ARTICLE GRIEVANCE PROCEDURE. In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with Section of Appendix of the National Joint Council by-laws. Subject to and as provided in Section of the Public Service Staff Relations Act, any employee who feels to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or of a regulation, by- law, direction, or other instrument made or issued by the Council, dealing with terms and conditions of employment, or as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment, other than those arising out of the classification process, is entitled to present a grievance in the manner prescribed in clause except that, if there is another administrative procedure applicable to the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than the grievance form which may be supplied by the Council. An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the representative of the Council authorized to deal with grievances on the Council’s behalf at level one (1) of the grievance procedure applicable to employees of the Council, who shall provide the employee with a receipt stating the date on which the grievance was received. An employee may be assisted by, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a Collective Agreement or Arbitral Award unless the employee has the approval of and is represented by the Association, or any grievance relating to any action taken pursuant to an instruction, direction or regulation given or made as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the employee and when applicable the Association. An employee may present a grievance to the first level of the grievance procedure in the manner prescribed in clause not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievance. At the request of an employee who has presented a grievance, the Association shall have the right to consult with the person designated to reply on the Council’s behalf at the level of the grievance procedure to which the grievance has been presented for reply. Only at the final level will the Association be obliged to request such consultation by letter. The shall be allowed to be present at each or any level of the grievance procedure wherein the process of consultation between the Council and the Association is utilized An employee may present a grievance for consideration at each succeeding level in the grievance procedure beyond the first level either: when the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision or settlement has been conveyed in writing to the employee by the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsed, or when the employee does not receive a decision within fifteen (15) days, the employee may present the grievance for consideration at the next higher level within fifteen (15) days after the last day the employee was entitled to receive a reply, but the employee shall not be entitled to do so after the said fifteen (15) days have elapsed. The Council shall normally reply to an employee’s grievance at any level of the grievance procedure, except the final level, within fifteen (15) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level. When the employee is represented by the Association in the presentation of a grievance, the Council shall provide the appropriate representative of the Association with a copy of the Council’s decision at each level of the grievance procedure at the same time the Council’s decision is conveyed to the employee. The decision given by the Council at the final level of the grievance procedure shall be final and binding upon the employee unless the grievance is referred to adjudication in accordance with section of the Public Service Staff Relations Act. In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary for the employee to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered to the appropriate office concerned. Similarly, the Council shall be deemed to have delivered a reply at any postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. In relation to this clause both the employee and the Council shall use registered mail. The time limits stipulated in this procedure may be extended by mutual agreement between the Council, the and where appropriate, the Association representative. When the Council, as a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Association. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, to comply with the prescribed time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, and the employee is not satisfied with the outcome of the grievance, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations. Where the grievance is one relating to the interpretation or application in respect of the employee of a provision of the Collective Agreement, or a related Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedings.
Appears in 1 contract
Samples: Collective Bargaining Agreement
ARTICLE GRIEVANCE PROCEDURE. In cases The Employer and the Union recognize the desirability of alleged misinterpretation or misapplication arising prompt settlement of complaints and disputes which may arise out of agreements concluded by administrationof this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the National Joint Council of employee will be encouraged to discuss the Public Service on items which may be included in matter with the employee's Supervisoras soon as possible after the circumstances giving rise to the complaint occurs so that a collective agreement and which the parties dispute requiring reference to this agreement have endorsed, the grievance procedure will may be in accordance with Section of Appendix of the National Joint Council by-lawsavoided wherever possible. Subject to and as provided in Section of the Public Service Staff Relations Act, any Where an employee who feels to be aggrieved by the interpretation or interpretationor application in respect of the employee of a provision of a statute, or of a regulation, by- by-law, direction, or other instrument made or issued by the CouncilEmployer, dealing with terms and conditions of employmentemployment or, or an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any other occurrence or matter affecting the employee’s 's terms and conditions of employment, other than those arising out employment in respect of which no administrativeprocedure for redress is provided in or under an Act of the classification processLegislative Assembly of New Brunswick, is entitled to present a grievance in the manner prescribed in clause except thatand, if there is another administrative procedure applicable to where the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than the grievance form which may be supplied by the Council. An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the representative has written consent of the Council authorized to deal with grievances on the Council’s behalf at level one (1) of the grievance procedure applicable to employees of the Council, who shall provide the employee with a receipt stating the date on which the grievance was received. An employee may be assisted by, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee is not entitled to present Union respecting any grievance relating to the interpretation or application in respect of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (20) working days after the alleged grievancehas arisen or the employee became aware of the employee of a provision of a Collective Agreement or Arbitral Award unless grievance, the employee has may present the approval of and is represented employee's grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Association, Labour and Employment Board to the employee's immediate supervisor or any grievance relating to any action taken pursuant to an instruction, direction or regulation given or made the person designated by the Employer as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each first level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance proceduregrievanceprocedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the employee and when applicable the Association. An employee may present a grievance to the first level of the grievance procedure in the manner prescribed in clause receives no reply or does not later than the twenty-fifth receive satisfactorysettlement within ten (25th10) day after working days from the date on which the employee is notified orally presented the employee's grievance to the employee's immediate supervisor