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. Rolling Sunset Clause: 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: sp.ltc.gov.on.ca, negotech.labour.gc.ca
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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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. 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 STEP ONE 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 STEP TWO 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 STEP THREE 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. Rolling Sunset Clause: 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 It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of permanent employees shall be adjusted as quickly as possible. Unless agreed to by both the Company and the Union, no grievance Such complaints shall be presented, acted upon in 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 following manner and sequence. In this Article a grievance shall consist of a dispute concerning interpretation and/or and application of any Article, Schedule or Clause in the terms of this Agreement. Should If any question arises as to whether a particular dispute is or is not a grievance arise within the meaning of this Agreement the question may be taken up through the following steps of the grievance procedure and determined if necessary by arbitration. In all of the steps where time limits are named as days only, it is agreed that Saturdays, Sundays and paid specified holidays except floating holidays are excluded. It is understood that a permanent employee has no grievance until they have first given their Supervisor or the Assistant Manager or nominee, as the case may be, an opportunity of adjusting their complaint. In discussing such complaint, the permanent employee shall clearly indicate that the discussion is a Step grievance. The permanent employee or the Employer may request the presence of a union representative. Such complaint shall be handled as follows. Prior to filing a formal grievance, an employee will, discussed with the assistance of his xxxxxxxSupervisor or the Assistant Manager or nominee, refer within five (5)days after the on an informal basis circumstances giving rise to his immediate Supervisor. If the grievance cannot be settled as a result of this discussioncomplaint having occurred, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate and the Supervisor or the Assistant Manager or nominee will render their decision within five (5) working days following the day on which the complaint was presented. Failing settlement, it may then be taken up as a grievance within three (3) days following the decision of the incident giving rise to Supervisor or the complaintAssistant Manager or nominee. Step Failing settlement at Step the Chief Xxxxxxx may file a written grievance with the Director, Transit Services or nominee. The immediate Supervisor shall answer written grievance signed by the grievance within five (5) working daysmust contain the nature of the grievance, the remedy sought and the of the Agreement which are alleged to have been violated. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and must be signed by the employee. STEP Should the employee be dissatisfied filed in person with the disposition of the Director, Transit Services or Nominee at which time a grievance at Step the grievance may meeting date shall be referred to the Plant Manager agreed upon but which should be within five (5) working days after receipt of the immediate Supervisor's reply at Step filing said grievance. The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance and/or Director, Transit Services or nominee will deliver their decision in writing within five (5) 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 day on which the grievance within is presented to them. They will also distribute copies of the original grievance and their answer to the Supervisor and Assistant Manager. Failing settlement then Step may be invoked Step Within five (5) working days following the decision under Step the Grievance Committee may submit the written grievance to the Employer's Director of receipt of Employee Relations or designate. A meeting will be held within seven (7) days at which time the reply of the Plant Managermatter will be reviewed. The Union's National Representative Director of Employee Relations or designate will be in attendance at this meeting. If deliver their decision within seven (7) days from the grievance is not settled within five (5) working days date on which the meeting was held under Step Failing settlement under Step it may be referred submitted to Arbitration in accordance with Clause A policy grievance arising directly between the Employer and the Union alleging a violation of this Agreement,' in regard to which an individual permanent employee could not grieve, may be originated under Step Failing settlement under Step it may be submitted to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. in accordance with Article Such grievance shall by the Employer or by the Union as provided in this Clause, may be filed lodged at any time within five twenty (520) working full calendar days of after the incident circumstances giving rise to such grievance occurred or originated. Failing settlement under the complaint and be in foregoing procedure of any grievance between the form prescribed in Step Any 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 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. Rolling Sunset Clause: In taking disciplinary action received 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 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 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. Rolling Sunset Clause: 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 this Agreement are agreed that it is (a) 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. Local Page Step Step Should a grievance any difference arise it between the Board and an employee as to the interpretation, application, administrationor alleged violation of this Agreement, an effort to settle such difference without delay shall be handled as followsmade in the following sequence and manner. Prior Within five (5) working days of the event which gave rise to filing a formal grievancethe difference, an employee willthe employee, who shall be accompanied by the xxxxxxx, 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. Page 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 Local Page grievance procedure. Rolling Sunset Clause: 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: Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties Prior to this Agreement are agreed that it is commencingto Step 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 presentedcontained herein, the alleged circumstances of which originated or occurred, or should have come employee shall discuss his concern with his immediate supervisorin an effort to avoid a written grievance being filed. If any employee has a grievancehe wishes to bring to the attention of the employee concernedCompany, more than five (5) working days prior to its original presentation in writing at Step A grievance he 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, take the matter up 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 meetingaccompanied by his Xxxxxxx. If the grievance is not settled to the satisfactionof the employee within five two (52) days, it will then be stated in and be submittedto the Department Manager. Step Within three (3) days, the Department Manager such other persons as may be designatedby the Company) will meet with the employee and his Xxxxxxx,to discuss the grievance. The Department Manager will give his answer to the grievance,in writing, within two (2) days after the meeting has been held. If his reply to the grievance is not satisfactory, the Union may, within three (3) working days it after receiving the written reply of the Department Manger, refer the matter to the Plant Manager. Step Within three (3) days receipt of the grievance, the Plant Manager such other persons as may be designated by the Company), will meet with the Union as outlined in Article At this meeting a full-time Staff Representativeof the Union may be present, if requested by either party. The Plant Manager will give a written reply to the grievance within three (3) working days after the meeting has been held. If the meeting referred to in Step does not result in a settlement of the grievanceto the satisfactionof both parties, then either party to this Agreement may, within thirty (30) days after the date of the written reply, refer the matter to arbitration as hereinafter providedhereinafterprovided. The Union or the Company may initiate a grievance beginning at Step Any 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 allowancesprovided for in the form prescribed in Step Any such grievance may be referred to arbitration under this 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 agreement. The Company may refuse to consider any complaint, the alleged circumstancesof which arose more than live (5) days prior to the complaintbeing presented to the Supervisor. If the Company does not respond within the prescribed time limits, the Union may at its discretion, proceed to the next applicable step. ARTICLE ARBITRATION: Where a matter is referred to arbitration, the Party requesting Arbitration shall advise the other Party in writing between of its request, together with a statement as to the Company and the Unionissue to be I arbitrated. An employee who has been discharged impartial Arbitrator shall be selected by the Parties or suspended may file a written grievance at Step if such Parties fail to agree upon the selection of an Arbitrator within five twenty (520) working days of notification of appeal to Arbitration, then the discharge Minister of Labour for the Province of Ontario shall designate the Arbitrator. Thejurisdiction of the Arbitrator shall be limited to the matter in dispute and he shall not have the jurisdiction to change, modify or suspensiondisregard any provision of this Agreement, nor substitute any new provision in lieu thereof, nor to give any decision inconsistent with this Agreement. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from The Parties agree that an Arbitrator shall have the date power to award compensation or damages to any party, or employee, who is dealt with contrary to the provisions of a suspension or dismissal (reinstatement) for a similar infraction, this Agreement. All decisions of the Company may consider Arbitrator arrived at in accordance with the employee's entire record preceding suspension or dismissal (reinstatement), as provisions of this Agreement shall be final and binding upon all parties concerned. Each of the case may be. In taking disciplinary action within twelve 2) months from Parties hereto will share equally the date expenses 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 beArbitrator.
Appears in 1 contract
Samples: Collective 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: Step I 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. Step 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 Step 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. Rolling Sunset Clause: 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: 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. Complaint Stage 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. Step No. 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. Step No. 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 droppedabandoned. 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. Rolling Sunset Clause: 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.Policy
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, 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. Rolling Sunset Clause: 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: 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. Rolling Sunset Clause: 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 to For the purpose of this Agreement are agreed that it is Agreement, grievance shall mean a dispute between a member or a group of members of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company bargaining unit or Local and the UnionHospital, no grievance shall be presentedregarding the application, the interpretation or alleged circumstances violation 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 Step One: The will first submit the 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 Shop Xxxxxxx or Union Representative within five (5) ten working days of the incident event giving rise to the complaintgrievance and a discussion of the matter will take place with the Employee’s Department Head or designate. The immediate Supervisor shall answer Step Two: If the matter is not resolved within five working days of being referred to step the grievance within five (5) shall be submitted in writing to the Labour Relations Manager or designate. If the matter remains unresolved after ten working days from submission to the Labour Relations Manager or designate, it may be. referred to arbitration. At any stage in the grievance procedure, an aggrieved employee may elect to be accompanied by a Union Representative or Shop Xxxxxxx. All time limits set out in this article are intended to mean working days, and do not include Saturdays, Sundays, holidays , vacation or illness days. The grievance shall specify time limits as indicated above can be extended by written agreement by both parties to this Agreement. In the event that an employee’s vacation or leave of absence request has been denied, or where the time elements established under Article or Articles and subsections restrict the expeditious resolution of the Agreement of matter at hand, either party may refer such matters to an expedited arbitration process which a violation is alleged, indicate the relief sought and shall be signed governed by the employee. STEP Should following provisions: The matter shall be heard before a single arbitrator; The arbitrator shall be chosen from the employee rotating panel defined in Article The hearing shall be dissatisfied held within seven calendar days from the date of the appointment; An arbitrator, unable to hear the matter within the required time limit, shall forfeit his turn to act as arbitrator and shall not be until his turn comes up again as per the regular rotation; Such hearings shall be informal in nature with each party being allowed to present their case before the arbitrator; A verbal decision will be made by the arbitrator within twenty-four hours of the conclusion of the hearing, with the disposition of written decision to follow; All cases proceeding before this expedited arbitration process shall be non-precedent setting, and shall only deal specifically with the case before the arbitrator. Grievances not submitted in writing to the Labour Relations Manager or his designate within the time limits Specified above will be considered invalid and will not be carried further in the grievance at Step procedure. When the Union or the Hospital presents a grievance, the grievance may be referred to submitted 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 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 Hospital at Step Two 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. Rolling Sunset Clause: 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 beprocedure.
Appears in 1 contract
Samples: negotheque.travail.gc.ca
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. Step No. 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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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: negotech.service.canada.ca
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: Stew No. 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 io 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: Step No. 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: No. 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. Rolling Sunset Clause: 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. 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 ARTICLE ARBITRATION 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. Rolling Sunset Clause: 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 In the event of a by an employee who is covered by this Agreement are agreed that it he has been dealt with contrary to its terms or that he has been unjustly disciplined, the employee shall first discuss the matter with his Supervisor. If the 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 and shall contain a concise statement of the utmost importance facts complained of and shall state the Article of this Agreement which the Authority has 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 Grievance Procedure within and not after five (5) working days prior (when the administrative office is scheduled to its original presentation in writing at Step A grievance shall consist be open) 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 date of the incident giving rise to the complaintgrievance, otherwise it shall be deemed to have been withdrawn. The immediate following procedure shall be adhered to in processing grievances: STEP The aggrieved employee shall present his grievance to his Supervisor. He may be accompanied by his Xxxxxxx. The Supervisor shall answer will deal with the grievance and give his answer 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 (when the administrative office is scheduled to be open) after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with date upon which he received the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meetinggrievance. 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 by the decision of the Supervisor, it may be presented to the Facilities Manager within five and not after three (53) working days it may (when the administrative office is scheduled to be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step open) of the Grievance Procedure. Such date a Union Xxxxxxx receives the Supervisor’s written answer to the grievance shall be filed (or if the Supervisor does not give an answer in writing then within five and not after three (53) working days of (when the incident giving rise administrative office is scheduled to the complaint and be in the form prescribed in Step Any open) after 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 answer ought to have been droppedgiven). However, time limits specified in the Grievance Procedure may be extended by mutual agreement The Facilities Manager will give his decision 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 three (53) working days of (when the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24administrative office is scheduled to be open) months from after the date of a suspension or dismissal (reinstatement) for a similar infraction, upon which he received 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. (a) 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 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, 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 it occurred or originated more than ten full working days the filing of the grievance. It is understood that an employee has no grievance until the matter has been referred to immediate supervisor and an opportunity given to adjust the complaint. The immediate Supervisor In the computation of time in Articles and Saturdays, Sundays and staff holidays shall answer the grievance within five (5) working daysnot be counted. 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 contained in the Grievance Procedure may be extended by mutual agreement between the parties. A grievance of an employee properly arising under this Agreement shall be adjusted and as follows: Step No. The aggrieved employee shall present his/her grievance in writing between his/her outside the Company and bargaining unit who shall then arrange a meeting to discuss the Unionwithin a period of five days the presentation of the grievance to The shall have the assistance of his/her xxxxxxx at this meeting if the employee so desires. An employee who has been discharged or suspended may file The immediate shall give his/her answer in writing within a written grievance at Step within period of five (5) working days of the said meeting. If the answer is not satisfactory to the or if no answer is given then the next step in the grievance procedure may be taken at any time within five days after receipt of said answer. Step No. The aggrieved employee may submit his/her grievance to the of Employee or nominee, who shall then arrange a meeting to discuss the grievance within a period of five days. The griever and grievance the appropriate the Superintendent of Services, or nominee, and the Manager may attend this meeting. The decision from said meeting shall be rendered within five days. Should the decision not be satisfactory to the employee then the next step in the Grievance Procedure may be taken at any time within five days of the receipt of the decision. Step No. 3 The aggrieved may submit his/her grievance in to the Chief Executive of the Board. The grievance notice shall contain the complete grievance, listing all alleged to have been violated by specific number and shall not expanded upon after submission. The settlement requested must be detailed in the grievance. The Chief Executive of the Board or his/her nominee and two elected trustees shall meet five working days to discuss and to endeavour to the grievance. The Employee Manager may also be present. The Grievance Committee shall be present and at the request of either party to this Agreement a Regional Representative of the Union shall also be present. The Chief Executive Officer shall render the decision in writing within five days following the said meeting. If the answer of the committee of the Board of Education is not satisfactory and if the grievance is one which the interpretation, application. administration or alleged violation of the the grievance may or may not be referred by the Union to a Board of as provided in Article 9 at any time within ten days of receipt of the decision, but not later. When an employee by this Agreement is called to the to be interviewed concerning any matter which might reasonably be anticipated to result in the discipline or discharge or suspension. Rolling Sunset Clause: 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 he/she may be accompanied by a member of the case may beUnion Executive if so desires. In taking disciplinary action within twelve 2) months from Articles and should the date of an oral or written warning for a similar infraction, and/or the Company may consider Union fail to abide by the employee's entire record preceding lines in Articles and/or 9 the employee's oral or written warning, as the case may beParties will deem matter to be abandoned.
