Common use of ARTICLE Clause in Contracts

ARTICLE. concerning the interpretation or alleged violation of this agreement, or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined shall be processed in the following manner: Within calendar days from the date cause of grievance the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appeal. The appeal shall include a written statement of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreement.

ARTICLE. concerning In order to provide an orderly and speedy procedure for the interpretation settling of grievances, the Employer acknowledges the right of the Union to appoint or alleged violation of this agreementelect Xxxxxxxx, or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined whose duties shall be processed to assist any employee which the Xxxxxxx represents, in the following manner: Within calendar days from the date cause of preparing and present- ing his grievance the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If accordance with the griev- ance is presented procedures. A copy of all correspond- ence regarding grievances shall be sent to the Chief Xxxxxxx. An employee shall take up any complaint with his immediate supervisor or "depart- head" within five (5) days of the event upon which the complaint originated. The im- mediate supervisor shall arrange for the pres- ence of his Xxxxxxx, if he so The immediate supervisor shall give his reply in writing within two (2) days. Failing satisfactory settlement, the grievance procedure herein shall apply. All grievances submitted at Step shall be submitted to a person at the Home in which the grievance is initiated, during hours, an a regular working day. Such designated person shall issue a signed receipt to the person submitted the grievance, acknowledging having received the grievance and having upon it the time and date that the was received. Inthe first instance, an employee shall take up any grievance directly with his Department Head within four (4) days of the reply in Article The Department Head shall arrange for the presence of his Xxxxxxx. The Department Head will, within two (2) days, enter his a on the back of the copies of the grievance and return two (2) copies to the Xxxxxxx. If the grievance is still not settled, the grievance may, within three (3) days of the reply in Article be presented to the Administrator of the Home or his representative. A meeting be- tween the Administrator or his representative, the the Xxxxxxx and Unit Officer will be held within two (2) days of receipt of the grievance. The Administrator or his representa- tive shall give his decision in writing within three (3) days of the meeting being held. notsettled, thegrievance may, within nine (9) days of receipt of the Administrator's or his representative's deci- sion, be presented to the Director of Human Resources and the Director of the Senior Citi- xxxx Department. A meeting with the Director of Human Resources and the Director of the Senior Citizens Department will also take place within nine (9) days of the submission of the grievance. The decision of the Director of Hu- man Resources and the Director of the Senior Citizens Department in the case of a Corpora- tion grievance shall be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar ten (10) days of receiving after the appealmeeting at which it was discussed. The appeal shall include a written statement of If the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is still not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may may, within thirty (30) days, be progressed referred to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreement.Arbitration as follows:

ARTICLE. concerning It is understood that the Company may bring forward and give to the Union at any time any complaint or grievance: With respect to the conduct of the Union, its officers, or committeemen. With respect to the conduct of the employees generally, With respect to the application or interpretation or alleged violation of the provisions of this agreement, Agreement. The complaint or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined shall grievance will first be processed in the following manner: Within calendar days from the date cause of grievance the employee and/or the Local Chairman may present the grievance orally or presented in writing to the Officials of the Union and if no satisfactory adjustment is reached within seven working days, then the Company shall have the right to refer the matter to a Board of Arbitration as hereinafter described. complaints shall be adjusted as quickly as possible: both parties, therefore, that the employee's supervisor should be informed as quickly as possible of the employee's complaint, and that in ordinary circumstances an employee should not consider that he/she has a grievance until he/she has given his/her immediate supervisorsupervisor an opportunity to adjust his/her complaint. Nothing herein shall prevent an individual employee from presenting and discussing a grievance on his/her own behalf, provided that if the Union has taken up a grievance on behalf of an employee with his/her consent, the withdrawal of such consent shall not prevent the Union from carrying such grievance on under the provisions hereof. . A written grievance, signed by the employee, shall be submitted by the employee, who may be accompanied by his/her Xxxxxxx, to the xxxxxxx concerned. The xxxxxxx will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If sign the griev- ance is presented in writing grievance and indicate the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision his/her answer in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing Xxxxxxx within calendar days of receiving the appeal. The appeal shall include a written statement two working days' of the date on which he/she receives the grievance. A seniority grievance as concerning lay-off, recall or transfer, shall designate in such grievance at the time it is submitted in first stage, the interpretation of al- leged violation name of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office job Board of Arbitration, The settlement . If the job incumbent of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days such primary claim has been transferred or laid off prior to the date that such grievance was submitted set by the Arbitration, the employee shall advise the Company as to the alternate job incumbent selected from the names contained in the grievance, at Step least three weeks prior to the date set by the Board of Arbitration. Grievances must be filed within one week after an answer has been given by the xxxxxxx in the first stage. The Plant Manager, or his/her appointee will, within five working days after receipt of the griev- ance proceduregrievance, convene a meeting to discuss the matter with the employee(s) and the Union grievance committee and render his/her decision in writing within one week of such meeting. Any A grievance not progressed within alleging a violation of Article will be filed directly with the prescribed Company by the Union, or the incumbent employee, in accordance with the time limits shall be considered settled on the basis set forth in The Plant Manager, or his/her appointee, will within five working days after receipt of the last decision grievance convene a meeting with the employee(s) and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreement.Union grievance

