Common use of ARTICLE       GRIEVANCE Clause in Contracts

ARTICLE       GRIEVANCE. A policy grievance is defined as a complaint arising directly between the Employer and Union concerning the interpretation, application or alleged violation of the agreement. The Association may complain to the Union with respect to the conduct of any employee covered by this Agreement or any complaint with respect to the conduct of Officers, Committee Members or Union Representatives and if such complaint is not settled to a mutual satisfaction of the parties it may be treated as a grievance and similarly, the union may process policy grievances which are not otherwise processed by individual employees subject to the terms of this Agreement. All policy grievances shall be initiated in writing at step of the grievance procedure and the times set forth therein shall be applicable. No policy grievance shall be considered which usurps the rights of management. Article Arbitration Where a grievance is not resolved exhausting the Grievance Procedure, either of the parties may notify the other party in writing of its desire to submit the difference of the allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board. The recipient of the notice shall within five (5) business days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within five (5) business days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within the time limits, the appointment shall be made by the minister of Labour, upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of the majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairman governs. Each of the parties hereto shall jointly bear the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arises. The Board of Arbitration shall not have any power to alter, or change any of the provisions or any existing provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement. Single Arbitrator Not withstanding the forgoing provision of this article, the parties hereto may in substitution for the above procedure agree in writing to appoint one (1) arbitrator satisfactory to both parties, in which cases such arbitrator shall have the same jurisdiction, power and authority as has been given to the Arbitration Board by the foregoing terms of this Article.

Appears in 1 contract

Samples: I Agreement

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ARTICLE       GRIEVANCE. A policy grievance is defined as a complaint arising directly between It the Employer and Union concerning the interpretation, application or alleged violation desire of all Parties to this Agreement that complaints of the agreement. The Association may complain to the Union with respect to the conduct employees or Employer regarding alleged violations of any employee covered by this Agreement or any complaint with respect to the conduct of Officers, Committee Members or Union Representatives and if such complaint is not settled to a mutual satisfaction shall be adjusted as quickly as possible. Any matter arising out of the parties it interpretation or administration of this Agreement may be treated as constitute a grievance and similarly, the union may process policy shall be settled in accordance with this Article. Such matter constituting a grievance must be processed as per Step No. (Article 7.04) (excepting Employer grievances which are not otherwise processed may be directly referred by individual employees subject the Employer to the terms of this AgreementBusiness Agent at Step No. All policy grievances shall be initiated in writing at step of the grievance procedure and the times set forth therein shall be applicable. No policy grievance shall be considered which usurps the rights of management. (Article Arbitration Where a grievance is not resolved exhausting the Grievance Procedureherein, either of the parties may notify the other party in writing of its desire to submit the difference of the allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board. The recipient of the notice shall within five (5) business days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within five (5) business working days of the appointment initial occurrence of the second event giving rise to the grievance. Therefore, it is agreed that no complaint or grievance exists until the Superintendent or the Employer representative at the jobsite has had an opportunity to adjust with the help of themthe Stewxxx xx the Business Agent where there no Stewxxx xx the jobsite. If any complaint as to the violation of this Agreement has not been settled within two (2) working days after the Superintendent or the representative has been notified of the complaint, appoint a third person who it shall be referred to the ChairmanEmployer and to the Business Agent. If Should the recipient Employer and the Business Agent fail to settle the grievance within five ( 5 ) working days (in the case of a Union grievance the working days shall be from the time of notification to the Superintendent or the representative as provided in and it shall be produced writing and referred to the Grievance Board which shall meet within five ( 5 ) working days of the notice fails date of receipt of the grievance. A Grievance Board shall be formed, composed of three (3) persons nominated by the Bureau and three (3) by the Union. The Board shall have the power to appoint an arbitratorsettle any trade disputes or grievance arising out of this Agreement between any member of the Union and any member of the Bureau, or if between the two appointees fail to agree upon a chairman within Union and the time limits, Bureau. An quorum for all meetings of the appointment Board shall consist of three (3) nominees of each Party. Decisions of the Board shall be made by a majority of the minister of Labour, upon the request of either partyvotes cast. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of the majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairman governs. Each of the parties hereto shall jointly bear the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arises. The Board of Arbitration grievance shall not have any power to alter, or change any of the provisions or any existing provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement. Single Arbitrator Not withstanding the forgoing provision of this article, the parties hereto may in substitution for the above procedure agree in writing to appoint one (1) arbitrator satisfactory to both parties, in which cases such arbitrator shall have the same jurisdiction, power and authority as has been given to the Arbitration Board by the foregoing terms of this Article.be carried further unless within five

