within five (5) ten working days it may be referred to after the decision under Step is given. If no written request for arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of is received within such ten working day period, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of the employees shall be adjusted as quickly as possiblepossible without stoppage of work, and it is understood that an employee may present an oral complaint at any time, without recourse to the grievance procedure herein. Unless agreed to by both the Company and the Union, It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. STEP If an employee has a complaint, he shall discuss it with his immediate supervisor. In order to be presentedconsidered a grievance, such discussion must take place within two (2) working days after the alleged circumstances of which giving rise to the complaint first occurred or originated or occurred, or should the employee reasonably ought to have come known of the circumstances. The immediate supervisor shall communicate his reply to the attention complaint with two (2) working days. If such complaint is not settled to the satisfaction of the employee concerned, more than five (5) working days prior to its original presentation the complainant may file a written grievance in writing at Step A grievance the following manner and sequence. STEP The employee shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of a xxxxxxx submit a signed, dated written statement of such grievance (on a form supplied by the Union) to the Superintendent or his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor designate within five two (52) working days after he has received the reply of the incident giving rise immediate supervisor. The nature of the grievance, the Article of the Agreement that has been violated, misapplied or misinterpreted, in the case of “group grievances” where there is more than one (1) the name of each and the relief or remedy sought shall be clearly set out in the grievance. A grievance which to set out this information will not be processed or considered beyond this step. The wording of the grievance presented at this step may be changed or amended for the purpose of clarification at any time up to and including Step but not thereafter. The Superintendent or his designate, as the case may be, will hold a meeting within three (3) days, or such other time as may be agreed by the parties, with the and the xxxxxxx, to discuss the grievance and shall deliver his decision in writing within two (2) working days following the meeting. Failing settlement, then: STEP3 Within three (3) working days following the decision under Step No. the written grievance will be forwarded to the complaint. The immediate Supervisor shall answer the grievance Human Resources Manager or his designate who will hold a meeting within five (5) working days, or such other time as may be agreed by the parties, with the and the grievance committee, to discuss the grievance. It is understood that a staff representative of the Union may also be present at the meeting, at the request of either party. The grievance shall specify the Article Human Resources Manager or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager his designate will give his decision in writing within five three (53) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of the meeting. It is expressly understood that an employee who has a suspension complaint or dismissal a grievance shall follow the procedures as outlined in this Article and pending the investigation and determination of the validity of such claim shall continue to perform the duties assigned to him by management (reinstatement) for a similar infractionunless he has been suspended or discharged), providing such duties do not jeopardize the Company may consider life, health or safety of the employee's entire record preceding suspension or dismissal . Disciplinary suspensions will be administered within four (reinstatement), as the case may be. In taking disciplinary action within twelve 24) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beweeks.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement are agreed that it is a grievance of the utmost importance to adjust complaints and grievances an employee be resolved as quickly promptly as possible. Unless agreed to by both the Company and the Union, no No grievance shall be presented, considered which usurps the alleged circumstances function of which originated or occurred, or should have come to management. For the attention purpose of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any this Article, Schedule shall not include Saturdays, Sundays or Clause in this AgreementPaid Holidays. Should a Any grievance arise it shall not processed within the said time limits will be handled as follows. Prior deemed to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complainthave been abandoned. The immediate Supervisor shall answer the grievance within five (5) working daystime limits contained herein are deemed to be mandatory. Time limits may only be extended by mutual agreement and such extension must be in writing. The grievance shall form must specify the Article nature of the grievance, the remedy sought and the specific provisions of the Collective Agreement alleged to have been violated. It is understood that an employee has no grievance until has first discussed the issue with Supervisor and given the Supervisor an opportunity to resolve the issue. If no settlement can be reached, then a grievance arising under the Agreement relating to the interpretation, application or Articles and subsections alleged violation of the Agreement of which a violation is alleged, indicate the relief sought and must then be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance submitted in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step after the the Union Grievance Committee and representatives of Management shall meet circumstances, giving rise to discuss the grievance occurred or originated. The grievance must be processed and dealt with in accordance with the terms and provisions set forth in this Article. The employee may, if wishes, be accompanied by Xxxxxxx at any stage of this grievance procedure. It is understood that it is the responsibility to arrange for the Xxxxxxx to be present. Failing settlement then within five (5) working days of receipt of following the reply of decision under Step the Plant Manageremployee must submit the written grievance to the Director. The Union's National Representative Director will meet with the and review the grievance. A decision in writing will be in attendance at this meeting. If the grievance is not settled rendered within five (5) working days it may be referred from the date on which the grievance meeting was convened. Failing settlement, then; Within five (5) working days following the decision under Step the employee must submit the written grievance to arbitration as hereinafter providedthe Executive Director or designate. The Union Executive Director or designate will meet with the Company may initiate a grievance beginning at Step and review the grievance. A representative of the Grievance ProcedureUnion may attend this meeting if requested to do so by either party. Such grievance shall A decision in writing will be filed rendered within five (5) working days from the date on which the grievance meeting was convened. In the event the decision of the incident giving rise Executive Director is not satisfactory to the complaint and be the may refer the matter to Arbitration in accordance with the form prescribed in Step Any such grievance may be referred to arbitration provisions of this Agreement. If no written request for Arbitration is received within ten (10) working days from the date of the decision under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where this Step, then the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been droppedbe settled. HoweverIf it is necessary for a Union Xxxxxxx to assist an employee with the presentation of a grievance, time limits specified in shall not leave work without first obtaining the Grievance Procedure may be extended by mutual agreement in writing permission of Supervisor. It is agreed that a grievance arising directly between the Company Employer and the Union. An Union policy grievance) or a grievance claiming the unjust discharge of an employee who has been discharged or suspended may file a written grievance at completed probationary period, must be originated under Step above, within five (5) working days after the circumstances giving rise to the grievance occurred or originated and the time limit set out with respect to Step shall apply. However, it is understood that a policy grievance may not be used with respect to a complaint or grievance directly affecting an employee and that the regular grievance procedure shall not be Probationary employees may only access the grievance procedure if discharged during probationary period. All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union, shall be final and binding upon the Employer, the Union and the employees. Notwithstanding the foregoing, the parties may agree to waive or extend any of the time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the right, if so requests, to the presence of the Union Xxxxxxx when such discipline is assessed. It is the responsibility of the employee to arrange for the Xxxxxxx to be present if so desires. Failing settlement under the foregoing grievance procedure of any grievance between the parties arising from the interpretation, application, or suspensionalleged violation of this Agreement, including any question as to whether the grievance is arbitrable, the grievance may be submitted to Arbitration as set forth below. In taking disciplinary action If no written request for Arbitration is received within twenty-four (24) months ten working days from the date of a suspension or dismissal (reinstatement) for a similar infractionthe decision under Step above, the Company may consider grievance shall be deemed to have been settled. When either party requests that a grievance be submitted to Arbitration as hereinbefore provided, it shall make such request in writing addressed to the employee's entire record preceding suspension or dismissal other party and at the same time nominate a member to the Board of Arbitration. Within ten (reinstatement)10) working days thereafter, as the case may beother party shall nominate a member to the Board of Arbitration and notify the other party. In taking disciplinary action within twelve The two (2) months nominees so appointed shall confer immediately and shall attempt to select by agreement a Chairman for the Board of Arbitration within ten (10) working days from the date such other party has nominated its nominee. If they are unable to agree upon a Chairman, they shall then request the Minister of an oral Labour for the Province of Ontario to appoint a Chairman. No person may be appointed as a nominee who has been involved in any attempt to negotiate or settle the grievance. The Arbitration Board shall not have the jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions lieu thereof, nor to give any decision inconsistent with the provisions of this Agreement. No matter shall be dealt with at Arbitration that has not been properly carried through all the previous steps of the grievance procedure. The written warning for a similar infractiondecision of the majority of the Board of Arbitration shall be final and binding upon the Employer, the Company Union and the employees. Each of the parties hereto will bear the expense of the nominee appointed by it, and the parties will jointly bear the fees and expenses of the Chairman of the Arbitration Board. The parties may consider agree to extend or waive any of the employee's entire record preceding time limits prescribed in this Article. However, any such agreement shall be expressed in writing and acknowledged by the employee's oral or parties. The Employer and the Union may by written warning, agreement respect to any specific grievance substitute a named umpire for the Board of Arbitration provided for herein and the Umpire shall possess the same powers and be subject to the same limits as the case may beBoard of Arbitration.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Within the Terms of this Agreement, a Grievance shall be defined as a difference arising between the Employee, the Union or both, and the Employer as to this Agreement are agreed that it is the interpretation, application, administration or the alleged violation of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances provisions of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it All Grievances shall be handled in writing and all replies to all stages shall be in writing. Working days as followsreferred to in this Article shall mean a day other than Saturday, Sunday, or a Specified Paid Holiday under Article It is understood that an Employee has no Grievance until has first given Supervisor an opportunity to adjust Complaint. Prior to filing In discussing Complaint, the Employee may be accompanied by a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate SupervisorXxxxxxx. If the grievance canEmployee with the Complaint is unable to present concern to Supervisor, due to approved absences from work, within ten working days from the date of the alleged violation, a Xxxxxxx upon request by the Employee, may represent this Employee on the matter. provided that the Employee is absent from work on the date of Complaint presentation. Any Employee's Complaint which is not be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate by Supervisor within five three (53) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections lodging of the Agreement of which a violation is allegedComplaint, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance shall then commence at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step Stage Two of the Grievance Procedure. Such grievance It is to be understood that any decision reached at Stage One of the Grievance Procedure is without precedent or prejudice. The Employer acknowledgesthe right of the Union to appoint or otherwise select a Union Grievance from the membership of the Outside Service and Maintenance Bargaining Unit, who shall be filed within five (5) working days Employees of the incident giving rise Employer. The Members of such a Committee shall be communicated to the complaint Employer by and be in it's Local The aggrieved shall submit the form prescribed in Step Any such grievance may be referred written Grievance to arbitration under Article by either a member of the Union in the case of a Union grievance or the Company in the case of a Company grievanceGrievance Committee. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute Grievance Committee shall determine if the Grievance is justified and whether both the Union and the regular aggrieved wish to proceed to Stage Two. The Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. Howevermay then proceed, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within provided that no more than twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no A Management or Union grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention defined as any difference arising out of the employee concernedinterpretation, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist application, administration or alleged violation of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this the Collective Agreement. Should a grievance arise it An xxxxxxx effort shall be handled as follows. Prior made to filing a formal grievance, an employee will, settle all grievances fairly and promptly in accordance with the assistance of his xxxxxxx, refer following procedures: The aggrieved will submit the on an informal basis grievance to his immediate SupervisorUnion Representative. If the Union Representative in consultation with the Grievance Committee considers the grievance canto be justified, he shall first seek to settle the dispute orally with the employee's appropriate non-union Supervisor. The non-union Supervisor shall not consider a grievance where the circumstances giving rise to it occurred or originated more than seven (7) full working days before the non-union Supervisor's receipt of the grievance. The non-union Supervisor will render a decision within seven (7) full working days after hearing the grievance. At each step of the grievance procedure, where a meeting is required, the if he so chooses, shall be entitled to be present along with his Union Representative. Failing satisfactory settlement at Step No. the Union Representative will submit to the Manager or designate within seven (7) full working days following the Step decision, a written statement of the particulars of the grievance and the redress sought. The Manager or his designate shall render his decision seven (7) full working days after hearing the grievance. At the Manager's discretion, a meeting may or may not be settled as a result of this discussionrequired with the and the Union Representative. Failing satisfactory settlement at Step No. up to two (2) Union Representatives, then it may be dealt with as follows: STEP The employee per grievance, shall a written grievance with his immediate Supervisor within five (5) working days following the Step decision submit the grievance to the City Manager or his designate. The City Manager or designate will render his decision within ten working days following the hearing of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.A meeting will

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the UnionAccordingly, no grievance shall be presented, arbitrable where the alleged circumstances of which giving rise to it occurred or originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior before the filing of the grievance. It is generally understood that an employee has no complaint or grievance until he, either directly or through the Union, has first given his immediate Service Manager an opportunity to its original presentation adjust the complaint. If, after registering the complaint with the Service Manager and such complaint is not settled within two (2) regular days or within any longer period which may have been agreed to by the parties, then the following Steps of the Grievance Procedure may be invoked: The grievance shall be submitted in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule either directly or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior through the Union to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Company Designate within five (5) working days of the incident circumstances giving rise to the complaintgrievance. The immediate Supervisor Company Designate shall answer hold a meeting with the grievance employee and Xxxxxxx within a further five (5) working daysdays and shall communicate his position to the employee within three (3) working days of such meeting. If the matter is not settled, then within three (3) working days of the Company Designates reply, the Union Staff Representative may request a meeting with the President or his Designate. In such case the meeting shall be held between the Company and the Union Staff Representative and Union Xxxxxxx involved as soon as practicably possible, but not later than two (2) weeks after the Company receives notification from the Union that such meeting is desired. If the matter is not disposed of at such meeting, and if the Union wishes to proceed to arbitration, the Union shall, within ten (10) days of the date of such meeting, but not thereafter, deliver to the Company a notice in writing stating that it wishes to take the matter to arbitration. The grievance notice to arbitrate shall specify contain the Article or Articles name and subsections address of the Agreement Union's proposed Arbitrators and the remedy sought. Thereafter the parties shall confer to select an agreeable Arbitrator. A claim by an employee other than a probationary employee that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of which a violation such grievance is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied lodged with the disposition of the grievance at Step the grievance may be referred to the Plant Manager President or his Designate within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with employee ceases to work for the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance ProcedureCompany. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such special grievance may be referred settled by: confirming the Management's action to arbitration under Article by either discharge or suspend the Union employee, or reinstating the employee with full seniority and compensation for lost wages and benefits, or any other arrangement, which in the case opinion of a Union grievance the conferring parties, or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute Arbitrator, is just and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beequitable.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For the purpose of this agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, 'administration or' alleged violation of this Agreement are agreed that it agreement including any question as to whether a matter is arbitrable. It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company possible and the Union, it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. If an employee has a complaint, such complaint shall be presented, discussed with his immediate supervisor within ten calendar days after the alleged circumstances of which giving rise to the complaint have originated or occurred. If the immediate supervisor is unable to adjust the complaint to their mutual satisfaction within five calendar days, or should have come to the attention employee may proceed with days following the decision of the employee concernedsupervisor. Within five calendar days following decision of the immediate supervisor regarding complaint, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee willthe employee, with the assistance of his a union xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall must submit a written grievance with his immediate Supervisor to the Program Manager. The nature of the grievance, the remedy sought, and the provision of the agreement which are alleged to be violated shall be set out in the dated, signed grievance. The Program Manager deliver a decision within five (5) working nine calendar days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step written grievance. The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall parties may, :hey so desire, meet to discuss the grievance within five at a time and place suitable to both parties. Such a meeting shall be with the Grievance failing settlement. The next step in the procedure may be taken. of Human Resources (5or his to be discussed at a meeting between the (or his designate) working and the calendar days of receipt of the reply of grievance. Either party may have assistance from outside the Plant Managerat the meeting if desired. The Union's National Representative will be in attendance at this Director of Human Resources (or his designate) shall give his written disposition within five calendar the day of such meeting. If Failing party may submit the grievance is not settled matter to within five (5) working calendar days it may be referred to arbitration as hereinafter provided. The Union or after the Company may initiate a grievance beginning reply at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance is given or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to should have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may begiven.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it An employee who is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Uniondischarged, no grievance shall be presented, the alleged circumstances of which originated or occurredsuspended, or laid off from his employment has the right and, should have come he wish to grieve, must file a grievance immediately to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Union within five (5) working days of the incident giving rise its occurrence subject to the complaintprocedure outlined herein. The immediate Supervisor shall answer the Prior to initiating a grievance, an employee who believes he has cause for grievance within five (5) working daysmust discuss this matter with his Supervisor. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee still have a grievance while working on the job, he must present his grievance in writing to the Supervisor with a copy of the Union Delegate within two (2) days of its alleged occurrence. Upon request of the grieving employee, the Union Delegate shall assist in the grievance procedure. He shall not be dissatisfied subject to discipline for assisting the griever in the grievance procedure, provided such assistance does not interfere with the disposition of operations on the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after dock. The Supervisor shall acknowledge receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing and shall provide the employee with a written response within five two (52) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply grievance. If settlement is not achieved upon receipt by the griever of the Plant ManagerSupervisor’s reply, the griever shall immediately submit the grievance directly to the Union. Within fourteen (14) days of the reply, the Union shall submit the written grievance to the Company. Within fourteen (14) days of the date the grievance is received by the Company, the Managing Director shall respond in writing to the grievance. The Union's National Representative will be Union shall also have the right to submit a grievance in attendance at this meetingwriting to the Company on behalf of all the employees in the bargaining unit or a group or category thereof within fourteen (14) days of the occurrence-giving rise to the grievance. In both these instances above, the Company shall reply to the grievance as per clause above. If the grievance is not settled within five (5) working days it may at the meeting referred to in clause of this article, the grievance must be referred to arbitration as hereinafter providedwithin ten (1 0) days thereafter. The Union Any grievance involving the interpretation or the Company may initiate a grievance beginning at Step alleged violation of the Grievance Procedure. Such grievance shall be filed within five (5) working days any provisions of the incident giving rise this Agreement which has not been settled to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case satisfaction of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the UnionUnion by conference or negotiation, may be submitted to arbitration. An employee The Union and the Company from a predetermined panel will jointly select the arbitrator. The selection shall be made within ten (10) days after either party of this Agreement has made the request for arbitration. In the event that the parties fail within the said ten (10) day period to agree upon the selection of an arbitrator, the matter may be referred, by either party, to the Minister of Labour for Canada, who has been discharged shall select and designate the arbitrator. (The panel referred to shall be those arbitrators who are currently recognized as such at ratification of this collective agreement.) A statement of the dispute or suspended may file a written grievance at Step within five question to be arbitrated shall be submitted by both parties to the arbitrator with fifteen (515) working days of his appointment. The Arbitrator shall convene a meeting with the discharge parties within twenty (20) days following his appointment unless otherwise agreed by the parties, and shall render his decision as soon thereafter as possible. The decision of the Arbitrator shall be limited to the dispute or suspensionquestion contained in the statement or statements submitted to it by the parties. In taking disciplinary action within twenty-four (24) months from The decision of the date Arbitrator shall not change, add to, vary or disregard any conditions of a suspension or dismissal (reinstatement) for a similar infractionthis Agreement. The decisions of the Arbitrator which are made under the authority of this Arbitration Article shall be final and binding upon the Company, and the Company may consider Union and all persons concerned. The expenses, fees and costs of the employee's entire record preceding suspension or dismissal (reinstatement), as Arbitrator shall be borne equally by the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to Grievances shall be adjusted and finally settled without stoppage of work by the following steps: All differences concerning the interpretation, application or alleged violation of this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presentedreported, in writing and signed by the alleged circumstances of which originated employee or occurredunion member concerned, or should have come to the attention of Production Director within seven (7) days following the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with date the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident circumstances giving rise to the complaintgrievance became known or should reasonably have become known. The immediate Supervisor Production Director shall answer reply in writing to the grievance employee within five the seven (57) working days. The grievance shall specify days that follow the Article or Articles and subsections presentation of the Agreement of which a violation is alleged, indicate grievance. If the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition reply of the grievance at Step Production Director is judged unsatisfactory, the grievance may be referred in writing, within the seven (7) days that follow, to the Plant Manager Director of Human Resources, or their representative. The Director of Human Resources, or their representative shall reply within five fourteen (514) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene in writing and, if deemed necessary, a meeting may be called with the Union representative, the employee and Chief Xxxxxxx and shall answer another person who the grievance in writing within five (5) working days Director of such meetingHuman Resources or their representative may deem appropriate, at a time mutually agreed upon. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant ManagerDirector of Human Resources, or their representative, is judged unsatisfactory, the may be referred in writing within the seven (7) days that follow to the Director General CEO or their representative. The Union's National Representative will Director General CEO or their representative shall reply within seven (7) days in writing and if deemed necessary a meeting may be in attendance called with the Union representativeand the employee at a time mutually agreed upon. Any grievance involving the interpretation, application or alleged violation of this meeting. If the grievance is not settled within five (5) working days it Agreement may be referred to arbitration as hereinafter providedby either party providing Steps and have been followed through to conclusion, but no later than seven (7) days, unless otherwise mutually agreed upon, after receipt by the Union of the decision of the Director or their representative. The Union party desiring to submit to arbitration shall deliver to the other party a notice in writing of its intention to arbitrate. This notice shall state the matter at issue in concise terms and shall state precisely in what respect the Agreement has been violated or misinterpreted, by reference to the Company may initiate a grievance beginning at Step specific clause or clauses relied upon. The notice shall also stipulate the nature of the Grievance Procedurerelief or remedy sought. Such grievance shall be filed within five Within thirty (530) working days of the incident giving rise date of delivery of the foregoing notice, shall attempt to agree on the complaint appointment of an Arbitrator. Should the parties fail to agree on the selection of an Arbitrator within the thirty (30) days prescribed in Clause the party requesting arbitration shall ask the Federal Minister of Labour to appoint one. The fee and expenses of an Arbitrator shall be borne equally by the parties. The Arbitrator shall hear and determine the difference and the decision shall be final and binding upon the parties and upon any employee affected by it. The Arbitrator shall have no power to alter, add to, subtract from, amend, modify, or substitute any part of this Agreement. Saturdays, Sundays and Legal holidays will not be included in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either limits of the Union in the case specified delays of a Union grievance or the Company in the case of a Company grievancethis Article. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified delays set forth in the Grievance Procedure this Article may be extended by mutual agreement in writing between the Company and parties. The time delays shall be extended at the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days request of either party to allow for discussion of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from matter by the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beJoint Consultation Committee.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is a complaint which has been reduced to writing respecting the meaning and/or application of the provisions of this Agreement and all matters pertaining thereto. A grievance concern a difference arising between an employee and the Employer or the Union and the Employer. The parties Parties to this Agreement are agreed that it is of the utmost importance share a desire to adjust employee complaints and grievances as quickly as possible. Unless An employee shall discuss his/her complaint with his/her immediate supervisor within five days of the occurrence giving rise to the complaint so as to afford the supervisor an opportunity to resolve the complaint. The employee may be accompanied by a representative of the Union when the complaint is being discussed with the supervisor. It is agreed that an employee shall not file a grievance until he/she has discussed his/her complaint with his/her supervisor in accordance with paragraph When an employee has presented his/her complaint to by both the Company his/her supervisor and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come complaint has not been resolved to the attention his/her satisfaction within three days of the employee concernedmeeting, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should he/she may file a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance Union Grievance Committee. The grievance must be signed and dated by the employee within fifteen days of his xxxxxxx, refer the day on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days which he/she was notified or became aware of the incident giving rise to the grievance or within ten days of the receipt by him/her of his/her supervisor's reply to his/her complaint, whichever shall last occur. Where an employee has filed a grievance with the Union Grievance Committee, the Union may, within ten days from the date thereof, present the grievance to the employee's Department Head or designate, with a copy to the Human Resources Commissioner. The immediate Supervisor Department Head or designate shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting meet with the and Chief Xxxxxxx the Union representative within ten days from the day on which it was presented and shall answer the grievance in writing shall, within five (5) working days of such from the meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be , render his/her decision in attendance at this meetingwriting. If the grievance is not settled within five (5) working days it may be referred Department Head or designate: fails to arbitration as hereinafter provided. The Union or meet the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. Howeverrepresentative, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.or