ARTICLE. Any disciplinary action or difference concerning the interpretation interpretation, application, operation or alleged violation of this agreementAgreement, including any question as to whether or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined not the difference is arbitrable, shall be settled in accordance with the following procedures. Except as otherwise provided in this Agreement, a grievance shall be processed in by recourse to the following mannersteps: Within First Level (Manager); Second Level (Board of Directors of Employer); Final Level (Arbitration). The Union shall have the right to file grievances on behalf of its members and to consult with the Employer with respect to a grievance at each or any level of the grievance procedure. Where an employee or the Union has a grievance, he or the Union shall initiate such grievance in writing, setting out the grievance, the clause or clauses of the Agreement alleged to be violated and the remedy required, to the Manager, not later than (25) calendar days from after the date cause on which he or the Union first became aware, or should have become aware, of grievance the employee and/or action or circumstances giving rise to the Local Chairman may present grievance. The Manager shall reply in writing, providing his answer to the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within fourteen (14) calendar days of receiving the decision under Step grievance. In the Local Chairman event that the Manager's reply does not resolve the grievance or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appeal. The appeal shall include a written statement of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is Manager does not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits for such reply, the employee or the Union shall, if he or it wishes to continue the grievance, within fourteen (14) days, submit the grievance to the Board of Directors. The Board of Directors shall, within thirty (30) calendar days, consider the grievance and provide the employee or the Union with their reply. In the event that the Board of Directors' decision does not resolve the grievance or they have not replied within the prescribed time frame for such reply, the Union shall, if it wishes to continue the grievance, provide written notice to the Employer, referring the matter to arbitration, within ninety (90) days. The parties may mutually agree to extend any of the above time limits. Where an employee has been represented by the Union in the presentation of his grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee. No employee shall be considered settled on dismissed without first being given notice in writing together with the basis of reasons therefore. When the last decision and Employer dismisses an employee, the grievance procedure shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limitsapply, except that the grievance may be progressed to presented at the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreementfinal level.

ARTICLE. concerning the interpretation or alleged violation of this agreement, or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined The Owner Operator shall be processed forthwith insure his said motor vehicle in the following manner: Within calendar days from the date cause minimum amount of grievance the employee and/or the Local Chairman may present the grievance orally or One dollars coverage in writing respect of public and property damage claims and produce evidence thereof to the immediate supervisorCompany. The shall have the right to maintain a fidelity bond in the minimum amount of thousand dollars ($50,000.00) per loss in respect of the Owner Operator and cargo insurance in the minimum amount of twenty-five thousand dollars ($25,000.00) per loss with fifty dollars ($50.00) deductible for theft and one hundred dollars ($100.00) deductible in respect to other losses, who will give a decision as soon as possible but such cargo insurance in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman respect to damages or the General Chairman losses which may appeal the decision in writing accrue to goods belonging to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered Company’s customers while in writing within calendar days the custody of receiving the appealOperator. The appeal shall include a written statement Owner Operator authorizes the Company to deduct his earnings the cost of the grievance as it the interpretation of al- leged violation of the agreement, fidelity bond and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date cargo insurance provided that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and cost shall not be subject more than an amount of money with which the Owner Operator could himself provide the coverage described. Whichever party shall provide the fidelity bond and cargo shall also produce evidence thereof to fur- ther appealthe other party upon demand. Where a decision In addition to the insurance requirementsas set out in Paragraph the Owner Operator shall at all times during the continuance of this Agreement, carry and keep in force such policies of insurance which may from time to time be required by any governmental authority. If the Owner Operator to carry such insurance as required, the Company may obtain same for the Owner Operator and the Owner Operator agrees to and hereby authorizes the Company to deduct such costs from his earnings payable hereunder. of the The Owner Operator shall responsibility for any cargo that is entrusted to him and is by him and shall reimburse the of such cargo for any loss or damage incurred or shall reimburse the Company should the Company pay for same on behalf of the Owner Operator. The agrees not to pay any claim or make any settlement without first consulted with the Owner involved and having advised him intention to settle and/or pay the claim. Upon such Owner Operator disputes liability for such claim paid or intended to be paid by the Company, he may grieve pursuant to the grievance hereunder. he is not rendered by found pursuant to such grievance procedure the appropriate officer of the railway within the pres- cribed time limitsOperator shall reimbursed, the grievance may be progressed to onus of proof on the next step in Owner Operator that his actions were not the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreementcause of such loss of claim.