Appears in 1 contract

Samples: negotheque.travail.gc.ca

ARTICLE       GRIEVANCE. A policy grievance It is defined as the intent of this grievance‘ procedure to provide for the successful administration of this Agreement by providing this sole and exclusive procedure to be utilized by a complaint Teacher, the Association, or the School for the prompt discussion and final and binding settle- ment of any grievance, without stoppage of work, arising directly between the Employer and Union concerning from the interpretation, application application, administration or alleged violation of the agreementthis Agreement. The Association may complain term “grievance” shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement, including any questions as to whether a matter is arbitrable. The parties to this Agreement agree that it is of the utmost importance to adjust grievances as quickly as possible. The School shall be under no obligation to consider or process a grievance unless the Teacher has discussed the problem with the Principal. A Teacher’s written grievance shall be presented as follows: Step No. A Teacher’s written grievance must be presented to his Principal with a copy to the Union with respect Educational Director within ten (10) school days or thirty calendar days whichever shall be less from the time the circumstances giving rise to the conduct of any employee covered by this Agreement grievance were or any complaint with respect should have been known to the conduct but thereafter. The written grievance shall set forth a brief outline of Officersthe facts giving rise to the grievance, Committee Members or Union Representatives the specific sections of the Agreement which are alleged to have been violated, the remedy sought, and if shall be signed and dated by the A meeting shall be held between the Association and the School, such complaint meeting to take place within seven (7) School days. The response to this meeting shall be given within seven (7) School days and this response shall terminate Step No. If the grievance is not settled to a mutual satisfaction of at Step No. the parties it may be treated as a grievance and similarly, the union may process policy grievances which are not otherwise processed by individual employees subject to the terms of this Agreement. All policy grievances shall be initiated in writing at step party having carriage of the grievance procedure and the times set forth therein shall be applicable. No policy grievance shall be considered which usurps the rights of management. Article Arbitration Where a grievance is not resolved exhausting the Grievance Procedure, either request arbitration of the parties may notify grievance by giving notice in writing to the other party within ten (10) School days, if this ten (10) day count begins and ends in writing of its desire to submit the difference same School Year, or at any other time, within fifteen (15) calender days after receipt of the allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board. The recipient of the notice shall within five (5) business days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within five (5) business days of the appointment of the second of themStep response, appoint a third person who shall be the Chairmanbut not thereafter. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman request for arbitration is not given within the above specified time limits, the appointment decision in Step No. shall be made by the minister of Labour, upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the on both parties to this Agreement, and upon any employee affected by itinvolved. The decision request for arbitration shall specify all of the majority is the decision outstanding issues of the Arbitration Board, but if there is no majority written grievance to be dealt with by the decision of arbitrator and the Chairman governs. Each of the parties hereto shall jointly bear the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arisesremedies sought. The Board of Arbitration party giving such notice shall not have any power to alter, or change any of the provisions or any existing provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement. Single Arbitrator Not withstanding the forgoing provision of this article, the parties hereto may in substitution for the above procedure agree in writing to appoint one (1) arbitrator satisfactory to both parties, in which cases such arbitrator shall have be bound by the same jurisdiction, power and authority as has been given shall be restricted at arbitration to the Arbitration Board issues presented by the foregoing terms of this Articlenotice.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE       GRIEVANCE. A policy grievance is defined as a complaint arising directly between the Employer and Union concerning the interpretation, application or alleged violation of the agreement. The Association may complain to the Union with respect to the conduct of any employee covered by this Agreement or any complaint with respect to the conduct of Officers, Committee Members or Union Representatives and if such complaint is not settled to a mutual satisfaction of the parties it may be treated as a grievance and similarly, the union may process policy grievances which are not otherwise processed by individual employees subject to the terms of this Agreement. All policy grievances shall be initiated in writing at step of the grievance procedure and the times set forth therein shall be applicable. No policy grievance shall be considered which usurps the rights of management. Article Arbitration Where a grievance is not resolved exhausting the Grievance Procedure, either of the parties may notify the other party in writing of its desire to submit the difference of the allegation to arbitration and the notice shall contain the name of the first party’s 's appointee to an Arbitration Board. The recipient of the notice shall within five (5) business days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within five (5) business days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within the time limits, the appointment shall be made by the minister of Labour, upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of the majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairman governs. Each of the parties hereto shall jointly bear the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arises. The Board of Arbitration shall not have any power to alter, modify or change any of the provisions or any existing provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement. Single Arbitrator Not withstanding the forgoing provision of this article, the parties hereto may in substitution for the above procedure agree in writing to appoint one (1) arbitrator satisfactory to both parties, in which cases such arbitrator shall have the same jurisdiction, power and authority as has been given to the Arbitration Board by the foregoing terms of this Article.