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to It is the intent of this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both possible any complaints or differences between the Company and parties arising from the Unioninterpretation, no grievance shall be presentedapplication, the administration or alleged circumstances contravention of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement, including any question as to whether a matter is arbitrable. Should An employee who believes a grievance arise it shall be handled as follows. Prior to filing complaint or a formal grievance, an employee will, difference exists with the assistance of his xxxxxxx, refer Employer shall first discuss the on an informal basis to his immediate Supervisor. If complaint or difference with the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor employee's supervisor within five (5) working days of first becoming aware or should have been aware of the incident giving rise to the complaintcomplaint or difference. The immediate Supervisor Union Xxxxxxx shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is allegedbe present, indicate the relief sought and be signed if requested by the employee. STEP Should Any complaint or difference not satisfactorily settled by the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager supervisor within five (5) working days after may be processed by the Union within an additional fifteen 5) working days in the following manner: I If the Union considers the grievance to be justified, the Union through its authorized representative, shall file the said grievance, which shall be signed by the and authorized Union Xxxxxxx, and redress sought in writing with the appropriate Housing Manager who shall designate an official who shall confer with the employee involved within five working days of receipt of the immediate Supervisor's reply at Step The Plant Manager grievance and who shall convene render a meeting with the and Chief Xxxxxxx and shall answer the grievance decision in writing within five (5) working days of such the time of the meeting. STEP If no settlement The employee shall be accompanied at the said meeting by the authorized representative of the Union. A copy of the written decision shall also be forwarded to the Union office pursuant to Article of this Agreement. Where it is reached at not possible for a Housing Manager to designate an official under Step the grievance shall be heard by the Housing Manager and if redress satisfactory to the Union Grievance Committee and representatives is not provided, the grievance shall progress automatically to Step In the event that the official designated by the Housing Manager does not provide redress satisfactory to the Union, the Union may within seven working days of Management receipt of this written decision, forward a copy of the grievance together with a copy of said written decision to the appropriate Housing Manager. The Housing Manager or designate shall meet to discuss with the grievance authorized Union Xxxxxxx and the aggrieved employee within five (5) working days of receipt of the reply said grievance and written decision and shall advise the Union in writing of this decision in respect of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise said meeting. A copy of the written decision shall also be forwarded to the complaint Union office pursuant to Article of this Agreement. In the event that the Housing Manager does not provide redress satisfactory to the Union, the Union President may (7) days of receipt of this written forward copies of the grievance and be in the form prescribed written decisions provided for in Step Any such grievance may be referred and Step to arbitration under Article by either the appropriate Regional Manager or designate, with a copy to the appropriate Housing Manager), who shall meet with the authorized representatives of the Union and the aggrieved employee, within ten O) working days of receipt of said grievance and written decisions, and shall advise the Union President in writing of the case decision in respect of a the grievance, within ten (10)working days of the said meeting. All grievances at this step shall be processed only by the Union President through the Union's Toronto office. Any grievance or received that is not in compliance with this procedure shall be returned to the Company for resubmission in accordance with the case of a Company grievanceabove. The Union may not institute a President will also provide copies of the grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall request for a Step meeting to the Executive Director, Housing Field Operations, Ministry of Housing. In the event that the Regional Manager, or designate does not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed provide redress satisfactory to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step , the Union within five (fifteen 5) working days after receipt of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from written decision may upon providing written notice to the date of Employer, submit the grievance for arbitration to the Grievance Settlement Board, with a suspension or dismissal (reinstatement) for a similar infraction, copy to the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beappropriate Housing Manager.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement are agreed agreement that it is of the utmost importance to adjust complaints and grievances concerning the interpretation, application, administration or alleged violation of the Agreement be adjusted as quickly as possible. Unless agreed An employee subject to by both disciplinary action which is to be recorded in the Company employees' personnel file, shall have the right, if she so requests, to the presence of the Union Xxxxxxx or Union committee member or, if either of the above are not available, a member representative of the employee's choice who is working on the current shift. Where an employee is required to attend a meeting in which a written warning, suspension, or discharge is to be given, a Union xxxxxxx shall be present unless the employee requests otherwise. If a xxxxxxx is not available, the Employer shall reschedule the meeting within forty-eight (48) hours so that the employee and xxxxxxx can attend. It is understood that an employee has no grievance until the Union, no complaint has been discussed with his immediate supervisor. No grievance shall be presented, considered and the alleged circumstances of which originated or occurred, or should complaint shall be deemed to have come been settled if the event giving rise to the attention complaint or the time at which the grieved employee ought to have become aware of the employee concerned, such events occurred or originated more than five six (56) working days prior before the filing of the grievance. No grievance shall be further considered and the grievance shall be deemed to its original presentation have been settled if the time limits met out are not adhered to by the Union. Step The grieved employee shall present his grievance in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisorsupervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt The supervisor shall reply with as follows: STEP The employee shall a written grievance with his immediate Supervisor decision within five (5) working days following the receipt of the incident giving rise to grievance or such longer period as may be mutually agreed upon between the complaintparties. The immediate Supervisor shall answer the grievance within Step In five (5) working daysdays either following the receipt of the supervisor's decision or following the expiry of the time to reply allowed under Step the grieved employee may present the grievance writing to the Administrator or his designate who shall consider it in the presence of the a Xxxxxxx, and the immediate Supervisor. A representative of the Union may be present. The grievance Administrator or a designate shall specify the Article or Articles and subsections of the Agreement of which issue a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager written decision within five (5) working days after receipt following such meeting or such longer period as may be mutually agreed upon between the parties. For the purposes of this Article, when determining the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with time limits within which any action is to be taken, the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) reference to working days shall be exclusive of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee Saturdays, Sundays, and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingStatutory Holidays. If final settlement of the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning reached at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such then a grievance may be referred to arbitration under Article in writing by either party, as provided for in paragraph below, at any time within ten (10) calendar days either following the Union in receipt of the case decision given under Step or following the- expiry of a Union grievance the time to reply under Step or such longer period as may be mutually agreed upon between the Company in the case of a Company grievanceparties. The Union may not institute a written grievance directly affecting an employee or employees which such employee or employees could themselves institute shall set forth the full particulars of the grievance, the provision of this agreement allegedly violated and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beremedies sought.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purposes mentionedin this Agreement are agreed that it is article, the Chief Xxxxxxx or the Deputy Chief Xxxxxxx may perform the functions of the utmost importance to adjust complaints and grievances as quickly as possibleChief Xxxxxxx. Unless agreed to by both In the Company and absence of the UnionChief Xxxxxxx or the Deputy Chief Xxxxxxx, no any one (1) member of the Executive Committee may perform the functions of the Chief Xxxxxxx. The alleged grievance shall be presentedpresented to the appropriate immediate supervisor in writing on a form provided by the Union and acceptableto the University. Such form shall include: (a) the nature of the grievance, the alleged circumstances of which originated or occurredremedy sought, or should have come to and, the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result paragraphor paragraphs of this discussion, then it may be dealt with Agreement alleged to have been violated. The grievance is described as followsan alleged violation of: STEP the CollectiveAgreement the Ontario Human Rights Code the Employment Standards Act of Ontario other applicable Province of Ontario Employment related legislation. The employee shall be assisted in the presentationof the grievance by the Union Xxxxxxx of the employee's choice. Failing a written grievance with his immediate Supervisor settlement, the supervisor shall deliver the decision in writing to the employee and the Union within five (5) working days of following the incident giving rise presentationof the grievance. If not settled at Step the written grievance may be submitted by the to the complaint. The immediate Supervisor shall answer the grievance Department Head or a nominee within five (5) working days. The grievance shall specify the Article or Articles and subsections days of the Agreement of which decision in Step The Department Head or a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied nominee shall meet with the disposition of Chief Xxxxxxx and/or the grievance at Step xxxxxxx, or with the grievance may be referred to the Plant Manager Grievance Committee (as established in Article 20.02) within five (5) working days after receipt following the presentation of the immediate Supervisor's reply at Step grievance. The Plant Manager Department Head shall convene a meeting with deliver the and decision to the Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meetingfollowingthe presentationof the grievance. STEP If no settlement is reached not then settled at Step the written grievance may be submitted by the and the Chief Xxxxxxx to the Assistant Vice-president, Human Resources or designatewithin five (5) days the decision in Step The Assistant Vice-president, Human Resources, or designate, shall meet with the grievance committee, hereinafter constitutedwithin fifteen (15) days following the presentationof the grievance. There may be present a representativeof the Union if requested by either party and such others as the Assistant Vice-president, Human Resources, or designate, considers necessary. The Assistant Vice-president, Human Resources, or designate, shall render a decision in to the chairpersonof the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days following the Step above meeting. Step If the Union Grievance Committee is not satisfied with the decision at Step it may, within (15) days of receipt such decision, demand in writing that the matter be taken to arbitration in accordance with the procedure set out hereunder. The time limits mentionedin both the grievance and complaint procedure Time Limits may be extended by agreement between the Union and the appropriate University official and must be confirmed in writing. Where no such agreement has been made or where an agreed extension has expired: (a) the Union GrievanceCommitteemay proceed to the next step of the reply procedure if the appropriate University official exceeds the time allowed to act, the University may consider the grievance abandoned if the Union exceeds the time allowed to act. A complaint or grievance arising directly between the Universityand the Unionwith respectto either: (a) a matter of policy, interpretation or general applicationof the Collective Agreement arising from a decision of the Plant Manager. The central University administration, or a decision or action of the University administrationor departmental management that affects three (3) or more employees, or an action of the Union's National Representative will considered prejudicial by or to the University Group Grievance may be lodged by the grieving party at Step by convening or demandingthe convening of a meeting as outlined at Step within twenty (20) days of the occurrence complained of. If a mutually agreeable solution cannot be reached at such meeting, then the grieving party may demand the be taken to arbitration by notice in attendance at this writing to the other within fifteen (15) days following such meeting. If Should the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or grieving party exceed the Company may initiate a grievance beginning at Step of above time limit, the Grievance Procedure. Such grievance shall be filed within five (5) working days of considered to have been abandoned. Grievances permitted by this clause shall be lodged by the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either University with the Union in Local President and by the case of a Union grievance with the Assistant Vice-president, Human Resources or the Company in the case of a Company grievancedesignate. The Union It is expressly understood that this procedure may not institute be used with respect to a grievance directly situation primarily affecting an any employee or employees which such employee or employees could themselves institute and raise as an individual grievance thereby by-passing the regular Grievance Procedure grievance procedure. It is further understood that the provision for the extension of time limits by agreement shall not thereby apply to this Article. Where two (2) or more employees have identical grievances and each employee would be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude entitled to grieve separately, they may present a group grievance signed by a group of employees commencing in writing at Step Any complaint or grievance which is not commenced or processed through the next stage step two of the Grievance or Arbitration Procedure within the time specified grievance procedure. Nothing herein shall be deemed to have been droppedpreclude an employee from discussing Employeel problems personal or job related, with line supervision or members of the Supervisor Human Resources as appropriate. However, time limits specified Any discussions between a representative Discussions of the Universityand the directly related to an outstanding grievance as defined in this article must be with Union representation. The University or any of its representatives shall not make any arrangements Agreement with an employee which are inconsistent with the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Unionprovisionsof this Collective Agreement. An employee who shall have the right to have xxxxxxx present at any discussionwhich the supervisor has been discharged or suspended may file identifiedas disciplinary in nature. The supervisor will encourage the employee to exercise right to be accompaniedby a written grievance at Step within five (5) working days of xxxxxxx, if the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beemployee so chooses.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties An employee who is refused employment, discharged, suspended, laid off or transferred from his employment has the right to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both file a grievance with the Company and through the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Union within five (5) working business days of the incident giving rise its occurrence subject to the complaintprocedure outlined herein. Where the employee has a grievance while working on board a vessel, he must present his grievance on Standard Grievance Form (if available) to the Captain or Chief Engineer with a copy to the ship's delegate within ten days of its alleged occurrence. Upon request of the grieving employee, the ship's delegate shall assist in the grievance procedure. He shall not be subject to discipline for assisting the in the grievance procedure, provided such assistance does not interferewith the operating of the ship. The immediate Supervisor Captain or Chief Engineer shall answer acknowledge receipt and reply to the grievance completing and returning to the a duly completed Standard Grievance Form within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of grievance. If settlement is not achieved upon receipt by the reply of the Plant ManagerCaptain's or Chief Engineer's reply, the shall submit the standard Grievance Form to the Union immediately. Within thirty (30) days of the Captain's or Chief Engineer's reply, the office of the Executive Vice-president of the Union shall submit the duly completed Standard Grievance Form to the head representativeof the Company. Within thirty (30) days of the date the grievance is submitted by the Union to the Company's head office, the Company shall reply enclosing a copy of the duly completed Standard Grievance Form. The Union's National Representative will Union shall also have the right to submit a grievance in writing to the Company on behalf of all the employees in the bargaining unit or a group or category thereof within thirty (30) days of the occurrence giving rise to the grievance. In both these instances above, the Company shall reply to the Grievance as per above. A Labour Management Meeting shall be in attendance at this meetingheld between the Company and the prior to a grievance being referred to arbitration. If the grievance is not settled within five (5) working days it may at the meeting referred to in above, the grievance must be referred to arbitration as hereinafter providedwithin ten (10) days thereafter. The Union Any grievance involving the interpretation or the Company may initiate a grievance beginning at Step alleged violation of the Grievance Procedure. Such grievance shall be filed within five (5) working days any provisions of the incident giving rise this Agreement which has not been settled to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case satisfaction of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the UnionUnion by conference or negotiation, may be submitted to an arbitration board. An employee Matters involving any request for a modification of this Agreement or which are not covered by this Agreement shall not be subject to arbitration. The arbitration board shall consist of one (1) Arbitrator who shall be jointly selected by the Union and the Company. This selection shall be made within ten days after the request for arbitration has been discharged made by either party to this Agreement. In the event that the parties fail within the said ten day period to agree upon the selection of an Arbitrator, the matter may be referred by either party to the Minister of Labour for Canada, who shall select and designate the Arbitrator. In the event the arbitration board is vacated by reason of death, incapacity or suspended may file a written grievance at Step resignation, or for any other reason, such vacancy shall be filled in the same manner as is provided herein for the establishment of the board in the first instance. A statement of the dispute or question to be arbitrated shall be submitted by both parties, either jointly or separately, to the Arbitrator within five fifteen (515) working days of his appointment. The arbitration board shall convene within twenty (20) days following the discharge appointment of the Arbitrator unless otherwise mutually agreed by the parties, and shall render its decision as soon thereafter as possible. The decision of the board shall be limited to the dispute or suspensionquestion contained in the statement or statements submitted to it by the parties. In taking disciplinary action within twenty-four (24) months from The decision of the date arbitration board shall not change, add to, vary or disregard any conditions of a suspension or dismissal (reinstatement) for a similar infractionthis Agreement. The decisions of the Arbitrator, which are made under the authority of this Arbitration Article, shall be final and binding upon the Company, the Company may consider Union and all persons concerned. The expenses, fees and costs of the employeeArbitrator shall be paid by the party to this Agreement found to be in default upon the Arbitrator's entire record preceding suspension or dismissal (reinstatement)resolution of the grievance or, as if the case may beArbitrator resolves the grievance in such a way that neither side shall be found wholly in the right, then the Arbitrator shall also establish the proper split of the expenses, fees and costs between the two parties in the proportion appropriate to the share of responsibility that each side had in the production of the grievance. In taking disciplinary action within twelve 2) months from Should a difference of opinion arise on the date interpretation of an oral or written warning for a similar infractionthe Collective Agreement, it is understood that the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beEnglish text shall prevail.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the UnionWhen an employee has a complaint, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an taken up between the aggrieved employee will, with and the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor xxxxxxx shall answer the grievance render his decision within five two (52) working days. Failing a satisfactory settlement, then: The grievance shall specify will be presented in writing and will be taken up between the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will aggrieved may be present if he so desires, or at the request of either party. The Plant Manager shall render his decision in attendance writing within two (2) working days. Failing a satisfactory settlement, then, The matter may be taken up, within seven (7) full working days, between the Union Committee and the Plant Manager. The aggrieved may be present if he desires, or at the request of either party. A representative of the Union may be present at this meetingstep, at the request of either party. If the grievance is not settled The Plant Manager shall render his decision in writing within five three (53) working days it may be referred to arbitration as hereinafter provideddays. The Union or the Company may initiate a grievance beginning Failing satisfactory settlement at Step of No. the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred submitted to arbitration. If arbitration under Article by either is not evoked within a period of ten (10) working days, the grievance will be considered to have been settled or abandoned. Any difference arising directly between the Union in the case of a Union grievance or and the Company in relating to violations, interpretations and applications of the case Agreement shall be processed under the provisions of a Company grievancethis Article and shall be initiated at Step No. The Company recognizes the right of the Union to grieve on behalf of individual employees. At any stage of the grievance procedure, including arbitration, the conferring parties may not institute a grievance directly affecting an have the assistance of the employee or employees which such employee or employees could themselves institute concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed conferring parties to have been droppedaccess to the plant to view disputed operations and to confer with the necessary witnesses. However, Any and all time limits specified in the Grievance Procedure may fixed by this Article may, at any time, be extended by mutual written agreement in writing between the Company and the Union. An All decisions arrived at between the Company and the representatives of the Union shall be final and binding upon the Company, the Union, and the employee or employees concerned. When either party requests that any matter be submitted to arbitration, as herein before provided, it shall make such requests in writing, addressed to the other party to this Agreement. At the same time, the party requesting arbitration shall notify the Minister if Labour for the Province of Ontario, and request him to appoint a sole Arbitrator for the stated grievance. No person may be appointed as an arbitrator who has been discharged involved in an attempt to negotiate or suspended settle the grievance. No matter may file a written grievance at Step within five (5) working days be submitted to arbitration, which has not been carried through all previous stages of the grievance procedure. Each of the parties hereto shall share the expenses of the Arbitrator appointed. In determining any discharge or suspension. In taking any other disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infractiongrievance, the Company may consider Arbitrator shall have the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.authority to:

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is Association shall appoint a Grievance Committee of three members and shall file notice annually with the Corporation of the utmost importance names of the Fire Fighters serving on the Grievance Committee. The Corporation shall also be notified of changes in the personnel of the said Grievance Committee which may take place from time to adjust time. No Fire Fighter or group of Fire Fighters shall be permitted to lodge a Grievance with Council, or any member of Council, except as expressly provided for herein. It the mutual desire of the parties that complaints and grievances of Fire Fighters shall be adjusted as quickly promptly as possible. Unless agreed In the first instance, the Fire Fighter shall submit, in writing, any to by both the Company and Officer in charge of his shift within hours of the Unionevent upon which the complaint is based, no (except that if he is on vacation or lieu days when the event occurs, he shall be allowed hours from when he returns to duty to place the complaint). The Officer in charge of the shift shall give his answer, in writing, together with the principal reason therefore within hours of receipt of complaint. If not settled, the alleged grievance shall be presentedsubmitted to the Chief or representative, in writing, within hours of the reply, outlining the alleged facts. The Chief or representative shall give his decision, in writing, together with the principal reasons therefore within hours of receipt of grievance. Continued: If not then settled, the alleged circumstances of which originated or occurred, or should have come Fire Fighter may refer the matter to the attention of Grievance Committee who shall give due consideration to the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A alleged grievance and after having satisfied themselves that there is just cause for grievance they shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise receipt of the answer at Stage submit in writing to the complaintDirector of Community Services details of the grievance. The immediate Supervisor Director of Community Services shall answer meet with the grievance Grievance Committee and the Fire Fighters within five (5) working days. The grievance shall specify the Article or Articles and subsections days of the Agreement receipt of which a violation is allegedthe written grievance and shall give his decision in writing, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied together with the disposition of the grievance at Step the grievance may be referred to the Plant Manager principal reasons therefore within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer meeting. If not then settled, the grievance in writing shall, within five (5) working days of such meeting. STEP If no settlement is reached at Step be submitted in writing to the Chief Administrative Officer who shall meet with the Union Grievance Committee and representatives the Fire Fighter within ten (10) days of Management receipt of the written grievance. The decision of the Chief Administrative Officer shall meet to discuss be given within ten (10) days after the meeting, in writing, together with the principal reasons therefore. If not then settled the grievance shall, within five (5) working days of receipt of be submitted in writing to City Council who shall arrange to meet with the reply of Grievance Committee and the Plant ManagerFire Fighter within a further ten (10) days. The Union's National Representative will decision of City Council shall be in attendance at this meeting. If the grievance is not settled given within five (5) working days, in writing, together with the principal reasons therefore. If not then settled, the grievance shall, within twenty (20) days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step Arbitration by written notice given in accordance with Section subsection of the Grievance ProcedureFire Departments Act. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the In case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Fire Fighters have an alleged grievance, it shall be taken Any complaint difference arising directly between the Association and the Corporation concerning the interpretation or grievance which is not commenced or processed through the next stage violation of the Grievance or Arbitration Procedure within terms and provisions of this Agreement, may be submitted to either party by the other at Stage In determining the time specified within which any step is to be taken under the foregoing provisions of this Article, Saturdays, Sundays and Statutory and declared Holidays shall be deemed excluded. Continued: to permit the conferring parties to have been droppedaccess to the Department, to view disputed operations, and to confer with the necessary witnesses. However, The time limits specified fixed in both the Grievance Procedure and Arbitration procedure may be extended extended, in writing, by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days consent of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The For the purposes of this agreement, a grievance is defined as a difference arising between the parties relating to this Agreement are agreed that it is the interpretation, application, administration or alleged violation of the utmost importance agreement including any question as to adjust whether a matter is arbitrable. Also for purposes of Article "supervisor" is deemed to be the non-union supervisor. For the purposes of Articles and all time limits therein shall be deemed to be exclusive of Saturdays, Sundays and paid holidays. It is the mutual desire of the parties that all complaints and grievances will be adjusted as quickly as possible. Unless agreed It is understood that any employee may present an oral complaint at any time to immediate supervisor without resorting to the grievance procedure below. Except where otherwise provided, it is understood that an employee has no grievance unless and until the matter is first discussed with the employee's immediate supervisor or in the case of a job posting dispute, with the Supervisor concerned. If upon completion of said discussion the matter is not resolved, it may be grieved and disposed of in the following manner: The employee may submit a written grievance to Branch Head, Head of Technical Services or Business Administratoror in the case of ajob posting dispute to the Supervisor concerned. Such grievance must be submitted within ten (10) WORKING days for full time employees; or ten (10) CALENDAR daysforpart time employees, of the occurrenceof the event which gave rise to the grievance and must be signed by both the Company employee claiming to be aggrieved and the Unioncommittee member, no grievance at which time the matter will be discussed. The employee shall be presentedaccompanied by hisher committee member. The supervisor shall submit hisher answer in writing within two (2) WORKING days for full time employees; or two (2)CALENDARdaysforpart time employees, of the filing of the grievance at Step Failing settlement of the grievance at Step or failure of the supervisor to submit hisher reply within the prescribedperiod, the alleged circumstances employee and the committee member shall present hisher grievance in writing to the Chief Librarian or non-union designate of which originated or occurredthe Employer within five (5 )WORKING days for full time employees; (5)CALENDARdaysforpart time employees after the reply is received, or should have come to the attention been received, in Step The Chief Librarian or non-union designate shall convene a meeting of the employee concerned, more than five (5) working days prior parties to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer consider the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections WORKING days for full time employees, orfive (5) CALENDAR daysforpart time employees, of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition filing of the grievance at Step The shall be represented by the grievance may be referred to committee and the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise present. Either party may have outside representationup to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within two persons provided twenty-four (24) months hours notice of such representation is given in advance to the other party. The Chief Librarian or non-union designate shall have seven (7)WORKING days for full time employees; or seven (7) CALENDAR daysforpart time employees, from the date of such meeting to render a suspension or dismissal (reinstatement) for a similar infraction, decision. All policy grievances shall be initiated in writing at the Company may consider Step level of the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may begrievance procedure.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are have agreed that it is of the utmost importance to adjust complaints and grievances grievance as quickly as possible, It is generally understood that an employee has no complaint or grievance until he, either directly or through the Union, has first given his immediate an opportunity to adjust the complaint. Unless If, after registering the complaint with the supervisor, such complaint is not settled within two (2) regular working days or within any longer period which may have been agreed to by both the Company and parties, then the Union, no following Steps of the Grievance Procedure may be invoked: The grievance shall be presented, submitted in writing through the alleged circumstances of which originated or occurred, or should have come Union to the attention City Manager within ten (10) business days of the employee concernedcircumstances giving rise the grievance. The City Manager or Operations Manager shall hold a meeting with the employee, more than Xxxxxxx and Chief Xxxxxxx within a further five (5) working business days prior and shall communicate his position to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an the employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) business days of such meeting. Ifthe matter is not settled, then within three (3) working days of the incident giving rise City Manager or Operations Manager reply, the Union Staff Representative may request a meeting with the Company’s Management. In such case the meeting shall be held between the Company and the Union Staff Representative and the Union Xxxxxxx involved and/or the Chief Xxxxxxx and/or the as as is practicably possible, but no later than two (2) weeks after the Company receives notification from the Union that such meeting is desired. If the matter is not disposed of at such a meeting, the Company Representative shall render a written decision to the complaint. The immediate Supervisor shall answer the grievance Union within five (5) working days. The grievance shall specify If the Article or Articles and subsections Union wishes to proceed to arbitration, the Union shall, within thirty- one (31) days after the receipt of the Agreement Company’s written decision, deliver to the Company a notice in writing stating that it wishes to take the matter to arbitration. A by an employee, other than a probationary employee, that he has been unjustly discharged or suspended shalt be treated as a grievance if a written statement of which a violation such grievance is alleged, indicate lodged with the relief sought and be signed by the employee. STEP Should City Manager within ten (10) business days after the employee be dissatisfied with ceases to work for the disposition of the grievance at Step the Company. Such special grievance may be referred settled by: the Company’s action to discharge or suspended the employee, or Reinstating the employee with full seniority and Compensation for lost wages and benefits, or Any other arrangement, which in the opinion of the conferring parties, or the Arbitrator, is just and equitable. Where a difference arises between the parties relating to the Plant Manager interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties after properly exhausting all Steps of the Grievance Procedure set forth in this Agreement, may notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the first party‘s suggestions for an impartial Arbitrator. The recipient of the notice shall within five (5) working days after receipt the other party of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days name of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingits suggested Arbitrator. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step recipient of the Grievance Procedure. Such grievance shall be filed within five (5) working days of notice fails to suggest an Arbitrator or if the incident giving rise parties fail to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting agree upon an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure Arbitrator within the time specified limit, the appointment shall be deemed made by the Minister of Labour for the Province of Ontario upon the request of either party. The Arbitrator will hear and the difference or allegation, shall issue a decision and the decision shall be final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to have been droppedmake any decision, which is contrary to, or inconsistent with, the provisions of the Agreement. However, time limits specified The decision of the Arbitrator constituted in the Grievance Procedure may above manner shall be extended binding on both parties. The compensation and expenses of the Arbitrator shall in all cases be equally by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed Employer agrees that it is of the utmost importance to adjust complaints and grievances shall be adjusted as quickly as possible. Unless agreed Any employee shall have the right to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxxa Union Representative(or Stewards) if he or she so desires. Any grievance or dispute relatingto the interpretation, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result applicationor alleged violation of this discussionAgreement or the terms or conditions of employment as set forth herein, then it may shall be dealt with as followsin the following manner: STEP The employee or employees having a grievance or complaint shall a written grievance first discuss it with his immediate Supervisor or her supervisor within five (5) working days of the incident giving rise to the after such grievance or complaint has arisen. The immediatesupervisor shall give an answer within fortyeight (48) hours from presentationof such grievance or complaint. The immediate Supervisor shall answer STEP Failing settlement after Step the grievance employee or the Chief Xxxxxxx shall, within five (5) working days. The grievance shall specify days after the Article or Articles and subsections receipt of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of answer at Step present the grievance at inwriting to the Department Head who shall render a decision in writing within three (3) days presentationof such grievance or STEP Failing settlement under Step the grievance may be referred to the Plant Manager matter shall, within five (5) working days after receipt of the immediate Supervisor's reply at decision in Step The Plant Manager shall convene a meeting with be presented to the and Hospital Administrator to be taken up betweenthe the Chief Xxxxxxx and shall answer the grievance Hospital Administrator within three (3) days of the presentation of such grievance. At this meeting the Union Business Manager or his nominee may be present if required by either party. A decision must be rendered by the HospitalAdministratorwithin three (3) days from such meeting. STEP Failing settlement under Step of any difference between the Parties the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be referred to Arbitration as provided in writing Article If Arbitration is to be invoked, a written request for Arbitration must be given to the Hospital Administrator within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss after the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.dealt with in Step