or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievance. At the request of an employee who has presented a grievance, the Association shall have the right to consult with the person designated to reply on as the Council’s behalf at the level of the grievance procedure to which the grievance has been presented for reply. Only at the final level will the Association be obliged to request such consultation by letter. The shall be allowed to be present at each or any level of the grievance procedure wherein the process of consultation between the Council and the Association is utilized An employee may present a grievance for consideration at each succeeding first level in the grievance procedure beyond procedure, the first level eitheremployee may proceed to Step Two. STEP TWO: when the decision or settlement is not satisfactory to the employee, within Within ten (10) working days after that decision or settlement has been conveyed in writing to from the employee by expiration of the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsedday period referred to in Step One, the employee may present the employee's grievance in writing at the second level of the grievanceprocess either by personal service or when by mailing by registered mail, to the employee's immediate supervisor or to the person designated by the Employer as the second level in the grievance procedure. If the employee does not receive a decision reply or satisfactory settlement of the employee's grievance from the person designated by the Employer as the second level in the grievance process within fifteen ten (1510) daysworking days from the date on which the employee presented the employee's grievance at the second level, the employee may proceed to Step Three. STEP THREE: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step Two, the employee may present the employee's grievance for consideration in writing at the next higher third level of the grievance process either by personal service or by mailing it by registered mail to the employee's immediate supervisor or the person designated by the Employer as the final level in the grievance process for the Department in which the employee is employed. Any settlementproposed by the Employer at levels one and two and any replies must accompany the grievance when it is presented at the third level to the person designated as the final level. The person designated as the final level shall reply to the grievance in writing to the employee within fifteen (15) working days from the date the grievance was presented at the third level. Should the employee not receive a reply or satisfactory settlement of the employee's grievance within fifteen (15) days after from the last day date on which the employee was entitled to receive a reply, but presented the employee shall not be entitled to do so after the said fifteen (15) days have elapsed. The Council shall normally reply to an employee’s 's grievance at any level of the grievance procedure, except the final level, the employee may refer the employee's grievance to Adjudication as provided in Article hereof, within fifteen (15) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level. When the employee is represented by the Association in the presentation of a grievance, the Council shall provide the appropriate representative of the Association with a copy of the Council’s decision at each level of the grievance procedure at the same time the Council’s decision is conveyed to the employee. The decision given by the Council at the final level of the grievance procedure shall be final and binding upon the employee unless the grievance is referred to adjudication in accordance with section of the Public Service Staff Relations Act. In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary for the employee to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered to the appropriate office concerned. Similarly, the Council shall be deemed to have delivered a reply at any postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s employee should have received a reply was delivered to from the address shown on the grievance form. In relation to this clause both the employee and the Council shall use registered mail. The time limits stipulated in this procedure may be extended by mutual agreement between the Council, the and where appropriate, the Association representative. When the Council, person designated as a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Associationlevel. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, to comply with the prescribed time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, and the employee is not satisfied with the outcome of the grievance, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations. Where the grievance is one relating to the interpretation or application in respect of the employee of a provision of the Collective Agreement, or a related Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedings.Grievance Procedure:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council The Parties to this Agreement are agreed that it is of the Public Service on items utmost importance to adjust complaints and grievances as quickly as possible. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) calendar days before the filing of the grievance. Grievances properly arising under this Agreement shall be adjusted and settled as follows: The aggrieved employee shall submit grievance in writing to the Union Grievance Committee. The Union Grievance Committee shall then present the grievance in writing to the Department Head the Administrator. If a settlement satisfactory to the employee andor the Union Grievance Committee is not reached within five (5) days, excluding Saturday and Sunday, or any longer period which may be included in a collective agreement and which the parties to this agreement have endorsedmutually agreed upon, the grievance procedure will be in accordance with Section of Appendix of the National Joint Council by-laws. Subject to and as provided in Section of the Public Service Staff Relations Act, any employee who feels to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or of a regulation, by- law, direction, or other instrument made or issued by the Council, dealing with terms and conditions of employment, or as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment, other than those arising out of the classification process, is entitled to present a grievance in the manner prescribed in clause except that, if there is another administrative procedure applicable to the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than the grievance form which may be supplied by presented as follows: The Union Grievance Committee, after having completed the Council. An employee who wishes to procedure set forth in Step (a) hereof, may present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the representative of Manager, Human Resources for the Council authorized to deal with grievances on the Council’s behalf at level one (1) of the grievance procedure applicable to employees of the Council, County who shall provide the employee with arrange a receipt stating the date on which the grievance was received. An employee may be assisted by, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a Collective Agreement or Arbitral Award unless the employee has the approval of and is represented by the Association, or any grievance relating to any action taken pursuant to an instruction, direction or regulation given or made as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the employee and when applicable the Association. An employee may present a grievance to the first level of the grievance procedure in the manner prescribed in clause not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievance. At the request of an employee who has presented a grievance, the Association shall have the right to consult with the person designated to reply on the Council’s behalf at the level of the grievance procedure to which the grievance has been presented for reply. Only at the final level will the Association be obliged to request such consultation by letter. The shall be allowed to be present at each or any level of the grievance procedure wherein the process of consultation between the Council and the Association is utilized An employee may present a grievance for consideration at each succeeding level in the grievance procedure beyond the first level either: when the decision or settlement