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE       GRIEVANCE. A policy Should any difference arise between the Association and an employee or employees, it will be dealt with in the manner, the employees must first dis- cuss the with immediate Supervisor and a Xxxxxxx may present: One The employee concerned, who may be accompanied by Xxxxxxx may, within ten (10) calendar days of the alleged grievance, refer the matter in writ- ing to his immediate Supervisor who shall give his answer in writing to such employee within ten calendar days following the date on which the grievance was one grievance forms shall contain grievance. The written grievance shall contain a clear concerning the alleged grievance and the people grievance shall be to the employee if it and the employee shall additional calendar days to the grievance with section. Two Should any em feel that grievance has not been satisfactorily may within ten (IO) calendar days of Supervisor's decision appeal to the Executive Director. This may be done by a com- mittee comprised of the employee, a Xxxxxxx, and a Union Rep- resentative who will, within ten (10) calendar days of the date on which the answer was received, present the written griev- ance and reply to the Executive Director who shall discuss the matter with such committee and give his decision in writing no later than ten 0) calendar days after the written presentation has been given to him. If a satisfactory settlement of the grievance is defined as a complaint arising directly between not reached under the Employer and Union concerning procedure, either party may refer the interpretation, application or alleged violation matter to arbitration ten (10) calendar days of the agreementreceipt of the answer to Stage Two. The Failure of the Union to meet its time limits will cause the grievance to expire and neither it nor the same subject matter shall be further considered or made the subject of a further grievance. Failure of the Association may complain to meet its time limits shall permit the aggrieved employee to take the to the Union with respect to next succeeding step, provided he presents the conduct of any employee covered by at this Agreement or any complaint with respect to next within ten calendar days after the conduct of Officers, Committee Members or Union Representatives and if such complaint is not settled to a mutual satisfaction expiration of the parties it may be treated as a grievance and similarly, the union may process policy grievances which are not otherwise processed by individual employees subject time The Employer agrees to the terms of this Agreement. All policy grievances shall be initiated in writing extend time limits at step all stages of the grievance procedure and provided such reason- able extension is requested by the times set forth therein shall be applicable. No policy grievance shall be considered which usurps the rights of management. Article Arbitration Where a grievance is not resolved exhausting the Grievance Procedure, either of the parties may notify the other party in writing of its desire to submit the difference of the allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board. The recipient of the notice shall within five (5) business days inform the other party of the name of its appointee Union prior to the Arbitration Board. The two appointees so selected shall within five (5) business days expiry of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within the time limits. Should a second grievance occur on the same subject matter as the grievance in process, the appointment said sec- ond grievance shall not be considered while the original griev- ance is being considered. The second will be con- sidered as being presented only after first grievance has been disposed of. An employee subject to disciplinary action which is to be recorded in the employee’s file, shall have the right to the presence of a Union or Commit- tee member. Letters ofreprimand or notes on action are to be removed from an employee’s file after eigh- teen months from the date of the disciplinary action. Access to An employee or the Union staff representative or designate, with the written of the shall be entitled to review the personnel to facilitate the investigation of a grievance or for the information of the employee. A y cost) of such file or individual items will be provided to employee or Union representative if requested. Such request to review shall be made by within forty-eight (48) hours notice to the minister of LabourEmployer, upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision review of the majority is personnel file will be made in the decision presence of the Arbitration Board, but if there is no majority the decision of the Chairman governs. Each of the parties hereto shall jointly bear the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arises. The Board of Arbitration shall not have any power to alter, a supervisor or change any of the provisions or any existing provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement. Single Arbitrator Not withstanding the forgoing provision of this article, the parties hereto may in substitution for the above procedure agree in writing to appoint one (1) arbitrator satisfactory to both parties, in which cases such arbitrator shall have the same jurisdiction, power and authority as has been given to the Arbitration Board by the foregoing terms of this Articlemanager.

Appears in 1 contract

Samples: Service Employees

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