Appears in 1 contract
Samples: Agreement
ARTICLE GRIEVANCE PROCEDURE. I I The parties to this Agreement are agreed that it is members of Local No. of the utmost importance to adjust complaints International Association Fire Fighters shall, from among their members, appoint a Grievance Committee three (3) employees and grievances as quickly as possible. Unless agreed to by both shall forthwith notify the Company Fire Chief and the Union, no Administrative Officer of the names of the members of the committee and of changes made from time-to-time in the membership of the said committee. I A grievance shall be presenteddefined as a written complaint regarding the application or alleged violation of an express term of this provision or, in the alleged circumstances case of which originated an employee who has acquired seniority under this Agreement, a complaint that he has been discharged or occurred, or should have come to disciplined without just cause. All grievances shall bear the attention signature of the employee concerned, more than five (5) working days prior and shall state the Article of the Collective Agreement which is alleged to its original presentation in writing at be violated and the remedy sought. 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 I shall be handled as follows. Prior presented to filing a formal grievancethe Fire Chief, an employee willor in absence, with to 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 Deputy Fire Chief within five (5) working seven calendar days of the incident after.the circumstances giving rise to the complaintgrievance. The immediate Supervisor shall answer the Any grievance which is not presented in writing within five (5) working days. The grievance shall specify the Article such time need not be accepted or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed considered by the employeeChief or Deputy Fire Chief. STEP Should I The Fire Chief, or in his absence, the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred Deputy Fire Chief, shall respond 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 seven 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 after the grievance is not settled submitted to him. I Step I The griever may appeal to the Chief Administrative Officer within five seven (57) working days it of the decision of the Fire Chief or Deputy Fire Chief and the Chief Administrative Officer shall respond in writing within fifteen (15) calendar days of the date he has received the written grievance. Failing settlement at this level, the matter may then be referred to Arbitration within seven days of the Chief Administrative Officer's response. All members of Local shall be advised of their right to have a representative of the Executive Board of Local present at all disciplinary hearings with management after a formal written reprimand has been issued.' ARTICLE ARBITRATION Properly constituted grievances which have proceeded through the grievance procedure outlined above may proceed to arbitration as hereinafter providedprovided by the Section of the Eire Departments Act, as amended. The Union or Written notice of Arbitration shall be forwarded to the Company may initiate a grievance beginning at other party within thirty calendar days of the decision rendered under 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. Rolling Sunset Clause: 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 beprocedure.
Appears in 1 contract
Samples: negotech.labour.gc.ca
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. Rolling Sunset Clause: 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: Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it is Agreement, a grievance defined as a difference arising either between a member of the utmost importance bargaining unit and the Company or between the parties hereto relating to adjust the interpretation, administration or alleged violation of this Agreement. The grievance shall identify the nature of the grievance, the remedy sought and state that the Agreement has been violated and shall be in the form attached as Schedule or such amended form as the Union shall determine and provide. During a disciplinary discussion, when formal discipline is imposed or at any stage of the formal grievance procedure an employee shall have the right, upon request, to the presence of xxxxxxx. In the case of suspension or discharge, the Company shall notify the employee of his right in advance. It is the mutual desire of the parties hereto that complaints and grievances 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. The may have the assistance of a union xxxxxxx if so desires. Such complaint shall be presented, discussed with his immediate supervisor within five 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 concerned, more than employee. Failing settlement within the five (5) working days prior to its original presentation calendar days, the following steps of the grievance procedure shall be followed within the time limits provided for otherwise the parties acknowledge that no matter The parties may mutually agree in writing at Step A grievance to extend or waive these contractual time limits. 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 submit the grievance, an employee willin writing on the form, with and signed by him and a shop xxxxxxx (or the assistance of his xxxxxxx, refer the on an informal basis Business Agent) 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 calendar days of the incident giving rise to the complaintfollowing his immediate supervisor's decision. The employee may be accompanied by a union xxxxxxx. 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 supervisor will deliver his decision in writing within five (5) working three calendar days of such meeting. STEP If no settlement is reached at Step following the day on which 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. Rolling Sunset Clause: 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.was presented to
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: Step 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 the employee within three (3)working days of such meeting. Step A grievance shall consist If the matter is not settled, then within three (3)working days of the Human Resources Manager or Operations Manager reply, the Union Staff Representative may request 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, meeting with the assistance of his xxxxxxxCompany’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, refer but no later than two (2) weeks after the on an informal basis to his immediate SupervisorCompany receives notification from the Union that such meeting is desired. If the grievance canmatter is not be settled as disposed of at such a result of this discussionmeeting, then it may be dealt with as follows: STEP The employee the Company Representative shall a render his written grievance with his immediate Supervisor within five (5) working days of the incident giving rise 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. Rolling Sunset Clause: 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: Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties to of this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possiblepossible and at the possible step. Unless agreed to by both the Company and the Union, no No complaint or grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come considered unless it relates to the attention interpretation, application, administration or alleged violation of this Agreement or where the employee concerned, circumstances giving rise to it occurred more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist before filing of a dispute concerning interpretation and/or application of any Article, Schedule the complaint or Clause in this Agreementgrievance. Should a grievance arise it Complaints and Grievances 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 adjusted and settled as a result of this discussion, then it may be dealt with as follows: STEP The aggrieved employee shall present her complaint verbally to her Supervisor in a meeting specifically intended for this purpose. She shall have the presence of a Xxxxxxx if she SO desires. If a settlement satisfactory to the employee concerned is not reached within five (5)working days, the complaint may be carried forward to Step No. of the Grievance Procedure at any time within (5) working days thereafter as per Article The parties agree that any settlement reached at this stage of the Grievance Procedure shall be without admission of liability on the part of any party and shall apply only to the case at hand. It is further understood and agreed that any settlement reached at this stage of the Grievance Procedure will not set any precedent and will not be referred to or in any way relied upon by either party in any future cases. Step No. The aggrieved employee may with her xxxxxxx present the grievance in written form to the Department Manager who shall render his decision in writing within five (5) working days followingthe presentation of the grievanceto him. If a settlement satisfactory to the employee is not reached the grievance may be carried forward to Step No. at any time within five (5) working days after the rendering of the Department Manager’s decision. The aggrieved employee may submit her grievance in writing to the Plant Manager, or his designate who shall arrange a meeting with his immediate Supervisor the said employee within five (5) working days from the receipt of the grievance at Step No. At this meeting the aggrieved employee may be accompanied by the Grievance Committee and a full-time representative of the Union. If final settlement of the grievance is not completed within five (5) working days of the incident giving rise meeting referred 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 No. the grievance may be referred by either party to a Board of Arbitration as provided in Article at any time within fifteen (15) days thereafter, but no later. Working days shall mean Monday through Friday excluding Paid Holidays. Failure by the union to observe its limits constitute withdrawal of the grlevance, while failure of the company to observe its time limits will result in the granting of grievance, prejudice basis, provided it properly arises under this section and provided further that the circumstances giving rise to the Plant alleged incident occurred or originated nor more than five days before the filing of the grievance at step one. Group Complaint or Grievance Where a complaint or grievance affects more than one employee with substantially the same interest they may present the same complaint or grievance and it be processed in the same manner as an individual complaint or grievance. ARTICLE DISCIPLINE CASES Where a record of verbal warning or a written warning is placed in the employee’s file, the employee will be given two (2) copies with the explanationthat one (1) copy is to go to the Union the employee so desires. The Company will give the Union a copy of any suspension or discharge notice as soon as possible after it has been given to the employee. Upon receipt of said copies the employee must sign the original copy on their file to indicate that they did in fact receive the copies but not to admit guilt or to agree with the action taken by the Company. Any unjust action may be the subject of a grievance in the case of an employee who has attained seniority. When the Company advises a seniority employee of a suspension or discharge, a Union Xxxxxxx shall be present at the meeting as an observer. The absence of a Xxxxxxx, because of unavailability, shall not prevent the Company from suspending an employee pending investigation. In the event of an employee, who has attained seniority, being suspended or discharged from employment and the employee feeling that an injustice has been done, the case may be taken up as a grievance. The employment of a probationary employee may be terminated at the discretion of Management. A claim by an employee who has attained seniority, that she has been unjustly suspended or discharged from her employment shall be treated as a grievance if a written statement of such grievance signed by the employee, is lodged with the Factory Manager within five (5) working days after receipt the employee is notified 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 meetingher discharge. 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 All preliminary steps of the Grievance ProcedureProcedure prior to Step No. will be omitted in such case. 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 to arbitration under Article settled by either confirming the Union Management’s action in dismissing the employee, or by reinstating the employee in her former position with full compensation for time lost, or by any other arrangement which is just and equitable 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 conferring parties 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. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date Board of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement)Arbitration, as the case may be. In taking All disciplinary action within twelve 2) months from the date records of an oral or written warning employee shall be removed from an employee file if she established a clear record 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 betwelve (12) calendar months.