is not satisfactory to the employee, meeting within ten (10) days after that decision or settlement has been conveyed in writing of the receipt of request the Union with the appropriate Committee of Council to consider the employee by grievance. At this state the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsed, or when the employee does not receive a decision within fifteen (15) days, the aggrieved employee may present be accompanied by a representative of the grievance for consideration at the next higher level within fifteen (15) days after the last day the employee was entitled to receive a reply, but the employee shall not be entitled to do so after the said fifteen (15) days have elapsedUnion if presence is requested by either party. The Council shall normally reply to an employee’s grievance at any level If final settlement of the grievance procedureis not completed within seven days deliberations have commenced between the Union Grievance Committee and the appropriate Committee of Council, except the final level, within fifteen (15) days after and if the grievance is presentedone which concerns the interpretation of alleged violation of the Agreement, and within twenty (20) days where the grievance is presented may be referred by either party to the Board of Arbitration as provided herein at any time days thereafter, but not later. Replies to grievances shall be in at all times. Grievances settled satisfactorilywithin the final leveltime allowed shall date the time that the grievance was filed. When The Corporation shall supply the employee is represented by necessary facilities for the Association in grievance meetings. Where dispute involving a question of general application or interpretation occurs or where a group of employees or the presentation of Union has a grievance, the Council shall provide the appropriate representative of the Association with such a copy of the Council’s decision at each level of the question or grievance procedure at the same time the Council’s decision is conveyed to the employee. The decision given by the Council at the final level of the grievance procedure shall may be final and binding upon the employee unless the grievance is referred to adjudication in accordance with section of the Public Service Staff Relations Act. In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary for the employee to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered directly submitted to the appropriate office concerned. Similarly, Committee of Council for consideration and any prior steps of the Council shall Grievance Procedure may be deemed to have delivered a reply at any postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. In relation to this clause both the employee and the Council shall use registered mailbypassed. The time limits stipulated set forth in this procedure the Grievance Procedure may be extended by mutual agreement between at any time upon the Council, the and where appropriate, the Association representative. When the Council, as a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Association. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, to comply with the prescribed time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, Corporation and the employee is not satisfied with the outcome of the grievance, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations. Where the grievance is one relating to the interpretation or application in respect of the employee of a provision of the Collective Agreement, or a related Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedingsUnion.
Appears in 1 contract
Samples: Collective Bargaining Agreement
ARTICLE GRIEVANCE PROCEDURE. In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with Section of Appendix of the National Joint Council by-laws. Subject to and as provided in Section of the Public Service Staff Relations Act, any employee who feels to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or of a regulation, by- law, direction, or other instrument made or issued by the Council, dealing with terms and conditions of employment, or as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment, other than those arising out of the classification process, is entitled to present a grievance in the manner prescribed in clause except that, if there is another administrative procedure applicable to the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than the grievance form which may be supplied by the Council. An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the representative of the Council authorized to deal with grievances on the Council’s behalf at level one (1) of the grievance procedure applicable to employees of the Council, who shall provide the employee with a receipt stating the date on which the grievance was received. An employee may be assisted by, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a Collective Agreement or Arbitral Award unless the employee has the approval of and is represented by the Association, or any grievance relating to any action taken pursuant to an instruction, direction or regulation given or made as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the employee and when applicable the Association. An employee may present a grievance to the first level of the grievance procedure in the manner prescribed in clause not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievance. At the request of an employee who has presented a grievance, the Association shall have the right to consult with the person designated to reply on the Council’s behalf at the level of the grievance procedure to which the grievance has been presented for reply. Only at the final level will the Association be obliged to request such consultation by letter. The shall be allowed to be present at each or any level of the grievance procedure wherein the process of consultation between the Council and the Association is utilized utilized. An employee may present a grievance for consideration at each succeeding level in the grievance procedure beyond the first level either: when the decision or settlement is not satisfactory to the employee, within ten (101O) days after that decision or settlement has been conveyed in writing to the employee by the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsed, or when the employee does not receive a decision within fifteen (15) days, the employee may present the grievance for consideration at the next higher level within fifteen (15) days after the last day the employee was entitled to receive a reply, but the employee shall not be entitled to do so after the said fifteen (15) days have elapsed. The Council shall normally reply to an employee’s grievance at any level of the grievance procedure, except the final level, within fifteen (15) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level. When the employee is represented by the Association in the presentation of a grievance, the Council shall provide the appropriate representative of the Association with a copy of the Council’s decision at each level of the grievance procedure at the same time the Council’s decision is conveyed to the employee. The decision given by the Council at the final level of the grievance procedure shall be final and binding upon the employee unless the grievance is referred to adjudication in accordance with section of the Public Service Staff Relations Act. In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary for the employee to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered to the appropriate office concerned. Similarly, the Council shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. In relation to this clause article both the employee and the Council shall use registered mail. The time limits stipulated in this procedure may be extended by mutual agreement between the Council, the and where appropriate, the Association representative. When the Council, as a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Association. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, to comply with the prescribed time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, and the employee is not satisfied with the outcome of the grievance, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations. Where the grievance is one relating to the interpretation or application in respect of the employee of a provision of the Collective Agreement, or a related Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedings.