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is For the purpose of the utmost importance grievance proce- dure provided hereunder and commencing with Step Two thereof, there shall be a Grievance Committee of Local composed of not more than three (3)Local Officers as designated by the President of Local Local acknowledges and agrees that Stewards, members of its ' and Grievance Committees and Officers of Local have regular duties to adjust complaints perform as employees of the Metropoiitan Corporation and grievances as quickly as possiblethat such employees will not leave their regular duties to assist employees in preparing their grievance without obtaining the permission of their Depart- ment Head or someone designated by him and will similarly report upon returning to their regular duties. Unless agreed In computing the time worked by such employees for the Metropolitan Corporation, the Metropolitan Corporation not deduct the time occupied by them in attending to by both the Company business of the Union under this sub-clause during working hours and the UnionMetropolitan Corporation deduct wages in respect of the time occupied. Whenever an employee is requested to report for a disciplinary discussion with two or more supervisory personnel, prior to any nary action being taken or a grievance being lodged, such employee shall have the right of having a Shop Xxxxxxx or Union present at such meeting as an observer or, if presence of an employee of choice who is on duty at his place of work at the the discussion takes place. When no disciplinary notations have been included in an employee's personal departmental file for a two-year period, said employee may request the removal of any written reprimand Included In such file, and upon such request, said shall be removedfrom the file and stricken from the record. For the purpose of the grievance proce- dure, 'working days" shall be Monday to Friday inclusive. Whenever and so often as any employee is suspended or dismissed for cause, the grievance procedure as set forth In this clause shall apply except that the grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing initiated at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager Two within five (5) working days after receipt the said employee ceases to be employed by the Metropolitan Corporation. Any grievance of an employee for not being selected for a. position under the immediate Supervisor's reply Job Call procedure will be similarly initiated at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing Two within five (5) days of the employee being advised in writing that he was not selected for the position for which he was considered and the may attend the Step Two meeting. If such position is within a Department other than the employee's Department, the grievance shall be directed, by Local to that Head of the Department in which the vacancy occurred. Upon receipt of such grievance, the Department Head or his Nominee shall confer with the Xxxx- xxxx Representative and/or the representative of Local within five working days and shall advise Local in writing of his decision with respect to the grievance within three working days of such meetingthe said conference. STEP If no settlement In the event the Department Head does not provide redress satisfactory to Local may process the grievance to Step Three of the grievance procedure in accordance with Article Where an allegation is reached made by an employee that Article "Sexual Harassment" has been violated, a grievance shall be initiated at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance Two within five (55)days after such violation is alleged to have occurred. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has violated (such difference or allegation, being hereinafter referred to as "The Grievance"), the following grievance procedure shall apply, namely: Local through the Shop Xxxxxxx, shall within four (4) working days (eight (8) work- ing days in Department of receipt Ambulance Ser- vices after the grievance first arises, the said grievance end redress sought in writing signed by the employee the grievance with the immediate superior of the reply of the Plant Manager. The Union's National Representative will be employee Involved, who shall confer forthwith with such employee and who shall render his decision in attendance at this meeting. If the grievance is not settled writing within five two (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (52) working days of the incident giving rise time of the conference. The employee may be accompanied at the said conference by the Shop Xxxxxxx or Business .Representative of Local if he desires. In the event that the immediate of the employee involved does not provide redress satisfactory to Local it may within seven (7) working days after the receipt of the aforesaid written decision of the said immediate superior, forward to the complaint Department Head a copy of the grievance, together with a copy of the written decision of the said immediate superior and be upon receipt of such copies the Department Head, or his nominee, forthwith confer with the Business Representative and/or the Grievance of Local and shall advise Local in the form prescribed writing of his decision in Step Any such grievance may be referred respect to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five seven (57) working days of the discharge or suspensionsaid con- xxxxxxx. In taking disciplinary action the event that the Department Head does not provide redress satisfactory to Local it may within seven (7) working days after the receipt of the aforesaid written decision of the Department Head, forward copies of the grievance and the written decisions as provided for In Step One and Step Two to the Commissioner of Personnel of the Metropolitan Corporation and, upon receipt of such copies, the Commissioner of Per- sonnel or his nomineeshall conferforthwith with the authorized representatives of Local and the Commissioner of Person- nel or his nominee shall advise Local in writing within ten (10) working days after the said conference of his decision in respect to the grievance. In the that the Commissioner of Personnel does not provide redress satisfactory to Local Local may, within twenty (20) working days after the receipt of the written decision of the Commissioner of Personnel, require that the grievance be submitted to ar- bitration by notifying the Metropolitan Corporation in writing of its desire so to and the notice shall contain the nameof the appointee of Local to an Arbitration Board. The Metropolitan Corporation shall, within three (3)days after the first meeting of the Councilfollowing the sub- mission of the grievance to arbitration Local advise of the name of appointeeto the Board, The two appointees so selected shall, within (5) days appoint- ment of the second them appoint a third who shall If the two appointeesfail to agree upon within the time limited, lodgingthe grievanceshall (15) days request the Minister of for Ontario, inwriting, to appoint a Chairman anda copy such shall be forwarded concurrently to the other appointee to such Board. The Ar- bitration shall hear and deter- mine the grievance and shall issue a decision, andthe decision shall be bind- ing upon both Local and the MetropolitanCorporationand upon any affectedby it. Thedecision of a majority shall be the decision of the Arbitration Board, but if there no majority the decision of the Chairman shall govern. Each of the parties hereto will bear the expenses of the nominee appointed to represent it andthe partieswill jointly in equal shares bear the expenses, any, ArbitrationBoard and the cost of the room or rooms in which the arbitration is held. Local in submitting the grievance to arbitration may request that such may be deter- mined by a single arbitrator, where upon the par- ties shall endeavour to reach agreement as to a suitable arbitrator for such purpose and the Metropolitan Corporationshall have ten (10) work- ing days after the receipt of the notice to advise Local of its concurrence in having the grievance determined by such named arbitrator who shall hear and determine the grievance and shall a decision. in the event of failure of the parties to agree as to an appropriate arbitrator, the Metropoiitan Corporation shall, within a period of twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.one

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties that employee complaints and grievances be adjusted as quickly as possible. Unless agreed In order to by both effectively deal with alleged violations of the Company and collective agreement, such allegations will be acted upon in the Union, no grievance following manner: Step One: Employees shall first give their immediate supervisor the opportunity of adjusting their complaint. Such complaint shall be presentedin writing on a complaint form, the alleged circumstances of which originated or occurred, or should have come given to the attention of supervisor within ten (10) g days after the employee concerned, more than circumstances giving rise to the complaint have occurred. Within five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Articlereceiving the complaint, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, the supervisor will meet with the assistance of his xxxxxxx, refer employee to discuss the on an informal basis to his immediate Supervisorcomplaint. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee may beaccompanied by one union representative. The supervisor shall a written grievance with his immediate Supervisor return the form to the employee within five (5) working days of the incident giving rise meeting, with their written response. Failing settlement, it may then be forwarded to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of response. In the Plant Manager. The Union's National Representative will be in attendance at this meeting. If event the issue concerns a posting, the grievance is not settled within five (5) working days it may shall be referred to arbitration as hereinafter provideddiscussed with the Supervisor making the hiring decision. The Union or the Company may initiate a Such grievance beginning shall originate at Step of the grievance process. Step Two: If the complaint is not resolved at Step One, the Grievance Procedure. Such grievance shall be filed Chair or designate may forward a grievance, in writing, to the Director of Employee Relations or designate, within five (5) working days of the incident giving rise receipt of the response at Step One, and attach a copy of the Step One form. The written grievance, signed by the aggrieved employee union representative must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement, which are alleged to have been violated. The parties agree that the carriage of the grievance remains with the Union. A meeting will be held within fifteen (1 5) working days from the date of receipt of the grievance at Step Two. The meeting will include the appropriate management and union representatives. A decision shall be delivered, in writing, to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage Chairperson of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. HoweverCommittee, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date on which the meeting was held. The Region may, at its discretion to consider a complaint or a grievance filed directly at Step or having considered it, refuse to agree to the arbitration of any matter, the alleged of which more ten (10) days prior to the filing of a suspension or dismissal (reinstatement) for complaint a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.grievance in

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to this Agreement are conditions and the interpretation, administration or alleged violation of the Agreement, including any questions as to whether a matter is arbitrable. It is understood and agreed that it is the may be assisted by Grievance Committee at all steps of the utmost importance to adjust complaint or grievance procedure. It is understood and agreed that the may be assisted by the representative at all steps of the grievance procedure. It is the mutual desire of the parties that all complaints and grievances be adjusted as quickly as possible. Unless agreed It is understood that any employee may present an complaint at any time to by both immediate supervisor without resorting to the Company and the Uniongrievance procedure below. Except where otherwise provided, it is understood that an employee has no grievance shall be presented, unless and until the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, matter is first discussed with the assistance of his xxxxxxx, refer the on an informal basis to his employee’s immediate Supervisorsupervisor. The employee may be accompanied by xxxxxxx if so desires. If upon the grievance cancompletion of said discussion the matter is not be settled as a result of this discussionresolved, then it may be dealt with as follows: STEP grieved and disposed of the manner. The employee shall must submit a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working daysSupervisor. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, alleged and shall contain a statement of the facts relied upon and indicate the relief sought sought. Such grievance must be submitted within ten (10) days of the occurrence of the event which gave rise to the grievance and must be signed by the employeeemployee to be aggrieved. STEP Should A shall be arranged to discuss the grievance. The employee may be dissatisfied with accompanied by committee member. The member of Management to whom the disposition grievance was submitted shall submit the answer in writing within ten (10) days of the filing of the grievance at Step Failing settlement of the grievance may be referred at Step No. or failure of the appropriate member of Management in Step No. to submit the reply within the prescribed the employee shall present the grievance in to the Plant Manager Department Director of the Society within five (5) working days after the time the reply is received or should have been received in Step No. A shall be arranged to discuss the grievance. The Department Director shall have five (5) days from the date of receipt to render a decision. Such decision shall be in writing. Failing settlement of the immediate Supervisor's reply grievance at Step The Plant Manager No. or failure of the appropriate member of Management Step No. to submit the reply the prescribed period, the employee shall convene a meeting with the and Chief Xxxxxxx and shall answer present the grievance in writing to the Director of Human Resources within five (5) working days of such meetingfrom the time the reply is received or should have been received in Step No. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management A meeting shall meet be arranged to discuss the grievance within grievance. The Director of Resources shall have five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of receipt to render a suspension decision. Such decision shall be in writing. Where it appears that two (2) or dismissal (reinstatement) for a similar infractionmore employees have the same grievance, the Company may consider Union shall process the employee's entire record preceding suspension or dismissal (reinstatement), grievances as one grievance subject to all applicable provisions under the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may begrievance procedure.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the desire of the utmost importance to adjust parties hereto that complaints and grievances of the nurses will be adjusted as quickly as possible. Unless agreed to by both possible and it is understood that a nurse has no grievance until the Company and cornplaint has been first discussed with the UnionUnit Manager, no A grievance shall be presenteddefined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the alleged Collective Agreement. A nurse having a complaint or one designated member of a group having a complaint shall, within seven (7) days after the circumstances of which originated giving rise to the complaint having occurred or occurred, or should ought reasonably to have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cancomplaint not be settled as a result of this discussionadjusted by the Unit Manager within seven (7) days, then it the nurse may be dealt with as follows: STEP The employee shall submit a written grievance with his immediate Supervisor signed by the nurse involved to the Director of Resident Care within five seven (57) working days of after the incident giving rise period allowed to the Unit Manager to adjust the complaint. The immediate Supervisor shall answer Director of Resident Care will deliver her decision in writing to the nurse within seven (7) days following the day on which the grievance within five (5) working dayswas presented to her. Failing settlement, then: The grievance may be submitted by the nurse alone or with a nurse representative within seven (7) days thereafter Administrator or her designate who shall specify call a meeting with the Article or Articles and subsections Grievance Committee which meeting shall be held within seven (7) days of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition submission of the grievance at Step unless extended by written agreement of the grievance parties, It understood and agreed that a representative of the Ontario Nurses' Association and the may be referred present at the meeting. It is further understood that the Administrator or her designate may have such counsel and assistance as she may desire at such meeting, The decision of the Employer shall be delivered in writing to the Plant Manager nurse and the nurse representative within five seven (57) working days after receipt of following the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days date of such meeting. STEP If no settlement is reached at A copy of all Step grievance replies shall be sent to the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingEmployment Relations Officer. If the grievance decision is not settled within five (5) working days unsatisfactory, it may be referred to arbitration as hereinafter providedarbitration. The Union or violation of the Company may initiate a grievance beginning Agreement shall be originated at Step of within fourteen (14) days following the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident circumstances giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a A grievance directly affecting an employee or employees which such employee or employees could themselves institute and by the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified Employer shall be deemed to have been dropped. However, time limits specified in filed with the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.Local President

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance shall be presented, the alleged circumstances of which originated until he or occurred, she has given his or should have come her Manager or designate an opportunity to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to adjust the complaint. The immediate Supervisor If an employee has a complaint, he or she shall answer the grievance within five (5) working days. The grievance shall specify the Article discuss it with his or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant her Manager or designate within five (5) working days after receipt the circumstances giving rise to the complaint have originated or occurred and, failing settlement, it may then be taken up as a grievance within ten working days following advice of the immediate Supervisor's reply at Step Manager or designate’s decision in the following manner and sequence: The Plant Manager grievance shall convene a meeting state the nature of the grievance and the remedy sought: The employee, with the assistance of his or her xxxxxxx, may submit a written grievance, signed by the employee and Chief Xxxxxxx and by a xxxxxxx, to the Business Manager or designate. The grievance shall answer state the nature of the grievance and the remedy sought. The Business Manager or designate will deliver his or her decision in writing within five seven (57) working days of such meeting. STEP If no settlement is reached at Step following the the Union Grievance Committee and representatives of Management shall meet to discuss date on which the grievance within five was presented. Failing settlement, the grievance will proceed to Step No. Step No. 2: Within seven (57) working days of receipt of following the reply of decision under Step No. the Plant Manager. The Union's National Representative Union may submit the written grievance to the Administrator or designate, at which time the matter will be reviewed and a decision in attendance at this meeting. If the grievance is not settled writing will be given within five seven (57) working days it may be referred to arbitration as hereinafter providedfrom the date on which the written grievance was lodged with him or her. The Union or the Company Employer may initiate request a meeting with the other to discuss a grievance beginning at Step No. at a time and place mutually agreeable. A representative of the Grievance ProcedureUnion and the grievance committee may be present at such meeting. Such A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the agreement (which would not normally be grieved by an individual employee), or a grievance involving a group of employees shall be filed originated under Step No. Failing settlement under Step No. within five fifteen (515) working days, it may be submitted to arbitration in accordance with Article Any grievance by the Employer or Union as provided in this paragraph shall be commenced within ten working days of the incident circumstances giving rise to the complaint and be in complaint. Failing settlement under the form prescribed in Step Any foregoing procedure of any grievance between the parties arising from the interpretation, application or alleged violation of this agreement, including any question as to whether a matter is arbitrable, such grievance may be referred submitted to arbitration as set forth in Article If no written request for arbitration is received within fifteen (15) working days after the decision under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievanceStep No. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified given, it shall be deemed to have been droppedsettled and not eligible for arbitration. HoweverAll agreements reached under the Grievance Procedure between the representatives of the Employer and representatives of the Union will be final and binding upon the Employer and the Union and the employees. Where no answer is given within the time limits specified in the Grievance Procedure, the employee concerned and the Union and the Employer shall be entitled to submit the grievance to the next step of the Grievance Procedure. Any grievance not processed within the time limits specified in the Grievance Procedure may or in accordance with this Article shall be extended by mutual agreement in writing between the Company deemed to have been settled and the Unionineligible for arbitration. An employee who has been discharged or suspended may file Grievances about layoff start with a written grievance lodged at Step within five (5) working days No. The parties may agree that there are circumstances where the services of a grievance mediator may allow for an objective, independent review of the discharge or suspensionissues in dispute and assist the parties in resolving grievances. In taking disciplinary action within twenty-four (24) months from The parties agree to share the date costs of the mediation. By mutual agreement, the parties may agree to use the services of a suspension or dismissal (reinstatement) mediator and extend the time limits for a similar infraction, the Company may consider appointment of the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bearbitration board if such is required.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of the utmost importance this Agreement to adjust complaints and grievances as quickly as possiblepossible grievances arising from the application, interpretation, or alleged violation of this Agreement. Unless agreed to by both In the event of a dispute between any member or members of the Bargaining Unit and the Company in reference to the application, administration, interpretation or alleged violation of this Agreement, the following procedure shall be followed for adjustment and settlement thereof. It is agreed that time is of the essence and both parties agree that time limits will be strictly observed unless modified as provided in Article STEP Within six (6)working days following the event or from when the employee should have known of the events on which the grievance is based, the employee (or designee if appropriate due to circumstances surrounding the matter) will present a grievance in writing to the Station Manager or his designee. The grievance will state the facts upon which it is based and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five specific remedy that is sought. STEP Within thirty (530) working days prior of receipt of the grievance the Station Manager will hold a Grievance Meeting. The such Union representation as the requires to its original presentation a maximum of three persons, the Station Manager or his designee and such other persons as the Station Manager feels appropriate to a maximum of three persons will be in attendance. The Station Manager will reply in writing at Step A grievance shall consist to the and the Local President within ten days of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreementthe Grievance Meeting. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within Within five (5) working days of delivery of the incident giving rise Station Manager's reply, either party may elect to refer the matter to arbitration as provided for in Article Failing such election, the matter shall be considered closed. Notwithstanding Article any grievance the discharge of an employee may be submitted directly to the complaint. The immediate Supervisor shall answer the grievance Station Manager or his designee at Step within five ten (510) working days. The grievance shall specify the Article or Articles and subsections calendar days of the discharge. If either of the parties considers that this Agreement of which a violation is allegedbeing misunderstood, indicate the relief sought and be signed misinterpreted or violated in any respect by the employee. STEP Should other, the employee matter may be dissatisfied with the disposition submitted as a written grievance and discussed between representatives of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the Company and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will who may be in attendance at this meetingaccompanied by a Union representative. If the grievance is not satisfactorily settled within five ten (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (510) working days of the incident giving rise above meeting, either party may refer the matter to arbitration. If either party, following the exercise of the grievance procedure, wishes to refer a matter to arbitration as provided in hereof, it shall, within thirty days of the completion of the last meeting contemplated in Step hereof, give to the complaint other party to this Agreement written notice of its intention to arbitrate, at the same time specifying one of the following list of arbitrators as being not acceptable: -Xxxxx Xxxxxxxxx -Xxxxx Xxxxxxxx -Xxxxx The party receiving the said notice of intention to arbitrate shall, within two (2) days, by way of telephone, acknowledge receipt of the said notice, and at the same time, specify one of the remaining list of arbitrators as being not acceptable; thereafter, the party submitting the matter to arbitration shall reciprocate by one of the remaining arbitrators from the list and the parties shall continue to alternate striking names from list until such time as a single name remains on the list and shall be deemed thereby to have been appointed the arbitrator to hear the matter in dispute by mutual agreement of the parties, and shall be notified forthwith as provided for in the form prescribed letter in Step Any such grievance may Appendix "A" to this Agreement. In the event that the arbitrator so appointed should prove unable to hear the case, the selection process shall be referred repeated again from the beginning. The hearing must commence within six (6) weeks from the date of acceptance by the arbitrator to arbitration under Article by either the Union in hearing of the case of a Union grievance or the Company in the case of a Company grievance. Should the selected arbitrator from the panel not be available, and failing agreement in selecting an alternate arbitrator, either party may request the Minister of Labour to appoint an arbitrator. The Union may not institute a grievance directly affecting decision of the arbitrator shall be final and binding upon the parties and upon any employee affected by it. The parties will jointly bear the expense of an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next arbitrator in equal At any stage of the Grievance Procedure, including arbitration, all reasonable arrangements will be made to permit conferring parties to have assistance of the employees concerned and any necessary witnesses, to have access to the plant, and to view disputed operations, provided that such arrangements do not cause unnecessary cost to the Company or Arbitration Procedure within interfere with Company operations. If it is determined by the time specified arbitrator that any employee has not been suspended, discharged or disciplined for proper and sufficient cause, the board may make any decision which is just and equitable and which may or may not include full reinstatement of the employee. The arbitrator shall have the and authority to interpret and apply the provisions of this agreement insofar as shall be deemed necessary to the determination of the grievance or dispute, but shall not have been droppedany jurisdiction or authority to alter in any way or to add to or subtract from or modify any of the terms of this Agreement. However, Any and all time limits specified in the Grievance Procedure by this Article may be extended or shortened by mutual agreement in writing between the Company and the Union. An employee No person may be appointed as an arbitrator who has been discharged involved in an attempt to negotiate or suspended may file a written grievance at Step within five (5) working days settle the grievance. Employees shall suffer no loss of pay in attending or arbitration meetings with the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beCompany.