ARTICLE. concerning For the interpretation or alleged violation purposes of this agreementAgreement, a grievance is a complaint which has been reduced to writing respecting the meaning and/or application of the provisions of this Agreement and all pertaining thereto. A grievance may concern a difference arising between an employee and the Employer or the Union and the Employer. The Parties to Agreement share a desire to adjust employee complaints quickly possible. An employee shall his/her complaint with his/her immediate supervisor within five days of the occurrence giving rise to the complaint to afford the supervisor opportunity to resolve the complaint. The employee may be accompanied by a representative of the Union when the complaint is being discussed with the supervisor. It is agreed that an appeal employee not file a grievance until has his/her complaint with his/her In accordance with paragraph When an employee has presented his/her complaint to his/her supervisor and the complaint has not been resolved to his/her satisfaction within three days of the meeting, he/she nay file a grievance the Union Grievance Committee. The grievance be and dated by the employee within fifteen days of the day on which he/she notified or become aware of the incident rise to the grievance or within ten days of the receipt by him/her of his/her supervisor’s reply to his/her complaint, whichever shall last occur. Where an em- ployee who believes that he ha8 been unjustly disci- plined shall be processed in employee has filed a grievance with the following manner: Within calendar Union Grievance Committee, the Union may, within ten days from the date cause of grievance the employee and/or the Local Chairman may thereof, present the grievance orally or in writing to the immediate supervisorDepartment Head or designate. The Department Head or designate shall meet with the and the Union representative within five days from the day on which it presented and shall, who will give a within five days from the meeting, render his/her decision as soon as possible but in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving If the Department Head or designate: fails to meet the and the Union representative, or fails to render his/her decision to the and the Union representative within the time prescribed in paragraph or the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing is not acceptable to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing the Union representative, The Union Grievance Committee may forward a copy of the to the Personnel Commissioner within calendar fifteen days of receiving from the appealday on which the grievance presented to the Department Head or designate. The appeal Personnel Commissioner or his/her designate shall include a written statement within seven days after the service of the copy of the grievance as it upon him/her, meet with the interpretation of al- leged violation Union Grievance Committee and the Department Head or designate of the agreementemployee’s department, and identify shall within five days after the specific provisions involvedmeeting with the Union Grievance Committee, The written notify the said Committee in writing of his/her decision with regard to the grievance. In the event that the decision of the Personnel Commissioner is not acceptable to the Union Grievance Committee, the Committee may notify the Personnel Commissioner within ten days of the receipt by it of the decision of the Personnel Commissioner that it desires to submit the grievance to arbitration for final disposition in accordance with the procedure for Arbitration of Grievances contained in this Agreement. In the event that the Personnel Commissioner is unable to resolve a matter referred by the Employer to the Union Grievance Committee, the Personnel Commissioner may notify the Chairman of the Union Grievance Committee within ten days of the receipt by the Personnel Commissioner of the decision of the Chairman of the Union Grievance Committee that the Employer desires to submit the grievance to arbitration for final disposition. in accordance with the procedure for Arbitration of Grievances contained in this Agreement. Where the relates to the of an appeal against discipline imposed employee, the procedure shall outline start the union’s contention to why Personnel Commissioner in with the discipline should be reduced of paragraph Where the grievance is initiated by either the Union or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limitsEmployer, the grievance may be progressed to procedure shall start with the next step Personnel in accordance with the provisions of paragraph At any stage in the grievance procedureprocedure employee may be and shall be represented by the Union in the presentation of a complaint or grievance. The time limits specified expressed in this Article may are working days and be ex- tended extended by mutual agreement between the Union and the Personnel Commissioner or designate. In each case, to extend the time limits must be in writing stating the reasons for the request. The Personnel Commissioner or designate or the Union shall reply in writing. the previous Article still remains unresolved, be submitted to arbitration. Either party to the Agreement desirous of exercising this provision shall give notice of intention to the other party and at the same time appoint its member to the Board of Arbitration. The other party shall, within period of days, appoint its member to the Board of Arbitration. The two members thus appointed shall confer jointly in an endeavour to select a third member who shall be the Chairman of the Board. If, within ten days, the two members have not reached agreement, the matter shall be referred to the Minister of Labour of the Province of Ontario who shell appoint a Chairman, The decision of the Board of Arbitration shall be final and binding on both Parties to the Agreement well as upon the employee or employees involved in the dispute. The Board of Arbitration shall not have any power to alter or change any provision of this agreement or to substitute any new provision for an existing provision, nor to render inconsistent with the terms and content of this Agreement. Each Party shall bear the expenses of its own arbitrator and shall bear equally the expense of the Chairman and all other expenses of the arbitration. In the case of an employee who has been found to be unjustly suspended or discharged, he/she shall be reinstated and have all rights and benefits restored. Nevertheless, in any situation where the Board of Arbitration detersines that there is cause for discipline, suspension or it shall have the power to modify any penalty imposed by the Employer and to take whatever other action is just and equitable the circumstances.

ARTICLE. concerning the interpretation or alleged violation As a condition of this agreement, or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined continued employment each employee shall be processed in the following manner: Within calendar days from the date cause of grievance the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give sign a decision as soon as possible but in any case properly authenticated membership application card within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within thirty calendar days of receiving employment. The will deduct from the decision under Step first pay of such employee earned by him in the Local Chairman or month following the General Chairman month of hire, an amount equivalent to the union initiation fee. The amount of such initiation fee shall be certified to the by the Secretary-Treasurer of the Union. Signing of the union application card shall in no way reduce the probation period nor the conditions of employment for new employees as outlined in Article Commencing in the month following the month of hire the agrees to deduct Union dues and other amounts chargeable by the Union from the monthly wages of Employees who shall give a written authorization to the to make such deductions and to remit such amounts promptly to the Secretary-Treasurer of the Union not later than the 25th day of the month in which the deduction is made. Such authorization is irrevocable. The shall, when such dues, provide the names, addresses and classifications of the Employees from whose pay such deductions have been made, together with the names, addresses and classifications of any who have left the of the Employer. The authorization referred to above shall be as set out below. It shall be signed by the in duplicate, one copy to be forwarded to the one copy to be forwarded to the Union: hereby authorize my Employer to deduct each month from my wages, fees, and other assessments charged by the Union in accordance with its constitution and by-laws, as they may appeal be amended from time to time, and to remit such amount to the decision Secretary-Treasurer of the Union. ." I submit this authorization and assignment with the under- standing that it will be irrevocable The Union shall notify the in writing of the names of its bargaining committee members and The Employer shall provide the Union with all necessary information relating to the Director Operations Xxxxxxxxx following for within the bargaining unit on a current basis: a list of Employees, showing their names, social insurance numbers, addresses and Xxxxx whose decision will classifications, ranked according to seniority; job job awards, promotions, demotions and transfers ; discharges, suspensions, written warnings, resignations, retirements and deaths; information relating to salaries and fringe benefits including pension and welfare plans. in the bargaining unit shall have access to their personnel records at reasonable times and shall, upon request, be rendered provided with copies of material contained in writing within calendar days of receiving the appealsuch records, which shall be corrected if inaccurate. The appeal Employer shall include a written statement provide bulletin boards for the use of the grievance as it Union at appropriate locations upon which the interpretation Union shall have the right to post notices relating to matters of al- leged violation interest to the Union and the The agrees to acquaint new with the fact that a Collective Agreement is in effect and to introduce a new to her Union Representative so that she can be advised of the agreement, terms and identify the specific provisions involved, The written conditions set out in the agreement. The shall provide the Union with adequate space for Union meetings. Union representatives shall be entitled to leave their work during working hours in order to carry out their functions under the Agreement including the investigation and processing of an appeal against discipline imposed grievances, attendance at meetings with the partic- ipation in negotiations, conciliation, mediation and arbi- tration. to leave work during working hours for such purposes shall outline the union’s contention to why the discipline should first be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the Presidentobtained from a supervisor, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance but such permission shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedurebe unreasonably withheld. Any grievance not progressed within the prescribed time limits spent in performing Union duties shall be considered settled on the basis of the last decision and shall not to be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreementworked.