Appears in 1 contract
Samples: Collective Bargaining Agreement
ARTICLE GRIEVANCE PROCEDURE. In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with Section of Appendix “A” of the National Joint Council by-laws. Subject to and as provided in Section of the Public Service Staff Relations Act, any employee who feels to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or of a regulation, by- by-law, direction, or other instrument made or issued by the Council, dealing with terms and conditions of employment, or as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment, other than those arising out of the classification process, is entitled to present a grievance in the manner prescribed in clause except that, if there is another administrative procedure applicable to the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than the grievance form which may be supplied by the Council. An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the representative of the Council authorized to deal with grievances on the Council’s behalf at level one (1) of the grievance procedure applicable to employees of the Council, who shall provide the employee with a receipt stating the date on which the grievance was received. An employee may be assisted by, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a Collective Agreement or Arbitral Award unless the employee has the approval of and is represented by the Association, or any grievance relating to any action taken pursuant to an instruction, direction or regulation given or made as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the employee and when applicable the Association. An employee may present a grievance to the first level of the grievance procedure in the manner prescribed in clause not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievance. At the request of an employee who has presented a grievance, the Association shall have the right to consult with the person designated to reply on the Council’s behalf at the level of the grievance procedure to which the grievance has been presented for reply. Only at the final level will the Association be obliged to request such consultation by letter. The shall be allowed to be present at each or any level of the grievance procedure wherein the process of consultation between the Council and the Association is utilized utilized. An employee may present a grievance for consideration at each succeeding level in the grievance procedure beyond the first level either: when the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision or settlement has been conveyed in writing to the employee by the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsed, or when the employee does not receive a decision within fifteen (15) days, the employee may present the grievance for consideration at the next higher level within fifteen (15) days after the last day the employee was entitled to receive a reply, but the employee shall not be entitled to do so after the said fifteen (15) days have elapsed. The Council shall normally reply to an employee’s grievance at any level of the grievance procedure, except the final level, within fifteen (15) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level. When the employee is represented by the Association in the presentation of a grievance, the Council shall provide the appropriate representative of the Association with a copy of the Council’s decision at each level of the grievance procedure at the same time the Council’s decision is conveyed to the employee. The decision given by the Council at the final level of the grievance procedure shall be final and binding upon the employee unless the grievance is referred to adjudication in accordance with section (1) of the Public Service Staff Relations Act. In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary for the employee to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered to the appropriate office concerned. Similarly, the Council shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. In relation to this clause both the employee and the Council shall use registered mail. The time limits stipulated in this procedure may be extended by mutual agreement between the Council, the and where appropriate, the Association representative. When the Council, as a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Association. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, to comply with the prescribed time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. , When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, and the employee is not satisfied with the outcome of the grievance, the employee may refer the grievance to adjudication in accordance with the provisions Section of the Public Service Staff Relations Act and Regulationsthe Public Service Staff Relations Board Regulations and Rules of Procedure. Where the grievance is one relating to the interpretation or application in respect of the employee of a provision of the Collective Agreement, or a related Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedings. ARTICLE STATEMENT OF DUTIES Upon request to an authorized management representative, an employee shall be entitled to receive a copy of the most recent statement of duties and responsibilities of the employee’s position including the point value and classification level. Where upon receipt of the most recent statement of duties, the employee believes that it does not represent the current duties and responsibilities of the position, the employee is entitled to submit a new statement of duties setting out the duties and responsibilities as the employee understands them to be and to request a review of such duties and responsibilities. The employee shall be informed by the Council of the results of any such review, including any changes in the classification level and point value of the employee’s position that are agreed to by the Council.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. In cases Should a dispute arise between the Authority and the Union or between the Authority and an employee or employees regarding the interpretation, meaning, operation or application of alleged misinterpretation this Agreement, including any question as to whether a matter is arbitral, or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which where an allegation is made that this Agreement has been violated, or should any other dispute arise, all the parties agree to this agreement have endorsed, attempt to settle the grievance procedure will be dispute in accordance with Section the following steps: Step In the event of Appendix any dispute arising between any two parties mentioned in Article discussions should take place between the employee, the Supervisor and the Airport to try and resolve the dispute before a grievance is filed. Step If the matter is not resolved at Step where an employee is aggrieved, he or she shall, within a reasonable time and not, in any event, to exceed twelve (12) working days, of the National Joint Council by-laws. Subject matter giving rise to and as provided the complaint first occurring, present the grievance in Section writing to the Airport The Airport will reply in writing within five (5) working days of receipt of the Public Service Staff Relations Actgrievance indicating whether any action will be taken with respect to the grievance. Step