Appears in 1 contract
Samples: 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 question as to adjust complaints and grievances as quickly as possiblewhether a matter is arbitrable. Unless agreed If an employee or employees has or have any grievance, which he or they wish to by both take up with the Company and the UnionEmployer, 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 heard without undue delay in the following manner: STEP - The employee will, shall confer with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisorxxxxxxx in the presence of the Union xxxxxxx and all possible efforts shall be made to settle the differences that may arise. If Any matter not settled at this stage may become the subject of a written grievance cannot be settled as a result of this discussion, then it may be and dealt with as follows: STEP The grievance of the employee shall be stated in writing on a standard form supplied by the Union, which shall be completed as indicated on the form. The form will then be presented to the Plant Manager who will state his decision within two (2) working days of receiving the complaint. If the decision of the Plant Manager is not satisfactory, the xxxxxxx or a duly authorized Representative of the Union may appeal the decision to a representative of the Employer. STEP -The shop xxxxxxx and the manager of finance and administration or his designate shall meet to discuss the grievance not later than three (3) working days after receipt of the Plant Manager's written decision. The Union shall have the right to have a duly authorized representativeof the Union present at this meeting. The manager of finance and administration or his designate shall render a decision in writing within two (2) working days the close of the meeting. If the grievance is not then settled, then at the request of either party to this Agreement, the grievance may be referred to arbitration. STEP If a settlement of the grievance is not then reached, it may then be dealt with by Arbitration as set forth in Article of this Agreement. Such Arbitration proceedings must be commenced by the aggrieved party within thirty (30) days after the completion of Step above unless an extension is mutually agreed upon by both parties. A written grievance must be filed with his immediate Supervisor the Employer within five (5) working days of the incident occurrence giving rise to the complaintgrievance or from when the occurrence ought reasonably to have become apparent. The immediate Supervisor shall answer Any time limits in 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 proceedings may be extended by mutual agreement in writing between the Company and the Unionwriting. An Any employee who has acquired seniority standing and has been discharged by the Employer shall have the right, upon his request and without pay, to submit the circumstances to the Shop Xxxxxxx for a reasonable period of time before leaving the premises. Permission by the Employer shall not be unreasonablywithheld. During the probationary period, an employee shall be considered as being employed on a trial basis and may be disciplined or suspended dismissed by the Employer in its sole discretion. Probationary employees may file a written grievance at Step within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension grieve that their discipline or dismissal (reinstatement) was not for a similar infractionjust cause. For the purpose of this Article and Agreement, the Company may consider the employee's entire record preceding suspension standard for disciplining or dismissal (reinstatement), discharging a probationary employee is 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.follows:
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. Rolling Sunset Clause: 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 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 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 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. A labour-management meeting shall be in attendance at this meetingheld between the Company and the Union 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 clause of this article, the grievance must be referred to arbitration as hereinafter providedwithin ten (1 0) days thereafter. The Union ARTICLE ARBITRATION 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. Rolling Sunset Clause: 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 this Agreement are agreed mutual desire of both the Board and the Occasional Teachers is that it is of the utmost importance to adjust complaints and all grievances shall be adjusted as quickly as possiblepossible at the lowest administrative level. Unless agreed A grievance is a claim by an Occasional Teacher, or a group of Occasional Teachers relating to a difference arising from the interpretation, application, administration or alleged contravention of this Collective Agreement, and shall also include the question of whether a matter is arbitrable. The grievance must be carried forward through this procedure by both the Company initiating the grievance. Grievances shall normally be settled in the following manner and sequence: STEP Informal Stage The Occasional Teacher having a grievance arising out of this Collective Agreement shall first approach their Principal, or appropriate Supervisor. The grievance must be received within ten (10) days after the UnionOccasional Teacher becomes aware of the circumstances giving rise to the grievance or when the event could reasonably be detected. The Principal, no or appropriate Supervisor to whom the grievance was presented shall be presentedreply verbally within three (3) days after receipt of the grievance. Failing with the verbal reply of the Principal, or appropriate Supervisor, the alleged circumstances of which originated or occurred, or should have come to Occasional Teacher may approach 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 Superintendent concerned who will respond verbally within five (5) working days receipt of the incident giving rise grievance. Failing satisfaction with the verbal reply of the Superintendent concerned, the Occasional Teacher may proceed to Step The may be accompanied by no more than two (2) representatives of the complaintAssociation. The immediate Supervisor shall answer STEP Formal Stage Failing satisfaction with the grievance reply in Step then 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 reply, 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 submitted in writing to the Director of Education or designate. The Director of Education, or designate, shall reply in writing within five ten (510) working days of receipt of the incident grievance. Failing satisfaction, the Occasional Teacher may proceed to Arbitration. A formal grievance must: be in writing; include the name of the and a detailed description of the or giving rise to the complaint and be grievance; identify the redress sought; include the specific allegedly being breached. Grievance Mediation At any stage in the form prescribed grievance procedure, the parties by mutual consent in Step Any such writing, may elect to resolve the grievance may by using grievance mediation. The parties shall agree on the individual to be referred the mediator and the time frame in which a resolution is to arbitration under Article by either be reached. If there are any costs related to mediation they shall be shared equally between the Union parties. The time lines outlined in the case grievance procedure shall be frozen at the time the parties mutually agreed in writing to use the grievance mediation procedure. Upon written notification of a Union either party indicating that the grievance or mediation is terminated, the Company time lines 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 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. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months continue 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 bepoint at which they were frozen.
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. Rolling Sunset Clause: 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. (a) 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. Rolling Sunset Clause: 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 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. Step 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. Step 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. Rolling Sunset Clause: 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: I 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. Rolling Sunset Clause: 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 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 STEP 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 Within twenty (20) calendar days the delivery of the written grievance, the Employer or NATION January March .doc designate shall answer give a written response to the employee and the Union representative. STEP If the grievance is not satisfactorily settled under Step then the Union shall, within five fifteen (515) 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 calendar days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene written response hold a meeting with the meeting, 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 with the Employer or designate. Within ten (510) working calendar days of receipt of after that meeting, the reply of Employer or designate shall deliver a written response to the Plant ManagerUnion and if the grievance is denied, such response shall give reasons for the denial. The Union's National Representative Where the Union or Employer submits a policy or general grievance, such grievance will be in attendance at this meeting. writing and will be submitted under Step and dealt with in accordance with the provisions of Step Time Limits If the grievance is time limits set out in Steps and above are not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union complied with by the or Union, 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 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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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 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: Step 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 Special Note: 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 suspensionparties to this Agreement. Rolling Sunset Clause: 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 beArticle Discipline. 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.and
Appears in 1 contract
Samples: negotech.labour.gc.ca
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 Article Arbitration 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 both parties. Upon mutual agreement the Union in parties may choose to resolve any outstanding grievances through an alternate process including federal mediation through the case of a Union grievance or the Company in the case of a Company grievanceCanada Industrial Relations Board. 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. Rolling Sunset Clause: 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. Step 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. Step 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. Rolling Sunset Clause: 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 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. Step 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. Step 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. Article Arbitration 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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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: negotech.service.canada.ca
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. Step 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: Step 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. Step 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. Rolling Sunset Clause: 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 Should a dispute arise between the Board and any regarding the interpretation, meaning, operation, or application of this Agreement, an xxxxxxx effort shall be made to this Agreement are agreed that it is settle the dispute in the following manner: Employees and their immediate Supervisor with or without a shop xxxxxxx shall make an xxxxxxx effort to resolve any difference prior to commencement of the utmost importance to adjust complaints and grievances as quickly as possibleformal grievance process. 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 submit their concerns in writing and any discussions shall be without prejudice to the formal grievance with his immediate Supervisor process. Step All grievances shall be submitted, in writing, within five twenty-one (521) working days of the incident giving rise incident, citing the violated and the solution sought. In the event of a grievance originating while an Employee is on an approved leave of absence from work, such grievance shall be lodged within twenty-one (21) working days of the said Employee returning to work. Step Failing satisfactory Settlement in Step the complaint. The immediate Supervisor shall answer concerned, together with the grievance Xxxxxxx, will submit within five (5) working days. The grievance shall specify the Article or Articles and subsections , a written statement 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 particulars of the grievance at Step complaint and the grievance may be referred redress sought to the Plant Manager Superintendent and/or Designate and he shall render his decision within five (5) working days after receipt of the immediate Supervisor's reply at grievance. Failing satisfactory settlement being reached in Step The Plant Manager shall convene a meeting the concerned, together with the and Chief Xxxxxxx and Grievance Committee, shall answer submit the grievance in writing matter to the Board of Trustees within five (5) working days after receipt of such meetingthe Superintendent designates decision. STEP If no settlement is reached at Step Upon written request by the the Union Grievance Committee and representatives Union, a hearing shall be granted. The Board of Management Trustees shall meet to discuss the grievance render its decision within five ten (510) working days of receipt of the reply of the Plant Managerfollowing hearing. 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. Rolling Sunset Clause: 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.Xxxxx Xxxx School Division Employees Page of
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 possiblepossible any complaints or differences between the parties arising from the interpretation, application, administrationor alleged contraventionof this Agreement, includingany question as to whether a is arbitrable. Unless agreed to by both An employee who believes they have a complaint or a difference shall first discuss the Company and the Union, no grievance shall be presented, the alleged circumstances complaint or difference with their supervisor within twenty (20) days of which originated or occurred, or should have come to the attention first becoming aware 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 complaint 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 Supervisordifference. If any complaint or difference is not satisfactorily settled by the grievance cannot be settled as a result supervisor within seven (7) days of this the discussion, then it may be dealt with as followsprocessed within an additional ten ( I0) days in the following manner: STEP STAGE ONE The employee may file a grievance in writing with their supervisor. The supervisor shall a written grievance with his immediate Supervisor give the griever their decision in writing within five seven (57) working days of the incident giving rise to submission of the complaintgrievance. The immediate Supervisor shall answer the grievance within five parties may agree to hold a meeting during this seven (57) 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 day period to be signed attended by the supervisor, 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 , Human Resources 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 representative in an attempt to discuss resolve the grievance within five (5) working days of receipt of the reply of the Plant Managerissue. The Union's National Representative will be in attendance at this meeting. STAGE TWO If the grievance is not settled resolved under Stage One, the employee may submit the grievance to the Vice President, Human Resources or their designee within five seven (57) 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 date that they received the decision under Stage One. In the event that no decision in writing is receivedin accordance with the specified time limits in Stage One, the may submit 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 Vice President, Human Resources Director 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 their designee 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 date that the supervisor was required to give their decision in writing in accordance with Stage One. The Vice President Human Resources or suspensiontheir designee shall hold a meeting with the employee within fifteen (15) days of the receipt of the grievance and shall give the griever their decision in writing within seven (7) days of the meeting. Rolling Sunset Clause: In taking disciplinary action If the griever is not satisfied with the decision of the Vice President Human Resources or their designee or if they do not receive the decision within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, specified time the Company griever may consider refer the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action matter to Arbitration 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.fifteen
Appears in 1 contract
Samples: Collective 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. Rolling Sunset Clause: 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: Of Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties (a) 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 Step No. 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. No. 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. Rolling Sunset Clause: 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 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 and application of any Article, Schedule or Clause clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion in the treatment of employees by supervision, contrary to the terms of the Agreement. Should If any question arises as to whether a particular dispute is or is not a grievance arise within the meaning of these provisions, the question may be taken up through the grievance procedure and determined, if necessary, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievance promptly, through the following steps: By a conference between the aggrieved employee and the Branch Manager or his designate. Failing settlement, the grievance must be submitted in writing within seven (7) calendar days from the date the alleged violation of the Agreement or from the date the alleged violation became known to the but, in no case, more than thirty (30) days. The seven (7) days and thirty (30) days limitation provided above shall not deprive an employee or the Union of the right to register a retroactive claim for Health and Welfare or premiums where such premiums or contributions have not been paid in line with the provisions of this Agreement. Nor, shall the limitation apply to laid-off employees claiming that they have not been recalled in line with the provisions of Article The shall be accompanied by a Union Xxxxxxx and, if deemed necessary by the Union, he shall also be accompanied by a Business Representative of the Union. Failing settlement at the above step, the Branch Manager will render his decision in writing and shall refer the grievance to and arrange a meeting between the Union and the General Manager or his designate within seven (7) days of the date that the grievance was registered in writing. This meeting shall be held in the locale of the terminal involved unless otherwise agreed. The General Manager or his designate shall render his decision within seven (7) days from the date the grievance was referred to him. In the event the Union or the Company has a grievance, it shall be handled as follows. Prior the responsibility of the to filing a formal grievance, an employee will, with advise 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 other party in writing within five seven (57) 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 alleged violation of the Agreement and, by such notification, arrange a meeting within fourteen (14) calendar days between the General Manager or his designate and a duly accredited Principal Officer of which a violation is alleged, indicate the relief sought and be signed by the employeeLocal union or his designate. STEP Should the employee be dissatisfied with the disposition of the grievance at Step fail to reach a satisfactory settlement, the grievance may be referred submitted 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 single impartial Arbitrator, writing within five seventy-two (572) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee hours (Saturdays, Sundays and representatives of Management shall meet to discuss the grievance within five (5general holidays excluded) 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 from 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. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from Should the date of a suspension or dismissal (reinstatement) for a similar infractionparties fail to reach satisfactory settlement in the preceding steps, the Company final settlement of the grievance may consider the employee's entire record preceding suspension or dismissal (reinstatement)be submitted to a single impartial Arbitrator, as outlined below. It shall be the case may be. In taking disciplinary action within twelve 2) months from responsibility of the date of an oral or written warning for a similar infraction, party desiring arbitration to so inform the Company may consider other party in writing in the employee's entire record preceding the employee's oral or written warning, as the case may be.case