Appears in 1 contract

Samples: Collective Labour Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of the utmost importance this Agreement to adjust complaints and grievances as quickly as possiblepossible grievances arising from the application, administration, interpretation, or alleged violation of this Agreement. Unless agreed to by both In the event of a dispute between any member or members of the Bargaining Unit and the Company and in reference to the Unionapplication, no grievance administration, interpretation or alleged violation of this Agreement, the following shall be presentedthe procedure for the adjustment and settlement thereof. Within ten (10) working days following the event of knowledge by the employee of events upon which the Grievance is founded or which gave rise to the Grievance, the alleged circumstances employee make take the matter up with their Department Head or designee, by presenting the Grievance in writing The employee shall be accompanied or represented by a member of which originated the Grievance Committee. The Department Head or occurreddesignee shall reply in writing within ten (10) working days of the presentation of the grievance. Failing a settlement of the grievance, or should have come to the attention of a reply in writing, the employee concerned, more than may proceed to Step Within five (5) working days prior from the expiration of the second ten (10) day period referred to its original presentation in Step the employee, accompanied by the Grievance Committee, comprising up to three employees and a representative of the Regional Office of the Union, if so desired, may take the matter up with the General Manager or designee. The written grievance and reply, if any, completed in Step must be presented. The General Manager or designee shall reply in writing within seven (7) days the presentation of the grievance under Step Unresolved Grievances shall then be referred to the General Manager or designee, and the Union Regional Office Representative and Local President for discussion and consideration. Should the grievance remain unresolved, the dispute may, by written notice of either party to the other party, be submitted to binding and final arbitration. Notwithstanding Article any grievance concerning the discharge of an employee may be submitted directly to the Station Manager or designee at Step A grievance shall consist within ten (10) calendar days of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisordischarge. If either of the grievance cannot be settled as a result of this discussionparties considers that Agreement is being misunderstood, then it misinterpreted or violated in any respect by the other, the matter may be dealt with submitted as follows: STEP The employee shall a written grievance with his immediate Supervisor and discussed between representatives of the Company and the Union Grievance Committee who may be accompanied by a Union representative. If not satisfactorily settled within five ten (510) working days of the incident giving rise above meeting, either party may refer the matter to arbitration. If either party, following the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition exercise of the grievance at Step the grievance may be referred procedure, wishes to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene refer a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred matter to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed provided in Article here of, it shall, within five thirty (530) working days of the incident giving rise completion of the last meeting contemplated in Step hereof, give to the complaint and be in other party to this Agreement written notice of its intention to arbitrate, at the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage same time one of the Grievance or Arbitration Procedure following list of arbitrators as being not acceptable: Xxxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Judge Xxxxx The party receiving the said notice of intention to arbitrate shall, within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.two

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. It is the intent of grievance procedure to provide for the administration of this Agreement by providing this sole and exclusive procedure to be utilized by a Teacher, the Association, or the School for the prompt discussion and final and binding settle- ment of any grievance, without stoppage of work, arising the interpretation, application, administration or alleged violation of this Agreement. The term “grievance” shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement, including any questions as to whether a matter is arbitrable. The parties to this Agreement are agreed agree that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed The School shall be under no obligation to by both consider or process a grievance unless the Company and Teacher has discussed the Union, no problem with the Principal. A Teacher's written grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with presented as follows: STEP The employee shall a A Teacher's written grievance must be presented to his Principal with his immediate Supervisor a copy to the Director of Education within five ten (510) working school days of or thirty calendar days whichever shall be less the incident the circumstances giving rise to the complaintgrievance were known or should have been known to the but not thereafter. The immediate Supervisor written grievance shall answer set forth a brief outline of the grievance facts giving rise to the grievance, the specific sections of the Agreement which are alleged to have been violated, the remedy sought, and shall be signed and dated by the A meeting shall be held between the Association and the School, such meeting to take place within five seven (57) working School days. The grievance response to this meeting be given within seven (7) School days and this response shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at terminate Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingNo. If the grievance is not settled at Step No. the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within five ten (510) working School days, if this ten (1O) day begins and ends in the same School Year,or at any other time, within fifteen (15) calendar days it may after receipt of the Step response, but not thereafter. If the request for arbitration is not given within the above specified time the decision in Step No. shall be referred final and binding on both parties to arbitration as hereinafter providedthis Agreement, and upon any involved. The Union or the Company may initiate a grievance beginning at Step request for arbitration shall all of the Grievance Procedureoutstanding issues of the written grievance to be dealt with by the arbitrator and the remedies sought. Such grievance The party giving such notice shall be filed within five (5) working days of bound by the incident giving rise same and shall be restricted at arbitration to the complaint and be in issues presented by the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may benotice.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purposes of this Agreement are agreed that it Agreement, a grievance is defined as a difference arising between a member of the utmost importance bargaining unit and the Hospital or vice-versa relating to adjust the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints and grievances be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be presented, discussed with her supervisor within fourteen calendar days from the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident event giving rise to the complaint. The immediate Supervisor shall answer grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance and, failing settlement within five seven (57) working calendar days, it shall then be taken up as a grievance within the seven (7)calendar days following her immediate supervisor’s decision in the following manner and sequence: The employee must submit the grievance in writing signed by her to her Nurse Manager and may be accompanied, if she so desires, by her union xxxxxxx. The grievance shall specify must identify the Article or Articles nature of the grievance, the remedy sought, and subsections the specific provisions of the Agreement of which a violation is allegedalleged to have been violated. The Nurse Manager will deliver her decision in writing within seven (7) calendar days following the day on which the grievance was presented to her. Failing settlement, indicate then: Within seven (7) calendar days following the relief sought and be signed by the employeedecision under Step No. STEP Should the employee who, if she so desires, may be dissatisfied with accompanied by her union xxxxxxx, may submit the disposition written grievance to the Director of Nursing who will deliver her decision in writing within seven (7) calendar days from the date on which the written grievance was presented. Failing Settlement, then: Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Director of Human Resources or designate. A meeting will then be held between the Director of Human Resources or designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step the grievance No. unless extended by mutual agreement. It is understood that either party may be referred to the Plant Manager within five (5) working days after receipt have such assistance as they may desire at such meeting. The decision of the immediate Supervisor's reply at Step The Plant Manager Hospital shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance be delivered in writing within five (5fourteen 4) working calendar days following the date of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For purposes of this agreement a grievance is defined as any difference arising between the parties relating to this Agreement are agreed that it is working conditions and the interpretation, application, administration or alleged violation of the utmost importance agreement including any question as to adjust complaints and grievances as quickly as possiblewhether a matter is arbitrable. Unless agreed to An employee who has a complaint shall first discuss it with his supervisor. The employee may be accompanied by both the Company and the Union, no grievance his xxxxxxx if he so desires. Such a complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come brought to the attention of the employee concerned, more than five immediate supervisor within ten (51O) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working business days of the incident giving rise leading to the complaintalleged grievance. The immediate Supervisor supervisor’sdecision shall answer be given verbally within business days. Should the grievance remain unsolved, the employee may present a grievance in writing on a written grievance form supplied by the Union to immediate supervisor within five ten (510) working daysbusiness days of receiving the reply to the verbal complaint. The grievance shall specify the Article or Articles and subsections contain a statement of the Agreement nature of which a violation is alleged, the grievance and indicate the relief sought and shall be signed and dated by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the The immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and supervisor shall answer the grievance in writing within ten (1O) business days. Failing settlement of the grievance at step the Union may within five (5) working business days of such meetingreceiving the response of the immediate supervisor, refer the matter to the Executive Director in writing. STEP If no settlement is reached at Step Within the next five (5) business days the Union Grievance Committee and representatives of Management the Executive Director shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingmatter. If the grievance is not settled within five (5) working business days of the meeting, it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning If at Step any step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where procedure the grievance would affect has not been processed by the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure Association within the time specified limit as prescribed the grievance shall automatically be deemed advanced to have been droppedthe next step. However, time Time limits specified set forth herein are mandatory and not directory and the failure of an employee to follow the procedure laid down in this article shall result in forfeiture of all rights to the Grievance Procedure grievance procedure. The times limits fixed in this agreement may be extended by mutual agreement consent of both parties to this Agreement provided that there shall be no obligation on either party to consent. When referred to in writing between the Company this agreement, "business days" are exclusive of Saturdays, Sundays and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bePaid Holidays.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that An employee who has a complaint shall discuss same with his immediate supervisor, either directly or with his xxxxxxx. If the complaint is not settled, it is may be treated as a grievance and thereafter processed through the following steps in sequence. Any and all of the utmost importance time limits set out in this Article may be extended by mutual consent in writing. Step No. The grievance shall be reduced to adjust complaints writing, dated and grievances presented to the supervisor involved, within thirty (30) normal working days of the alleged incident leading to the grievance. A meeting will then be arranged within three (3) normal working days subsequent to the date the grievance is received by the supervisor. The grievance will be taken up by the supervisor and department manager, as quickly well as possiblethe union xxxxxxx and/or area xxxxxxx (or appropriate representative). Unless agreed Such union representation shall include the Both parties will jointly complete a fact sheet defining the nature of the grievance and outlining the events and circumstances relating to by both the grievance. The supervisor will render his decision in writing within three (3) normal working days after the conclusion of the on said grievance. Step No. Failing settlement of step No. the Company and Union grievance committees will hold a joint meeting (the Unionmay attend), no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) normal working days subsequent to the date of the incident giving rise to the complaintsupervisor’s written decision. The immediate Supervisor shall answer committees will review the grievance fact sheet and the Collective Labour Agreement in an attempt to resolve the grievance. The Company will render a decision in writing within five three (53) normal working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employeeStep No. STEP Should the employee be dissatisfied with the disposition of the grievance Failing settlement at Step No. the grievance may be referred taken up by the negotiating committee, with the company management committee within thirty-five (35) normal working days subsequent to the Plant Manager date of the Company’s written decision. The Management Labour Consultant may attend upon request of the Company. An International Representative of the union may attend upon request of the Union. The supervisor and/or department manager and/or area xxxxxxx may be required to attend. The authorized member of the management committee will render the decision of such committee in writing within five three (53) normal working days after receipt the conclusion of such on said grievance. Suspension except those of a severe nature (e.g. sabotage, fighting, assault, theft, use of chemical substances, etc.) shall not be served until the grievance has been disposed of up to and including Step No. above. Suspensions arising from actions of a severe nature shall be taken up at Step No. within seven (7) days of the immediate Supervisor's reply at Step The Plant Manager shall convene Union filing a meeting grievance with the and Chief Xxxxxxx and shall answer Company. Step No. Any grievance arising from the interpretation, application, administration or alleged violation of this agreement which has not been settled under the grievance procedure, including any question as to whether a matter is arbitrable] may within but not more than thirty-five (35) normal working days after the completion of Step No. be submitted to arbitration by either party. When either party to this agreement requests that a grievance be submitted to arbitration they shall make such request in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step and address same to the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Managerother party. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred parties shall than proceed to arbitration as hereinafter providedprovided for under the Ontario Labour Relations Act. Each of the parties shall pay the charges and expenses of its appointee. The Union or the Company may initiate a grievance beginning at Step charges and expenses of the Grievance Procedure. Such grievance Arbitrator shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article borne equally by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who A decision by the Arbitrator shall be final and binding upon both parties and the employees. The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement. Unless mutually agreed no matter may be submitted to arbitration which has not been discharged properly carried through all previous steps of the grievance procedure. Grievances on hourly rates in effect on the effective date of this agreement, including those, which are changed by a general wage adjustment, are not subject to arbitration unless there is a change in job content. Grievances pertaining to new hourly rates established after the effective date of this agreement (excepting those rates changed by a general wage adjustment), shall be subject to the arbitration procedure as heretofore expressed except that in such an instance the Arbitrator shall be a member of a reputable Industrial Engineering Company. No grievance after it has once been submitted to the negotiating committee for adjustment shall be settled except through the negotiating committee, or suspended may file if otherwise, with the consent and approval of such committee. The Union agrees that the final written answer of the Company to a written grievance at any step in the grievance procedure shall dispose of the grievance unless such is appealed by the Union within ten (IO) normal working days from the date of the Company's final answer. The only exception shall be that of an appeal to arbitration wherein fifteen (15) normal working days is allowed. Where the Company fails to answer in writing as provided in Step No. and/or of clause and the President of the Union has reminded the Human Resources Manager of the lack of such notice and provided after such notification the Company fails to render its decision in writing within five (5) ten normal working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infractionthe President's reminder, the Company may consider grievance will be settled in the employee's entire record preceding suspension favour of the or dismissal (reinstatement), the Union as the case may be. If an employee feels that he has been unjustly suspended or discharged he shall have the right to appeal herewith his discharge or suspension in accordance with the grievance procedure herein provided. In taking severe cases involving suspension or discharge the concerned will be sent home immediately. The Company will within two (2) normal working days inform the employee and the Union of the disciplinary action to be taken. Such appeal must be in writing, addressed to the Company and the Union and must be in the Company's hands no later than five (5) normal working days after the effective date of his suspension or discharge. If such appeal is properly made, the matter shall be negotiated through the grievance procedure and if it is determined that the employee has been unjustly suspended or discharged, he shall be reinstated to his former position without loss of seniority, and shall be compensated at his normal rate for normal hours lost from work because of the suspension or discharge. It is further agreed that the conferring parties or the Arbitrator shall have the power to make any other arrangements which, in their opinion, are just and equitable in the application of the foregoing penalties in this clause. When an employee has been discharged without notice, he shall upon request be given the opportunity to interview his xxxxxxx in a suitable place, providing such can be accomplished within twelve 2) months an hour and a half from the date time his discharge is effective and the circumstances are not such that he must be removed from the premises of an oral or written warning for a similar infraction, the Company may consider without delay. The Union agrees there shall be no strike, sit-down, slow-down nor stoppage of work, either partial or complete during the employee's entire record preceding term of this agreement, except as provided with respect to the employee's oral or written warningrights of individual employees to refuse to perform unsafe work under the terms of Part V of the Occupational Health and Safety Act of Ontario, as the case may beThe Company agrees there shall be no lockout during such term.

Appears in 1 contract

Samples: Collective Labour Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it Agreement, a Grievance is defined as a difference arising either between a member of the utmost importance bargaining unit and the Society or between the parties relating to adjust the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. The Grievance shall identify the nature of the Grievance, the remedy sought, and should, where possible, specify the provisions of the Collective Agreement which are alleged to have been violated. For the purposes of the collective agreement, "working means a weekday, Monday to Friday, other than a statutory holiday. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possiblepossible and it is understood that an employee has no Grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Unless agreed to by both the Company and the UnionIf an employee has a complaint, no grievance such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, discussed with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager her supervisor within five (5) working days after receipt the circumstances giving rise to the complaint have originated or occurred. If the immediate supervisor is unable to adjust the complaint to the mutual satisfaction within five (5) working days, the employee may proceed with the Grievance within five (5) working days following the decision of the immediate Supervisorsupervisor. A Grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a Union Xxxxxxx, if desired, must submit a written grievance, signed and dated by the employee to her immediate supervisor. Where, because of the inability of the employee to personally attend to the signing of the grievance within the five (5) working day time limit, a xxxxxxx may sign the grievance on the employee's behalf, provided that the grievance shall be deemed to have been withdrawn unless the employee signs the grievance and provides a copy of the signed grievance to the immediate supervisor at or prior to the Step meeting (it is understood that a facsimile copy of the grievance bearing the s signature shall suffice or where otherwise agreed by the Parties). Her immediate supervisor will deliver her decision within five (5) working days following the day on which the written Grievance was presented to her. Copies of the immediate reply at shall be forwarded to the and the Union Xxxxxxx who assisted the to reduce the grievance to writing. Failing settlement, then: Within five (5) working days following the decision in Step The Plant Manager shall convene the employee must submit the written Grievance to the Manager, Community Health Unless extended by mutual agreement of the parties, in writing, a meeting with shall be held, within ten (10) working days of the request, between the Society, an official of the Union, the and Chief the Xxxxxxx and at which time the Grievance shall answer be discussed. The decision of the grievance Society shall be given in writing within five (5) working days of such following this meeting. STEP If no settlement is reached at Step Copies of the Society's reply shall be forwarded to the Union Grievance Committee Xxxxxxx and representatives Official of Management shall meet the Union who attended at the Step meeting. Failing settlement under the foregoing procedure, either party may submit the matter to discuss the grievance arbitration within five ten (510) working days of receipt of after the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingdecision under Step is given. If the grievance no written request for arbitration is not settled received within five such ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of day period, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For purposes of this Agreement, a grievance defined as a difference arising between t h e parties relating to this Agreement are agreed that it is the interpretation, application, administration or alleged violation of the utmost importance Agreement including any question as to adjust whether a matter is arbitrable. At the formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this right in advance It the mutual desire of the parties hereto that complaints and grievances of nurses shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be presented, discussed with her supervisor within nine ( 9 ) calendar days after the alleged circumstances of which originated giving rise to it have occurred or occurred, or should ought reasonably to have come to the attention of the employee concernednurse and failing settlement within nine (9) calendar days, more than five shall then be taken up as a grievance within nine (59) working calendar days prior following advice of her supervisor's decision the following manner and sequence: The nurse may submit a written grievance, signed by the nurse, to its original presentation her supervisor. The grievance, be on a form referred to Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of, the Agreement which are alleged to be violated. The supervisor will deliver her decision in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with within nine (9) calendar days following the assistance of his xxxxxxx, refer the day on an informal basis to his immediate Supervisor. If the grievance cannot be settled as was presented to her. Failing then: Within nine (9) calendar days following the decision under Step No. the nurse may submit the written grievance to the Vice President, Nursing or her designate will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they desire, meet to discuss the grievance at a result of this discussiontime and place suitable to both parties. Failing settlement, then it then: Within nine (9) calendar days following the decision in Step No. the grievance may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor submitted writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator or her designate and the Grievance committee within five nine (59) working calendar days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition submission of the grievance at Step unless extended by agreement of the grievance parties.. It is understood and agreed that a representative of the Ontario Association the may be referred to present at the Plant Manager within five (5) working days after receipt meeting. It is further understood that the Hospital Administrator or her designate may have such counsel and assistance as she may desire at such meeting. The decision of the immediate Supervisor's reply at Step The Plant Manager Hospital shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in be delivered writing within five nine (59) working calendar days following the date of such meeting. STEP If no settlement is reached at Step A complaint or grievance arising directly between the Hospital and the Union Grievance Committee and representatives of Management shall meet to discuss Association concerning the grievance within five (5) working days of receipt interpretation, application or alleged violation of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance Agreement shall be filed originated Step No. within five fourteen (514) working calendar days of following the incident circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be in entitled to grieve separately they may present a group grievance writing signed by each nurse who is grieving to the form prescribed in Vice President, Nursing or her designate within fourteen (14) calendar days after the circumstances giving rise to 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 Any No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released exercising a right under this Agreement. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as a grievance a written statement of such grievance lodged by the nurse 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 referred to arbitration settled under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.by:

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. Should a dispute arise between the Division and any regarding the interpretation, meaning, operation, or application of this Agreement, an xxxxxxx effort shall be made to settle the dispute in the following manner. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presentedsubmitted, in writing, stating the alleged circumstances of which originated or occurredArticle in the Collective Agreement violated and the solution sought, or should have come to the attention of the employee concerned, more than five within fifteen (515) working days prior to its original presentation in writing at Step A of the alleged incident. In the event of a grievance originating while an employee is on an approved Leave of Absence from work, such grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor lodged within five (5) working days of the incident giving rise said employee returning to work. Replies to grievances shall be in writing at all stages. Step The aggrieved shall first attempt to resolve the complaintgrievance by submitting the grievance in writing to immediate supervisor. The immediate Supervisor supervisor shall answer the grievance render decision within five ten (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (510) working days after receipt of the immediate Supervisor's reply at grievance. Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing Failing satisfactory settlement within five ten (510) working days of such meeting. STEP If no settlement is reached at after the grievance was submitted under Step the grievance may be submitted to the Union Grievance Committee and representatives of Management Superintendent. The Superintendent shall meet to discuss the grievance render his decision within five ten (510) working days of after receipt of such submission. Step Failing satisfactory settlement being reached in Step the reply of may submit the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled written grievance, within five ten (510) working days it may be referred following the Superintendent’s response, to the Board of Trustees who shall render its decision within ten (10) working days after the next regularly scheduled Board meeting. Step Failing a satisfactory settlement being reached in Step the Union shall indicate their intent to proceed or not proceed to arbitration as hereinafter providedwithin twenty (20) working days. The Union In cases of discharge or the Company may initiate a grievance beginning at suspension, Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance Procedure may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a wholepassed. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, The time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days consent of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement in writing.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The There shall be an xxxxxxx effort on the part of both parties to this Agreement are agreed that it is of Agreement, to settle promptly through the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Unionprocedure set out herein, no grievance shall be presentedany complaints, the alleged circumstances of which originated or occurredgrievances, or should have come to disputes arising the attention interpretation, application or administration of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it Written grievances, to be valid shall be handled as follows. Prior to filing a formal set out the nature of the grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement agreement alleged to have been violated and the nature of which a violation is alleged, indicate the relief remedy sought and shall not be signed subject to change at later steps except by the employee. STEP Should the employee be dissatisfied mutual agreement in writing with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union Employer, or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or remedy, by an Arbitration Board. In determining the Company time which is allowed in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute various steps Saturday, Sunday and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified Statutory Holidays shall be deemed to have been dropped. However, excluded and any time limits specified in the Grievance Procedure may be extended by mutual agreement in writing. Including Article If advantage of the provisions of Article and hereof is not taken within the time limits specified therein or as extended in writing between as set out above, the Company grievance shall be deemed to have been abandoned and may not be re-opened. The Employer shall designate and name the Union. An employee who has been discharged or suspended may file official to whom a written grievance is submitted as Step It is understood and agreed that an employee does not have a grievance until he has discussed the matter with his xxxxxxx or other supervisory personnel acting in this capacity and given him an opportunity of dealing with the complaint. His decision shall be made known to said employee within forty-eight (48) hours. Grievances properly arising under this Agreement shall be adjusted and settled as follows: Article continued STEP Within ten (10) days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee, with or without a Union Representative, shall present his grievance orally or in writing to the Official of the Employer named by the Employer to handle grievances at Step this step. If a settlement satisfactory to the Union and employee concerned is not reached within five (5) full working days, a grievance may be presented as indicated in Step at any time within five (5) full working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bethereafter.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed Company and the Union agree that it is the purpose of the utmost importance grievance procedure to adjust amicably and justly settle any cornplaints and disagreements concerning the employees, the Union and the Company, without, so far as is possible, resort to arbitration. The parties further agree that the settlement of any grievance shall be deemed not to conflict with the provisions of the Agreement. It is the mutual desire of the parties that complaints and grievances of employees shall be dealt with as quickly possible, and it is agreed that an employee has no grievance until he has first given the Supervisor the opportunity to deal informally his complaint. Should any difference arise between the Company and any of the employees as possible. Unless to the interpretation, application, administration or alleged violation of the provisions of the Agreement that cannot be satisfactorily dealt with pursuant to Article an xxxxxxx effort shall be made to settle such difference in the following manner: ma Within four (4) days after the alleged grievance has arisen the employee, the assistance of his Xxxxxxx, shall present his grievance in writing, on a form agreed to upon by both the Company and the Union, no to the and if, within four (4) days from the time when such grievance shall be presented, was presented a decision satisfactory to the alleged circumstances employee is not given then: Within five (5) days after the decision of which originated or occurredStep One has been, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievancebeen given, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition authorized member of the grievance committee present the grievance to the Regional Administration Manager, or a person or persons designated by him to handle such matters at Step Two. The Regional Administration or designate, shall schedule a meeting to be held within ten (10) days from the time when such grievance was presented to him, or his designate. At the Step meeting, the Regional Administration Manager, or his designate, may be referred accompanied by the personnel manager and such other assistants as he so desires. While the Business Representative ofthe Union may be present at the meeting, the Company has the right to require his presence at the Plant Manager within five (5) working days after receipt meeting. The Regional Administration Manager, or his designate, shall give a decision in writing on behalf of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with Company ten days immediately the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days date of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For purposes of this agreement a grievance is defined as any difference arising between the parties relating to this Agreement are agreed that it is working conditions and the interpretation, application, administration or alleged violation of the utmost importance agreement including any question as to adjust complaints and grievances as quickly as possiblewhether a matter is arbitrable. Unless agreed to An employee who has a complaint shall first discuss it with his supervisor. The employee may be accompanied by both the Company and the Union, no grievance his xxxxxxx if he so desires. Such a complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come brought to the attention of the employee concerned, more than five (5immediate supervisor within ten 0) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working business days of the incident giving rise leading to the complaintalleged grievance. The immediate Supervisor supervisor’s decision shall answer be given verbally within business days. Should the grievance remain unsolved, the employee may present a grievance in writing on a written grievance form supplied by the Union to immediate supervisor within five ten (510) working daysbusiness days of receiving the reply to the verbal complaint. The grievance shall specify the Article or Articles and subsections contain a statement of the Agreement nature of which a violation is alleged, the grievance and indicate the relief sought and shall be signed and dated by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the The immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and supervisor shall answer the grievance in writing within ten (10) business days. Failing settlement of the grievance at step the Union may within five (5) working business days of such meetingreceiving the response of the immediate supervisor, refer the matter to the Executive Director in writing. STEP If no settlement is reached at Step Within the next five (5) business days the Union Grievance Committee and representatives of Management the Executive Director shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingmatter. If the grievance is not settled within five (5) working business days of the meeting, it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning If at Step any step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where procedure the grievance would affect has not been processed by the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure Association within the time specified limit as prescribed the grievance shall automatically be deemed advanced to have been droppedthe next step. However, time Time limits specified set forth herein are mandatory and not directory and the failure of an employee to follow the procedure laid down in this article shall result in forfeiture of all rights to the Grievance Procedure grievance procedure. The times limits fixed in this agreement may be extended by mutual agreement consent of both parties to this Agreement provided that there shall be no obligation on either party to consent. When referred to in writing between the Company this agreement, “business days” are of Saturdays, Sundays and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bePaid Holidays.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE GRIEVANCE PROCEDURE. The parties If there occur grievances, complaints, disputes or differences arising between the Employer and an employee, an xxxxxxx effort shall be made to this Agreement are settle such differences fairly and promptly in the following manner: In order that grievances shall not be harboured and shall be handled without delay, it is agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, considered where the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, arose more than five (5) fifteen working days prior to its original presentation registration in writing at Step A grievance shall consist of One below. An employee and his/her Xxxxxxx may request his/her non-union supervisor to handle a dispute concerning interpretation and/or application of any Articlespecific problem where the actual details are clearly identified. The employee and the Xxxxxxx will make every effort to adjust the situation with the non-union supervisor before it is in writing. If the problem is not adjusted by the non-union supervisor, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing placed in writing on a formal grievance, an employee will, standard grievance form with the assistance full details of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussionclearly identified including, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days if applicable, the clause or clauses of the incident giving rise Collective Agreement alleged to the complainthave been violated. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and It may be signed by the employeeemployee involved and in all cases by a Xxxxxxx. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred The non-union supervisor shall give his/her answer in writing to the Plant Manager within Xxxxxxx as soon as possible, but not more than five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance has been presented in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingwriting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of One, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such written grievance may be referred to arbitration under Article the Chief Librarian by either the employee(s) concerned together with the Chief Xxxxxxx. Such a grievance must be referred within five working days after a written answer has been given in Step One. The Chief Librarian shall render his/her decision as soon as possible, but not more than five working days after receiving the written grievance. If the grievance is not settled at Step Two, the matter shall be referred to the Director of Human Resources by the Union within five working days of the date when the Chief Xxxxxxx received his/her answer in writing from the Chief Librarian. A grievance meeting will be arranged by the Director of Human Resources with the Union grievance committee within working days after his/her receipt of the grievance. The National Representative of the Union shall have the right to attend such meeting. The Director of Human Resources shall reply in writing within five working days if the matter is not resolved at this meeting. In the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee who feels that he/she has been unjustly discharged, or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect is one involving general policy, or where the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by is submitted on behalf of a group of employees commencing employees, Step One of the grievance procedure may be omitted and the grievance may commence at Step Any complaint or grievance which Two. It is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within agreed that the time specified shall be deemed limits referred to have been dropped. Howeverin Steps One, time limits specified in the Grievance Procedure Two and Three may be extended by mutual agreement in writing between the Company and the Unionconsent. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days Furthermore, it is understood that any of the discharge specific Union or suspensionEmployer officials referred to in this Article may be replaced by a designated representative. In taking disciplinary action within twenty-four (24) months from Each employee, along with a Union Xxxxxxx, shall have the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beright to review his/her own personal file and review his/her record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of the employees shall be adjusted as quickly as possiblepossible without stoppage of work, and it is understood that an employee may present an oral complaint at any time, without recourse to the grievance procedure herein. Unless agreed to by both the Company and the Union, It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. STEP If an employee has a complaint, he shall discuss it with his immediate supervisor. In order to be presentedconsidered a grievance, such discussion must take place within two (2) working days the alleged circumstances of which giving rise to the complaint first occurred or originated or occurred, or should the employee reasonably ought to have come known of the circumstances. The immediate supervisor shall communicate his reply to the attention complaint with two (2) working days. If such complaint is not settled to the satisfaction of the employee concerned, more than five (5) working days prior to its original presentation the complainant may file a written grievance in writing at Step A grievance the following manner and sequence. STEP The employee shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of a xxxxxxx submit a signed, dated written statement of such grievance (on a form supplied by the Union) to the Superintendent or his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor designate within five two (52) working days he has received the reply of the incident giving rise immediate supervisor. The nature of the grievance, the Article of the Agreement that has been violated, misapplied or misinterpreted, and the relief or remedy sought shall be clearly set out in the grievance. The wording of the grievance presented at this step may be changed or amended for the purpose of clarification at any time up to and including Step but not thereafter. The Superintendent or his designate, as the case may be, will hold a meeting within three (3) working days, or such other time as may be agreed by the parties, with the and the xxxxxxx, to discuss the grievance and shall deliver his decision in writing within two (2) working days following the meeting. Failing settlement, then: STEP3 Within three (3) working days following the decision under Step No. the written grievance will be forwarded to the complaint. The immediate Supervisor shall answer the grievance Human Resources Manager or his designate who will hold a meeting within five (5) working days, or such other time as may be agreed by the parties, with the and the grievance committee, to discuss the grievance. It is understood that a staff representative of the Union may also be present at the meeting, at the request of either party. The Human Resources Manager or his designate will give his decision in writing within three (3) working days the date of the meeting. It is expressly understood that an employee who has a complaint or a grievance shall specify follow the procedures as outlined in this Article or Articles and subsections pending the investigation and determination of the Agreement validity of which a violation is allegedsuch claim shall continue to perform the duties assigned to him by management (unless he has been suspended or discharged), indicate providing such duties do not jeopardize the relief sought and be signed by life, health or safety of the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative Disciplinary suspensions will be in attendance at this meeting. If the grievance is not settled administered within five six (56) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beweeks.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed Grievances properly arising under this Agreement shall be adjusted and settled as follows: STEP Within twenty (20) working days after the circumstances giving rise to by both the Company and grievances occurred or originated (save except grievances arising out of discharge cases in which case the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention brought forward within ten (10) days of the employee concernedbeing notified of his discharge), more than save and except grievances involving monetary items as defined Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached within five (5) full Xxxxxxx Xxxxxxx Sewer and Collective Page working days, the next step in grievance procedure may be taken at any time within ten (10) full working days prior to its original presentation in writing at Step A thereafter. STEP The Council grievance shall consist of committee, if it considers it a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal valid grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If may submit the grievance cannot be settled as to a result committee of this discussion, then it may be dealt with as follows: STEP The employee the and the respective shall a written grievance with his immediate Supervisor within five (5) working days of thereafter in an endeavour to settle the incident giving rise to the complaintgrievance. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which If a violation satisfactory is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager not reached within five (5) working days after receipt from meeting and if this grievance is one which concerns the interpretation or alleged violation of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer Agreement, the grievance be submitted to arbitration as provided in writing Article below at any within five twenty (520) working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management Ontario Labour Relations Act, within a time which shall meet to discuss the grievance within five not be more than thirty (530) working days thereafter. Grievances dealing with alleged violation of receipt payment for hours of the reply work, rates of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is pay, overtime, premiums and compressed air) travelling expenses, room and board allowances, reporting allowances but not settled within five (5) working days it including grievances arising out of classification assignment may be referred brought forward to arbitration as hereinafter providedStep No. The Union or within the Company may initiate a grievance beginning at Step of three (3) months after the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident circumstances giving rise to the complaint and be in grievance occurred or originated. It is understood that the form prescribed in Step Any adjustment of any such grievance may be referred retroactive to arbitration under Article by either the Union first day of the alleged violation within the three (3) month period. Grievances dealing with the alleged violation of payment for vacation and statutory holiday pay, pension and welfare contributions, union dues, working dues, training and industry fund, shall be brought forward at Step. No. within the period of time stipulated in Section herein or three (3) months after the case circumstances giving rise to the grievance were brought to the attention of a Union grievance the griever and the Council and its member Unions affected or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), Association as the case may be, whichever is the longer period. In taking disciplinary action within twelve 2) months from It is further understood that the date adjustment of an oral or written warning for a similar infraction, any such grievance shall be retroactive to the Company may consider first day of the employee's entire record preceding the employee's oral or written warning, as the case may bealleged violation.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it Agreement, a Grievance is defined as a difference arising either between a member of the utmost importance bargaining unit and the Society or between the parties relating to adjust the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. The Grievance shall identify the nature of the Grievance, the remedy sought, and should, where possible, specify the provisions of the Collective Agreement which are alleged to have been violated. For the purposes of the collective agreement, means a weekday, Monday to Friday, other than a statutory holiday. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possiblepossible and it is understood that an employee has no Grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Unless agreed to by both the Company and the UnionIf an employee has a complaint, no grievance such complaint shall be presented, discussed with her immediate supervisor within five working days after the alleged circumstances of which giving rise to the complaint have originated or occurred, or should have come . If the immediate supervisor is unable to adjust the complaint to the attention of the employee concerned, more than mutual satisfaction within five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Articledays, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an the employee will, may proceed with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Grievance within five (5) working days following the decision of the incident giving rise immediate supervisor. A Grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a Union desired, must submit a written grievance, signed and employee to her immediate supervisor. Where, because of of the employee to personally attend to the complaint. The immediate Supervisor shall answer signing of within the grievance within five (5) working days. The day time limit, a xxxxxxx Xxxxxxx, if dated by the the inability the grievance may sign the grievance on the behalf, provided that the grievance shall specify be deemed to have been withdrawn unless the Article or Articles employee signs the grievance and subsections provides a copy of the Agreement of which signed grievance to the immediate supervisor at or prior to the Step meeting (it is understood that a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition facsimile copy of the grievance at Step bearing the grievance may be referred to signature shall suffice or where otherwise agreed by the Plant Manager Parties). Her immediate supervisor will deliver her decision within five (5) working days after receipt following the day on which the written Grievance was presented to her. Copies of the immediate Supervisor's reply at shall be forwarded to the and the Union Xxxxxxx who assisted the to reduce the grievance to writing. Failing settlement, then: Within five (5) working days following the decision in Step The Plant Manager shall convene the employee must submit the written Grievance to the Manager, Health Services. Unless extended by mutual agreement of the parties, in writing, a meeting with shall be held, within ten (10) working days of the request, between the Society, an official of the Union, the and Chief the Xxxxxxx and at which time the Grievance shall answer be discussed. The decision of the grievance Society shall be given in writing within five (5) working days of such following this meeting. STEP If no settlement is reached at Step Copies of the Society's reply shall be forwarded to the Union Grievance Committee Xxxxxxx and representatives Official of Management shall meet the Union who attended at the Step meeting. settlement under the foregoing procedure, either party may submit the matter to discuss the grievance arbitration within five ten (510) working days of receipt of after the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingdecision under Step is given. If the grievance no written request for arbitration is not settled received within five such ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of day period, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties purpose of this Article is to establish a procedure for the settlement of grievances. An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possiblemay discuss his complaint with his immediate Supervisor. Unless agreed to by both the Company and the Union, no grievance Such a com- plaint shall be presented, the alleged circumstances of which originated or occurred, or should have come brought to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate immedi- ate Supervisor within five (5) working 5)working days of the incident inci- dent giving rise to the complaint. The immediate shall state his decision verbally within three (3)working days of receiving the complaint. Should the employee be dissatisfied with the immediate Supervisor's disposition of the complaint, he may, with the assistance of his Xxxxxxx refer such matter on a written grievance form supplied by the Union to his immediate Supervisor who shall answer the grievance in writing within five (5) working 5)working days. The complaint shall constitute a formal grievance at and shall be filed within five (5)working days of receipt of the reply of the immediate Supervisor to the complaint. The grievance shall specify the Article or Articles and subsections provisions of the Agreement of which a violation is alleged, con- tain a brief statement of the facts relied upon, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the Chief Xxxxxxx may refer the Union Grievance Committee and representatives of Management grievance to the Plant Production Manager who shall meet to discuss the grievance within five (5) working days of receipt of the reply grievance to discuss the matter. If the grievance is not settled within five (5) working days, it may be referred to Step If no settlement is reached at Step the Chief Xxxxxxx refer grievance to the Director, Human Resources or his designate, who shall meet within five (5)working days of receipt of the Plant Managergrievance to discuss the matter. The Union's National Representative will and Company's Representatives may be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration arbi- tration as hereinafter provided. The Union or the Company Employer may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) ten working days of the incident giving rise to the complaint com- plaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company Employer in the case of a Company an Employer grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a wholepassed. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced com- menced or processed through the next stage of the Grievance or Arbitration Procedure Procedures within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company Ernployer and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances grievance as quickly as possible. Unless agreed Accordingly, where the circumstances giving rise to by both the Company and the Union, no a grievance shall be presented, the alleged circumstances of which occurred or originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior before the filing of the grievance, shall not be arbitrable unless there exits a compelling reason to its original presentation in writing at Step A grievance shall consist arbitrate. If a time limits dispute exits a tribunal consisting of; one bargaining unit employee (from an area unaffected by the grievance), one supervisor and one member of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it the clerical staff shall be handled as followspresented the facts concerning the time limits violation by both parties to the dispute. Prior The tribunal shall make a recommendation to filing a formal grievance, the General Manager or his designate and the Union Executive on the merits of the dispute. The recommendations are not binding on either party. It generally understood that an employee willhas no cornplaint or grievance until he, with either directly or through the assistance of his xxxxxxxXxxxxxx, refer the on an informal basis to has first given his immediate Supervisorsupervisor an opportunity to adjust the complaint. If the reply of the supervisor is not satisfactory to the employee concerned, the complaint must be stated in writing within three (3) working days following the reply of the supervisor, to General Sales Manager. If the reply of the General Manager is satisfactory to the employee concerned, the grievance cannot shall be settled as a result submitted, within three working days following the reply of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with the General Sales Manager to the General Manager or his immediate Supervisor within designate. Within five (5) working days following receipt of a written grievance the incident giving rise General Manager and/or such other persons as may be designated by the Company, will meet with the Union Committee to discuss the complaintgrievance. The immediate Supervisor shall answer the grievance General Manager, or his designate will give his reply in writing within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt the meeting has been held. At stage, a full-time officer of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meetingUnion may be present, if his presence is requested by either party. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant ManagerGeneral Manager is satisfactory, the dispute will be heard by the tribunal outlined in Article The tribunal will make a recommendation to both parties on a possible resolution. The Union's National Representative will be in attendance at this meetingrecommendation not binding. If the grievance issue is not settled resolved in a satisfactory manner, either party may, within five ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or following the Company may initiate a grievance beginning at Step date of the Grievance ProcedureGeneral Manager's final reply, refer the grievance to arbitration. Such grievance shall be filed within five (5) working days Any of the incident giving rise to time allowances provided for the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beagreement.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the intention of the Parties that this procedure shall provide a just and method of adjusting grievances and the parties agree to act in good faith in settlement of grievances in accordance with the provisions of this Article. A grievance is any difference or dispute with respect to interpretation, application or alleged violation of this Agreement are agreed that it is by an employee, group of employees, the Union or the Employer. Any grievance submitted shall clearly set forth the issues and contention of the utmost importance to adjust aggrieved parties. Any employee, group of employees, the Union, or the Employer may present a grievance. Any grievance submitted shall clearly set forth the issues and contention of the aggrieved parties. It is the mutual desire of the parties that complaints and grievances of employees shall be adjusted as quickly as possible. Unless , and it is agreed to by both the Company and the Union, that an employee has no grievance shall be presented, until he has given the alleged circumstances of which originated or occurred, or should have come Employer the opportunity to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, adjust his complaint with the assistance of his xxxxxxx, refer the on an informal basis Xxxxxxx if required. Minutes of the meeting will be kept and a copy provided to his immediate Supervisorthe employee. If The meeting must take place within (48) hours of notification by the grievance cannot employee to the employer of a potential grievance. The procedure for the settlement of grievances shall be settled as a result of this discussion, then it may be dealt with as follows: STEP I In order for a grievance to be considered, it must be submitted to Step I as quickly as possible but in any event not more than ten (10) days after the occurrence or circumstances causing the grievance. Such days will commence the next day of work following the occurrence or circumstancesbeing grieved. The employee or the xxxxxxx, on behalf of the employee, may submit a grievance in writing clearly stating the issues and intention to the immediate supervisor of the employee, or in the absence of the immediate manager, to another member of management within the time limits. The manager shall hold a meeting with the and xxxxxxx, and give a response in writing as soon as possible but in any event not later than ten (10) days after receipt of the grievance. STEP If a satisfactory answer is not reached at Step I, the written grievance with his immediate Supervisor may be submitted to the branch manager within five (5) working days after receiving the answer at Step I. The manager shall hold a meeting with the and the xxxxxxx, and give a response in writing as soon as possible, but in any event not later than ten (10) days after the receipt of the incident giving rise grievance. STEP If a satisfactory answer is not reached at Step the written grievance may be submitted to the complaint. The immediate Supervisor shall answer the grievance Regional Vice President or Human Resources Representative within five (5) working days. days after receiving the answer at Step The grievance Regional Vice President or Human Resources Representative shall specify hold a meeting with the Article or Articles and subsections the xxxxxxx, and the appropriate branch management, and give a response in writing as soon as possible, but in any event not later than ten (10) days after the receipt of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employeegrievance. STEP Should the employee be dissatisfied with the disposition of the grievance If a satisfactory answer is not reached at Step the grievance may be referred to arbitration within a period of twenty (20) calendar days after receipt of the Plant Manager answer at Step Notice of referral to arbitration shall be made to the Regional Vice President or Human Resources Representative in writing. The matter shall be referred to one of the two designated arbitrators as established in Article of this Agreement (arbitrators will be chosen in rotation order). If an answer the Employer is not provided by the said time limits indicated above, the Union may move the grievance immediately to the next step. If a grievance has not progressed to the successive steps, by the griever, outlined above within five (5) working days after receipt the completion of the immediate Supervisor's reply preceding step, then the grievance shall be considered as abandoned, and all rights of recourse to the grievance procedure will be forfeited in writing. The time limitations prescribed in this Article may be extended, but only by mutual consent of the parties in writing. Both parties agree that if the nature of the grievance relates to harassment or discrimination the grievance may be submitted at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meetingthis procedure. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives Claims of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative this nature will be handled as per the Employer’s harassment policy. Should a grievance, considered in attendance at this meetingabove proceed to arbitration, the Arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon the complainant or other bargaining unit employees. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate Failing a satisfactory settlement of a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of procedure, either party may request that the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may matter be referred to arbitration under Article an arbitrator that is mutually agreed upon by either the Union in the case of a Union grievance or the Company in the case of a Company grievanceboth parties. The Union Arbitrator shall receive and consider such material evidence and contentions as the parties may not institute offer, and shall make such independent investigation as it deems essential to a grievance directly affecting an employee or employees which such employee or employees could themselves institute full understanding and determination of the regular Grievance Procedure issues involved. In reaching his decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not thereby be by-passed except where vested with the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint power to change, or grievance which is not commenced or processed through the next stage alter any of the Grievance or Arbitration Procedure within terms of this Agreement. The Arbitrator may amend any penalty. The findings and decision of the time specified Arbitrator on all arbitral questions shall be deemed to have been droppedbinding and enforceable on all parties. However, time limits specified in The expense of the Grievance Procedure may Arbitrator shall be extended borne equally by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is If any differences arise between the Employer and an employee or employees or between the Employer and the Union concerning the interpretation, application or any alleged violation of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the UnionAgreement, no grievance such differences shall be presentedsettled without stoppage of work and all employees including the concerned in any such differences, shall continue to work in accordance with the Agreement until the difference is settled. The followingprocedures shall be used for the resolution of differences referred to in Article Within fifteen (1 5) calendar days after the occurrenceor within fifteen (15) calendar days after the employee first becomes aware of the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident violation giving rise to the complaintdifference the employee shall with or without a Union representative (at the employee’s choice) submit a written grievance to the Employer or designate. The immediate Supervisor shall answer Within twenty (20) calendar days the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections delivery of the Agreement of which written grievance, the Employer or designate shall give a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should written response to the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingrepresentative. If the grievance is not satisfactorily settled under Step then the Union shall, within five fifteen (515) working calendar days it may be referred after receipt of the Step written response hold a meeting, and discuss the grievance with the Employer or designate. Within ten (10) calendar days after that meeting, the Employer or designate shall deliver a written response to arbitration as hereinafter providedthe Union and if the grievance is denied, such response shall give reasons for the denial. The Where the Union or Employer submits a policy or general grievance, such grievance will be in writing and will be submitted under Step and dealt with in accordance with the Company may initiate a grievance beginning at provisions of Step of If the Grievance Procedure. Such time limits set out in Steps and above are not complied with by the or Union, then the grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed considered to have been dropped. However, time limits specified in abandoned unless the Grievance Procedure may be extended by mutual agreement parties have mutually agreed in writing between to extend the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may betime limits.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties purpose of this Article to this Agreement are agreed that it is establish a procedure for the settlement of grievances. An employee who has a complaint relating to the application, administration or alleged violation of the utmost importance to adjust complaints and grievances as quickly as possibleAgreement may discuss their complaint with immediate supervisor. Unless agreed to by both the Company and the Union, no grievance Such a complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come brought to the attention of the employee concerned, more than five (5) working immediate supervisor ten days prior of the incident giving to its original presentation in writing at Step A grievance the complaint. The immediate supervisor shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor state decision verbally within five (5) working days of the incident giving rise to receiving the complaint. The When computing days” for the purpose of this days of-rest shall be Should the employee be dissatisfied with the immediate Supervisor shall answer supervisor‘s disposition of the complaint may, with the assistance of xxxxxxx, refer a matter, on a written grievance within form supplied by the Union,to immediate supervisor no later than five (5) working days the date of the verbal reply from immediate The complaint shall a grievance at Step The mediate shall answer the grievance in writing within three (3) days. The grievance shall specify the Article or Articles and subsections contain a statement of the Agreement nature of which a violation is allegedthe grievance, indicate the relief sought and be signed by the employeeemployee or the employees involved. STEP Should the employee be dissatisfied with dissatisfiedwith the disposition of the grievance at ai Step the grievance may be referred to the Plant Manager who m e r the grievance in writing five (5) working days. The must be filed with the Plant Manager within five (5) working days after of the receipt of the immediate Supervisor's reply supervisor’sreply at Step The Plant Manager shall convene Should a meeting with be required at Step the and Chief Xxxxxxx and Union xxxxxxx shall answer the grievance be in writing within five (5) working days of such meetingattendance. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss along with the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled and of management shall within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.five