If the matter is not resolved at Step the grievance, with the reply of the Airport will be referred to the Chairperson of the board of Directors of the Authority within five (5) working days of the reply of the Airport The Chairperson will reply in writing within five (5) working days of receipt of the Clean April grievance indicating whether any employee who feels to action will be aggrieved by the interpretation or application taken in respect of the employee of a provision of a statute, or of a regulation, by- law, direction, or other instrument made or issued by the Council, dealing with terms and conditions of employment, or as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment, other than those arising out of the classification process, is entitled to present a grievance in the manner prescribed in clause except that, if there is another administrative procedure applicable to the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than Step If the grievance form which may be supplied by the Council. An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the representative of the Council authorized to deal with grievances on the Council’s behalf at level one (1) of the grievance procedure applicable to employees of the Council, who shall provide the employee with a receipt stating the date on which the grievance was received. An employee may be assisted by, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee matter is not entitled to present any grievance relating to resolved at Step the interpretation or application in respect of the employee of a provision of a Collective Agreement or Arbitral Award unless the employee has the approval of and is represented by the AssociationUnion may, or any grievance relating to any action taken pursuant to an instruction, direction or regulation given or made as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the employee and when applicable the Association. An employee may present a grievance to the first level of the grievance procedure in the manner prescribed in clause not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievance. At the request of an employee who has presented a grievance, the Association shall have the right to consult with the person designated to reply on the Council’s behalf at the level of the grievance procedure to which the grievance has been presented for reply. Only at the final level will the Association be obliged to request such consultation by letter. The shall be allowed to be present at each or any level of the grievance procedure wherein the process of consultation between the Council and the Association is utilized An employee may present a grievance for consideration at each succeeding level in the grievance procedure beyond the first level either: when the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision or settlement has been conveyed in writing to the employee by the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsed, or when the employee does not receive a decision within fifteen (15) days, the employee may present the grievance for consideration at the next higher level within fifteen (15) days after the last day the employee was entitled to receive a reply, but the employee shall not be entitled to do so after the said fifteen (15) days have elapsed. The Council shall normally reply to an employee’s grievance at any level of the grievance procedure, except the final level, within fifteen (15) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level. When the employee is represented by the Association in the presentation of a grievance, the Council shall provide the appropriate representative receipt of the Association with a copy reply of the Council’s decision at each level of the grievance procedure at the same time the Council’s decision is conveyed Chairperson,by notice addressed to the employee. The decision given by Chairpersonrefer the Council at the final level of the grievance procedure shall be final and binding upon the employee unless the grievance is referred matter to adjudication arbitration in accordance with section Article hereof. A policy grievance, a grievance in respect of harassment under Article or a grievance against discharge of an employee shall be initiated at Step The Authority shall have the right to file a grievance concerning the interpretation, application, operations, or any violation of the Public Service Staff Relations ActAgreement. In determining The Authoritygrievanceshall be formally discussed with the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary Union for the employee purpose of resolution; if the matter is not thus settled, then it may proceed to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered to the appropriate office concerned. Similarly, the Council shall be deemed to have delivered a reply at any postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. In relation to this clause both the employee and the Council shall use registered mailarbitration. The time limits stipulated in this procedure stated herein are mandatory and may be extended waived only in writing by mutual agreement between the Council, the Union and where appropriate, the Association representativeAuthority. When the Council, as Failure to comply with any time limit for reply to a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except means that the grievance may be presented at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Association. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, be denied. Failure to comply with the prescribed a time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, limit to cause an employee to abandon submit a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, and the employee is not satisfied with the outcome of the grievance, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations. Where at any step means that the grievance is one relating deemed to be abandoned. For the interpretation or application in respect purposes of the employee of a provision of the Collective Agreementthis article, “working day” means any day other than Saturday, Sunday or a related Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedingspaid holiday.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in It is agreed that a collective agreement and which the parties xxxxxxx, when required to this agreement have endorsed, take up the grievance procedure will be in accordance with Section of Appendix of the National Joint Council by-laws. Subject to and as provided in Section of the Public Service Staff Relations Act, any employee who feels to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or of a regulation, by- law, direction, or other instrument made or issued by the Council, dealing with terms and conditions of employment, or as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment, other than those arising out of the classification process, is entitled to present a grievance in the manner prescribed in clause except that, if there is another administrative procedure applicable to the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than the grievance form which may be supplied by the Council. An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the representative of the Council authorized to deal with grievances on the Council’s behalf at level one (1) of the grievance procedure