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 the complaint of the utmost importance to adjust complaints and grievances an employee shall be resolved as quickly promptly 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 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 until he has first discussed 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 complaint with his immediate Supervisor within five (5) working days of the incident giving rise supervisor and afforded him an opportunity to the endeavour to adjust his complaint. The If an employee has a complaint he shall discuss it with his 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 supervisor within five (5) working days after receipt the circumstances giving rise to the complaint have originated or occurred. Failing settlement, it may be taken up as a five (5) working days following advice of the immediate Supervisor's reply at Step supervisor’s decision in the following manner and sequence: The Plant employee shall submit a written grievance signed by him to the Programme Manager with a copy to his immediate supervisor. The nature of the grievance, the remedy sought and the Articles of the Agreement which are alleged to have been violated, shall be set out in the grievance on the prescribed form. Any grievance not submitted within the time limits provided herein shall be deemed to have been abandoned. The Programme Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance deliver his decision in writing within five (5) working days of such meetingfollowing the day on which the grievance was presented to him. STEP If no settlement Failing settlement, then: Step Within five (5) working days following the decision under Step I, the employee shall submit the written grievance to the Department Head or designate who shall review the grievance and render a decision in writing within five (5) working days from the date on which the grievance is reached at presented to him. Failing settlement, then: Within five (5) working days following the decision under Step the employee shall submit the Union Grievance Committee written grievance to the Executive Director or designate. The Executive Director will meet with the and representatives of Management shall meet the Xxxxxxx from the appropriate area to discuss review the grievance within five (5) working days of receipt receiving the grievance at this step. The Executive Director shall have such counsel and assistance as she may desire at this meeting as may the Union request the presence of the reply Union Staff Representative. Failing settlement, the decision of the Plant Manager. The Union's National Representative will Executive Director or designate shall be delivered in attendance at this meeting. If the grievance is not settled writing within five (5) working days it from the date on which the grievance meeting was convened. Failing settlement, under the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the grievance is arbitrable, the grievance may be referred submitted to arbitration as hereinafter provided. The Union or If no written request for arbitration is received within five (5) days from the Company may initiate a grievance beginning at Step date of the Grievance Procedure. Such decision under Step above is given, the grievance shall be filed deemed to have been abandoned. It is agreed that a grievance arising directly between the Employer and the Union shall be originated under Step above within five (5) working days of after the incident circumstances giving rise to the complaint grievance have occurred or originated, and be in the form prescribed in time limit set out with respect to that Step Any such grievance may be referred to arbitration under Article by either shall appropriately apply. However, it is understood that the Union in the case provisions of a Union grievance or the Company in the case of a Company grievance. The Union this Section may not institute be used with respect to a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and that the regular grievance procedure shall not be bypassed. All agreements reached under the grievance procedure between the representatives of the Employer and the regular Grievance Procedure representatives for the Union, shall not thereby be by-passed except where final and binding upon the Employer, the Union and the employees. All time limits referred to in the grievance would affect procedure and the Bargaining Unit arbitration procedure, shall be construed 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 mandatory and failure to comply with any time specified limits shall be deemed abandonment of the grievance or denial of the grievance as the case may be. Notwithstanding the foregoing, the parties may agree to have been droppedwaive or extend any of the time limits established in this grievance procedure. However, time limits specified in the Grievance Procedure may any such agreement shall be extended by mutual agreement in writing between and acknowledged by the Company parties. For the purposes of the grievance and arbitration provisions, the Unionwords “working days” shall not include Saturdays, Sundays or paid holidays. An ARTICLE DISCHARGE A claim by an employee who has completed his probationary period, that he has been discharged or suspended may file unjustly discharged, shall be treated as a special grievance if a written statement of such grievance is lodged at Step of Article of the grievance procedure within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from after the date of such discharge, and the time limit set out with respect to that Step shall appropriately apply. Such special grievance may be settled under the grievance and arbitration procedures by: Confirmingthe Employer’s action in discharging the employee; reinstating the employee with compensation and seniority for the time lost; or By any other arrangement which is just in the opinion of the parties or the arbitration board if appointed. ARTICLE ARBITRATION When either party requests that a suspension or dismissal (reinstatement) for a similar infractiongrievance be submitted to arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party and at the same time, appoint its nominee to the Board of Arbitration. Within ten working days thereafter, the Company other party shall appoint its nominee and notify the other party. The two nominees so appointed shall confer to select a Chairman for the Board of Arbitration. If they are unable to agree upon such a Chairman within a period of ten (10) working days, they should then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. No person may consider be appointed as a nominee who has been involved in any attempt to negotiate or settle the employee's entire record preceding suspension grievance. The Arbitration Board shall not have the jurisdiction to amend or dismissal (reinstatement)add to any of the provisions of this Agreement, as or to substitute any new provision in lieu thereof, nor to give any decision inconsistent with the case may beterms of this Agreement. In taking disciplinary action within twelve 2) months from No matter shall be dealt with at arbitration which has not been properly carried through all the date requisite steps of an oral or 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, Union and the Company may consider employees. Each of the employee's entire record preceding parties hereto shall bear the employee's oral or written warningexpense of the nominee appointed by it, as and the case may beparties shalljointly bear the fees and expenses of the Chairman of the Arbitration Board.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties to I A grievance as defined by this Agreement are agreed that it is limited to a complaint which involves the interpretation, application or alleged violation of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both a provision of this Agreement or a policy practice which the Company and the Union, has using or practicing. I There shall be no suspensionsor interruption of work because of any grievance. The settlement of a 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 handled 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, accordance 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 followsfollowing procedure: STEP The employee shall a written grievance with his immediate Supervisor within Step Within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer occurrence thereof, the grievance within five (5) working daysshall be discussed in a meeting between the affected employee and immediate supervisor. The grievance shall specify Elected Union Representative may or not be involved in this discussion at the Article or Articles and subsections option 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 supervisor involved shall give oral answer with the disposition of respect to the grievance not later than one (1) working day following said discussion, If grievance is not settled at step, then: Step Within three (3) working days following receipt of oral answer provided in Step I, the grievance may shall be referred put in writing, dated, signed by-the employeewhenever possible approved by the Elected Union Representative and presented to the Plant Manager or designate. The Plant Manager or designate shall within five three (53) working days after following receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting written grievance meet with the and Chief Xxxxxxx and employee the Elected Union in an attempt to settle the matter. If settlement is reached, the matter shall answer be consideredclosed. If the grievance in writing is not settled, a written and signed decision setting forth the Employer's position, and the reason therefore. shall submitted by the Plant Manager, or designate, to the Elected Union Representative 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 of the Plant Manager. The Union's National Representative will be in attendance at this following said meeting. If the grievance is not settled within at this step, then: Step Within five (5) working days following receipt of written decision provided in Step Local President or designate of the Union and the Plant Manager or designate shall meet at a mutually convenient time and place and attempt to settle the grievance. If settlement is reached, it shall be put in writing and signed by both parties. In the event that no settlement is reached at Step then the grievance may be referred submitted to arbitration as hereinafter providedin accordance with Article of this Agreement. The Union or If the Company may initiate has a grievance beginning grievance, it shall be taken up 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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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. Rolling Sunset Clause: 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: 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 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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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: 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: Stage 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. Stage 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 Fire Fighters have an alleged grievance, it shall be taken up by the Grievance Committee starting at Step Stage Any complaint difference arising directly between the Association and the Corporation concerning the interpretation or grievance violation of the terms and provisions of this Agreement, may be submitted to either party by the other at Stage In determining the time within which any step is not commenced or processed through to be taken under the next foregoing provisions of this Article, Saturdays, Sundays and Statutory and declared Holidays shall be excluded. At any stage of the. Grievance Procedure, including Arbitration, the conferring parties may have the assistance of the Fire Fighters concerned and any necessary witnesses, and all reasonable arrangements shall be made Continued: to permit the conferring parties to have access to the Department, to view disputed operations, and to confer with the necessary witnesses. The time limits fixed in both the Grievance or and 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 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. Rolling Sunset Clause: 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: Agreement
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 occurrence of the circumstances giving rise to the grievance. In the case of a union grievance, this grievance shall commence with the sending of the grievance to the Manager or suspensionhis or her appointee, and in the case of an Association grievance, such grievance shall commence with the sending of the grievance to the Union. Rolling Sunset Clause: In taking disciplinary action 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. ARTICLE ARBITRATION 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 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement are agreed or concerning the interpretation, application or alleged violation of this Agreement. Any employee believing that it is he has been unjustly dealt with, or that the provisions of this Agreement have not been complied with, shall have the utmost importance right to adjust complaints and place such grievances as quickly as possible. Unless agreed to by both in the Company and hands of the Union, no for review and adjustment by the Employer if necessary. Such grievances shall be processed as follows: Within seven (7) working days after the event giving rise to the grievance occurs, the employee and Xxxxxxx shall discuss the grievance with the employee’s supervisor. The supervisor shall give an oral answer to the grievance within four (4) working days. I settlement: The grievance shall be presented, reduced to writing and discussed between the alleged circumstances of which originated or occurred, or should have come to Union Representative 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 AgreementSection Manager. Should a grievance arise it This discussion 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 held within five seven (57) working days of the incident giving rise decisions at Step The Section Manager will give an answer in writing to the complaint. The immediate Supervisor shall answer the grievance within five four (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 (54) working days of the incident giving rise meeting. Failing settlement: Step The grievance shall be reduced to writing and forwarded to the complaint and Site Manager of the Employer within one (1) week of the decision at Step which shall have one (1) week to dispose of the grievance. The decision shall be in writing and sent to the form prescribed in Step Any such grievance offices of the Union. If considered necessary by the parties, a meeting may be referred held by the parties and may include the interested person. If a meeting is held, the decision shall be given to arbitration under Article by either the Union in other party within seven (7) days from the date of the meeting. In the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute discharge, a grievance directly affecting may be filed by an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby who feels he was unjustly dealt with. Such a grievance must 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 filed 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 four (54) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) and shall commence at Step In any subsequent disposal of this case during the grievance procedure, the Employer may reinstate the employee with full back pay, suspend the employee for a similar infractiondefinite period, or sustain the Company may consider discharge, if mutually agreed to by the employee's entire record preceding suspension or dismissal (reinstatement)parties to this Agreement. Grievances concerning rates shall commence at Step of the grievance procedure and the disposition of such grievances, as if sustained, shall include the case may be. In taking disciplinary action within twelve 2) months from determination of the effective date of an oral the increase with retroactivity thereto. The Employer or written warning for a similar infraction, the Company Union may consider file policy grievances commencing at Step or Step The time limits as prescribed above may be modified by mutual agreement of the employee's entire record preceding the employee's oral or written warning, as the case may beparties.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. (a) 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. Rolling Sunset Clause: 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: negotech.service.canada.ca
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. Rolling Sunset Clause: 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 to this Agreement are agreed that it is In the event a grievance arises on a vessel of the utmost importance Company as to adjust complaints and grievances as quickly as possiblethe interpretation or application of or compliance with the provisions of this agreement, including without limiting the generality of the foregoing, a grievance in respect of wages, hours of work. Unless agreed to by both the Company or conditionsof employment of any Officer,there shall be no interruption or impeding of work, and the Unionpatties shall endeavour to settle the grievance in the following manner: STEP ONE who believes he has a grievance must discuss that grievance with the Manager, and if no satisfactory solution is achieved, he must submit that grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come in writing to the attention Manager 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 vessel within five (5) working days of the incident giving rise its alleged occurrence. The Manager must reply to the complaint. The immediate Supervisor shall answer the written grievance within five (5) working daysdays of its receipt. STEP TWO no settlement is reached in Step One, the Guild representativeacting on the behalf must, within fourteen (14) days from the date the Manager replied under Step One, meet with a Company representative in order to discuss the grievance, and if possible, to achieve a settlement. The grievance shall specify Company representativeshall render decision in writing. STEP THREE no settlement is reached in Step Two, either party must indicate its intention to proceed to arbitration by notifying the Article or Articles and subsections other party by registered mail with seven (7) days of receipt of the Agreement decision in Step Two. ARTICLE ARBITRATION In the event any difference arising between the Company and the Guild as to the interpretation, alleged violation or application of which or compliance with this or as to any grievance or dispute arising out of the operation of section of this agreement the difference may be submitted to arbitration pursuant to the terms of this section. of any difference arising under sub-section shall be submitted to a violation is alleged, indicate the relief sought and be signed jointly selected by the employeeUnion and Company. STEP Should This selection shall be made within ten days after the employee request for arbitration has been made by either party to this agreement. Inthe event that the fail within the said ten (10) day period to agree upon the selection of an arbitrator an Arbitration Board shall be dissatisfied with formed consisting of three (3) members: the disposition Company and the Union each selecting one man and these two shall select a third party who shall act as a Either party shall appoint its nominee not later than five (5) days after receipt of written notice of the grievance at Step other party's nomination. In the grievance may event of a failure of the two (2) men selected by the respective parties to select a third party as provided above, they ask the Minister of Labour for Canada to select and designate the third party. Inthe event the selected arbitrator is unable to serve by reason of death, incapacity or or for other reason, his replacement shall be referred appointed in the same manner as is provided herein for the appointment of the first arbitrator. A statement of the dispute or question to be arbitrated shall be submitted by the grieving party to the Plant Manager arbitrator within five (5) working days after receipt of his appointment. arbitrator shall convene the partieswithin ten (10) days following his appointment unless a delay is agreed to by the parties, and the arbitrator shall render his decision as soon thereafter as possible. The decision of the immediate Supervisor's reply at Step arbitrator shall be limited to the dispute or question contained in the statement or statements submitted to him. The Plant Manager decision of the arbitrator shall convene a meeting with not change, add to, vary or disregard any conditions of this agreement. The decisions of the arbitrator which are made the authority of this Arbitration shall be final and Chief Xxxxxxx binding upon the Company, the Guild and all persons concerned. Each party to this agreement shall pay all expenses, fees and costs, of the members of the Arbitration Board selected by it or by the Minister of Labour and shall answer share equally 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 expenses, fees and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt costs, of the reply third member 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. Rolling Sunset Clause: 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 beBoard.