ARTICLE. concerning No individual employee or group of employees shall undertake to represent the interpretation Union at meetings with the Company without proper authorization of the Union. In order that this may be carried out, the Union will supply the Company with the names of its Union Representatives. Similarly, the Company will supply the Union with a list of its supervisory or alleged violation other personnel with whom the Union may be required to transact business: The Company recognizes the right of the Union to elect or appoint three (3) Stewards one (1) additional who shall be the Chief Xxxxxxx plus two (2) Alternates for the purpose of assisting other employees in the processing or presentation of grievances. The Alternate Xxxxxxx shall only act in the absence of other Stewards. The Stewards must have completed their probationary period. The Union shall at all times keep the Company notified in writing of the names of the employees who are acting in the capacity of Xxxxxxx. The Union may at its discretion have the Chief Xxxxxxx and/or any Xxxxxxx involved in the filing of a in attendance at a grievance meeting. It is understood that the Stewards will have to do the work assigned to them by the Company, and if it is necessary that they investigate a grievance during working hours, they will not leave their work if they are the only employee at that location. In other cases they will not leave work before obtaining the permission of the Supervisor and if they are requested to do so, will give an explanation as to their absence and its length, If these conditions are met, the Company agrees that Xxxxxxxx will not lose pay in such circumstances. The Union will, within fifteen (15) days after the date of signing this Agreement, notify the Company, in writing, of the names of the Stewards. The Union will inform the Company, in writing, within ten (10) days when any change will take place in the Stewards. The Company will no Xxxxxxx unless the above procedure is carried out and no Xxxxxxx shall be appointed or elected unless he has completed the probationary period. The bargaining unit employees have the right, at any time, to have the assistance of a Union Representative of the United Food and Commercial Workers International Union when dealing with the Company, A business agent of the Union, identified to the Company, in writing, wishing to discuss matters on Company premises with Company representatives or with employees will, whenever practical provide prior notice to the Company. When prior notice is not possible the business agent shall, upon entering the premises notify the Site Manager or in his absence the Operations or General Manager The Company will compensate Stewards at their regular rate of pay for time spent during their working hours in grievance meeting with the Company or the investigation or proceeding of grievances of employees. This does not apply to time spent on such matter outside regular working hours. Grievance meetings will normally be held during working hours. The Company agrees to pay for of the wages of the three (3) employees on the negotiating committee at their regular rate of pay for lost time during negotiations. Xxxxx agrees to the remaining of this agreement, or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined shall be processed in the following manner: Within calendar days from the date cause of grievance the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appeal. The appeal shall include a written statement of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreementcost.

ARTICLE. concerning the interpretation or alleged If any employee aggrieved by an action of and believes such action is in violation of this agreementAgreement, (except any matter arising out of or related to the suspension or discharge of an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined employee, which shall be processed handled pursuant to Article of this Agreement), he may file a grievance and it shall be disposed of in the following manner: Within calendar days from Step : The employee or the date cause of Union's local representative shall present a written detailed grievance the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible but in any case appropriate officer within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within fifteen (1 5) calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered dispute. The officer must in writing within calendar fifteen (15) days stating the supervisor's decision regarding the grievance. These time may be extended only by agreement of receiving and the appeallocal Union representative. The appeal shall include a written statement of A grievance not resolved in Step may be progressed by the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention employee's designated representative to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered Manager in writing within calendar thirty (30) days of receiving receipt by the appealemployee of the supervisor's written decision, requesting that the General Manager review the supervisor's decision. The General Manager must render a final decision within fifteen (15) days of receipt by him of the request for review. These time limits may be extended only by mutual agreement of the Union and Step A grievance or appeal which is not settled at the President’s level resolved in Step may be progressed by or the Union to a Joint Conference of the Union and for final settle- ment mediation and resolution. The members of the Conference be individuals with the authority to resolve the Canadian Railway Office issues brought to it, The party who progresses the grievance to Step must do so within forty-five (45) days of Arbitrationthe receipt of the General Manager's decision in Step The notice requesting the Joint Conference will contain sufficient information to apprise the other party of the facts and nature of the issues. The Joint Conference will meet in person or by conference call in an attempt to resolve the issues sent to it within thirty (30) days of the receipt of the notice. The Union and may extend these time limits by mutual agreement, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar thirty (30) days prior to the date that such the grievance was submitted at Step of the griev- ance this grievance procedure. Any grievance not progressed advanced by the employee or his designated Union representative within the prescribed time limits shall be considered settled on the basis of the last decision and shall not deemed to be subject to fur- ther appealabandoned. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed prescribed time limits, the grievance may be progressed advanced to the next step in the grievance procedureprocess. The time limits specified in this Article may Any grievance abandoned by the Union will not be ex- tended by mutual agreementconsidered as a precedent or waiver of the contentions of the Union as to similar cases.