applicable to employees of the Council, who shall provide the employee with a receipt stating the date on which the grievance was received. An employee may be assisted by, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a Collective Agreement or Arbitral Award unless the employee has the approval of and is represented by the Association, or any grievance relating to any action taken pursuant to an instruction, direction or regulation given or made as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the employee and when applicable the Association. An employee may present a grievance to the first level of the grievance procedure in the manner prescribed in clause not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievance. At the request of an employee who has presented completed probationary period, shall not leave assigned duties without first obtaining permission from immediate supervisor to do so and will report back to immediate supervisor upon resuming assigned duties. In accordance with this understanding, such stew- ard will be paid for such time when the time so spent is during scheduled working hours and when on the premises of the Company. The Company reserves the right to withhold payment if more than a grievancereasonable amount of time is so taken. Notwithstanding any other provisions of the grievance pro- cedure and arbitration provisions contained herein, an employee who has completed probationary period, if so desires, may take up a complaint as an individual direct with the Association Company without recourse to the grievance procedure. In the event the Company finds it necessary to call employee in the office for the purpose of disciplining the employee, and if more than one member of management is present, then the employee must be accompanied by hisfher xxxxxxx. The Union will be furnished with a copy of a written warning given to an employee. An employee who is suspended or discharged while on the premises shall have the right to consult with inform of same before leaving the person designated to reply on premises. It is agreed that the Council’s behalf at the level of the grievance procedure to which the grievance has been presented for reply. Only at the final level Company will the Association be obliged to request such consultation by letter. The shall be allowed to be present at each or remove any level of the grievance procedure wherein the process of consultation between the Council and the Association is utilized An employee may present a grievance for consideration at each succeeding level in the grievance procedure beyond the first level either: when the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision or settlement has been conveyed in writing to the employee by the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsed, or when the employee does not receive a decision within fifteen (15) days, the employee may present the grievance for consideration at the next higher level within fifteen (15) days after the last day the employee was entitled to receive a reply, but the employee shall not be entitled to do so after the said fifteen (15) days have elapsed. The Council shall normally reply to disciplinary notation against an employee’s record after an elapsed time of nine (9) months. A grievance at any level of the Union, which cannot made the griev- ance of an individual employee or a grievance procedureof the Company, except be subject to the final level, within fifteen (15) days after same general procedure as provided for the grievance is presented, and within twenty (20) days where the grievance is presented at the final level. When the employee is represented by the Association in the presentation of a grievance, the Council shall provide the appropriate representative of the Association with a copy of the Council’s decision at each level of the grievance procedure at the same time the Council’s decision is conveyed to the employee. The decision given by the Council at the final level of the grievance procedure shall be final and binding upon the employee unless the grievance is referred to adjudication in accordance with section of the Public Service Staff Relations Act. In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary for the employee to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered to the appropriate office concerned. Similarly, the Council shall be deemed to have delivered a reply at any postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. In relation to this clause both the employee and the Council shall use registered mail. The time limits stipulated in this procedure may be extended by mutual agreement between the Council, the and where appropriate, the Association representative. When the Council, as a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented it shall commence at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Association. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, to comply with the prescribed time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, and the employee is not satisfied with the outcome of the grievance, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations. Where the grievance is one relating to the interpretation or application in respect of the employee of a provision of the Collective Agreement, or a related Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedingsStep No.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE GRIEVANCE PROCEDURE. In cases The Employer and the Union recognize the desirability of alleged misinterpretation or misapplication arising prompt settlement of complaints and disputes which may arise out of agreements concluded by administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the National Joint Council of employee will be encouraged to discuss the Public Service on items which may be included in matter with the Supervisor, without prejudice to the employee or Employer, as soon as possible after the circumstances giving rise to the complaint occurs so that a collective agreement and which the parties dispute requiring reference to this agreement have endorsed, the grievance procedure will may be in accordance with Section of Appendix of the National Joint Council by-lawsavoided wherever possible. Subject to and as provided in Section of the Public Service Staff Relations Act, any Where an employee who feels to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or of a regulation, by- by-law, direction, or other instrument made or issued by the CouncilEmployer, dealing with terms and conditions of employmentemployment or, or an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment, other than those arising out employment in respect of which no administrativeprocedure for redress is provided in or under an Act of the classification processLegislative Assembly of New Brunswick, is entitled to present a grievance in the manner prescribed in clause except thatand, if there is another administrative procedure applicable to where the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than the grievance form which may be supplied by the Council. An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the representative has written consent of the Council authorized to deal with grievances on the Council’s behalf at level one (1) of the grievance procedure applicable to employees of the Council, who