Appears in 1 contract
Samples: negotech.service.canada.ca
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. II 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. Rolling Sunset Clause: 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 If an employee feels there has been a violation of this Agreement are agreed that it as to its meaning or application, the following steps shall be taken providing the procedure is commenced within five days of the utmost importance to adjust complaints and alleged violation. Alleged grievances as quickly as possible. Unless agreed to by both shall be dealt with progressively in the Company following manner: First Step: Between the aggrieved employee, or the xxxxxxx or both, and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention supervisor of the Department in which 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 Agreementworks. 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. Second Step: If the grievance canis 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 at the First Step within five (5) working days, it shall be processed between the aggrieved employee, xxxxxxx or the Chief Xxxxxxx and the Department Manager or his designated representative. Grievances presented at this stage shall be in writing and shall clearly set out the circumstances giving rise to the grievance, the of the Agreement alleged to have been violated, and the remedy sought for the alleged violation. Third Step: If the grievance is not settled at the Second Step within five (5) days, it shall be processed between the aggrieved employee, xxxxxxx or the Chief Xxxxxxx accompanied by a full time representative of the Union and the Company President or his designated representative together with other Employer representatives. If either the Employer or the Union alleges violations of the Agreement, the grievancemay be dealt with through the grievance procedure established by this Article, beginning with the Third Step and shall be presented in writing within five (5) days of the incident giving rise to the complaintgrievance. The immediate Supervisor shall answer If a grievance is not initiated within the grievance within five (5) working days. The grievance shall specify time limits of this CollectiveAgreement or is not processed according to 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 time limits at each step of the grievance at Step procedure including the time limits for referral to arbitration, 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. Rolling Sunset Clause: 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 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. VERSA & 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 XXXXXXX00 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 CARE 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. Rolling Sunset Clause: 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 It the mutual desire of the utmost importance Parties hereto that any complaint or cause for dissatisfaction between an employee and the Company with respect to adjust complaints and grievances the application, Interpretation, or alleged violation of Agreement shall be adjusted 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 requiredto consider any grievance with his immediate Supervisor which is not presented within five ten (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 (510) working days after receipt the or the case of a grievance, the Union, first became aware or ought to have become aware 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 alleged violation of the reply of Agreement. It is generally understood that an employee has no complaint or grievance until he, either directly or through the Plant Manager. The Union's National Representative will be in attendance at this meeting. If , has given immediate supervisor an opportunity to adjust the grievance If, after registeringthe complaint the supervisor and such complaint is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or days, then the Company may initiate a grievance beginning at Step following steps of the Grievance Proceduremay be Step The employee or a Xxxxxxx may present the grievance to the employee’s Department Manager. Such grievance shall be filed in writing on a grievance form providedby the Unionand shall include the nature of the grievance, the remedies sought and the provisions of the agreement which are alleged to have been violated. The Department Manager xxxxx meeting with the and the Xxxxxxx within five days of the the grievance. The Department Manager shall in five (6) days following the grievance meeting. Failing settlement at this step: Within five (5) working days of after the incident giving rise decision inwhich Step given or ought to have been given, the complaint and be in the form prescribed in Step Any such grievance may be referred submitted to arbitration under Article the Manager, Human Resources or designate. A then be held between the Department Director, or his designate and such others as may be chosen by him not to exceed three (3)in number and the and the grievance committee (not to exceed three (3)in number). Such meeting shall be heldwithin five (5) of submission of the grievance at Step unless extended by agreement of the parties. The Staff Representative of the Union may be present if requested by either party. The decision of the Director, Service or his designate be in writing seven (7) days following the date of such is agreed that a grievance arising directly between the Company and the Union in shall be under Step and the case of a Union grievance or time limits set out with respect to that Step shall appropriately apply. Is understood, however, that the Company in the case of a Company grievance. The Union provisionsof Section may not institute be used with respect to a grievance directly affecting an employee or employees which such and that the employee or employees could themselves institute and the regular Grievance Procedure grievance procedure shall not be thereby bypassed. Where a number of employees have grievancesand each employee would be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude to grieve separately, they may present a group grievance signed by a group of employees commencing at and such written grievance shall be under Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within and the time specified limits set out with respect to that Step shall appropriately apply. Time limits after the grievance initiatedand before going to shall be deemed to have been droppedconsidered directory and not mandatory. However, Any time limits specified in the Grievance Procedure may be extended by mutual agreement written agreement. "Days" 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) this Article means working days of the discharge or suspension. Rolling Sunset Clause: 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 bedays.
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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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: Wage Employees Retirement 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: Step No. 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. Step No. 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. Step 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. Rolling Sunset Clause: 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 parties to For the purpose of this Agreement are agreed that it Agreement, a grievance or complaint is defined as a difference arising either between a member of the utmost importance bargaining unit and the Hospital or between the parties hereto relating to adjust the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement that are alleged to have been violated. It is the mutual desire of the parties hereto that complaints and grievances 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 she has first given her immediate supervisor the opportunity of adjusting her complaint. The may have the assistance of a committee member if she so desires. Such complaint shall be presented, discussed with her immediate supervisor within five (5) 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 concerned, more than employee. Failing settlement within the 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 then 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 taken up 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. days following her immediate supervisor's decision in the following manner and sequence: I The grievance employee shall specify submit the Article or Articles grievance, in writing, and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by her, to (designated by Hospital as referenced in the local provisions). A committee member may accompany the employee. STEP Should The (designated by Hospital as reference in the employee local provisions) will deliver her decision in writing to the committee member within five (5) days following the day on which the written grievance was presented to her. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be dissatisfied with submitted in writing to the disposition (designated by Hospital as referenced in the local provisions). A meeting will then be held between the (designated by Hospital as referenced in the local provisions) and the designated Union representatives who may be accompanied by the general representative of the Union, within five (5) days of the submission 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 unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Union 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 ten days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from following 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 besuch meeting.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that Employer and the Association agree it is of the utmost importance important to adjust complaints and grievances as quickly as possible. Unless agreed to by both It is understood that a nurse has no grievance until she has first discussed her complaint with the Company and Nursing Supervisor without the Unionmatter being resolved. Incomputing the days for taking any action or giving any notice, no Saturdays, Sundays or holidays shall not be counted. A formal grievance shall be presented, one having to do with the interpretation or alleged circumstances violation 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 as follows. Prior in writing and contain a statement of facts giving rise to filing a formal the grievance, an employee willthe redress sought, with and indication of the assistance of his xxxxxxx, refer the this Agreement on an informal basis to his immediate Supervisor. If which the grievance cannot is based. A formal grievance must be settled as filed within ten days of the circumstances giving rise to the grievance. At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a result nurse is being investigated, a nurse is entitled to be represented by her or his Union Representative. In the case of suspension or discharge, the Employer shall notify the nurse of this discussionright in advance, then The nurse will be informed of the nature of the meeting and the Association will be given as much advance notice as possible. The Employer agrees to provide written reasons within seven (7) calendar days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nursewho has completed her or his probationary period, without just cause. The following shall be the procedure in handling and processing nurse grievances submitted by the nurse. Step The nurse may be dealt with as follows: STEP The employee submit the grievance in writing to the Area Manager who shall a written grievance with his immediate Supervisor give her decision within five (5) working days of receipt of the grievance. Within five (5) days following the decision under Step the nurse may submit the written grievance to the Senior Area Manager who will deliver her decisionwithin five (5) days from the date the grievance was submitted to her. Step Within five (5) days following the decision in Step the nurse may submit the written grievance to the Director of Human Resources, or designate. A meeting will be held betweenthe management and the grievance committee withinten (IO) days of the incident giving rise to referral. It is agreed that a staff representative of the complaintOntario Nurses Association may be present at the meeting and that the employer may have such counsel and assistance as it may desire at the meeting. The immediate Supervisor shall answer the grievance management decision will be delivered within five (5) working days. The grievance shall specify the Article or Articles and subsections 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 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 Once a complaint is reached at Step initiated, the the Union Grievance Committee and representatives of Management parties shall meet have a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the grievance issue and attempt to arrive at a resolution. The Association’s Labour Relations Officer is entitled to attend such meetings at the request of either party. If, after the end of such forty (40) calendar day period, the issue has not been resolved either party may inform the other party within five fourteen (514) working calendar days of receipt its intent to forward the matter to arbitration. Such notice shall contain the name of the reply of first party’s appointee to an Arbitration Board. Where such written notice is within twelve (12) calendar days after the Plant Manager. The Union's National Representative above forty (40) calendar day period, it 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 droppedreceived within the time limits. 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 The recipient of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action notice shall, 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.ten
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 "working days" shall not include Saturdays, Sundays or Clause in this AgreementPaid Holidays. Should a grievance arise it shall Any 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 immediateSupervisor and given the Supervisoran 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 responsibilityto arrange for the Xxxxxxx to be present. Failingsettlementthen within five (5) working days of receipt of following the reply of decision under Step I,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; Step 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 Executive Director or designate will meet with the and review the grievance. A representativeof the Union or the Company may initiate a grievance beginning at Step of the Grievance Procedureattend this meeting if requestedto 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 satisfactoryto the the may refer the matter to Arbitration in accordance with the complaint and be in provisions of this Agreement. If no written request for Arbitration is received within ten (10) working days from the form prescribed in Step Any such grievance may be referred to arbitration 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 necessaryfor a Union Xxxxxxx to assist an employee with the presentationof 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 (a 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 understoodthat a policy grievance may not be used with respect to a complaint or grievance directly affectingan employee and that the regular grievance procedure shall not be by-passed. Probationary employees may not access the grievance procedure if discharged during probationary period. All agreements reached under the grievance procedure between the representativesof the Employer and the representativesof the Union, shall be final and binding upon the Employer, the Union and the employees. Notwithstandingthe 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 requeststo 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 referredthe mediation process shall take place before the matter is referred to Arbitration. Article ARBITRATION 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. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24If no written request for Arbitration is receivedwithin ten 0) months 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 working days thereafter, the other party shall nominate a member to the Board of Arbitration and notify the other party. The two (reinstatement), as the case may be. In taking disciplinary action within twelve 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 provisionsof 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 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 in respect to any specific grievance substitute a named umpire for the Board of Arbitration providedfor 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 to Any dispute involving the application, interpretation or alleged violation of this Agreement are agreed that it is may be made the subject of the utmost importance to adjust complaints a grievance and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance an xxxxxxx effort shall be presented, made to settle such a dispute fairly and promptly in the alleged circumstances of which originated or occurred, or should have come to following manner: At any step within the attention of grievance procedure the employee concernedmay be accompanied by a xxxxxxx. The employee must first discuss the dispute with the immediate Manager. If settlement is reached, 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 may be handled as follows. Prior to filing a formal grievance, an employee willfiled by the employee, with the assistance of his the union xxxxxxx, refer in writing to the on an informal basis Human Resources manager and a copy is to his be submitted to the immediate Supervisor. If the grievance cannot be settled as a result of manager providing this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor is done within five seven (57) working calendar days of the incident giving rise to the complaintgrievance. The Human Resources and immediate Supervisor manager 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 respond 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 seven (57) working calendar days of its receipt. The statement of the grievance shall the particulars of the grievance and the remedy sought by the If a settlement is not reached, the employee will, in writing, request a meeting with the Director of Program Support. This request must be done within seven (7) calendar days of the reply from the immediate Manager and must be accompanied by a copy of the grievance. At this meeting, an employee may be assisted by a xxxxxxx, if requested. The Director of Program Support shall respond to the grievance in writing within seven (7) calendar days of such meeting. STEP The request for the meeting must be made within seven (7) calendar days however; the meeting does not have to occur seven (7) calendar days. The parties confirm in the date of the meeting and this meeting will occur within (15) calendar days of the request for the meeting. If no a settlement is reached at Step not reached, the employee will, in writing, request a meeting with the Union Grievance Committee Executive Director or designee. This request must be done within seven (7) calendar days of the reply from the Director of Program Support and representatives must be accompanied by a copy of Management the grievance. At this meeting either party may have such assistance as it deems necessary. The Executive Director or designee shall meet respond to discuss the grievance in writing within five seven (57) calendar days of such meeting. The request for the meeting must be made within seven (7) calendar days however; the meeting does not have to occur within seven (7) calendar days. The parties in writing the date of the meeting and this meeting will occur within (15) calendar days of the request for the meeting. The decision of the Executive Director shall be given in writing within seven (7) working days of receipt of following the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the Any grievance is which has been processed but not settled within five (5) working days it through the above grievance procedure may be referred submitted 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 in accordance with Article providing such submission is made within five (515) working calendar days of the incident giving rise to last written dispositionby the complaint and be in the form prescribed in Step responding party. 