ARTICLE. concerning The Union shall elect or otherwise appoint a Grievance Committee which shall be by the Committee as well as such changes in its personnel as may occur from time to time. The Employer shall advise the Union of the names of the non-union supervisors (and designates) for each area for the purpose of key contact persons for stewards. xxxxxxx will make every effort to adjust the situation with the non-union supervisor or designate before it is in writing. If the alleged grievance is not settled at this stage five working days alter the grievance is registered, it may, at the request of the a employee, within ten working after receipt of the response from the employer, be carried to step If the griever fails to act within the time limit, the S t e p T w o By the Union Grievance Committee, and a senior representative Personnel Services. The Director of Personnel Services or his/her representative shall hold a within ten working days of the difference directly between the Union and the involving the interpretation or alleged violation of this agreementAgreement which cannot otherwise be dealt with under this Article because of the or refusal of an employee to submit a grievance, or where the grievance affects a group of employees, or a Department, or the University as a whole, may be submitted by the Union in writing, at the second step (Article and dealt with as a proper grievance under the grievance procedure. A disciplinary notation from an appeal by record shall not be used against this person more t an em- ployee who believes that he ha8 been unjustly disci- plined shall be processed in the following manner: Within calendar days from two years after the date cause of issue. If a grievance the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appeal. The appeal shall include a written statement of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at Step Two, either party may notify the Presidentother within one month after receiving the written reply that it intends to proceed to arbitration. The notice of intention to proceed to arbitration shall contain the name and address of the party’s level may be progressed for final settle- ment nominee to the Canadian Railway Office proposed Arbitration Board. The arty who receives the notice of Arbitration, The settlement intention to proceed to shall then notify the other party of a grievance shall not under any circumstances involve retroactive pay beyond a period the name and address of calendar days prior the party’s nominee to the date that such grievance was submitted at Step of proposed Arbitration Board ten working days after receiving the griev- ance procedurenotice. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and The two nominees The Arbitration Board shall not be subject nor shall the Board assume authority, to fur- ther appeal. Where a alter, modify, or amend any part of this Agreement, nor to make any decision is not rendered by inconsistent with the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreementprovisions thereof.

ARTICLE. concerning the interpretation or alleged violation The Employer recognize a Negotiating Committee of this agreement, or an appeal by an em- ployee not more than six employees who believes that he ha8 been unjustly disci- plined shall be processed in the following manner: Within calendar days from the date cause of grievance the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appeal. The appeal shall include a written statement employ of the grievance as it Employer for the interpretation purpose of al- leged violation renegotiating this Collective Agreement. Alliance shall notify the Employer, in of the agreement, names of its officers and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention Negotiating Committee as they are time to why time selected and the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject required to fur- ther appealrecognize any such officer or committee member until SO notified. Alliance officers and committee members have their regular duties to perform on behalf of Employer. Therefore, an officer or committee member shall not leave the of the duties of any other employee in order to deal grievance or other Alliance business with the Employer without first obtaining the of Principal. The permission of the Principal shall not be withheld. In the event that an Alliance officer or committee member is from duty to attend a meeting with the Employer, such meeting will be rescheduled to a mutually satisfactory time. Joint Committee A Joint Relations Committee shall be established for the purpose of discussing of concern to either party, including workload, and to make recommendations regarding these matters. The Committee shall be composed ofthree (3) members from the Alliance and three (3) members the School, a representative of the Board. The chairmanship shall be rotated at each meeting. The committee shall meet at the request of either party as required. each meeting the Committee will write either a) a report on progress decisions or a recommendation for action. Administrative assistance shall be made available by the School. Reports containing recornmendations shall be submitted to the Head of School, the Board and the during each term. Where the Committee cannot reach a decision is not rendered consensus, the representatives each party may submit a separate report. In the event of an impasse, either party may request that the Committee be chaired by an independent chairperson who shall attempt to facilitate consensus, but shall have no power to make a binding decision. The costs of the chairperson shall be equally by the appropriate officer parties. The shall be Xxx Xxxxxx or as otherwise agreed upon between the parties time to time provided that, if the chairperson unavailable or otherwise unwilling to act, the parties shall agree upon another chairperson and, in the event of disagreement, shall agree to request the assistance one of the railway within persons specified in Article It is agreed that the pres- cribed time limits, Director of Human Resources will not be a member of the grievance Joint Relations Committee but may be progressed called on as a resource person by the Committee as they deem appropriate. composed of teacher representatives of the respective branches Junior School and Senior School) and the School’s administration shall needed to consider timetabling issues for the following year. These committees their recommendations to the next step in the grievance procedureHead’s Council. The time limits specified School will consider in this Article may be ex- tended good recommendations of the Committees. The School will submit a written to the recommendations and where the recommendations are not agreed to by mutual agreementCouncil, will provide the reasons for their response. A committee composed of teacher representatives of all branches, parent and representatives of the School’s administration meet on a basis to consider issues regarding the School calendar for the following year and their recommendations to the Head’s Council. The School will consider in good recommendations of the Committee. The School will submit a written to the recommendations and where the recornmendations are not agreed to by Council, will provide the reasons for their response.

ARTICLE. concerning For purposes of this agreement, a grievance is defined as a difference arising between the interpretation parties relating to the interpretation, application, administration or alleged violation of this agreementthe agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed, up to and including discharge, or at any stage of the grievance procedure, an appeal by an em- ployee who believes employee shall have the right upon request to the presence of her xxxxxxx. The Employer shall the employee of this right in advance. It is the mutual desire of the parties hereto that he ha8 been unjustly disci- plined complaints of employees shall be processed adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within ten (10) calendar days after the circumstances giving rise to it have occurred or ought to have come to the attention of the employee. Failing settlement within ten (10) calendar days, the complaint shall then be taken up as a grievance within ten (10) calendar days following advice of his immediate supervisor's decision in the following mannermanner or sequence: The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to have been violated. The immediate supervisor will deliver his decision in writing within ten (10) calendar days following the day on which the grievance was presented to him. Failing settlement, then: For the purpose of the grievance procedure, Step No the employee's immediate supervisor and the Director are the same person in the Nursing Department. Thus, the immediate supervisor to whom should be addressed at the outset, is the Director. Within ten (10) calendar days following the decision under Step No. the employee submit the written grievance to the appropriate Director, who will deliver his decision in writing within ten (10) calendar days the date on which the written grievance was presented to him.The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Step No. I may be omitted where the employee's immediate supervisor and the Director are the same person. Failing settlement then: Within fourteen (14) calendar days from following the date cause of grievance the employee and/or the Local Chairman may present decision in Step No. the grievance orally or may be submitted in writing to the immediate supervisor, Administrator of the Home and the Grievance Committee who will give a decision as soon as possible but in any case shall meet within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within fourteen (14) calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appeal. The appeal shall include a written statement submission of the grievance at Step No. unless extended by agreement of the parties. The purpose of the meeting shall be to facilitate a resolution of the grievance or otherwise clearly identify the issues in dispute. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is understood that the Administrator of the Home may have such counsel and assistance as it he may desire at such meeting. The decision of the interpretation Employer shall be delivered within the fourteen (14) calendar days followingthe date of al- leged such meeting. A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed Agreement shall outline the union’s contention to why the discipline should be reduced or Within originated at Step No. within fourteen (14) calendar days of receiving following the decision under Step the General Chairman may appeal the decision in writing circumstances giving rise to the Presidentcomplaint or grievance. It is expressly understood, whose decision will however, that the provisions of this Article may not be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment used with respect to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to directly affecting an employee which such employee could himself institute and the date that such regular grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and procedure shall not be subject to fur- ther appealthereby bypassed. Where a decision is not rendered by the appropriate officer number of the railway within the pres- cribed time limitsemployees have identical grievances and each employee would be entitled to grieve separately, the grievance they may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreement.present a group