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement are agreed that it is a grievance of the utmost importance to adjust complaints and grievances an employee be resolved as quickly promptly as possible. Unless agreed to by both the Company and the Union, no No grievance shall be presented, considered which usurps the alleged circumstances function of which originated or occurred, or should have come to management. For the attention purpose of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any this Article, Schedule shall not include Saturdays, Sundays or Clause in this AgreementPaid Holidays. Should a Any grievance arise it shall not processed within the said time limits will be handled as follows. Prior deemed to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complainthave been abandoned. The immediate Supervisor shall answer the grievance within five (5) working daystime limits contained herein are deemed to be mandatory. Time limits may only be extended by mutual agreement and such extension must be in writing. The grievance shall form must specify the Article nature of the grievance, the remedy sought and the specific provisions of the Collective Agreement alleged to have been violated. It is understood that an employee has no grievance until has first discussed the issue with immediate Supervisor and given the Supervisor an opportunity to resolve the issue. If no settlement can be reached, then a grievance arising under the Agreement relating to the interpretation, application or Articles and subsections alleged violation of the Agreement of which a violation is alleged, indicate the relief sought and must then be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance submitted in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step after the the Union Grievance Committee and representatives of Management shall meet circumstances, giving rise to discuss the grievance occurred or originated. The grievance must be processed and dealt with in accordance with the terms and provisions set forth in this Article. The employee may, if wishes, be accompanied by Xxxxxxx at any stage of this grievance procedure. It is understood that it is the employee's responsibility to arrange for the Xxxxxxx to be present. Failing settlement then within five (5) working days of receipt of following the reply of decision under Step the Plant Manageremployee must submit the written grievance to the Director. The Union's National Representative Director will meet with the and review the grievance. A decision in writing will be in attendance at this meeting. If the grievance is not settled rendered within five (5) working days it may be referred from the date on which the grievance meeting was convened. Failing settlement, then; Within five working days following the decision under Step the employee must submit the written grievance to arbitration as hereinafter providedthe Executive Director or designate. The Union Executive Director or designate will meet with the Company may initiate a grievance beginning at Step and review the grievance. A representative of the Grievance ProcedureUnion may attend this meeting if requested to do so by either party. Such A decision in writing will be rendered within five working days from the date on which the grievance meeting was convened. In the event the decision of the Executive Director is not satisfactory to the the may refer the matter to Arbitration in accordance with the provisions of this Agreement. If no written request for Arbitration received within ten (10) working days from the date of the decision under this Step, then the grievance shall be filed deemed to be settled. If it is necessary for a Union Xxxxxxx to assist an employee with the presentation of a grievance, shall not leave work without first obtaining the permission of Supervisor. It agreed that a grievance arising directly between the Employer and the Union (a policy grievance) or a grievance claiming the unjust discharge of an employee who has completed probationary period, must be originated under Step above, within five (5) working days of after the incident circumstances giving rise to the complaint grievance occurred or originated and be in the form prescribed in time set out with respect to Step Any such shall apply. However, it is understood that a policy grievance may not be referred used with respect to arbitration under Article by either the Union in the case of a Union grievance complaint or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and that the regular Grievance Procedure grievance procedure shall not thereby be by-passed except where passed. Probationary employees may not access the grievance would affect procedure if discharged during probationary period. All agreements reached under the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through procedure between the next stage representatives of the Grievance Employer and the representatives of the Union, shall be final and binding upon the Employer, the Union and the employees. Notwithstanding the foregoing, the parties may agree to waive or Arbitration Procedure within extend any of the time specified limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the right, if so requests, to the presence of the Union Xxxxxxx when such discipline is assessed. It is the responsibility of the employee to arrange for the Xxxxxxx to be present if so desires. Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time after the Employer's decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Failing settlement under the foregoing grievance procedure of any grievance between the parties arising from the interpretation, application, or alleged violation of this Agreement, including any question as to whether the grievance is arbitrable, the grievance may be submitted to Arbitration as set forth below. If no written request for Arbitration within ten working days from the date of the decision under Step above, the grievance shall be deemed to have been droppedsettled. When either party requests that a grievance be submitted to Arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party and at the same time nominate a member to the Board of Arbitration. Within ten (10) working days thereafter, the other party shall nominate a member to the Board of Arbitration and notify the other party. The two (2) nominees so appointed shall confer immediately and shall attempt to select by agreement a Chairman for the Board of Arbitration within ten working days from the date such other party has nominated its nominee. If they are unable to agree upon a Chairman, they shall then request the Minister of Labour for the Province of Ontario to appoint a Chairman. No person may be appointed as a nominee who has been involved in any attempt to negotiate or settle the grievance. The Arbitration Board shall not have the jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the provisions of this Agreement. No matter shall be dealt with at Arbitration that has not been properly carried through all the previous steps of the grievance procedure. The written decision of the majority of the Board of Arbitration shall be final and binding upon the Employer, the Union and the employees. Each of the parties hereto will bear the expense of the nominee appointed by it, and the parties will jointly bear the fees and expenses of the Chairman of the Arbitration Board. The parties may agree to extend or waive any of the time limits prescribed in this Article. However, time limits specified any such agreement shall be expressed in writing and acknowledged by the Grievance Procedure parties. The Employer and the Union may be extended by mutual written agreement in writing between respect to any specific grievance substitute a named umpire for the Company Board of Arbitration provided for herein and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of Umpire shall possess the discharge or suspension. In taking disciplinary action within twenty-four (24) months from same powers and be subject to the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), same limits as the case may be. In taking disciplinary action within twelve 2) months from the date Board of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beArbitration.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Nothing in the grievance procedure shall be construed as eliminating the processing of any complaint through proper channels within the Brampton Fire and Emergency Services, Senior Officer shall mean the Chief or designate. In the event that a complaint or grievance arises relative to the administration, application, or alleged violation of this Agreement are agreed that it is Agreement, the employee concerned may then proceed as follows: When an employee has a grievance, he shall submit in writing to the Senior Officer within ten working days of occurrence of the utmost importance incident giving rise to adjust complaints and grievances as quickly as possiblethe grievance. Unless agreed to by both A meeting shall take place between the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than Senior Officer within five (5) working days prior to its original presentation from receipt of the grievance. The Senior Officer shall give his decision in writing at Step A grievance shall consist stating his decision within two (2) working days of a dispute concerning interpretation and/or application the time of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisormeeting. If the grievance canSenior decision is not be settled as satisfactory to the and the Association, a result meeting shall take place within five (5)working days from the time the decision was rendered in Stage between the Association and the Chief. The Chief shall give his decision in writing stating his decision within two (2) working days of the time of this discussionmeeting. If the Chiefs decision is not satisfactory, then it may be dealt with as follows: STEP a meeting shall take place within ten working days from the time the decision was rendered in Stage between the Association and the City- Manager. The employee City Manager shall a written grievance with give his immediate Supervisor decision in writing stating his decision within five (5) working days of the incident giving rise time of this meeting. The City Manager may designate another person to act in his stead. Where the City decision is not satisfactory at Stage the Association may advance a grievance to or an appropriate Committee thereof, for hearing (Reference Collective Agreement, Article Grievance Procedure). The following outlines the administrative procedure for handling such a grievance. Within days of the City Manager's response, the President or Chair of the Association's grievance committee acting on the President's behalf, may request a hearing with Council or an appropriate committee thereof. The request should be sent in writing, with a copy of the original grievance attached, to the complaintattention of the City of Brampton's Clerk, Clerk's Department. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles request will be time and subsections of the Agreement of which a violation is alleged, indicate the relief sought date stamped and be signed by the employee. STEP Should the employee be dissatisfied with the disposition receipt of the grievance at Step will be confirmed, in writing, to the grievance Association. The Clerk will review the schedules of Council Grievance Committee members to determine an available meeting time and confirm with the President or Chair of the Association Grievance Committee, Fire Chief and Manager of Labour Relations as to their availability. The Clerk will confirm the date and time of the hearing, in writing, for all parties. The hearing will take place in camera. Submissions for the Committee may be referred provided to the Plant Manager within five Clerk two (52) working days after receipt prior to the Grievance hearing. Upon receipt, the Clerk's department will circulate copies of each party's submissions and the Rules of Procedure to members of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt all affected parties in advance of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may behearing.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company possible and the Union, it is generally understood that an employee has no grievance until he has first given to his supervisor an opportunity to adjust his complaint, and that such complaint shall be presented, registered within fifteen working days of the alleged circumstances of which originated or occurred, or should have come coming to the attention knowledge of the employee. If such complaint is not settled to the satisfaction of the employee concerned, more it may be taken up as a grievance within five working days, in the following manner and sequence: Step No. Step No. Between the aggrieved employee who shall be accompanied by the Union Xxxxxxx and the supervisor, at which time a written record of the grievance shall be submitted and signed by the employee. The supervisor shall give his reply in writing not later than five (5) full working days prior to its original presentation in writing at Step A grievance shall consist following receipt of a dispute concerning interpretation and/or application of any Articlethe grievance. Failing settlement, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as followsthen: STEP The employee shall a written grievance with his immediate Supervisor within Within five (5) full working days of the incident giving rise written notice referring the grievance to Step No. a meeting will be arranged between the complaintaggrieved employee, an accredited representative of the Union, and the local Manager or another representative of the Company. The immediate Supervisor Company shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) full working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the this grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning satisfactorily resolved at Step of No. including any question as to whether a matter is arbitrable, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under provided in Article X by either the Union notice in the case of a Union grievance or writing to the Company in within five (5) full working days after the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing Company’s reply at Step Any complaint or grievance which No. If no written request for arbitration is not commenced or processed through received within fourteen days after the next stage of the Grievance or Arbitration Procedure within the time specified decision in Step No. is given, it shall be deemed to have been droppedsettled or abandoned. However, An extension of the time limits specified may be mutually agreed upon by the parties. Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Procedure or under Article Any and all time limits fixed by this Article and Article X may at any time be extended by mutual agreement in writing Agreement between the Company and the Union. An All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee who or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been discharged unjustly dealt with, may inform his Xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the company within eight working days of the suspension or suspended dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the Second Step. Notice of dismissal or suspension and the reason therefore shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration procedure, or such other settlement as is deemed to be just and equitable. The Union or the Employer may file a written policy grievance in appropriate circumstances. A policy grievance is defined as a difference concerning the interpretation or application of this Agreement or the law that seeks to enforce an obligation to the Employer to the Union or the Union to the Employer, A policy grievance shall not be brought with respect to matters capable of being filed as individual grievances or in respect of remedies or relief that effect individual employees. A policy grievance shall be initiated in writing at Step No. of the grievance procedure within five (5) full working days of notice of the discharge or suspensionact causing the grievance. In taking disciplinary action within twenty-four (24) months An employee who receives a written discipline notice from the date Company shall have the discipline removed from his record after a period of a suspension or dismissal (reinstatement) for a similar infractiontwo years, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement)provided that during such period, as the case may be. In taking he has not received other related disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beaction.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. Should a dispute arise between the Division and any regarding the interpretation,meaning, operation, or application of this Agreement, an xxxxxxx effort shall be made to settle the dispute in the following manner. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presentedsubmitted, in writing, stating the Article in the Collective Agreement violated and the solution sought, within fifteen (15) days of the alleged circumstances incident. in the event of which originated or occurreda grievance originating while an employee is on an approved Leave of Absence work, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A such grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor lodged within five fifteen (515) working days of the incident giving rise said employee returning to the complaintwork. Replies to grievances shall be in writing at all stages. The immediate Supervisor aggrieved shall answer first attempt to resolve the grievance within five (5) working daysby submitting the grievance in writing to immediate supervisor. The grievance supervisor shall specify the Article or Articles and subsections render decision within ten (10) days after receipt of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employeegrievance. STEP Should the employee be dissatisfied with the disposition of Failing satisfactory settlement within ten working days after the grievance at was submitted under Step the grievance may be referred submitted to the Plant Manager Superintendent. The Superintendent shall render his decision within five ten (510) days after receipt of such submission. Failing satisfactory settlement being reached in Step the may submit the written grievance, within ten (10) working days following the Superintendent’s response, to the Board of Trustees who shall render its decision within ten (10) working days after receipt of the immediate Supervisor's reply at next regularly scheduled Board meeting. Failing a satisfactory settlement being reached in Step The Plant Manager the Union shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing indicate their intent to proceed or not proceed to arbitration within five twenty (520) working days days. In cases of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union discharge or the Company may initiate a grievance beginning at suspension, Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance Procedure may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a wholepassed. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, The time limits specified in the Grievance Procedure may be he extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days consent of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement in writing.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties A grievance may arise only from a dispute concerning the interpretation, application, administration, or alleged violation of this Agreement, it being understood that no such grievance shall challenge the discharge of a probationary employee. No letter of warning or other action shall be used for the purpose of taking or justifying disciplinary action against an employee unless a copy of such letter has been given to this Agreement are agreed that it is the employee concerned within seven (7) calendar days after the discovery of the utmost importance occurrence which brought about the warning unless an extension has been requested due to adjust the need for investigation. The employee's Union Xxxxxxx shall be given a copy of such letter and shall sign all copies to acknowledge its receipt. Discipline notices shall be expunged employees' records twenty-four (24) months after the incident if the record remains discipline free. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an Employee has no grievance until has first given the immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be presented, discussed with the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five immediate supervisor within four (54) working days prior after the circumstances giving rise to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it have occurred and failing settlement within four (4) working days it shall be handled taken up as follows. Prior to filing a formal grievance, an at Step within four (4) working days following advice of the supervisor's decision. Working day under this article shall exclude Saturday, Sunday, recognized holidays, vacations or days off of the The employee willand the xxxxxxx shall, within four (4) working days following the advice of the employee's immediate supervisor's decision not to adjust the complaint, submit the grievance in writing signed by the employee directly involved to the employee's supervisor. Such grievance shall set out the specific article that is alleged to have been violated. The supervisor shall reply to the grievance in writing. If a settlement satisfactory to the employee concerned is not reached within four (4) working days or within any longer time that might be agreed upon, then Step may be invoked provided such later action has commenced within two (2) working days the completion of Step Failing a satisfactory settlement of the dispute under Step the employee concerned may submit the grievance to the union grievance who may then take the grievance up with the assistance Department Director or appointee, at a meeting arranged for that purpose. The Department Director or appointee shall reply to the grievance in writing. If a satisfactory settlement at this stage of his xxxxxxxprocedure is not reached within four (4)working days or such additional time as may be mutually agreed upon, then Step may be invoked provided such later action has commenced within two (2) working days after Step has been completed. Failing a satisfactory settlement under Step the grievance committee may then refer the on an informal basis grievance to his immediate Supervisor. If the grievance cannot be settled as Director of Resources of the employer for the purpose of arranging a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor meeting within five (5) working days of with a view to settling the incident giving rise to the complaintgrievance. The immediate Supervisor Director of Human Resources or appointee shall answer make a mutually convenient arrangement for such a meeting. It is understood that either party, if it wishes, may arrange for the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections attendance of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of its representatives who met on the grievance at Step the earlier steps. It is understood that the Union shall limit their representatives to three (3) employees. The Director of Human Resources or appointee shall reply to the grievance may be referred to the Plant Manager in writing. If final settlement is not reached within five (5) working days after receipt of following the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer day upon which deliberation commenced, or such additional time as may be mutually agreed upon then the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to a board of arbitration as hereinafter herein provided. The Any difference arising directly between the Employer and the Union involving the interpretation or alleged violation of this Agreement must be discussed between the Company parties at a meeting established for that purpose prior to it becoming a grievance. Failing a satisfactory settlement following the meeting, either party may initiate submit the issue in writing to be dealt with as a grievance beginning commencing at Step of the Grievance Proceduregrievance procedure. Such grievance shall be filed submitted no later than four (4)days following the date the meeting unless an agreement has been reached between both parties to extend the time limits. The parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall result in the grievance being deemed to have been abandoned notwithstanding the provision of Section of the Labour Relations Act. Where there is more than one grievance on the same issue, the parties may consolidate the grievance in order to have the grievances processed through the grievance procedure as a single grievance. Such grievances shall commence at Step A claim by an Employee, who has completed probationary period and has acquired seniority standing, that has been discharged or suspended without reasonable cause employment shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Director or Appointee within five three (53) working days of the incident giving rise to alleged grievance. Such special grievance shall commence at Step and may be settled by confirming the complaint Employer's action in dismissing or suspending the Employee, or by another arrangement which is just and be equitable in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage opinion of the Grievance or Arbitration Procedure within conferring parties or, if necessary the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days board of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bearbitration.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company possible and the Union, it is generally understood that an employee has no grievance until he has first given to his supervisor an opportunity to adjust his complaint, and that such complaint shall be presented, registered within fifteen working days of the alleged circumstances of which originated or occurred, or should have come coming to the attention knowledge of the employee. If such complaint is not settled to the satisfaction of the employee concerned, more it may be taken up as a grievance within five working days, in the following manner and sequence: Step No. I Step No. Between the aggrieved employee who shall be accompanied by the Union Xxxxxxx and the supervisor, at which time a written record of the grievance shall be submitted and signed by the employee. The supervisor shall give his reply in writing not later than five (5) full working days prior to its original presentation in writing at Step A grievance shall consist following receipt of a dispute concerning interpretation and/or application of any Articlethe grievance. Failing settlement, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as followsthen: STEP The employee shall a written grievance with his immediate Supervisor within Within five (5) full working days of the incident giving rise written notice referring the grievance to Step No. a meeting will be arranged between the complaintaggrieved employee, an accredited representative of the Union, and the local Manager or another representative of the Company. The immediate Supervisor Company shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) full working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the this grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning satisfactorily resolved at Step of No. including any question as to whether a matter is arbitrable, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under provided in Article X by either the Union notice in the case of a Union grievance or writing to the Company in within five (5) full working days after the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing Company’s reply at Step Any complaint or grievance which No. If no written request for arbitration is not commenced or processed through received within fourteen days after the next stage of the Grievance or Arbitration Procedure within the time specified decision in Step No. is given, it shall be deemed to have been droppedsettled or abandoned. However, An extension of the time limits specified may be mutually agreed upon by the parties. Saturdays, Sundays and plant holidays will not be counted in determiningthe time within which any action is to be taken or completed in each of the steps of the Grievance Procedure or under Article Any and all time limits fixed by this Article and Article X may at any time be extended by mutual agreement in writing Agreement between the Company and the Union. An All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee who or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been discharged unjustly dealt with, he may inform his Xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the company within eight working days of the suspension or suspended dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the Second Step. Notice of dismissal or suspension and the reasontherefore shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration procedure, or such other settlement as is deemed to be just and equitable. The Union or the Employer may file a written policy grievance in appropriate circumstances. A policy grievance is defined as a difference concerning the interpretation or application of this Agreement or the law that seeks to enforce an obligation to the Employer to the Union or the Union to the Employer. A policy grievance shall not be brought with respect to matters capable of being filed as individual grievances or in respect of remedies or relief that effect individual employees. A policy grievance shall be initiated in writing at Step No. of the grievance procedure within five (5) full working days of notice of the discharge or suspensionact causing the grievance. In taking disciplinary action within twenty-four (24) months An employee who receives a written discipline notice from the date Company shall have the discipline removed from his record after a period of a suspension or dismissal (reinstatement) for a similar infractiontwo years, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement)provided that during such period, as the case may be. In taking he has not received other related disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beaction.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Company agrees to this Agreement are agreed that it is notify the Union of the utmost importance reason for the discharge of any employee. Any discharge may be discussed as a grievance. In the event that an employee is discharged and after subsequent investigation is exonerated and reinstated, that employee shall be reimbursed for the time lost by reason of such discharge on the basis of regularly scheduled normalnumber of daily hours of work less earnings received from other employers in respect of the period involved for which the employee is to adjust complaints and grievances as quickly as possiblebe reimbursed. Unless agreed The Company agrees to by both forward to the Union Bargaining Committee a copy of any written reprimand placed in an employee's file on or after the effective date of this agreement, except when the employee concerned requests the Company not to do so at the time of the reprimand discussion. The Company and the UnionUnionwill make every assist an employee tocorrect their actions prior to imposing discipline. Disciplinewill be given for just cause, no grievance shall and in a progressive manner except in the case of a matter of significant severity. When discipline is to be presentedgiven, the alleged circumstances of which originated or occurredCompany will provide a copy, or should have come with reasons, to the attention of both the employee concernedand the xxxxxxx. The employee and/or the xxxxxxx (with the employee’s authorization) will be given access to that employee’s personnel file once a year on appointment, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist inthe presenceof the Human ResourcesManageror a delegate thereof. Disciplinewill be removed from the employee’s file after a period of months, on condition that no other infraction or misconduct of a dispute concerning interpretation and/or application similar nature has occurred during this period. Any dispute, grievance or misunderstanding called “grievance”) involving occupational classification, wages, seniority, hours of work or other working conditions which any Article, Schedule employee or Clause in this Agreement. Should a grievance arise it group of employees may desire to discuss and adjust with the Company shall be handled as follows. Prior to filing a formal grievance, an : The employee will, shalltake up his grievancedirectly with the assistance shift section head or supervisor, except where the employee believesthat proper expression or explanation is difficult with the section head or supervisor, in which case the employee may report the matterto the xxxxxxx representinghis group, who, together with the employee, may take the matter up with the sectionhead or supervisor. the permission of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it employee’s supervisor another xxxxxxx may be dealt with as follows: STEP The employee shall consulted on a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should employee inthe absenceof the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingregular xxxxxxx representingthe group or shift. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union adjusted by the section head or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.supervisor five

Appears in 1 contract

Samples: Settlement Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances concerning the interpretation or alleged violation of the Agreement as quickly as possible. Unless agreed An employee who has a complaint shall discuss the matter with supervisor in the presence of the xxxxxxx if such presence is requested by either party. The supervisor shall give a decision within one (1) working day. If the supervisor’s decision is not satisfactory to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, then the formal grievance procedure may be resorted to. In the absence of the xxxxxxx or chief xxxxxxx, a Local Union official may substitute. No grievance shall be considered where it is filed more than five ten (510) full working days prior after the events given rise to its original presentation in writing at Step A the grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule were known or Clause in could reasonably have been known. Grievances properly arising under this Agreement. Should a grievance arise it Agreement shall be handled adjusted and settled as follows: The aggrieved employee shall present grievance (which shall be written on a form supplied by the Union and approved by the Company) to her Supervisor. Prior to filing a formal grievance, an employee will, with The shall have the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisorxxxxxxx if so desires. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee Supervisor shall give a written grievance with his immediate Supervisor within five (5) decision in one working days of day following the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition presentation of the grievance at Step given to If the Supervisor’s decision is not satisfactory to the employee concerned, then the grievance may be referred to the Plant Manager within five presented as follows: Within two (52) working days after receipt the decision is given at Step the aggrieved employee shall, with the Chief Xxxxxxx, present the grievance to the Department Manager, who shall discuss it in the presence of the immediate Supervisor's reply at Step The Plant Manager shall convene and render a meeting with the and Chief Xxxxxxx and shall answer the grievance decision in writing within five two (52) working days following the presentation of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of given to If a settlement satisfactory to the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance employee concerned is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or reached, then the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either presented as follows: in case the Chief Xxxxxxx is absent for that day, another official of the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit act as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may besubstitute.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of the employees shall be adjusted as quickly as possiblepossible without stoppage of work, and it is understood that an employee may present an oral complaint at any time, without recourse to the grievance procedure herein. Unless agreed to by both the Company and the Union, no A grievance shall be presenteddefined as a complaint regarding the meaning, interpretation, application or alleged violation of this Agreement, or in the alleged case of an employee who has acquired seniority under this Agreement, a complaint that he has been discharged or disciplined without cause, It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. STEP If an employee has a complaint, he shall discuss it with his immediate supervisor. In order to be considered a grievance, such discussion must take place within two (2) working days the circumstances of which giving rise to the complaint first occurred or originated or occurred, or should the employee reasonably ought to have come known of the circumstances. The immediate supervisor shall communicate his reply to the attention complaint with two (2) days. If such is not settled to the satisfaction of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should the complainant may file a grievance arise it in the following manner and sequence. STEP The employee shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxxa xxxxxxx submit a signed, refer dated written statement of such grievance (on a form supplied by the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5Union) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance Superintendent or his designate within five two (52) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of he has received the reply of the Plant Managerimmediate supervisor. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step nature of the Grievance Procedure. Such grievance shall be filed within five (5) working days grievance, the Article of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union Agreement that has been violated, misapplied or misinterpreted, in the case of a Union grievance “group grievances” where there is more than one (1) the name of each and the relief or the Company remedy sought shall be clearly set out in the case of a Company grievance. A grievance which fails to set out this information will not be processed or considered beyond this step. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where wording of the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing presented at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure this step may be extended by mutual agreement in writing between changed or amended for the Company purpose of clarification at any time up to and the Unionincluding Step but not thereafter. An employee who has been discharged The Superintendent or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement)his designate, as the case may be. In taking disciplinary action , will hold a meeting within twelve three (3) working days, or such other time as may be agreed by the patties, with the and the xxxxxxx, to discuss the grievance and shall deliver his decision in writing within two (2) months from days following the meeting. Failing settlement, then: STEP3 Within three (3) working days following the decision under Step No. the grievance will be forwarded to the Human Resources Manager or his designate who will hold a meeting within days, or such other time as may be agreed by the parties, with the and the grievance committee, to discuss the grievance. It is understood that a staff representative of the Union may also be present at the meeting, at the request of either party, The Human Resources Manager or his designate will give his decision in writing within three (3) working days the date of the meeting. It is expressly understood that an oral employee who has a complaint or written warning for a similar infractiongrievance shall follow the procedures as outlined in this Article and pending the investigation and determination of the validity of such claim shall continue to perform the duties assigned to him by management (unless he has been suspended or discharged), providing such duties do not jeopardize the Company may consider life, health or safety of the employee's entire record preceding the employee's oral or written warning, as the case may be. Disciplinary suspensions will be administered within four (4) weeks.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. All grievances shall be dealt with and disposed Of as hereinafter provided. Any employee having first discuss it with her committeeperson. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presenteddiscussed orally with the supervisor concerned no later than ten working days from the date the matter giving rise to the grievance occurred or came to the employee's knowledge as the case may be and the parties involved shall endeavour to equitably resolve the issues in dispute. If the grievance is not resolved in this manner within two working days, it may be processed in writing on a form for that purpose, and presented to the Supervisor no later than five working days following the date of the last discussion. The Supervisor will render a decision in writing no later than two working days following the presentation of the written grievance. if the Supervisor's decision is not satisfactory to the ag- grieved, the alleged circumstances of which originated or occurred, or should have come grievance may be presented by the Shop Committee to the attention Management to be taken up at the first meeting arranged between Management and Committee. Management shall render its decision in writing within twoworking daysfollowing the meeting. Meetings shall be arranged between Shop Committee and Management at the request of either party. At any meeting with the Management, the Committee may have present any involved in a grievance. If the decision of the Management is not satisfactory to the employee concerned, more than five (5) working days prior the parties to its original presentation in writing at Step A the grievance shall consist agree upon an arbitrator, to whom the matter will be immediately referred for arbitrationforthwith. Intheeventthat the partiescannot ten days, the Minister of a dispute concerning interpretation and/or application Labour for Ontario will be requested to appoint an Arbitrator. A discharged employee, before leaving the plant, shall be given an opportunity to explain the circumstances of any Article, Schedule or Clause in this Agreementthe case to his/ her committeeperson. Should A discharged employee may present a grievance arise it shall be handled as follows. Prior in writing, either direct orthrough the Plant Committee to filing a formal grievanceManagement, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five two (52) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer discharge, and Management will negotiate the grievance respecting such dis- charge and render a decision within five two (52) working daysdays after its receipt. The grievance shall specify If the Article or Articles and subsections decision of the Agreement of which a violation Management is allegednot satisfactory, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt arbitration as herein provided. he proceedings of the immediate Supervisor's reply at Step Management, the may be represented by duly accredited repre- sentatives of the Union The Plant Manager shall convene a meeting alterorchangeany of the provisions of this agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and Chief Xxxxxxx and provisions of this agreement. nor to deal in any matter not covered by his en a grievance involving a penalty, shall answer be entitled to modify such penalty as in the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt opinion of the reply arbitrator is just and equitable. Each of the Plant Managerparties hereto will share equally the expense of the arbitrator. The Union's National Representative decision of the arbitrator shall be final and binding upon the parties. All disciplinary notations will be in attendance at this meetingremoved from an employee’s file following no more than three (3) years of discipline-free employment. If the grievance is When such notations are removed, they will not settled within five (5) working days it may be referred to arbitration as hereinafter providedagain in relation to any other matter. The In those instances where the Union, by either Executive Board. Public Review Board or Constitutional Convention Appeal Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or representative involved, the National Union may inform the Company in writing that such grievance is reinstated in the case grievance procedure at the step at which the original disposition of a the grievance occurred. It is agreed however, that the Company grievancewill not be liable for any claims for damages, including back pay claims, arising out of grievances that are already barred under the provisions of the Agreement at the time of reinstatement of the grievance or that relate to the period between the time of the original disposition and the time of the reinstatement. The Union may foregoing does not institute a grievance directly affecting apply to those grievances to which an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who arbitration decision has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may berendered.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Company and the Union endorse the principle of an orderly grievance procedure and the prompt handling of grievances and to this Agreement are agreed that it is of end will work within the utmost importance to adjust complaints and grievances as quickly as possibleprocedure. Unless agreed to by both Any difference between the Company and any seniority employee or the Union, no grievance Union shall be presentedtaken up in the manner hereinafter set forth: Union representatives will make every effort to identify the alleged article violated and describe the dates, times, places, and people involved in the incident or occurrence being grieved, when practicable. If this information is not identified the grievance will be returned to the xxxxxxx for clarification. If this still does not result in obtaining the information specified above the grievance will be forwarded to the Unit Chairperson for completion. Should the documentation be received within ten (10) working days, time limits associated with this article will not commence until the grievance has been resubmitted. However, should the company not receive the information within ten (10) working days from the date of request of said information, the complaint will be held in abeyance. The Union and the complainant will be notified. The Company will not be held responsible for any accruing liability. The Company may refuse to consider any complaint, the alleged circumstances of which originated or occurred, or should have come arose more than eight (8) working days before it was referred to the attention supervisor. An exception to the above will be a complaint with respect to the employee's amount of wages in which event this period shall be extended to twenty-one (21) calendar days. Should any difference arise between the Company and any seniority employee or the Union, there shall be no stoppage of work on account of such differences, but an xxxxxxx effort should be made to settle such difference as described in the balance of this article. Any complaint raised by an employee with their supervisor which is not settled within three (3) full working days will, within a further period of three (3) full working days, be referred to their supervisor as a written grievance, which will be dated and signed by the employee. During any discussion of a complaint with the supervisor, the employee's xxxxxxx will be present if requested by either the employee or the supervisor. Step Within eight (8) working days following receipt of a written grievance the supervisor and/or such other persons as may be designated by the Company will meet with the employee and the xxxxxxx to discuss the grievance, Within three (3) working days thereafter, the supervisor or their designate will give a written reply to the grievance which shall be copied to the filing union xxxxxxx and copies to the Unit Chairperson. Step If the reply of the supervisor is not satisfactory to the employee concerned, more than the grievance may within three (3) working days following the date of the reply at Step be referred to the Manager, Employee Relations. Once per month, at a predetermined date arranged between the parties, the Manager, Employee Relations and/or such other persons as may be designated by the Company, will meet with the Union Committee to discuss the grievance. A full-time representative of the Union Business Agent, etc.) will be present if their presence is requested by either the employee, the Union Committee or the Manager, Employee Relations. Within five (5) working days prior following this meeting the Manager, Employee Relations will give their written reply to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreementthe grievance. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievancethe and/or supervisor, an employee willfor whatever reason, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of attend the grievance at Step of grievance hearing on two (2) consecutive occasions, the Union and the Company will proceed to hear the grievance may be referred at Step As used in this Article only, the term "working days" shall mean Monday to the Plant Manager within five (5) working days after receipt Friday inclusive. Any of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure allowance provided above may be extended by mutual agreement consent of the parties involved, such extension of time to be in writing between the Company and the Unionwriting. An employee who has been discharged or suspended may file If a written grievance at Step is to be referred to arbitration, it shall be done within five fifteen (515) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from following the date of the reply at Step Failure to comply with time limits at Step unless extended by mutual consent will automatically result in a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.grievance proceeding to Step