shall provide the employee with a receipt stating the date on which the grievance was received. An employee may be assisted by, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee is not entitled to present Union respecting any grievance relating to the interpretation or application in respect of the employee of a provision of a Collective Agreement or Arbitral Award unless the employee has the approval of and is represented by the Association, or any grievance relating to any action taken pursuant to an instruction, direction or regulation given or made as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the CouncilAgreement, the employee and when applicable the Association. An employee may present a grievance to the first level of the grievance following procedure in the manner prescribed in clause not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievance. At the request of an employee who has presented a grievance, the Association shall have the right to consult with the person designated to reply on the Council’s behalf at the level of the grievance procedure to which the grievance has been presented for reply. Only at the final level will the Association be obliged to request such consultation by letter. The shall be allowed to be present at each or any level of the grievance procedure wherein the process of consultation between the Council and the Association is utilized An employee may present a grievance for consideration at each succeeding level in the grievance procedure beyond the first level eitherapply: when the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision or settlement has been conveyed in writing to the employee by the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsed, or when the employee does not receive a decision within fifteen (15) days, the employee may present the grievance for consideration at the next higher level within fifteen (15) days after the last day the employee was entitled to receive a reply, but the employee shall not be entitled to do so after the said fifteen (15) days have elapsed. The Council shall normally reply to an employee’s grievance at any level of the grievance procedure, except the final level, within fifteen (15) days after the grievance is presented, and within STEP THREE: Within twenty (20) days where after the alleged grievance is presented at the final level. When has arisen or the employee is represented by the Association in the presentation of a grievance, the Council shall provide the appropriate representative of the Association with a copy of the Council’s decision at each level of the grievance procedure at the same time the Council’s decision is conveyed to the employee. The decision given by the Council at the final level of the grievance procedure shall be final and binding upon the employee unless the grievance is referred to adjudication in accordance with section of the Public Service Staff Relations Act. In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary for the employee to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered to the appropriate office concerned. Similarly, the Council shall be deemed to have delivered a reply at any postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. In relation to this clause both the employee and the Council shall use registered mail. The time limits stipulated in this procedure may be extended by mutual agreement between the Council, the and where appropriate, the Association representative. When the Council, as a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Association. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, to comply with the prescribed time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, and the employee is not satisfied with the outcome became aware of the grievance, the employee may refer present a grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the immediate supervisor or the person designated by the Employer as the first level in the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulationsprocedure. Where the grievance is one relating to the interpretation or application in respect of If the employee of a provision of the Collective Agreement, receives no reply or a related Arbitral Award, the employee is does not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedings.receive satisfactory settlement within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
ARTICLE GRIEVANCE PROCEDURE. In cases of The Employer and the Union agree that discussions should occur between employees, Local Union Representatives and Employer representatives when problems or differences arise, in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, Local Union Representatives and Employer representatives. If any difference concerning the interpretation, application, operation or alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council violation of the Public Service on items Agreement arises between the Employer and the Union, or between the and the Employer, it shall be processed according to the following grievance procedure. Nothing in this provision deprives of any rights or remedies to which may be included they are entitled in a collective agreement and which any legislation. Grievances involving the parties to this agreement have endorsedinterpretation, the grievance procedure will be in accordance with Section of Appendix application, operation or alleged violation of the National Joint Council by-lawsAgreement, including any question as to whether a matter is arbitrable, must have the approval and support of Union before being filed. Subject to and as provided in Section of the Public Service Staff Relations Act, any employee who feels to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or of a regulation, by- law, direction, or other instrument made or issued by the Council, dealing with terms and conditions of employment, or as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment, other than those arising The time limits set out of the classification process, is entitled to present a grievance in the manner prescribed in clause except that, if there is another administrative procedure applicable to the employee provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed. An employee may discuss a complaint with a representative from management before presenting a grievance. An employee may submit a grievance on a document other than the grievance form which may be supplied by the Council. An employee who wishes to present a grievance at any prescribed level in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and designated paid holidays pursuant to Article of this Agreement shall transmit this grievance to be excluded. If the representative of the Council authorized to deal with grievances on the Council’s behalf at level one (1) time limits set out in Complaint Step, Step or Step of the grievance procedure applicable to employees of the Council, who shall provide the employee with a receipt stating the date on which are not complied with,then the grievance was received. An employee may will be assisted byconsidered as being abandoned, and/or represented by the Association when presenting a grievance at any level. Notwithstanding the contents of clause an employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a Collective Agreement or Arbitral Award unless the employee has