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 initiatedor processed through the next stage of the Grievance or Arbitration Procedure within the time limits specified above shall be deemed to have been droppedconsidered abandoned. HoweverAt any step of the grievance procedure, the time limits specified in the Grievance Procedure imposed upon either party 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. Rolling Sunset Clause: 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 bewriting.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties to Clause 1 Any complaint, disagreement or difference of opinion between the Co-operative and the Union or the employees covered by this Agreement are agreed that it is which concerns the interpre- tation, or alleged violation of the utmost importance to adjust complaints terms and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance provisions of this Agreement shall be presented, considered a grievance. Clause 2 All grievances submitted in writing shall clearly set forth the alleged circumstances issues and contentions of the aggrieved party including the article of the Agreement allegedly violated as well as the remedy sought. Clause 3 An employee who feels he has been aggrieved within the terms of Article above may present a griev- ance. Any grievance which originated or occurred, or should have come is not presented to manage- ment at Step One within ten calendar days follow- ing the event giving rise to the attention of the employee concernedgrievance, 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 forfeited and waived. Clause 4 The procedure for adjustment of grievances shall be as follows. Prior to filing : Step One: By a formal grievance, an employee willdiscussion between the employee, with the assistance of his xxxxxxxShop Stewarx xxxxxnt at the employee' option, refer and the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as management supervisor, who must render a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor reply within five (5) three working days of the incident giving rise to the complaintmeeting. The immediate Supervisor shall answer Step Two: If a satisfactory settlement is not reached at Step One, then within seven calendar days of management's reply, the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which be submitted in writing on-a violation is alleged, indicate the relief sought and be signed form supplied by the employee. STEP Should Union and dealt with at a discussion between the employee be dissatisfied with Shop Stewarx, xxx Union Representative, and the disposition of the grievance at Step the grievance may be referred to the Feed Plant Manager within five (5) working days after receipt of the immediate Supervisor's Manager, who must render a 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 meeting. Step Three: If a satisfactory settlement is not reached at Step Two, then within fourteen calendar days, the grievance shall be submitted to the complaint and be in Industrial Relations Manager of the form prescribed in Step Any such grievance may be referred to arbitration under Article by either Co-operative who will review the matter with the Union in the case of Representative and render 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 reply 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. Rolling Sunset Clause: 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 befourteen calendar days.
Appears in 1 contract
Samples: To December
ARTICLE GRIEVANCE PROCEDURE. The parties Parties to this Agreement are agreed agreement believe that it is of the utmost importance important to adjust complaints and grievances grievances, as quickly as possible. Unless agreed Notwithstanding any provision contained in this article, any nurse and/or the Association may present a complaint of general application within fifteen (15) days from date of occurrence, without recourse formal written procedures herein described. A nurse may lodge a complaint or grievance, if she feels the Employer has acted contrary to by both the Company and the Unionthis agreement, no grievance shall be presentedin regards to its interpretation, the alleged circumstances of which originated or occurredapplication, administration, or should have come to alleged violation or if she has been unfairly disciplined or discriminated against, In all steps of this grievance and complaint procedure, an aggrieved nurse, if desired, may be accompanied or represented by her committee member or nurse representative. The following procedures shall apply for handling complaints and grievances: A nurse shall lodge a verbal cornplaint with the attention Director of the employee concerned, more Nursing Services not later than five (5) working days prior following the occurrence of the event giving rise to its original presentation in writing at Step A grievance the complaint. The Director of Nursing Services 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 give her verbal reply within five (5) working days of the incident giving rise receipt of the verbal complaint and, the decision is unsatisfactory to the complaint. The immediate Supervisor shall answer the grievance complainant, Step may be followed within a further five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which Failing 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 satisfactory settlement under Step the grievance may shall be reduced to writing, dated and signed, and shall be presented to the Administrator of Home For The Aged. Within five (5) working days after a grievance has been referred to him, the Plant Manager Administrator or his designated representative will meet with the Association Committee to discuss the grievance. Either party may have-representatives or consultants attend this meeting. A written reply to the grievance will be given within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a this 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 meetingheld. If the grievance such reply 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 satisfactory to the complaint and be in nurse, the form prescribed in Step Any such grievance may be referred to arbitration the Director of Human Resources at Step Failing a satisfactory settlement 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 Step 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 presented to have been droppedthe Director of Human Resources. 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 Within ten (510) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of after a suspension or dismissal (reinstatement) for a similar infractiongrievance has been referred to him, the Company Director or his designated representative will meet with the Association Committee to discuss the grievance. Either party may consider have representatives or consultants attend this meeting. A written reply to the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action grievance will be given 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.ten
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 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: Step The Plant Manager shall convene Within five (5) working days following the decision in Step 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. Rolling Sunset Clause: 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: negotech.service.canada.ca
ARTICLE GRIEVANCE PROCEDURE. The parties Any individual employee, group of employees or the Alliance shall have the right at any time to present grievances under the procedure outlined in this Agreement are agreed Agreement. When an employee feels that it is he has a grievance he shall consult with a supervisor in respect of the utmost importance complaint prior to adjust complaints filing a formal grievance and grievances as quickly as possibleattempt to resolve the-matter. Unless agreed The employee should be accompanied by his shop xxxxxxx. Grievances must be filed within fifteen working days and hearings shall be held promptly. Any employee suspended shall be restored to by both his former position with full pay of all time lost if such suspension be not sustained The following steps constitute the Company recognized grievance procedure under this Agreement: Representing the Employee or the Alliance Step Representative of the Alliance Step Representative of the Alliance Step Representative of the Alliance Representing the Employer Step Operations Manager or General Xxxxxxx Step General Manager Step Arbitration The Employer and the UnionAlliance agree with the principle of using a single arbitrator to settle grievances; however, no grievance if the patties cannot agree on a single arbitrator, an arbitration tribunal shall be presentedset up. This tribunal is to consist of a Management representative, the alleged circumstances of which originated or occurred, or should have come an Alliance representative and these two people will decide on a third member who will act as a Chairperson. If agreement cannot be reached as to the attention selection of a Chairperson within a period of three (3) weeks, either party may then request the Federal Minister of Labour to appoint a Chairperson. This tribunal will render a decision as soon as possible subsequent to the hearing. accordance with the Canada Labour Code, there shall be no stoppage of work while the procedure outlined in this Article is being followed. The time limit for replies for the first two steps of the employee concerned, more than procedure shall be 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 and fifteen (515) working days for a reply at the third level, unless the Alliance and the Employer agree in writing to an extension. All replies beyond level one shall be in writing. The jurisdiction of the incident giving rise arbitrator shall be restrained to the complaintterms and conditions spelled out in the Collective Agreement. The immediate Supervisor Employer and the Union shall answer share the grievance within five (5) working dayscost of the arbitrator and each party shall be responsible for their own costs during the arbitration. The grievance shall specify Employer acknowledges the Article or Articles and subsections right of the Agreement Alliance to appoint or otherwise select employees as representatives. A representative shall obtain the permission of which a violation is allegedhis immediate supervisor before leaving work to investigate employee complaints, indicate to meet with local management for the relief sought purpose of dealing with grievances and be signed to attend meetings called 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 Proceduremanagement. 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 permission shall not thereby be by-passed except where unreasonably withheld. Where practicable, the grievance would affect the Bargaining Unit as a wholerepresentative shall report back to his supervisor before resuming his normal duties. This Clause IAn employee shall not preclude a group grievance signed by a group suffer any loss 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 pay when permitted 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. Rolling Sunset Clause: 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.leave his workplace under article
Appears in 1 contract
Samples: 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. Rolling Sunset Clause: 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 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. Rolling Sunset Clause: 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: negotech.service.canada.ca
ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of An Employee may be discharged, suspended or disciplined for just cause and if the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the UnionEmployee believes has been unjustifiably discharged, no grievance shall be presentedsuspended or disciplined, the alleged circumstances of which originated or occurredEmployee may have Grievance processed under the Grievance Procedure starting at Stage Two, or should have come to the attention of the employee concerned, more than five if presented in writing within seven (57) working days prior to its original presentation after the date of discharge, suspension or discipline. If a Grievance should be settled finally in writing the favour, reinstatement and pay adjustments shall be made at Step A grievance shall consist the Employee’s regular basic rate (leas amounts earned during time lost) for the hours per week or any other arrangement which is just and equitable in the opinion of the conferring Parties or in the opinion of a dispute concerning interpretation and/or application Board of any ArticleArbitration if the matter is referred to such a Board. Stage One The aggrieved Employee, Schedule or Clause in this Agreement. Should accompanied by a grievance arise it Xxxxxxx shall be handled as follows. Prior first take the written Grievance to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Employee’s Immediate Supervisor. If Any Employee‘s Grievance which is not settled by 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 Employee’s Immediate Supervisor within five (5) working days of the incident giving rise presentation, may then proceed to the complaint. The immediate Supervisor shall answer the grievance within five Stage Two, provided that not more than seven (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 (57) working days after elapsed since the notification by the Supervisor to the of the decision. It is understood that any decision reached at this Stage of the Grievance Procedure is without precedent or prejudice. Stage Two One Union Committee Member accompanied by the aggrieved Employee, shall take the written grievance to their respective Department Head and send one (1) copy to the Personnel Director in conformance with the procedure under Stage One. A meeting shall take place within seven (7) working days from 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 notification from the Grievance ProcedureCommittee. Such grievance An answer shall be filed given 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. Rolling Sunset Clause: 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.seven
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 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. STEP ONE 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 STEP TWO 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 STEP THREE 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 the discharge. Metro Radio If either of the parties considers that Agreement is being misunderstood, misinterpreted or violated in any Articlerespect by the other, 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 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. Rolling Sunset Clause: 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. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints 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 in the following manner and all grievances must be in writing and recorded within five (5) working days of the incident giving rise discovery of the alleged grievance: The employee or the xxxxxxx shall first raise the complaint verbally with the Immediate Supervisor; and will have two (2) days to reply. Failing settlement within two (2) days following the complaintverbal decision, the accompanied by the xxxxxxx may take the matter up in written form with the Manager of and will have three (3) days to reply. The immediate Supervisor shall answer Step Within two (2) working days following the grievance decision in Step the employee accompanied by the Grievance Committee may take the matter up with the Regional Superintendent of Failing settlement within five three (53) working days. The grievance shall specify , then; Within fourteen (14) 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 decision in 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 may request that the Regional Superintendent of Management Schools convene a meeting of the Board’s Grievance This Committee shall meet to discuss hear the Union’s grievance within five ten (510) working days of receipt of the reply Union’s request for the meeting. An Officer of the Plant ManagerUnion may be present at the Board’s Grievance Committee meeting. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled Board shall render its decisions within five thirty (530) working days. Failing settlement at Step the Union may within seven (7) additional working days it may be referred following the Board’s response refer the matter to arbitration Arbitration by giving written notice within seven (7) additional working days as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance Replies to grievances shall be filed within five (5) working days of in writing at all stages. The Board shall supply the incident giving rise necessary facilities for Grievance Meetings. It is understood that the Union representative will be paid for their regular but will not be paid overtime while meeting to resolve grievances. At Step the Union Vice-Presidenuor designate living closest to the complaint and the will meet with the Regional Superintendent or his designate. At Step the Union President, Vice-president, Xxxxxxx and will meet with Board’s Grievance Committee. Note: Employees attending grievance meetings that are in excess of four (4) hours, including travel time to and meetings, will not be required to work their regular shift that day. The employee will be paid for their regular shift but will not be paid overtime. It is understood that the grievance meeting in Step will be held in the form prescribed predecessor board office location closest to the If the Board decides to move the meeting to another location, the Board will pay the mileage for the and Union Vice-president in Step Any such grievance may be referred to arbitration under Article by either one car. The Board will pay mileage for the Union to attend meetings as outlined in the case of a Union grievance or the Company Steps and 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. Rolling Sunset Clause: 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 beaccordance with board practice.