ARTICLE. concerning For the interpretation purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, or alleged violation of Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this agreementright in advance. Where the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or an appeal by an em- ployee who believes discharge in writing, within three (3) days It is the mutual desire of the parties hereto that he ha8 been unjustly disci- plined complaints shall be processed adjusted as quickly as possible, and it understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following mannermanner and sequence: Within calendar days from STEP ONE The employee shall submit the date cause of grievance the grievance, in writing, and signed by him, to his supervisor. The employee and/or the Local Chairman may present the grievance orally or be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to the immediate supervisorhim. Failing settlement, who will give a decision as soon as possible but in any case within cal- endar then: STEP TWO Within five (5) days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving following the decision under Step the Local Chairman employee, accompanied by a' union xxxxxxx, or the General Chairman union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision writing within five (5) days following the day on which the grievance was presented to him. This step may appeal be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Director Operations Xxxxxxxxx Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and Xxxxx whose the designated union representatives who may be accompanied by the general representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The decision will of the be rendered delivered in writing within calendar ten (10) days of receiving the appeal. The appeal shall include a written statement of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that of such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreementmeeting.

ARTICLE. concerning The Union and the interpretation Employer agree to undertake a mediation process to assist in resolving differences or alleged violation disputes arising between the Parties to this Agreement based upon the following: Mediation can be used at any step during the process. The local manager and the Employee or Xxxxxxx must agree to use mediation, subject to the agreement of this agreementthe Parties. The local manager and the Employee or Xxxxxxx must agree on the specific mediator, or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined subject to the agreement of the Parties. The costs of the mediation shall be processed in borne equally by the following manner: Within calendar days from Employer and the date cause of grievance Union. Resolutions are on a without prejudice, without precedent basis, unless otherwise agreed to by the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give Parties. If a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appeal. The appeal shall include a written statement of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which mutually acceptable resolution is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limitsreached, the grievance may be progressed will proceed to the next step in the grievance procedureand Arbitration Process. Parties agree to develop a list of mutually agreed upon mediators. The time limits specified in Employer and the Union may agree to seek the assistance of a mediator from this Article list prior to an arbitration hearing. The Parties agree to develop a list of five (5) mutually agreed upon Arbitrators by October Once this list has been established, the Parties agree to have three (3) dates with each Arbitrator during each twelve (12) month period beginning October on which arbitrations may be ex- tended heard. The order in which cases will be heard shall be determined by mutual the Parties as soon as is practicable. If a grievance is not settled at Step it may be taken to arbitration either under the provisions of Section of the Ontario Labour Relations Act or by a notice signed by the President of the Union and given to the Director, Non- Academic Employee Relations no later than fifteen (I 5) working days following receipt of the Employer's written reply as required in Step (Article plai n In the latter case: The written notice shall contain the details of the grievance, the specific or interpretation of the Agreement that has been allegedly violated, and the relief sought the arbitration board or a mutually agreed upon sole arbitrator or an arbitrator from the list referred to in Article If the matter is to proceed to a three (3)-person board, the written notice shall also contain the name and address of the Union's appointee to the board. The Employer shall notify the Union of the name and address of its appointee to the board no later than ten (IO) working days following receipt of the Union's written notice. The two (2) appointees shall, within ten working days, select an impartial Chair. Failing agreement within this time, either Party may request the Minister of Labour for the Province of Ontario to select a Chair. If the matter is to proceed to a mutually agreed upon sole arbitrator, the written notice shall also include suggested of The Employer shall confirm its agreement with the Union's suggested or in the absence of such agreement, shall provide the of suggested to the Union. In either case, the Employer shall reply in writing no later than ten working days following receipt of the Union's written notice. The arbitrator or the arbitration board shall hear and determine the matter in dispute, and issue an award which shall be final and binding upon the Parties to this Agreement. The Arbitrator or arbitration board shall, however, have no authority to add to, subtract from, or alter any provision of this Agreement, nor make an award which has such effect. The Parties agree that the and the Union Xxxxxxx shall be given sufficient release time, paid by the Employer, from their work duties and responsibilities in order to attend the arbitration preparation and the arbitration Each Party shall bear the expenses of all other representatives, participants and witnesses and for the preparation and presentation of its own case. The fees and expenses of the Arbitrator or Chair shall be borne equally by the Parties.