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties At any time the Employer requests to this Agreement are agreed that it is meet with the employees, either during an investigation process or issuing discipline, an employee shall have the right to the presence of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated his or occurredher Chief Xxxxxxx, or should have come if the Chief Xxxxxxx is unavailable, then a Shop Xxxxxxx and if a Shop Xxxxxxx is unavailable, then a Union member of their choice. The Employer shall notify the employee of this right in advance, in order that the employee is able to contact a Xxxxxxx to attend the attention of the meeting with them. The employee must first discuss any complaints with immediate supervisor. One The employee concerned, more than five (5who may be accompanied by Xxxxxxx may, within ten 0) working calendar days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal the alleged grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis xxxxxx in writing to his immediate Supervisor. If Supervisor who shall give his answer in writing to such employee within ten 0) calendar days following the date on which the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP was delivered. All grievance forms shall contain only one grievance. The employee shall a written grievance with his immediate Supervisor within five (5) working days of shall contain a clear and concise statement concerning the incident giving rise to alleged grievance and the complaint. The immediate Supervisor shall answer the grievance within five (5) working dayspeople involved. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should returned to the employee be dissatisfied if it fails to comply with these requirements and the disposition of the grievance at Step the grievance may be referred employee shall have an additional ten 0) calendar days to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing conformity with this section. Stage Two Should any employee feel that grievance has not been satisfactorily settled, may within five (5ten 0) working calendar days of such meetingSupervisor's decision appeal to the Executive Director or designate. STEP If no settlement is reached at Step This may be done by a committee comprised of the employee, a Xxxxxxx, and a Union Representative who will, within ten calendar days of the Union Grievance Committee date on which the answer was received, present the written grievance and representatives of Management reply to the Executive Director and/or designate who shall meet to discuss the grievance within five (5matter with such committee and give his decision in writing no later than ten 0) working calendar days of receipt of after the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingwritten presentation has been given to him. If a satisfactory settlement of the grievance is not settled within five (5) working days it reached under the foregoing procedure, either party may be referred refer the matter to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5ten 0) working calendar days of the incident giving rise receipt of the answer to Stage Two. Failure of the Union to meet its time limits will cause the grievance to expire and neither it nor the same subject matter shall be further considered or made the subject of a further grievance. Failure of the Association to meet its time limits shall permit the aggrieved employee to take the grievance to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where next succeeding step, provided he presents the grievance would affect at this next step within ten 0) calendar days after the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage expiration of the Grievance or Arbitration Procedure within said time limit. Either party may agree to extend time limits at all stages of the grievance procedure provided such extension is requested to the other party prior to the expiry of the time specified limits; otherwise the grievance shall be deemed to have been droppedabandoned. HoweverShould a second grievance occur on the same subject matter as the grievance in process, time limits specified in the Grievance Procedure may said second grievance shall not be extended by mutual agreement in writing between considered while the Company and original grievance is being considered. The second grievance will be considered as being presented only after the Unionfirst grievance has been disposed of. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking subject to disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider which is to be recorded in the employee's entire record preceding suspension personnel file shall have the right to the presence of a Union Xxxxxxx or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beCommittee member.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Should a dispute arise between the Employer and any regarding the interpretation, meaning, operation, or application of the agreement including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Unionhas been violated, no grievance an xxxxxxx effort shall be presented, made to settle the alleged circumstances of which originated or occurred, or should have come dispute in the following manner: All grievances shall be submitted to the attention of the employee concerned, more than five employee’s supervisor within fifteen (515) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule an alleged incident or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five fifteen (515) working days of the incident giving rise employee’s knowledge of an alleged incident. Xxxxx Xxxx School Division EducationalAssistants Page of Failing satisfactory settlement within ten 0) working days after the grievance was submitted under Step I, the concerned, together with the Union Representative, will submit to the complainta written statement of the particulars of the complaint and the redress sought. The immediate Supervisor Superintendent/ Designate shall answer the grievance render a written decision within five fifteen (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (515) working days after receipt of such notice. Failing satisfactory settlement being reached in Step the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer Union shall, within ten (10) working days, submit the grievance in writing to the Board of Trustees. Upon request of the Union, a hearing shall be granted. The Board of Trustees shall render a written decision within five fifteen (515) working days following the next regularly scheduled Board meeting or within fifteen (15) working days of such meetinga hearing, if one is held. STEP If no Failing satisfactory settlement is being reached at in Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance may, within five (5) ten working days of receipt of the reply decision at Step give written notice to the Superintendent’s Department of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If its intention to refer the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter providedarbitration. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in In the case of a Union grievance discharge or the Company in the case suspension, Step I of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as procedure may be Where a whole. This Clause shall not preclude dispute involving a group grievance signed by question of general application or interpretation occurs, or where a group of employees commencing at has a grievance, Step Any complaint or grievance which is not commenced or processed through the next stage I of the Grievance or Arbitration Procedure within the time specified shall this article may be deemed to have been dropped. However, time Time limits specified fixed in the Grievance Procedure grievance procedure may be extended by mutual agreement in writing between the Company and the Unionwritten consent of both parties. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days At any step of the discharge or suspension. In taking disciplinary action within twenty-four (24) months grievance procedure the shall have the right to a representative from the date Canadian Union of Public Employees and/or a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months representative from the date local and/or a Union Xxxxxxx. Any meetings held within working hours shall be without loss of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beremuneration.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or interpreta- tion application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. : Prior to filing a formal grievance, an employee willmay, with the assistance of his xxxxxxxXxxxxxx if he so desires, refer the matter on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall file a written grievance with his immediate immedi- ate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections subsec- tions of the Agreement of which a violation is alleged, indicate indi- cate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five three (53) working days after receipt of the immediate Supervisor's ’s reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.five

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For the purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to this Agreement are agreed that it is the interpretation, application, administration or alleged violation of the utmost importance Agreement including any questions as to adjust complaints and grievances as quickly as possiblewhether a matter is arbitrable. Unless agreed to by both the Company and the Union, It is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Accordingly, Article must first be complied with before the grievance procedure may be invoked. Where the grievance procedure is invoked it shall proceed in the following manner and sequence: The aggrieved employee, who may be presentedaccompanied by a xxxxxxx if she so requests, shall present her grievance in writing to her immediate Supervisor. The grievance shall include the nature of the grievance, the remedy sought and in addition, the employee will endeavour to set out the section or sections of the Agreement which are alleged circumstances to have been violated. The immediate Supervisor shall deliver her decision in writing within seven (7) calendar days following the presentation of which originated or occurredthe grievance to her. Failing settlement: Within seven (7) calendar days after the decision in Step is given, or should have come the employee, who may be accompanied by her Xxxxxxx, may submit the grievance in writing to the attention Lodge administrator or his designate who shall deliver his decision in writing within seven (7) calendar days following the presentation of the employee concerned, more than grievance to her. I i settlement: Within five (5) working days prior following the decision in Step the employee may submit her grievance to its original presentation in writing the Employer for discussion at Step A grievance a meeting of the the Union Committee members, the Xxxxxxx and the Management Committee appointed by the Board. Such special meeting shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor take place within five (5) ten working days of following the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition submission of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt Employer. A representative of Local may attend the meeting, and the Employer may have such assistance as it desires. The decision of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance Employer’s representatives will be made known in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step from the date on which the Union Grievance Committee and representatives of Management shall meet to discuss meeting was held, and, failing a settlement, the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may then be referred to arbitration as hereinafter providedif the request is made in writing within thirty (30) days after the grievance has been dealt with at such special meeting. The Union or For the Company may initiate a grievance beginning at Step purpose of the Grievance Procedure. Such grievance shall be filed within five (5) working this article, reference to days of the incident giving rise relating to the complaint and be steps in the form prescribed in Step Any such complaint, grievance may be referred to and arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute procedure shall exclude Saturdays, Sundays and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bepaid holidays.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless Such complaint shall be acted upon in the following manner and sequence: It is agreed to that an employee has no griev- ance until the accompanied by both the Company their Xxxxxxx, has first had a formal meeting with their Supervisor and the UnionSuperintendent or Manager, no thereby giving their Supervisor and Superintendent or Manager an opportunity of adjusting their grievance.Such grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, discussed with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article and Superin- tendent or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer circumstances giving rise to the grievance in writing have occurred. Failing settlement, the grievance may, within five (5) working days of such meeting. STEP If no settlement is reached at following the meeting with the Supervisor and Superintendent or Manager,then be referred to Step the the Union The Grievance Committee or a member there- of, may submit a written grievance to the Director, Employee Relations or desig- nate. The grievance, signed by the aggrieved employee and/or the xxxxxxx or union rep- resentative, must contain the nature of the grievance, the remedy sought and representatives the section or sections of Management the Agreement which are alleged to have been violated. The Director, Employee Relations or designate shall meet to discuss convene a meeting, which would include the Commissioner and appropriate manage- ment and union representatives, within ten (10) days from the date on which the grievance is received by the Director, Employ- ee Relations or written decision shall be delivered to the Chief Xxxxxxx within five (5) working days from the date on which the meeting was held under Step In the event a grievance concerns an area of receipt work which is not the employee’snormal area, a grievance in such case shall be forwarded to appropriate management representatives. The employee shall at all times be represented by their Xxxxxxx or designate in meetings with the Region’s representatives concerning their grievance. The Region may, at its discretion, refuse to con- sider a grievance, or having considered it, refuse to agree to the arbitration of any matter, the alleged circumstances of which occurred more then ten (10) days prior to the filing of the reply grievance in writing at Step Any difference arising directly between the Region and the Union involving the interpreta- tion, application or alleged violation of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it Agreement may be referred to arbitration submitted in writing by either party and dealt with as hereinafter provided. The Union or the Company may initiate a grievance beginning com- mencing at Step of the Grievance Proceduregrievance procedure. Such Any grievance by the Region or the Union as provided in this paragraph, shall be com- menced within thirty-five (35) calendar days of the date of occurrence. No union grievance shall be filed within five (5) working days presented at Step which an employ- ee, or a group of employees could normally process as an individual employee grievance, or a grievance of a group of employees. Failing settlement under the incident giving rise foregoing proce- dure of any grievance between the parties, aris- ing from the interpretation, application, or alleged violation of this Agreement, including any question as to whether the complaint and be in the form prescribed in Step Any matter is arbi- trable, such grievance may be referred submitted to arbitration under Article by either the Union arbitration,as set forth in the case arbitration article of a Union grievance this CollectiveAgreement. If no written request for arbitration is received by the Director, Employee Relations or designate within fifteen (15) days after the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at decision under Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified given,it shall be deemed to have been droppedsettled and not eligi- ble for arbitration. However, It is agreed that grievances and replies to griev- ances shall be in writing at Step The griev- ance of an employee or a group of employees that has been settled at Step to the satisfac- tion of the cannot be subsequently processed by the Union through the remaining steps of the grievance and arbitration proce- dures. agreements reached under the grievance procedure between the representatives of the Region and the representative of the Union will be final and binding upon the Region and Union and the No adjustment affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occur- rence which resulted in the grievance being Clause shall not prevent the adjust- ment of pay caused by clerical errors in com- putation. Where no answer is given to the within the time limits limit specified in the Grievance Procedure grievance procedure, the shall be entitled to submit the grievance to the next step of the grievance procedure. day as used in this Article and the Dis- charge Article, shall mean a day other than Sat- urday, Sunday or a specified paid holiday. A grievance that is not submitted to the next step within the time limits shall be deemed to be settled and disposition shall be as per the reply given at the preceding step. The time fixed in both the griev- ance and the arbitration procedures, may be extended only by mutual agreement consent in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of the employees shall be adjusted as quickly as possiblepossible without stoppage of work, and it is understood that an employee may present an oral complaint at any time, without recourse to the grievance procedure herein. Unless agreed to by both the Company and the Union, no A grievance shall be presenteddefined as a complaint regarding the meaning, the interpretation, application or alleged circumstances violation of which originated or occurredthis Agreement, or should in the case of an employee who has acquired seniority under this Agreement, a complaint that he has been discharged or disciplined without cause. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. employee reasonably ought to have come known of the circumstances. The immediate supervisor shall communicate his reply to the attention complaint with two (2) working days. If such complaint is not settled to the satisfaction of the employee concerned, more than five (5) working days prior to its original presentation the complainant may file a written grievance in writing at Step A grievance the following manner and sequence. STEP The employee shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of a xxxxxxx submit a signed, dated written statement of such grievance (on a form supplied by the Union) to the Superintendent or his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor designate within five two (52) working days after he has received the reply of the incident giving rise immediate supervisor. The nature of the grievance, the Article of the Agreement that has been violated, misapplied or misinterpreted, and the relief or remedy sought shall be clearly set out in the grievance. The wording of the grievance presented at this step may be changed or amended for the purpose of clarification at any time up to and including Step but not thereafter. The Superintendent or his designate, as the case may be, will hold a meeting within three (3) working days, or such other time as may be agreed by the parties, with the and the xxxxxxx, to discuss the grievance and shall deliver his decision in writing within two (2) working days following the meeting. Failing settlement, then: STEP3 Within three (3) working days following the decision under Step No. the written grievance will be forwarded to the complaint. The immediate Supervisor shall answer the grievance Resources Manager or his designate who will hold a meeting within five (5) working days, or such other time as may be agreed by the parties, with the and the grievance committee, to discuss the grievance. It is understood that a staff representative of the Union may also be present at the meeting, at the request of either party. The grievance shall specify the Article Human Resources Manager or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager his designate will give his decision in writing within five three (53) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of the meeting. It is expressly understood that an employee who has a suspension complaint or dismissal a grievance shall follow the procedures as outlined in this Article and pending the investigation and determination of the validity of such claim shall continue to perform the duties assigned to him by management (reinstatement) for a similar infractionunless he has been suspended or discharged), providing such duties do not jeopardize the Company may consider life, health or safety of the employee's entire record preceding suspension or dismissal . Disciplinary suspensions will be administered within six (reinstatement), as the case may be. In taking disciplinary action within twelve 26) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beweeks.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Any employee having a grievance may submit his verbal complaint to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Unionhis immediate supervisor, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five within three (53) working days prior to its original presentation in writing at Step A grievance shall consist from the date of a dispute concerning interpretation and/or application the alleged violation of any Article, Schedule or Clause in this Agreementthe agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall may request the supervisor to call a written grievance committee person to discuss the specific grievance. Step Two Failing an answer or a satisfactory settlement as in Step one, within three (3) working days, the aggrieved employee accompanied by a Committee Person will meet with his immediate Supervisor or his representative. At this time, the grievance must be submitted to the Company in writing and must state in what respect the Agreement has-been alleged to be violated or misinterpreted with reference to the specific Clause or Clauses relied upon and the nature of relief or remedy sought. A decision in writing will be rendered by his immediate Supervisor, or his representative, to the employee within three (3) working days following the meeting. Step Three Failing an answer or a satisfactory settlement as in Step Two, within three (3) working days, the aggrieved employee, with the Plant Chairperson, will refer the grievance to the Senior Manager, or his representative. A third step meeting will be held, the Plant Chairperson, two (2) Committee persons and a representative from the National Office of the Union the President of the Local may be present, if requested by the Union or the Company. The Senior Manager, or his representative will render his decision in writing to the employee, the Plant Chairperson and the National Representative or other designated Union Official, within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer date the grievance within five (5) working dayswas submitted to him in writing. The grievance shall specify When mutually agreed upon, the Article or Articles union and subsections of the Agreement of which company will use a violation is allegedGrievance Mediator to handle grievances not resolved during the third step meeting. Failing a satisfactory settlement as in Step Three, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred submitted to Arbitration as outlined in Article of this Agreement. Policy, production standards, discharges and Group grievances, initiated by the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the Company or the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance originated at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Third Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days , with strict adherence to the terms of the incident giving rise to the complaint and be in the form prescribed in Third Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievanceGrievance Procedure. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and time limits specified at any of the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage written steps of the Grievance or the Arbitration Procedure within the time specified shall procedure must be deemed strictly adhered to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has Union or the grievance will be considered abandoned or considered as having been discharged or suspended may file a written grievance at Step within five (5) working days adjusted to the satisfaction of the Company or the Union; unless extended by mutual consent in writing by both parties. The following special procedure will be applicable to a grievance alleging improper discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.:

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it recognize the Stewards and the Representatives as the agents through which employees shall process their grievances. The Employer or the shall not be to consider or process any grievance which arises out of any action or condition more than (5) work days after the subject of such grievance occurred If the action or condition is of a continuing or recurring nature, the utmost importance limitation period shall not begin to adjust complaints run until the action or condition has ceased. The period shall not apply to differencesarising between the parties concerningthe interpretation,applicationor administrationofthisAgreement. At no time may an employee or group of employees a grievance on behalf of another employee. & A Group is definedas a single grievance, signed by a Xxxxxxx and grievances a Representative on ofa group of employeeswho have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure step The shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as quickly a group grievance. A Policy is defined as possible. Unless agreed one which involves a question relating to the interpretation, application or administration of this When submitted by both the Company and Employer, it can relate to the conduct of the Union, no its Representative or Xxxxxxx. A policy grievance may be submitted by either party to arbitration under Article bypassing steps and A policy grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come signed by a Xxxxxxx and a Representative and submitted to the attention Employer's Representative and It's head office. In the case of an Employer's policy grievance,the grievance shall be signed by the Employer or his Representative. Step Any employee concernedhaving a grievance must, more than accompanied by a Xxxxxxx or a Representative,orally submit her complaint to her immediate supervisorwithin five (5) working days prior to its original presentation workdays (excluding Saturday, Sundays and holidays) after the act or condition which caused the grievance. The supervisorwill deal the grievance not later than the third ) calendar day following the day on which the grievance is submitted and will notify the and the Union Representative of his decision in writing at within three (3) workdays following the said meeting. Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance canis not be settled as under step a result of this discussionUnion Representative will, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days Saturdays,Sundays and holidays) of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance decision under step or within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meetingthe day this decision should have been made, submit a written grievance to the Employer. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management The parties shall meet to discuss the grievance within five one (51) week the grievance has been The Employer shall notify the and the Representative of his decision in writing within three (3) working days of receipt following the said meeting. A written grievance will the nature of the reply grievance and remedy sought by the of the Plant Manager. The Union's National Representative will grievanceshall be in attendance forwarded to the Human Resources Department at this meeting. the head office of the If the fail to settle the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of procedure, the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration. The party requiring arbitration under Article must the other party withwritten notice of the desire to arbitrate within fourteen (14) days after receiving the decision given at Step of the grievance procedure. If a party wishes to arbitrate it shall indicatewhether it wishes to have this done by either a board of arbitration or by a sole arbitrator. If the Union in party the case notice opts for a board of arbitration, the two parties shall each nominate an arbitrator within seven (7) days and each shall notify the other party of the name and address of its nominee. The two arbitrators so appointed shall jointly select a chairman. If they are unable to agree on the selection of a Union grievance chairman within seven (7) days oftheir appointment, either party to the dispute may request the Minister of Labour to appoint a chairman. the party serving the notice opts for a sole arbitrator, the two parties shall jointly select a sole arbitrator. In case they are unable to reach agreement on this matter, either party may request the Minister of Labour to appoint an arbitrator. All references in this Article to a board of Arbitration shall equally apply to a sole arbitrator. No person who has been involved in an attempt to negotiate or the Company in the case grievance may be appointed as chairman of an arbitration board or a sole arbitrator. The decision of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and is the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage decision of the Grievance arbitration board but if there is no majority, the decision of the chairman of the arbitration board governs. Notices of desire to arbitrate a dispute and ofnomination of an arbitrator shall be served personally or Arbitration Procedure within by registered mail. served by registered mail, the time specified date of mailing shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of service. a suspension or dismissal (reinstatement) for party to a similar infractiongrievance at any stage of the grievance procedure, the Company other party may consider commence arbitration proceedings and U the employee's entire record preceding suspension party in default refuses or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of neglects to an oral or written warning for a similar infractionarbitrator in accordance with Article, the Company may consider party not in default may, upon to the employee's entire record preceding party in default, appoint a arbitrator to hear the employee's oral grievance and his decision shall be and upon both parties. The arbitration board shall have the jurisdiction, power and authority to relief for default in the limits set out in theArticles dealingwith grievance and arbitration procedures where it appears that the default was due to a reliance upon words or written warning, as conduct of other party. The arbitration board or a sole arbitrator is to be governed by the case may be.following provisions:

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is A group grievance submitted by a group of employees or a policy grievance submitted by the Union or the Board may be initiated at Step of the utmost importance to adjust complaints and grievances as quickly as possiblegrievance procedure. Unless agreed to by both Written notice of the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come submitted to the attention Manager of the employee concerned, more than Employee Relations. Such notice shall be filed within five (5) working days prior after the aware of the circumstances giving rise to its original presentation the complaint. The Manager of Employee Relations reply within five (5) days. If the reply of the Manager of Employee Relations is not satisfactory, the Union may submit such grievance to arbitration as provided in writing at Step A grievance shall consist Article of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it be made in the following sequence and manner. Within five (5) working days of the event which gave rise to the difference, the employee, who shall be handled as follows. Prior to filing a formal grievanceaccompanied by the xxxxxxx, an employee will, shall discuss the complaint with the assistance of his xxxxxxx, refer supervisor in the on an informal basis to his immediate Supervisorarea. If The supervisor in the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee area shall a written grievance with his immediate Supervisor reply orally within five (5) working days of the incident giving rise to discussion during which time the complaintmatter at issue will be discussed the Manager of Facility Services. The immediate Supervisor shall answer A grievance alleging dissatisfaction with a job posting will be initiated at Step of the grievance procedure provided such grievance is lodged with the Manager of Facility Services within five (5) working daysdays of the event that gave rise to the grievance. In situations where there is no immediate supervisor, the complaint will go directly to Step Failing satisfaction, the employee shall, within five (5) working days of the reply of the immediate supervisor above, reduce the grievance to writing, detailing the which is alleged to have been violated, and sign the grievance. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is allegedemployee, indicate the relief sought and be signed accompanied by the employee. STEP Should xxxxxxx, shall submit the grievance to the appropriate manager who, together with the appropriate supervisor, shall endeavour to settle the dispute and shall reply in within (5) working days of discussion with the employee be dissatisfied with and the disposition of the grievance at xxxxxxx. Step the grievance may be referred to the Plant Manager Failing satisfaction,then within five (5) working days after receipt of the immediate Supervisor's reply at of the appropriate manager in Step The Plant above, the may submit the grievance to the Manager of Employee Relations, who shall convene a meeting meet with the and Chief Xxxxxxx and accompanied by the Grievance Committee, within ten working days of receipt of the grievance. A representative of the Canadian Union of Public may be present at such meeting. The Manager of Employee Relations shall answer the grievance in writing within five ten (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (510) working days of the incident giving rise to meeting with the complaint and be in the form prescribed in Step Any such Grievance Committee during which time the grievance will have been discussed at a meeting of the Director's Council. In case of a grievance alleging improper discharge of a seniority employee, the grievance may be referred to arbitration under Article by either the Union in the case initiated at Step of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect procedure provided such grievance is lodged with the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group Manager of employees commencing at Step Any complaint Employee Relations or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure designate within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) ten working days of the discharge said discharge. The Grievance Committee referred to in this Article will be as defined in Article The time limits provided for in each step of the grievance procedure shall be mandatory unless mutually agreed in writing to be extended. Such extension shall not be unreasonably withheld by either party. An employee initiating a grievance must be accompanied by an official or suspensionofficials of the Union in any step of the grievance procedure where a meeting takes place between the Board officials and the Nothing in this article precludes the parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. In taking disciplinary action within twenty-four (24) months from The Agreement be made in writing and stipulate the date name of a suspension or dismissal (reinstatement) the mediator and the time line for a similar infraction, grievance mediation to occur. It is agreed that the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date cost of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bemediation will be shared equally.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to this Agreement are agreed that it is the interpretation, application, administration or alleged violation of the utmost importance Agreement including any question as to adjust whether a matter is arbitrable. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. If an employee has a complaint, such complaint shall be presented, discussed with his immediate supervisor within three (3) working days after the alleged circumstances of which giving rise to the complaint have originated or occurred, or should have come . If the immediate supervisor is unable to the attention of the employee concerned, more than five adjust a complaint to their mutual satisfaction within three (53) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an the employee will, may proceed with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor procedure within five (5) working days following the decision of the incident giving rise immediate supervisor. The Union must submit a written grievance signed and dated by the employee to his immediate supervisor. The nature of the complaintgrievance, the remedy sought, and the section or sections of the Agreement, which are alleged to have been violated must be set out in the grievance. The immediate Supervisor shall answer the grievance supervisor will deliver his decision in writing within five three (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (53) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with grievance in writing. Failing settlement the and Chief Xxxxxxx and shall answer next step of the grievance in writing within five procedure may be taken. Within three (53) working days of such meetingfollowing the decision under Step No. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet must submit the written grievance to discuss the grievance within five (5) working days of receipt of the reply of the Plant ManagerManager (or his designate). The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five Within three (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (53) working days of the incident giving rise to receipt of the complaint and be in grievance by the form prescribed in Step Any such grievance may be referred to arbitration under Article by either Employer, (or the Union in the case of a Union grievance or policy grievance), a meeting shall be held to discuss the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and be present at this meeting if requested by either party except in the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude event of a group grievance where one of the who has signed the grievance form will be selected by the Union as a group representative of employees commencing all signatories to the grievance. Alternatively, the Chairperson may represent the group. A decision in writing shall be delivered by the party receiving the grievance within three (3) working days after the meeting at which the grievance was discussed. Failing settlement, either party may submit the matter to arbitration within thirty (30) working days after the reply at Step Any complaint or No. is given. If no written request for arbitration is received within such thirty (30) working day period, the grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have have,been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed Both the Company and the Union agree that it avoiding unnecessary grievances and the handling of oral grievances is dependent on the understanding and the combined cooperation of the utmost importance to adjust complaints management and union representatives. Should grievances as quickly as possible. Unless agreed to by both arise between the Company and the Union, no grievance shall be presentedor employees, as to the alleged circumstances meaning and application of which originated the provisions of this agreement, or occurredas to the compliance of either party with any of its obligations under this agreement, or should have come to the attention there be any complaint or grievance by any employee of the bargaining unit or the union or the company, there shall be no written grievance until an xxxxxxx effort has been made to discuss and resolve the grievance between the effected parties. FIRST, between the employee concernedaffected and the supervisor, more than five or between the Union Committeeman representing the department the effected employee and the supervisor. Such a meeting will take place within two (52) working days prior excluding Saturday, Sunday and Holidays from the time the Union representative requests the meeting. Any resolution attained at this meeting will be without prejudice or precedent to its original presentation in writing at Step A either party. If the dispute is still unresolved, a formal grievance shall consist will be written and submitted to the second step of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as followsthe procedure. Prior to filing any written grievance being accepted into the second step of the procedure, the above meeting must have taken place, and all relevant facts documented. SECOND, between the Union chairperson and the Labour Relations Manager. The employee involved, the area Union Xxxxxxx, Supervisor, and/or Department Head may also be involved. Depending on the seriousness of the issue, the National Union representative and a formal grievance, an employee will, with representative of the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it Company's General Office may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor included. A meeting for discussing grievances at this step will take place within five fifteen (515) days of the submission to this step, unless otherwise mutually agreed to. Management's decision will be given in writing within ten (1 0) working days from the conclusion of the incident giving rise meeting. Policy grievances can be submitted directly to the complaintLabour Relations Manager and if unresolved will be moved to arbitration. The immediate Supervisor shall answer It is understood that Union policy grievances are limited to such areas as the grievance within five (5) working days. The grievance shall specify the Article claim of incorrect interpretation or Articles and subsections administration of the Agreement or other action which may affect the collective interests of the bargaining unit. Subject to all established plant rules, a representative of the National Union shall at the request of the Union chair, be permitted to enter the for the purpose of obtaining necessary information pertaining to any grievance which a violation is alleged, indicate has reached the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition second step of the grievance procedure. THIRD, when a grievance, which alleges a violation or misinterpretation of this Agreement, has not been settled at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt step two, or when there is a question of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with of an issue, either party may move the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in question to arbitration. A claim that either the case company or the union has violated some provision of a Company this contract or failed to perform some obligation assumed under this contract, is an "arbitrable grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure " within the time specified shall meaning of this contract. Notice of appeal to arbitration must be deemed given by the moving party to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step other within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties procedure to this Agreement are agreed that it is be followed in the adjusting of the utmost importance any dispute or grievance shall be: The employee with a xxxxxxx and a delegate from management shall endeavour to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five within three (53) working days prior to its original presentation the alleged grievance but, failing suitable adjustments, the grievance with full explanation, shall be put in writing at Step A grievance shall consist of and a dispute concerning interpretation and/or application of any Articlecopy thereof, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior supplied by the employee to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If both the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor committee and the management within five two (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (52) working days after receipt the superintendent and employee have failed to agree. The grievance committee, the employee, a representative of the immediate Supervisor's reply at Step The Plant Manager Union and plant manager with representatives of management shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing meet within five ten (51O) working days after receiving notice of such meeting. STEP If no settlement the Company’s written response to Step It is reached at Step the understood that not more than one (1) representative of either the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt or management may not be a regular employee of the reply Company. Failing a satisfactory adjustment of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If grievance, after the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The above procedure has been completed, where the Union or the Company may initiate wishes to submit a grievance beginning to arbitration, it must do so by notice in writing to the other party not later than fifteen (15) working days after receiving the written response at Step of the Grievance Procedure. Such The grievance shall be filed submitted to a sole arbitrator chosen by mutual agreement. If the parties fail to agree upon a neutral arbitrator within five fifteen (515) working days of the incident giving rise after either party has served written notice to the complaint and other party of its intention to refer the matter to a neutral arbitrator, the Minister of Labour will be requested to appoint a neutral arbitrator. Any grievance is not arbitrable if it has not been processed through all the steps provided for in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure procedure within the time specified shall be deemed limits therein indicated, or if it has not been submitted to have been dropped. However, arbitration in the manner and within the time limits specified provided for in the Grievance Procedure present collective agreement. Neither party shall raise or proceed with a timeliness issue argument regarding “filing for arbitration” without having notified the other party of it’s final position on any given grievance in writing. The time limits outlined in Article above, may be extended by mutual agreement consent in writing writing. The arbitrator’s decision shall be final and binding on the Company, the Union and the employees concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this agreement, nor to render any decision incompatible with the provisions of this agreement, nor to consider any matter not pertaining to the present agreement. Each party shall pay it’s own costs and fees and expenses of witnesses called by it and all its representatives. The fees and expenses of the arbitrator shall be shared equally between the Company and parties. ARTICLE HOURS OF WORK The normal working day shall be one of eight (8) hours. The normal working week shall be forty (40) hours consisting of five days each of eight hours’ duration, Monday to Friday inclusive. The normal working day will be: a.m. I a.m.; a.m.- Lunch Break At the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days discretion of the discharge Company, lunch break may be moved ahead or suspension. In taking disciplinary action within twenty-four back a maximum of thirty (24) months from the date 30)minutes to accommodate completion of a suspension or dismissal procedure deemed necessary for immediate completion, with the understanding that the Company’s intent is not to do this on a regular basis (reinstatement) everyday). The normal working day may be divided into two shifts for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as long as the case company deems it necessary. At the discretion of the Company, lunch break may be. In taking disciplinary action within twelve 2) months from be moved ahead or back a maximum of thirty (30)minutes to accommodate completion of a procedure deemed necessaryfor immediate completion, with the date of an oral or written warning for understanding that the Company’s intent is not to do this on a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beregular basis (everyday).

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the inter- pretation, application, administration or alleged violation of this Agreement are agreed that it including any question as to whether a matter is arbitrable. It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until he has first given his Immediate Supervisor the opportunity of adjusting his complaint. If an employee has a complaint, such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance discussed with his immediate Immediate Supervisor within five (5) working calendar days of after the incident circumstances giving rise to the complaintcomplaint have originated or occurred. The immediate If the Immediate Supervisor shall answer is unable to adjust the complaint to their mutual satisfaction within five calendar days, the employee may proceed with the grievance procedure within five (5) working dayscalendar days following the decision of the Immediate Supervisor. A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee must submit a written grievance, signed and dated by the employee, to his Immediate Supervisor. The grievance shall specify nature of the Article or Articles grievance, the remedy sought, and subsections the section sections of the Agreement of which a violation is alleged, indicate are alleged to have been violated shall be set out in the relief sought and be signed by the employeegrievance. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance Immediate Supervisor will deliver his decision in writing within five (5) working calendar days after receipt of the grievance in writing. Failing settlement, the next step in the grievance procedure may be taken. Within five (5) calendar days following the decision under Step No. the employee must submit the written grievance to the Department Head who will deliver a decision in writing within five days of such meetinghis receipt of the written grievance. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, the next step in the grievance procedure may be taken. Within five (5) calendar days following the decision under Step No. the grievance must be submitted to the Administrator (or his designate) to be discussed at a meeting between the Administrator (or his designate), the said xxxxxxx, the and the Grievance Committee within five (5) working calendar days of receipt of the reply of the Plant Managergrievance. Either party may have outside assistance at this stage if desired. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled Administrator (or his designate) shall give his written disposition within five (5( 5 ) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working calendar days of the incident giving rise to day of such meeting. Failing settlement, either party may submit the complaint and be in the form prescribed in Step Any such grievance may be referred matter to arbitration under Article by either within ten (10) calendar days after the Union in the case of a Union grievance or the Company in the case of a Company grievancereply at Step is given. The Union may not institute a grievance directly affecting an employee or employees which If no written request for arbitration is received within such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where ten (10) day period, the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement are agreed that it including any question as to whether a matter is arbitrable. It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until has first given immediate supervisor or designate the opportunity of adjusting his complaint. if an employee has a complaint, such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance discussed with his immediate Supervisor supervisor or designate within five (5) working calendar days of after the incident circumstances giving rise to the complaintcomplaint have originated or occurred. If the immediate supervisor or designate is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days the employee may proceed with the grievance procedure within five (5) days following the decision of the immediate supervisor or designate. The grievance of an employee properly arising under this Agreement should be adjusted and settled as follows: Step No. The employee must written grievance, signed and dated by the employee, or his designate in situations where it is impossible for the employee to sign and date the grievance to his immediate supervisor or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated must be set out in the grievance. The immediate Supervisor supervisor or designate will deliver decision in writing within three (3)calendar days after receipt of the grievance in writing. Failing Settlement, the next step of the grievance procedure may be taken. Within five (5) calendar days following the decision under Step No. the employee must submit the written grievance to the Administrator (or his Within five (5) calendar days of the receipt of the grievance by the Employer, (or the Union in the case of a policy grievance), a meeting shall answer be held to discuss the grievance. The must be present at this meeting. A decision in writing shall be delivered by the party receiving the grievance within five (5) working days. The grievance shall specify calendar days after the Article or Articles and subsections of the Agreement of meeting at which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step was discussed. Failing settlement, either party may submit the grievance may be referred matter to the Plant Manager arbitration within five (5) working ten calendar days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer No. is given in writing. If no written request for arbitration is received within such ten 0) calendar day period, the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto, that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is generally understood that an employee has no grievance until has first given to department head an opportunity of adjusting complaint. Any differenceconcerning the interpretation, application, administration or alleged violation of the provisions of this Agreement, other than a difference arising from the discharge of a probationary employee, shall be presentedconsidered as a grievance. Step If an employee has a complaint or question which wishes to discuss with the Company, he shall take the matter up with immediate supervisor, within seven (7) working days from the date of the alleged circumstances occurrence said to have caused the reason for the complaint. may be accompanied by xxxxxxx if requests such assistance. Management may also request the presence of which originated the xxxxxxx. Ifsuch complaint or occurred, or should have come question is not settled to the attention satisfaction of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance concerned within five (5) working days, then the following steps of the Grievance Procedure may be invoked in order. It is understood that the employee may request a specific union xxxxxxx to attend their Step grievance meeting or any disciplinary meeting and should this individual person not be available, the employee will choose amongst those stewards available to assist them. Stet, The xxxxxxx or the employee shall outline the grievance in writing. The employee must sign the grievance. Such document must be submitted to the department head within a period of seven (7) working days from the time the verbal reply to the complaint was received as indicated in Step above. After such discussion, as is necessary, the department head shall state in writing his decision. If the grievance is not settled within seven (7) working days after it was submitted to the department head, then the grievance shall specify be taken up as follows: the Article or Articles and subsections Union representative may then within seven (7) days from the date of the Agreement decision of which the department head request, in writing, a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied meeting with the disposition of the grievance at Step the grievance may General Manager. Such meeting will be referred to the Plant Manager held within five (5) working days after receipt by the Employer, of the immediate SupervisorUnion's reply at Step letter. The Plant department head, or his delegate, may attend such meeting. The General Manager or his delegate shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing render his written decision within five (5) working days of such following the meeting. STEP If no Failing satisfactory settlement is reached in Step then, at Step the the Union Grievance Committee and representatives request of Management shall meet to discuss either party, in writing, the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration provided such request is made within thirty (30)working days after the decision of the Employer in Step has been rendered. The time limits as hereinafter providedprescribed in this article may be extended by mutual agreement of the parties in writing. In determining time limits, Saturdays, Sundays and recognized Statutory Holidays shall be excluded. If the time limits or any mutually agreed upon extensions are not observed by the Union, the grievance shall be considered as abandoned and may not be reopened. Ifthe time limits or any mutually agreed upon extensions are not observed by the Employer, the grievance may be advanced to the next stage of the Grievance Procedure. At any stage of the Grievance Procedure, including arbitration, the conferring parties may have assistance of the employee or employees concerned and any necessary witnesses and all reasonable arrangements will be made to permit the conferring parties to fully investigate all the circumstances. The Union or the Company Employer may initiate present a policy grievance beginning commencing at Step of the Grievance Procedure. Such grievance policy grievances shall not be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to could have been dropped. However, time limits specified in the Grievance Procedure may be extended filed by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beindividual.

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Company and the Union agree to this Agreement are agreed meet promptly to discuss and negotiate any or grievances that it is of the utmost importance may arise, and to adjust complaints and grievances make every to settle any matter at issue as quickly as possible. Unless agreed to by both The following procedure be progressively followed for the Company adjustment of grievances and the Union, no disputes: STEP No grievance shall be presented, considered if the alleged circumstances of which originated occur or occurred, or should have come to the attention of the employee concerned, originate more than five that fourteen (514 ) working calendar days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to the filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the first step. A meeting will be between the aggrieved employee with his Department Xxxxxxx the Chief Xxxxxxx, and the Xxxxxxx or Department Head. STEP Failingsettlement at the preceding step, the grievance may shall be referred reduced to writing and submitted to the Plant industrial Relations Manager. of the Grievance with management representatives including the Industrial Relations Manager will be arranged within five fourteen (514) working endar days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meetingbeing submitted. STEP If no Failing settlement is reached at Step the preceding step the Union Grievance Committee and representatives of Management shall meet to discuss the grievance may, within five seven (57) working calendar days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate Step deci- sion, request a grievance beginning at Step meeting of the Grievance ProcedureCommittee with management representatives, including the Manager of Manufacturing. Such grievance shall be filed The Company will endeavour to schedule meeting within five seven (57) working calendar days of receipt of the request, and provide a written decision within fourteen (14) calendar days of the incident giving rise date of the meeting. Should an agreement not be reached through the foregoing steps of the grievance procedure, it shall be han- dled in accordance the provisions of the Ontario Labour RelationsAct as Where a difference arises between the parties relating to the complaint and be interpretation, application or administration this agree. includingany question as to whether a matter is arbi- trable or where an allegation is made that this Agreement has been violated, either of the parties may, exhaust- ing any grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the form prescribed in Step Any dif- xxxxxxx or allegation arbitration providing such written request is within calendar days of com- pletion of the three preceding steps of the grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievanceproce- dure. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute notice contain the name of the party's appointee, and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage recipient of the Grievance or Arbitration Procedure notice shall, within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints address and resolve grievances as quickly as possible. Unless agreed Time limits for ail steps of the entire grievance and procedure may be extended in writing by mutual consent. For the purposes of the grievance and arbitration procedures, “working days” shall be Monday to Friday inclusive, but exclusive of holidays, A shall be defined as where a arises between the parties relating to the Interpretation, application or of this Agreement, Including any question as to whether a matter is arbitrable or where an allegation made that this Agreement has been violated. The Union acknowledges and agrees that Stewards and Officers of the Union have regular duties to perform as employees of and that such not leave their regular duties to assist employees their grievance obtaining the permisston of their Division or someone designated by both them and similarly report upon returning to their regular Such permission shall not be unreasonably denied. spent during an employee’s regular working hours pursuant to this Article (including Article 22.07-Mediation) shall be without loss of pay. Grievances properly arising under this Agreement shall be adjusted and as follows: It is understood that before the Company Grievance is reduced to writing and flied, the Supervisor have an opportunity to discuss and resolve the grievance. Within twenty (20) working days the circumstances giving rise to a grievance, the Union, no grievance through the Shop Xxxxxxx, shall request a meeting with the immediate Supervisor, who shall arrange a meeting within (5) days of receivingthe request. The employee shall be presentedaccompanied by a Shop Xxxxxxx or an Union representative. Within three (3) working days of the Step One meeting, Supervisor will advise the Shop Xxxxxxx and the writing of the date on which the Step One meeting took place and shall note whether the grievance was denied, granted or resolved. Any resolutions reached at this step be without prejudice or precedent. If the grievance is not resolved at Step One to the satisfaction of the Union, the alleged circumstances and redress sought shall be reduced writing and signed by the employee. Union shall file the grievance with the Division Head within ten working days following receipt of which originated or occurredthe written response from the Step One meeting. The Division Head shall confer with the representatives of the Union ten (1 working days after receipt of the grievance at Step Two, or should have come and shall the Union in writing of decision in respect to the attention grievance within ten working days of the employee concernedtime of the conference. The attend the Step Two meeting upon the request of the Union, more than providedthat such request must be made at least five (5) working days prior to its original presentation the date of the Step Two meeting. The Vice-Chair or Shop Xxxxxxx shall also attend the meeting in addition to the Chair. Should the decision of the Division not be satisfactory to the Union, the Union may ten working days after the receipt of the written decision of the Division Head, forward copies of the grievance and the written decision as provided for In Step Two to the Director, Labour Relations and Employee Upon receipt of such the Director, Labour Relations and Employee Services with the representativesof the within fifteen (15) working days after of the grievance at Step Three. The Director, Labour Relationsand Employee Services shall advise the Union in writing within ten working days after the conference of their decision in respect to the grievance. The attend the Step Three meeting upon the request of the without loss of pay or benefits, provided that such request must be made at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five least (5) working days of the incident giving rise prior to the complaintdate the Step Three meeting. The immediate Supervisor or Shop Xxxxxxx shall answer also attend the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred meeting in addition to the Plant Manager If the decision of Director, Labour Relations and Employee Services is not acceptable to the Union, the Union may, within five twenty (520) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with decision of the Director, Labour Relations and Chief Xxxxxxx and shall answer Employee Services, that the grievance be submitted to arbitration by notifying in writing within five (5) working days of such meetingwriting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt The decision of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union Head or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint Director, Labour and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement)Employee Services, as the case may be. In taking disciplinary action within twelve 2) months from , shall be final and binding upon and the date of an oral or written warning for Union and upon any employee affected by it unless a similar infraction, subsequent step taken the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may betimes hereinbefore limited.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of the utmost importance this Agreement to adjust complaints and grievances as quickly as possiblepossible grievances arising from the application, administration, interpretation, or alleged violation of this Agreement. Unless agreed to by both In the event of a dispute between any member or members of the Unit and the Company and in reference to the Unionapplication, no grievance administration, interpretation or alleged violation of this Agreement, the following procedure shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention followed for adjustment and settlement thereof. It is agreed that time is of the employee concerned, more than five essence and both parties agree that time limits will be strictly observed unless modified as provided in Article STEP Within six (56) working days prior following the event or from when the employee should have known of the events on which the grievance is based, the employee (or designee if appropriate due to its original presentation circumstances surrounding the matter) will present a grievance in writing at Step A to the Station Manager or his designee. The grievance shall consist will state the facts upon which it is based and the specific remedy that is sought. STEP Within thirty (30) working days of a dispute concerning interpretation and/or application receipt of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot the Station Manager will hold a Grievance Meeting. The such Union representation as the requires to a maximum of three persons, the Station Manager or his designee and such other persons as the Station Manager feels appropriate to a maximum of three persons will be settled as a result in attendance. The Station Manager will reply in writing to the and the Local President within ten working days of this discussion, then it may be dealt with as follows: the Grievance Meeting. STEP The employee shall a written grievance with his immediate Supervisor within Within five (5) working days of delivery of the incident giving rise Station Manager's reply, either party may elect to refer the matter to arbitration as provided for in Article Failing such election, the matter shall be considered closed. Notwithstanding Article any grievance concerning the discharge of an employee may be submitted directly to the complaint. The immediate Supervisor shall answer the grievance Station Manager or his designee at Step within five ten (510) working days. The grievance shall specify the Article or Articles and subsections calendar days of the discharge. If either of the parties considers that this Agreement of which a violation is allegedbeing misunderstood, indicate the relief sought and be signed misinterpreted or violated in any respect by the employee. STEP Should other, the employee matter may be dissatisfied with the disposition submitted as a written grievance and discussed between representatives of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the Company and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will who may be in attendance at this meetingaccompanied by a Union representative. If the grievance is not satisfactorily settled within five ten (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5I 0) working days of the incident giving rise above meeting, either party may refer the matter to arbitration. If either party, following the exercise of the grievance procedure, wishes to refer a matter to arbitration as provided in Article hereof, it shall, within thirty (30) days of the completion of the last meeting contemplated in Step hereof, give to the complaint other party to this Agreement written notice of its intention to arbitrate, at the same time specifying one of the following list of arbitrators as being not acceptable: -Xxxxx Xxxxxxxxx -Xxxxx Xxxxxxxx -Xxxxx The party receiving the said notice of intention to arbitrate shall, within two (2) working days, by way of telephone, acknowledge receipt of the said notice, and at the same time, specify one of the remaining list of arbitrators as being not acceptable; thereafter, the party submitting the matter to arbitration shall reciprocate by striking one of the remaining arbitrators from the list and the parties shall continue to alternate striking names from the list until such time as a single name remains on the list and shall be deemed thereby to have been appointed the arbitrator to hear the matter in dispute by mutual agreement of the parties, and shall be notified forthwith as provided for in the form prescribed letter in Step Any such grievance may Appendix to this Agreement. In the event that the arbitrator so appointed should prove unable to hear the case, the selection process shall be referred repeated again from the beginning. The hearing must commence within six (6) weeks from the date of acceptance by the arbitrator to arbitration under Article by either the Union in hearing of the case of a Union grievance or the Company in the case of a Company grievance. Should the selected arbitrator from the panel not be available, and failing agreement in selecting an alternate arbitrator, either party may request the Minister of Labour to appoint an arbitrator. The Union may not institute a grievance directly affecting decision of the arbitrator shall be final and binding upon the parties and upon any employee affected by it. The parties will jointly bear the expense of an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a wholearbitrator in equal portions. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next At any stage of the Grievance Procedure, including arbitration, all reasonable arrangements will be made to permit the conferring parties to have the assistance of the employees concerned and any necessary witnesses, to have access to the plant, and to view disputed operations, provided that such arrangements do not cause unnecessary cost to the Company or Arbitration Procedure within interfere with Company operations. If it is determined by the time specified arbitrator that any employee has not been suspended, discharged or disciplined for proper and sufficient cause, the board may make any decision which is just and equitable and which may or may not include reinstatement of the employee. The arbitrator shall have the jurisdiction and authority to interpret and apply the provisions of this agreement insofar as shall be deemed necessary to the determination of the grievance or dispute, but shall not have been droppedany jurisdiction or authority to alter in any way or to add to or subtract or any of the terms of this Agreement. However, Any and all time limits specified in the Grievance Procedure fixed by this Article may be extended or shortened by mutual agreement in writing between the Company and the Union. An employee No person may be appointed as an arbitrator who has been discharged involved in an attempt to negotiate or suspended may file a written settle the grievance. Employees shall suffer no loss of pay in attending grievance at Step within five (5) working days of or arbitration meetings with the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beCompany.

Appears in 1 contract

Samples: Collective Labour Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed recognize that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless Grievances are defined to mean a claim concerning unjust discipline or discharge or any dispute arising out of the interpretation, application or administration of or compliance with the provisions of this agreement. Any grievance not carried to the next step, including arbitration by the aggrieved party within the time limits prescribed herein, or within such extensions as may have been agreed to by both in writing, shall automatically be settled on the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention basis of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the last decision given on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaintform. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance All grievances shall be filed within five (5) working days of the incident giving rise alleged violations to the complaint agreement and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting no claim, including claim for back wages, whether for an employee or employees which such by the Union against the Company, shall be valid for any period prior to the date the claim was first filed in writing, unless the circumstances of the case made it impossible for the employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2, to know that he or the Union had grounds for such claim prior to that date, in which case the claim shall be limited retroactively to a period of thirty (30) months from days prior to the date of an oral or written warning for a similar infractionthe claim was first filed in writing. Any complaint shall promptly be taken up orally by the employee and his immediate supervisor. If the complaint is not resolved at this point, the Company employee will be granted a reasonable period of time to discuss the complaint with his Committee person or Xxxxxxx. The employee may consider request his Committee person or Xxxxxxx to be present at meetings related to performance and may request them in subsequent meetings concerning the employee's entire record preceding same issue if not resolved. writing to the employee's oral head or written warningdesignate on the form provided by the Company. Where possible, as all grievances shall specify the case may be.Article or of the Agreement which are claimed to have been violated. The head or designate will date and initial the grievance. A meeting time and date will be set by mutual agreement within one working day and the grievance will be taken up in an office within two working days with:

Appears in 1 contract

Samples: Collective Agreement

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