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: Step 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. Step 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. ARTICLE ARBITRATION 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. Rolling Sunset Clause: 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 Should a dispute arise between the Board and any regarding the interpretation, meaning, operation, or application of this Agreement, an xxxxxxx effort shall be made to this Agreement are agreed that it is settle the dispute in the following manner: Employees and their immediate Supervisor with or without a shop xxxxxxx shall make an xxxxxxx effort to resolve any difference prior to commencement of the utmost importance to adjust complaints and grievances as quickly as possibleformal grievance process. 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 submit their concerns in writing and any discussions shall be without prejudice to the formal grievance with his immediate Supervisor process. Xxxxx Xxxx School Division Driver Employees Page of Step All grievances shall be submitted, in writing, within five twenty-one (521) working days of the incident giving rise incident, citing the violated and the solution sought. In the event of a grievance originating white an Employee is on an approved leave of absence from work, such grievance shall be lodged within twenty-one (21) working days of the said Employee returning to work. Step Failing satisfactory settlement in Step the complaint. The immediate Supervisor shall answer concerned, together with the grievance Xxxxxxx, will submit within five (5) working days. The grievance shall specify the Article or Articles and subsections , a written statement 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 particulars of the grievance at Step complaint and the grievance may be referred redress sought to the Plant Manager Superintendent and/or designate and he shall render his decision within five (5) working days after receipt of the immediate Supervisor's reply at grievance. Failing satisfactory settlement being reached in Step The Plant Manager shall convene a meeting the concerned, together with the and Chief Xxxxxxx and Grievance Committee, shall answer submit the grievance in writing matter to the Board of Trustees within five (5) working days after receipt of such meetingthe Superintendent and/or designate. STEP If no Upon written request by the Union, a hearing shall be granted. The Board of Trustees shall render its decision within ten (10) working days following the hearing. Step Failing satisfactory settlement is being reached at in Step the Union may refer the Union Grievance Committee and representatives of Management shall meet dispute to discuss Arbitration by giving notice in writing to the grievance Board 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 next regularly scheduled Union meeting or within days, whichever comes first. Replies to the complaint and grievances shall 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 grievancewriting at all stages. 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 Grievances settled satisfactorily within the time specified allowed shall be deemed to have been droppeddate from the time of the incident. However, The Board will supply the necessary accommodation for the Grievance Committee. The time limits specified fixed in the Grievance Procedure may be extended by mutual agreement in writing between the Company consent of both Parties. For the purpose of this Article and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) Article Arbitration Procedure, working days of shall be those days that the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from Board Office is open to serve 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 bepublic.
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. Rolling Sunset Clause: 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: negotech.service.canada.ca
ARTICLE GRIEVANCE PROCEDURE. The (a) 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. Rolling Sunset Clause: 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 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. 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 following receipt of the grievance. Failing settlement, then: Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this AgreementNo. 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) 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, 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, beginningwith 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. Rolling Sunset Clause: 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 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 No grievance shall be presented, considered: Which usurps the alleged circumstances of which originated or occurred, or should have come to the attention function of the employee concernedManagement, as set out in this Agreement; or Where the circumstances giving rise to it occurred or originated more than five (5) full working days prior before the filing of the grievance, except in the case of a grievance involving the computation of pay, in which case the grievance may be filed within five (5) days after receipt of pay. At the time formal discipline is imposed or any stage of the grievance procedure the Employer shall notify the employee of the right to its original presentation have a Xxxxxxx present. The time limits set out in both the grievance and arbitration procedures herein including discharge grievance are mandatory and failure to comply with such limits, except by the agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section (6) of the Labour Relations Act. Such time limits shall exclude Saturdays, Sundays, and paid holidays. It is understood that an employee has no grievance until the matter has been referred Po his immediate supervisor and an opportunity given to adjust the complaint. A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The aggrieved employee shall present his grievance in writing at Step A grievance to his immediate supervisor. He 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 have the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisorxxxxxxx if he so desires. If a settlement satisfactoryto the grievance canemployee concerned 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 Supervisor reached within five (5) working days of (or any longer period which may be mutually agreed upon) the incident giving rise to the complaint. The immediate Supervisor shall answer next step in 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 procedure may be referred to the Plant Manager taken at any time within five (5) working days after receipt of the immediate Supervisor's reply at Step thereafter. The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the aggrieved employee may submit his grievance in writing to the Administrator. The Union Grievance Committee as constituted under Article hereof may be present at this stage at the request of either party. The same Committee may have the assistance of a General Representative of the Union if they so desire. If a final settlement of the Grievance under hereof is not completed within five ten (5IO) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee after deliberations have commenced 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 if the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union one concerning the application, administration, interpretation, or alleged violation of this Agreement, 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 party to a Board of Arbitration as provided in the case of a Union grievance or the Company in the case of a Company grievance. The Union may Article at any time within ten (1 days thereafter, but 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. Rolling Sunset Clause: 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 belater.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties Union shall have the right to this Agreement are agreed appoint a grievance committee consisting of two employees, together with a Union representative who is not an employee, provided that it is each of such employees shall have at least one year’s seniority with the utmost importance to adjust complaints and grievances as quickly as possibleEmployer at the time of his appointment. Unless agreed to by both the Company and the Union, no A grievance shall be presenteddefined as any difference arising out of the interpretation, application, administration, or alleged violation of the collective agreement; the Employer, the alleged circumstances of which originated Union or occurred, or should have come an employee may file a grievance. An xxxxxxx effort shall be made to settle grievances fairly and promptly in the attention following manner: Step The aggrieved employee and/or the shop xxxxxxx shall within seven (7) calendar days after becoming aware of the employee concerned, more than five (5) working days prior to its original presentation occurrence of a grievance submit 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 outside the bargaining unit, outlining the alleged violation and redress sought. If Step Failing satisfactory settlement within four (4) calendar days after submission under step one (1) the aggrieved employee and/or his shop xxxxxxx shall submit 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 complaintGeneral Manager or his designate. The immediate Supervisor shall answer Step Failing satisfactory settlement within four (4) calendar days after submission under step two (2) either party may refer the grievance to arbitration within five (5) working ten calendar days. The grievance All grievances shall specify the Article or Articles be in writing and subsections of the Agreement of which a violation is alleged, indicate the relief sought and shall be signed by the employeeparty grieving. STEP Should Grievances shall be presented in duplicate and shall specifically designate the employee be dissatisfied with the disposition section or sections 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 collective agreement alleged to have been droppedviolated. However, The time limits specified fixed in both the Grievance Procedure grievance and arbitration procedures may be extended by mutual agreement in writing between the Company Employer and the Union. An employee who No grievance shall be submitted to arbitration which has not been discharged or suspended may file a written grievance at Step within five (5) working days properly processed according to the provisions of this Article. Except for meetings between representatives of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infractionUnion, the Company may consider employee, and the employee's entire record preceding suspension or dismissal (reinstatement), as Employer under the case may be. In taking disciplinary action within twelve 2) months from specific provisions of this Article no other activities under the date provision 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 bethis Article shall be carried out during Employer time.
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. Rolling Sunset Clause: 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 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. Step One 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 non-union supervisor shall give his/her answer in writing to the employee be dissatisfied with the disposition of Xxxxxxx as soon as possible, but not more than five working days after the grievance has been presented in writing. Step Two If the grievance is not settled at Step One, the written grievance may be referred to the Plant Manager Chief Librarian by the employee(s) concerned together with the Chief Xxxxxxx. Such a grievance must be referred within five (5) working days after receipt of the immediate Supervisor's reply at a written answer has been given in Step One. The Plant Manager Chief Librarian shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within render his/her decision as soon as possible, but not more than five (5) working days of such meetingafter receiving the written grievance. 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. Three If the grievance is not settled within five (5) working days it may at Step Two, the matter shall be referred to arbitration as hereinafter provided. The the Director of Human Resources 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 date when the complaint and Chief Xxxxxxx received his/her answer in writing from the Chief Librarian. A grievance meeting will be in arranged by the form prescribed in Step Any such grievance may be referred to arbitration under Article by either 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. Rolling Sunset Clause: 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: Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties to of this Agreement are agreed desire that it is of the utmost importance to adjust complaints every complaint or grievance shall be dealt with as fairly and grievances as quickly as possible. Unless agreed to by both Nothing in this agreement shall preclude the Company Employer and the UnionUnion from mutually agreeing to settle disputes by any means other than those described in the following grievance procedure without prejudice to their respective positions. For the purpose of this Agreement a complaint or grievance is defined as a dispute or controversy concerning the interpretation, no meaning, application, operation or alleged violation of a provision of this Agreement. In this section shall refer to working days only and will not include Saturdays, Sundays or Holidays. The grievance shall be presenteddiscussed orally with the Principal by the aggrieved employee either alone or, at the alleged circumstances of which originated or occurred, or should have come to the attention request 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 with his xxxxxxx. In the event the complaint is not settled in this Agreement. Should manner within ten (10) days it then becomes 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 is not be settled as a result of this discussion, then it may outlined in the grievance shall be dealt with as follows: STEP The employee submitted in writing to the Principal who shall a written grievance with his immediate Supervisor within five (5) working days meet with the and/or xxxxxxx in an attempt to resolve the written grievance. If the xxxxxxx and the Principal fail to settle a grievance then it shall be referred to the Band Councillor responsible for education, and a representative of the Union who shall be given four (4) days in which to reach a fair and reasonable settlement. Such settlement shall be given in writing to the Union, the Employer and to the aggrieved employee. If the complaint is not settled as outlined in within four (4) days, then it shall be referred to Chief and Council. The Chief and Council shall render their decision in writing within twenty (20) days after the receipt of the grievance. If within ten (10) days of the incident giving rise disposition given in the disposition is considered unsatisfactory to either of the complaint. The immediate Supervisor shall answer parties to this Agreement, then either party may submit the grievance within five (5) working daysto arbitration. The grievance shall specify the Article In cases of discharge or Articles and subsections of the Agreement of which a violation is allegedsuspension, 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 submitted in writing within five (5) working days of such meetingdirectly to Chief and Council. 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 Time limits specified in the Grievance Procedure may be extended by mutual agreement written agreement. At the request of the employee, an Aboriginal elder may be present when dealing with issues affecting Aboriginal employees. ARTICLE ARBITRATION Grievances submitted to arbitration shall be listed and dealt with in writing between chronological order, except that grievances regarding discharge cases shall be placed at the Company top of the list and they themselves in chronological order. The parties agree that a mutually satisfactory single arbitrator shall resolve all cases submitted to arbitration. However, if the agreed to arbitrator is unable to act within twenty-eight (28) days, the next agreed to arbitrator shall be called to arbitrate and so on until the position is filled. Nothing in the foregoing shall prevent the parties from choosing another mutually satisfactoryarbitrator. The fee and expenses of the arbitrator shall be paid fifty percent (50%) by the Employer and fifty percent (50%) by the Union. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expenses of witnesses called by the other. The decision of the arbitrator shall be final and conclusive and binding upon all employees, the Employer and the Union. An employee who has been discharged Except for discharge grievances, the party referring a grievance to arbitration shall have the obligation of going forward with its case before the other party shall be required to present its case or suspended may file a written grievance at Step within five (5) working days adduce any testimony. The arbitrator shall have no jurisdiction to add to or to subtract from or to modify any of the discharge terms of this Agreement or suspensionto give any decision inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from The arbitrator’sjurisdiction shall be limited to grievances the date interpretation, application or compliance with the provisions 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 bethis Agreement.