parties have mutually agreed, in writing, to extend the approval of and is represented by time limits. If the Association, or any grievance relating Employer fails to any action taken pursuant to an instruction, direction or regulation given or made as described in Section of the Public Service Staff Relations Act. An employee cannot be represented by any employee organization other than the Association in the presentation or reference to adjudication of meet a grievance. The Council shall designate a representative authorized to reply on the Council’s behalf at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the person to whom a grievance is to be presented in accordance with this grievance procedure. This information shall be communicated to employees by means of notices posted by the Council in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies. The number of levels in the grievance procedure prescribed for the Branch or Institute in which the employee works shall apply to the employee. All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Counciltime limit, the employee and when applicable Union, at its option, may either advance the Association. An employee may present a grievance to the first level of next step or await the grievance procedure Employer’s response, in which case no time limit shall apply against the manner prescribed in clause not later than Union until it has received the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first had good reason to be aware of the action or circumstance giving rise to such grievanceEmployer’s response. At the request of an employee who has presented a grievance, the Association shall have the right to consult with the person designated to reply on the Council’s behalf be represented by a Local Union Representative at the level any step of the grievance procedure to which procedure. At either the grievance has been presented for reply. Only at Complaint Step or Step the final level will the Association Employer representative may be obliged to request such consultation assisted by lettera Human Resource or other representative. The Local Union shall be allowed given full opportunity to be present at each or any level of the grievance procedure wherein the process of consultation between the Council evidence and the Association is utilized An employee may present a grievance for consideration at each succeeding level make representations in the grievance procedure beyond procedure. The and the first level eitherLocal Union Representative shall be able to attend such meetings without loss of pay. The employee shall be advised by the Employer of their right to have a Local Union Representative present at any disciplinary meeting or at any meeting or discussion held to investigate alleged misconduct of the Steps of the Grievance Procedure STEP 1: when Complaint: Within twenty five (25) days of the decision date upon which the employee did become, or settlement is not satisfactory ought reasonably to have become, aware of the matter giving rise to the employeecomplaint, within the and/or the Union may submit a written complaint to the CEO of the Corps. Within ten (10) days after that decision or settlement has been conveyed in writing to the employee by the Council, but the employee shall not be entitled to do so after the said ten (10) days have elapsed, or when the employee does not receive a decision within fifteen (15) days, the employee may present the grievance for consideration at the next higher level within fifteen (15) days after the last day the employee was entitled to receive a reply, but the employee shall not be entitled to do so after the said fifteen (15) days have elapsed. The Council shall normally reply to an employee’s grievance at any level of the grievance procedure, except receipt of the final level, within fifteen (15) days after complaint the grievance is presentedEmployer representative shall meet or discuss with, and within twenty (20) days where the grievance is presented at the final level. When the employee is represented by the Association in the presentation of provide a grievance, the Council shall provide the appropriate representative of the Association with a copy of the Council’s decision at each level of the grievance procedure at the same time the Council’s decision is conveyed to the employee. The decision given by the Council at the final level of the grievance procedure shall be final and binding upon the employee unless the grievance is referred to adjudication in accordance with section of the Public Service Staff Relations Act. In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. the When the provisions of clause cannot be complied with and it is necessary for the employee to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Council on the day it is delivered to the appropriate office concerned. Similarly, the Council shall be deemed to have delivered a reply at any postmarked, but the time limit within which the may present the grievance at the next higher level shall be calculated from the date on which the Council’s reply was delivered to the address shown on the grievance form. In relation to this clause both the employee and the Council shall use registered mail. The time limits stipulated in this procedure may be extended by mutual agreement between the Councilwritten response to, the and where appropriate, the Association Local Union representative. When the Council, as a result of disciplinary action, discharges an employee, the grievance procedure set forth in this Agreement shall apply except that the grievance may be presented at the final level only, subject to mutual consent as stated in clause 17.11; the twenty (20) day time period within which the Council is to reply at the final level may be extended to a maximum of forty (40) days, by mutual agreement of the Council the and, where appropriate, an authorized representative of the Association. An employee who has filed a grievance may abandon such grievance by written notification to the designated officer of the Council responsible to reply on behalf of the Council at level one (1) of the grievance procedure. An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Council, and after consultation with the Association, the employee was unable for reasons beyond the employee’s control, to comply with the prescribed time limits. No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising an employee’s right to present a grievance, as provided in this Agreement. When an employee has presented a grievance up to and including the final level in the grievance procedure with respect to: the interpretation or application in respect of the employee of a provision of this Agreement or a related arbitral award, or disciplinary action resulting in discharge, suspension or financial penalty, and the employee is not satisfied with the outcome of the grievance, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations. Where the grievance is one relating to the interpretation or application in respect of the employee of a provision of the Collective Agreement, or a related Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner: its approval of the reference of the grievance to adjudication, and its willingness to represent the employee in the adjudication proceedings.
Appears in 1 contract
Samples: Collective Agreement