ARTICLE. concerning The Company will advise the interpretation or alleged violation Union of this agreement, or an appeal by an em- ployee who believes any planned lay-off prior to any final decision being made. The Company agrees to meet with the Union within hours after notice the Union that he ha8 been unjustly disci- plined it wishes to meet to discuss the planned lay-off provided such notice from the Union shall be processed in given within hours after receiving the following manner: Within calendar days notice of the planned lay-off from the date cause Company. The final determination as to what jobs are to be abolished and the of grievance employees to be laid off shall be made the Company. employees are to be laid off, such layoffs shall proceed in inverse order of Company seniority, provided that no employee is to be displaced by a more senior employee unless the latter possesses the occupational qualifications as set by the Company of the job filled by the employee and/or with less seniority. An employee about to be laid off from one position who possesses the Local Chairman occupational qualifications by the Company in another position may present apply their company seniority and revert to such other position. the grievance orally or provisions in writing Article I above, where employees in Salary Group are to be laid off, the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt Company shall have the sole discretion to determine the order of grievance, If the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appeal. The appeal shall include a written statement of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled lay-offs on the basis of the last decision qualifications, skill, ability, creativity and performance of such employees. An employee who is laid off from Group shall retain the right to displace a less senior employee within any other Salary Group provided the more senior employee possesses the occupational qualifications as set the Company for the job held by the employee with less seniority. Where the senior employee does not possess such occupational qualifications, the pay provisions of Articles and will apply. employee reverting to another position shall be placed in the wage scale of the other position at the same salary step they occupied in their former position, and thereafter, shall continue to progress up the wage scale in the position to they reverted, in accordance with their new seniority, on the annual anniversary of the reversion to the other position. time employees affected by lay-off shall have the right to replace part- time employees provided they have the occupational qualifications as set by the Company for such part-time positions. It shall be the intention of the Company to give full consideration for the job vacancies within the Company to those employees who are to be laid employee to be laid off shall be entitled to notice or pay lieu of notice in accordance with the following schedule: Less than years years but less than years years or more Four (4) weeks Five (5) weeks Six (6) weeks addition to notice or pay in lieu of notice, an employee to laid off shall be entitled to severance pay in an amount equal to two (2) weeks’ pay for each full year of service to a maximum of fifty-two (52) weeks’ pay. The Company shall provide notice in writing to the Union at least one hundred twenty (120) days in advance of the introduction of any technological change. During such notice period, the Parties shall meet to discuss possible means of reducing the impact of the technological change on the bargaining unit. the introduction of any technological change results in a bargaining unit position being abolished, an employee about to be laid off from one position who possesses the occupational qualifications set by the Company in another position may apply their Company seniority and the provisions of Articles and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedureapply. The time limits specified in this Article may be ex- tended by mutual agreementCompany shall provide appropriate training to assist the employee to become qualified for the position.

ARTICLE. concerning The Employer and the interpretation Union agree that the prompt and effective settlement of a grievance is desirable and should be expedited. In order to permit the effective and equitable adjustment of grievances, the parties agree to adjust any complaints or alleged violation grievances through the regular grievance procedure hereinafter set forth. The Union will elect a Grievance Committee consisting of this agreementthe President and Secretary of the Union, the Chief Xxxxxxx and a representative of each City department or of the Board concerned in any particular grievance, but if such grievance concerns only one City department the representative of that group, or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined the employees of the Board, with the Secretary and President shall be processed the Grievance Committee dealing with the particular grievance. Should any dispute or grievance arise between the Employer and the Union there shall be no suspensions of work on the part of the Employer or employee on account of such dispute or grievance, but instead an xxxxxxx effort shall be made promptly to adjust such grievance or dispute by negotiation. A dispute of grievance shall not be discussed with Union when individual or group stoppages occur until the Employees participating in the following mannerstoppage have returned to work. The steps to be taken successively shall be as follows: Within calendar Step Any aggrieved employee may orally discuss the grievance with his general xxxxxxx and may be accompanied, if requested by the employee, by his Xxxxxxx. Step Step Step Step Step Step Step The aggrieved employee, or employees, shall reduce the grievance to writing and hand the written grievance to his general xxxxxxx. The general xxxxxxx is not empowered to make a decision for the Employer but will give the written grievance to his superintendent. The superintendent may make a decision or may desire to first consult his superior regarding the matter. The superintendent's decision in respect to the grievance, whether made orally or in writing, shall be rendered in writing to the aggrieved employee, or employees, and the Union within three (3) days. After receiving the superintendent's decision the Union will advise the City Administrator or his appointee within a period of three (3) working days of its dissatisfaction and its desire to lay the grievance before the City Administrator or his appointee. The City Administrator or his appointee will arrange a meeting, if it is requested, with the Grievance Committee within three (3) working days from the date cause of grievance that he received the employee and/or the Local Chairman may present the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If or at any time agreed upon between the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appealparties. The appeal shall include City or his appointee, if the Union brings a written statement grievance to him will have seven (7) working days from the date of the meeting referred to in (4) above to give his decision. If no settlement is arrived at as the result of the services of the City Administrator or his appointee within fourteen (14) clear working days, the case may be referred to arbitration within a further period of fifteen (15) clear working days. The Union will the Employer of its intention to refer the case to arbitration within twenty-one (21) days after the final step of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appealprocedure has been completed. A dispute or grievance may not be submitted at Step if the dispute or appeal grievance concerns circumstances which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar originated or occurred more than fifteen (15) working days prior to the date grievance or dispute. NOTE : It is understood that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision days" excludes Saturdays, Sundays and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreementStatutory Holidays.