Appears in 1 contract
Samples: First Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of Nothing in the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance procedure shall be presentedconstrued as eliminating the processing of any complaint through proper channels within the Fire and Emergency Services. Senior Officer shall mean the Deputy Chief. In the event that a complaint or grievance arises relative to the administration, application, or alleged violation of this Agreement, 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, concerned may then it may be dealt with proceed as follows: STEP The When an employee has a grievance, he shall a written grievance with his immediate Supervisor submit in writing to the Senior Officer within five (5) working days of occurrence of the incident giving rise to the complaintgrievance. A meeting shall take place between the and the Senior Officer within two (2) working days from receipt of the grievance. The immediate Supervisor Senior Officer shall answer the grievance give his decision in writing stating his decision within five two (52) working days. The grievance shall specify the Article or Articles and subsections days of the Agreement time of which a violation this meeting. If the Senior Officer‘s decision 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 not satisfactory to the Plant Manager and the Association, a meeting shall take place within five (5) working days after receipt the time the decision was rendered in Stage betweenthe Association Representatives and the Chief. The Chief shall give his decision in writing stating his decisionwithin two (2) working days of the immediate Supervisor's reply at Step The Plant Manager shall convene time of this meeting. If the Chiefs decision is not satisfactory, a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing take place within five (5) working days of such meeting. STEP If no settlement is reached at Step from the time the Union Grievance Committee decision was renderedin Stage between the Association and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant City Manager. The Union's National Representative will be City Manager shall give his decision in attendance at this meeting. If the grievance is not settled writing stating his decision 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 this meeting. The City Manager may designate another person to act in his stead. Where the City Manager’s decision is not satisfactory at Stage the Association may advance a grievance to Council 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 complaint attention of the City of Clerk, Clerk’s Department. The request will be time and date stamped and receipt of the grievance will be confirmed, in writing, to the form prescribed 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 Step Any such grievance writing, for all parties. The hearing will take place in camera. Submissions for the Committee may be referred provided to arbitration under Article by either the Union in Clerk two (2) working days prior to the case Grievance hearing. Upon receipt, the Clerk’s department will circulate copies 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 each party’s submissions 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 Rules of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage Procedureto members of the Grievance Committee and all affected parties in advance of the hearing. See Rules of Procedurefor Council Fire Grievance Committee. The Committee will make a decision on the grievance immediately the hearing. The Committeewill present the decision to Council for approval. The Clerk will document and issuethe decision in writing, within two days, to the Association, Fire Chief and Human Resources. Implementation of any resolution will be coordinated by the Manager of Labour Relations. In the event the grievance is advanced to Arbitration, the Association President or Arbitration Procedure within Chair of the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement GrievanceCommittee will provide notice in writing between to the Company and Manager of Labour Relations. RULES OF PROCEDURE FOR COUNCIL FIRE GRIEVANCE COMMITTEE The purpose of the Union. An employee who has been discharged or suspended may file Council Fire Grievance Committee is to hear a written Professional Fire Fighters Association grievance at Step within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of fourth stage and to provide 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 berecommended responseto full Council.
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. Rolling Sunset Clause: 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: Service Employees
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 "working days" 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 Supervisoran 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. Step 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 requestedto do so by either party. Such 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 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 is 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 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. Article 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. Rolling Sunset Clause: 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 this Agreement are agreed that it is If an employee has complied with the provisions of the utmost importance Complaint Procedure and desires to adjust complaints and grievances as quickly as possiblegrieve, the matter shall be reduced in writing on a form supplied in triplicate by the Company. Unless agreed to by both Step No. (Area Supervisor) The written grievance, signed the Company employee and the UnionCommitteeman, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come presented to the attention Area Supervisor of the employee concerned. After such discussion as is necessary, the Area Supervisor shall give his answer in writing within two (2) regular working days following receipt of such grievance. (The Supervisor of the employee shall receive and reply to such grievance if the employee has no Area Supervisor.) Step No. (Next Level Manager) If the decision as rendered in Step No. is not satisfactory, written notice of intention to appeal must be presented to the Next Level Manager, or his designated representative, signed by the employee and his Committeeman, within two (2) regular working days following receipt of the Area Supervisor's or Supervisor's answer in Step No. unless a longer period has been agreed upon by the conferring parties. The Next Level Manager or his designated representative, shall discuss the grievance with the Committeeman, the employee concerned, ARTICLE CONTINUED GRIEVANCE PROCEDURE Step No. (Next Level Manager) Continued and with the Area Supervisor or Supervisor. He shall do this within three (3) regular working days after notice has been given unless a longer period be agreed upon by the conferring parties. He shall give his answer in writing within two (2) regular working days after completion of the discussions or such longer period as may be agreed upon by the conferring parties. Step No. (Company Representative) If the decision as rendered in Step No. is not satisfactory, written notice of intention to appeal must be presented to a duly designated representative of the Company by the Chairman of the Grievance Committee and the employee within three (3) regular working days following receipt of the Next Level Manager's answer in Step No. unless a longer period has been agreed upon by the conferring parties. The Plant Committee and duly designated of the Company shall meet at a time agreed upon but not later than seven (7) regular working days after notice has been given; the time limit as set forth herein may be extended by agreement. At this meeting, a Staff Representative of the International Union, or his duly designated representative, shall be present and the reply of the Company Representative shall be put in writing within two (2) regular working days ARTICLE CONTINUED GRIEVANCE PROCEDURE Step No. (Company Representative) Continued following this meeting. Step No. (Arbitration) Failing agreement by the Plant Committee and the Company the grievance may then be referred to arbitration and any notice of appeal must be filed with the Company within fourteen (14) calendar days of receipt of the Company's written disposition under Step No. With the service of notice of appeal to arbitration, the party appealing shall include a list of not more than five three (53) working days prior persons proposed by it 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 SupervisorArbitrator. If the grievance canother party does not be settled as a result agree to any of this discussionthe persons proposed, then it may be dealt with as follows: STEP The employee such party shall a written grievance with his immediate Supervisor within five (5) working calendar days following receipt of such notice of appeal, submit a second list of not more than three (3) persons proposed by it to be Arbitrator. If the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance parties cannot agree on an Arbitrator from either list within a period of five (5) working calendar days following receipt of the second list, the party appealing shall within ten (10) calendar days thereafter, request the Minister of Labour of the ARTICLE CONTINUED GRIEVANCE PROCEDURE Step No. (Arbitration) Continued Province of Ontario to appoint an Arbitrator. Persons proposed or appointed as Arbitrator shall in no way have been directly involved in attempts to negotiate or settle the With the selection or appointment of the Arbitrator, a meeting shall be conducted as soon as possible to hear the evidence and presentation of both parties, with the intention that a decision shall be rendered promptly, but not later than fourteen (14) calendar days, or such longer period as the Arbitrator may deem necessary, after the conclusion of the hearing. The grievance shall specify the Article or Articles and subsections decision of the Arbitrator shall be final and binding on both parties to this Agreement. The Arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement nor to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of which a violation this Agreement. The Arbitrator may make adjustment on any grievance arising out of the interpretation or application of this Agreement, but in matters ARTICLE CONTINUED GRIEVANCE PROCEDURE Step No. (Arbitration) Continued involving pay awards such awards shall not exceed the provisions outlined in Article Subsection Each of the parties hereto shall jointly bear the expense of the Arbitrator. At any stage of the grievance procedure, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses. Any employee who is alleged, indicate the relief sought and be signed required by the employee. STEP Should Company to attend an arbitration hearing as a material witness shall be paid, for the time so spent, an amount equal to the number of hours which the employee be dissatisfied with would have worked during his normal work schedule, multiplied by the straight time average earnings calculated from the two (2) pay periods preceding the employee's attendance. Complaints and grievances not appealed from the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt Company's representatives in 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 steps 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 procedure within the time and in the manner specified herein shall be deemed considered as having been adjusted to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between satisfaction of the Company employee and the UnionUnion on the basis of the disposition last made and shall not be eligible for appeal. An employee who Any grievance involving the interpretation or application of this Agreement, which has been discharged or suspended may file a written grievance at Step within five (5) working days disposed of hereunder, shall not be made the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date subject 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 beanother grievance.
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 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 the within five days following the above meeting. Step If the Union Grievance Committee is not satisfied with the decision at Step it may, within fifteen days of Management shall meet such decision, demand in writing that the matter be taken to discuss arbitration in accordance with the procedure set out hereunder The time limits mentioned in both 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 and 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 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. Rolling Sunset Clause: 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. A grievance under this agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this agreement, including any questions as to whether the matter is arbitrable, and an allegation that this agreement has been violated. Should any difference arise between the Employer and an employee or employees, it will be dealt with in the following manner: Stage One The parties to this Agreement are agreed that it is employeeconcerned, who may be accompanied Xxxxxxx shall, within eight (8) days of the utmost importance alleged grievance refer the matter in writing to adjust complaints and grievances as quickly as possible. Unless agreed her immediate supervisor who shall give her answer in writing 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 such employee concerned, more than within five (5) working days prior to its original presentation in writing at Step A following the date on which the grievance was delivered. All grievance forms shall contain only one grievance. The written grievance shall consist of contain a dispute clear and concise statement concerning interpretation and/or application of any Article, Schedule or Clause in this Agreementthe alleged grievance and the people involved. Should a The grievance arise it shall be handled as followsreturned to the employee if it fails to comply with these requirements and the employee shall have an additional five (5) days to re-file the grievance in conformity with this section. Prior Two Should any employee feel that her grievance has not been satisfactorily settled, she may within five (5) working days of her supervisor's decision appeal to filing the Employer's Administrator. This may be done by a formal grievancecommitteecomprised of the employee, an employee her xxxxxxx, a Union representative who 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 date on which the answer was received, present the written grievance and reply to the complaint. The immediate Supervisor Administrator who shall answer discuss the grievance within five (5) working days. The grievance shall specify the Article or Articles matter with such committee 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 give her decision in writing no later than five (5) working days after the written presentation has been given to him. If a satisfactory settlement of the grievance is not reached under the foregoing procedure, either party may refer the matter to arbitration within ten (10) days of the receipt of the immediate Supervisoranswer to Stage Two. Time limits shall be computed by excluding Saturday, Sunday, paid holidays and employee's reply at Step The Plant Manager shall convene a meeting with regular days off. Failure of the and Chief Xxxxxxx and shall answer Union to meet its time limits will cause the grievance in writing 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 Employer to meet its time limits shallpermit the aggrieved employee to take the grievance to the next succeeding step, provided she presents the grievance at this next step within five (5) working days after the expiration of such meetingthe said time limit. STEP If no settlement is reached at Step Should a second grievance occur on the the Union Grievance Committee and representatives of Management shall meet to discuss same subject matter as the grievance within five (5) working days of receipt of in process, the reply of said second grievance shall not be considered while the Plant Manageroriginal grievance is being considered. The Union's National Representative second grievance will be in attendance at this meeting. If considered as being presented only after the first 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. Rolling Sunset Clause: 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 bedisposed of.
Appears in 1 contract
Samples: Service Employees
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 Xxxxxxxx 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: Step One 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. Step Two 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. Step Three 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 Step Four 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. Rolling Sunset Clause: 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. (a) 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. Rolling Sunset Clause: 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 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. Step 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. Step 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; Step 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. Article 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. Rolling Sunset Clause: 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 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 By the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated Step Step 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 Step 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 answer of the Store Manager or designate in the second step. The grievance shall be discussed by the Union Business Representative, or designated official and the Industrial Relations Manager, or designated representative. 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 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. Article Arbitration 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. Article Pension Plan 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. Rolling Sunset Clause: 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. I 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 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. No. I 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. Step No. 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. Rolling Sunset Clause: 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.
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Samples: Collective Agreement