ARTICLE. concerning The Employer shall require all new employees, during their first thirty (30) days of the interpretation or alleged violation probationary period, to submit to the Employer a certificate of medical fitness from a Doctor of Medicine appointed by the Employer. Failure of such fitness examination shall be sufficient to warrant them not being hired. When any position not covered by Appendix 'A' is established during the term of this agreement, the rate of pay shall be subject to negotiations between the Employer and the Union. If the parties are unable to agree on the rate of pay of the job in question, such dispute shall be submitted to arbitration. During the period the parties are unable to agree on a rate or an appeal arbitrator rules, the Employer may post the job at the rate they proposed and fill the position with the notation on the posting that the rate is under review. The Employer agrees that the Union shall have the right to post notices of meetings and such other notices as may be of interest to the employees. The Employer shall supply all tools and equipment required by an em- ployee who believes that he ha8 been unjustly disci- plined employees in the performance of their duties. The Employer shall provide the Warehouse Person, Technician and the Truck Driver, one (1) pair of approved safety boots of good quality as required. The Union and the Employer desire every employee to be familiar with the provisions of this agreement and rights and duties under it. For this reason, the Employer shall print sufficient copies of the agreement in a Union Shop within thirty (30) days of signing. The cost of such printing shall be processed in shared equally between the following manner: Within calendar days from Union and the date cause of grievance the Employer. The Employer agrees that no employee and/or the Local Chairman may present the grievance orally or in writing shall be laid off due to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt use of grievance, If volunteers or contracting out of work presently performed by members of the griev- ance is presented in writing the decision will also be given in writing. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision will be rendered in writing within calendar days of receiving the appealbargaining unit. The appeal shall include a written statement of Union and Employer agree that personal information regarding an employee acquired through the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and Employee Assistance Program shall not be subject used by an employee, the Union, or the Employer for discipline, grievances, or arbitration purposes or procedures. The Employer agrees that any employee (with one (1) day's notice) shall have the right to fur- ther appeal. Where review personnel file, in the presence of a decision is not rendered by the appropriate officer member of the railway within the pres- cribed time limitsHuman Resources Services Department, the grievance may during normal working hours. Such request shall not be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreementmade with unreasonable frequency.

ARTICLE. concerning Failing settlement under the interpretation Grievance Procedure set forth in Article of any grievance between the parties or alleged any employee's grievance arising from the interpretation, application, non-application, or violation of any provision of this agreementAgreement (as well as any question as to whether the matter is arbitrable including a grievance that an employee has been discharged without just cause or that he is not being paid within the rate range of his Level of Responsibility, or an appeal by an em- ployee who believes that he ha8 been unjustly disci- plined is classified, such a grievance may be processed to arbitration if request is so made within two (2) weeks after the final answer. Within five working days' notice of the election to each of the parties shall appoint a representative and the representatives shall select a third party who will act as In the event that the two representatives are unable t agree on the third party within seven (7) working days of their appointment, the Minister of Labour of the Province of Ontario shall have the power on the application of either party to a Chairman; however, such Chairman, in the case of grievances submitted under Section of this Agreement, shall be processed in evaluation and classification of jobs. The unanimous or majority decision of the Board of Arbitration shall, with respect to matters coming within the jurisdiction of such Board pursuant to the provisions of this Agreement, be and binding to both parties hereto. The Board of Arbitration shall have no jurisdiction to alter, change, amend, or enlarge the terms of this Agreement. Expenses which may be incurred in connection with the Chairman be borne equally by both parties to this Agreement. The Company will deduct wages from members of the Federation for time spent away from their regular work in connection with the arbitration procedure. ARTICLE io Remuneration for classifications as contained in Appendix set out in Appendix Salary Schedule. When new or changed work assignments are implemented by the Company, the employee affected, or the Federation on the behalf, may submit, within twenty (20) working days of the date implementation thereof, a grievance in writing under Sections and claiming that the work assigned to him has not been V properly classified in the following manner: Within calendar days appropriate Level of Responsibility. In submitting any such grievance, the employee or the Federation shall notify the Company in writing at the time of submission Level of Responsibility claimed and a summary of the reasons in support of the claim. In any arbitration of a grievance submitted pursuant to Section the authority of the Arbitration Board shall be limited confirming that the employee's work assigned to him has been properly classified in the appropriate Level of Responsibility that the employee's work should be assigned to him in another of Responsibility. Confirmation of the appropriate Level of Responsibility shall be made by consistent application of the Levels of Responsibility and be reference to undisputed if available. If any such grievance is sustained, compensation will be payable the appropriate rate within the salary range for the appropriate Level of Responsibility in respect of relevant paid hours from the date cause of grievance when the employee and/or commences to receive for the Local Chairman may present changed Level of Responsibility assigned to him. An employee who is transferred in accordance with Clause or Clause shall be paid as follows: If his rate is equal to or greater than the grievance orally or in writing Maximum rate for the job to which he is transferred, he be paid the Maximum rate for the job to which he is transferred. If his rate is less than the Maximum rate of job to which he is transferred, he shall be paid his rate. The performance of each employee will be reviewed annually and results made known to the immediate supervisor, who will give a decision as soon as possible but in any case within cal- endar days on receipt of grievance, If the griev- ance is presented in writing the decision will also be given in writingemployee concerned. Within calendar days of receiving the decision under Step the Local Chairman or the General Chairman may appeal the decision in writing to the Director Operations Xxxxxxxxx and Xxxxx whose decision Such performance reviews will be rendered in writing within calendar days of receiving conducted concurrent with the appealnon represented Hamilton xxxxxxxes. The appeal shall include a written statement of the grievance as it the interpretation of al- leged violation of the agreement, and identify the specific provisions involved, The written in the of an appeal against discipline imposed shall outline the union’s contention to why the discipline should be reduced Salary increases may or Within calendar days of receiving the decision under Step the General Chairman may appeal the decision in writing to the President, whose decision will be rendered in writing within calendar days of receiving the appealnot result from such performance reviews. A grievance or appeal which is not settled at the President’s level may be progressed for final settle- ment to the Canadian Railway Office of Arbitration, The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the griev- ance procedure. Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to fur- ther appeal. Where a decision is not rendered by the appropriate officer of the railway within the pres- cribed time limits, the grievance may be progressed to the next step in the grievance procedure. The time limits specified in this Article may be ex- tended by mutual agreement.ARTICLE