Common use of Cases Clause in Contracts

Cases. The Union acknowledges that probationary employees be dismissed for reasons less serious than would justify the dismissal of an employee on the seniority list, including performance deemed inadequate by man- agement or inability to get along with employees or supervisors, and will not question the dismissal of any employee within fifty (50) work- ing days worked from the date on which the first commenced to work for the employer. The Company shall not discipline or discharge probationary employees for that violate the Ontario Rights Code. If the Union concludes that the Company has engaged in such conduct with re- spect to a probationary employee, it file a grievance on behalf and pursue it through the grievance and arbitration provisions of the Agree- ment. A claim by an employee who successfully completed a probationary pe- riod that has been unjustly discharged employment shall be treated as a grievance if a written statement of such grievance is lodged with the General Manager of the Hotel within five (5) working days after the Employee ceases to work for the Employer. All preliminary steps of the grievance procedure prior to Step Number will be omitted in such cases. Such special grievances may be settled by the Management’s action in dismissing the permanent employee, or by reinstating the with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties. When an employee has been dismissed, or if dismissal and resignation have been discussed, the will the employee of right to interview a shop xxxxxxx for a period of time before leaving premises. No employee shall be disciplined or day off. Article Arbitration of Grievances When either party requests that a grievance be submitted to arbitration they shall make such request in writing to the other party in this Agree- ment and, at the time nominate an arbitrator. Within (5) five days thereafter the other party shall nominate an arbitrator. The two arbitrators so nominated shall immediately and, if within two (2) working days they fail to settle the grievance, they shall attempt to select by agreement a Chairman of an Arbitration Board. If they are to agree upon such Chairman within a further period of twenty-four (24) hours, they may then request the Minister of Labour for the Province of Ontario to assist in selecting an impartial Chairman, within a thirty day period. No person be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto will bear the expenses of the arbitrator by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. The Arbitration Board shall not be authorized to make decision incon- sistent with provisions of this Agreement, to alter, or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly through all previous steps of the Grievance Procedure. The proceedings of the Arbitration Board will be by parties hereto, and the decision of the majority of such board will be final upon the parties hereto. If a majority decision is possible, then within ten (10) day period the decision in writing of the Chairman shall be final and binding upon the parties hereto. At stage of the Grievance Procedure including Arbitration, confer- ring parties have the assistance of the Employee or and any necessary and all reasonable arrangements will be to permit the conferring parties to fully investigate all the cir- cumstances. The time limits as in Article and are understood to be week only. Saturday, and Statutory holidays are not included in the calculation of the time limits. Article Bulletin Boards The Employer will maintain the Union bulletin in their current lo- cations, for convenience of the Union for posting notices of Union be activity. All such notices by the proper officer of the Local Union, and submitted to the Manager for be- fore being posted. It is recognized by the parties that from time to time the Union have notices which they wish to address to one specific department of the Hotel, should a bulletin board be available in said department and the notices are in the form of only. Under these then the Union will present to the Personnel Manager said notices approval and the Personnel Manager will post the notice. Removal date of said notices to be agreed upon at the time of approval by the Personnel Manager.

Cases. The Union acknowledges that a) New employees hired shall be considered probationary employees be dismissed for reasons less serious than would justify the dismissal until they have completed a period of an employee on the seniority list, including performance deemed inadequate by man- agement or inability to get along with employees or supervisors, and will not question the dismissal of any employee within fifty (50) work- ing days worked or four hundred (400) hours, whichever occurs first, after which time their seniority shall date back to the day of original hiring. It is agreed that probationary employees may be discharged at the sole lawful discretion of the Company for any lawful reason satisfactory to the Company and that such action is not subject to the Grievance and Arbitration Procedures and does not constitute a difference between the parties. If it is alleged that the Company exercised its discretion unlawfully or that a probationary employee has been dismissed for an unlawful reason, the grievance shall specify what is being alleged, shall include particulars of the alleged unlawful exercise of discretion or alleged unlawful reasons and shall specify any provisions of this Agreement and statutory provisions that are alleged to have been violated by the Company. When an employee is laid off during their probationary period and is recalled within thirteen weeks, the days worked for purposes of the probationary period shall continue from the date on which the first commenced to work for the employerof original hire. The Company shall not discipline or discharge probationary employees for that violate the Ontario Rights Code. If the Union concludes that the Company has engaged in such conduct with re- spect to a probationary employeeRecalls, it file a grievance on behalf and pursue it through the grievance and arbitration provisions of the Agree- mentafter thirteen (I 3) weeks will be treated as new hires. A claim by an employee any employee, who successfully has completed a probationary pe- riod period, that he has been unjustly discharged from employment shall be treated as a grievance if a written statement of such grievance is lodged with the General Resources Manager of the Hotel within five (5) working days after the Employee employee ceases to work for the EmployerCompany. All preliminary steps of the grievance procedure prior to Step Number will be omitted in such cases. Such special grievances may be settled by confirming the Managementmanagement’s action in dismissing discharging the permanent employee, employee or by reinstating the employee with full compensation for lost time lost or by any other arrangement which is just and equitable in the opinion of the conferring parties. When an employee has been dismissedFor greater clarity, or if dismissal and resignation have been discussedwithout limiting other grounds for just cause, the will the employee of right to interview a shop xxxxxxx for a period of time before leaving premises. No employee shall be disciplined or day off. Article Arbitration of Grievances When either party requests that a grievance be submitted to arbitration they shall make such request in writing to the other party in this Agree- ment and, at the time nominate an arbitrator. Within (5) five days thereafter the other party shall nominate an arbitrator. The two arbitrators so nominated shall immediately and, if within two (2) working days they fail to settle the grievance, they shall attempt to select by agreement a Chairman of an Arbitration Board. If they are to agree upon such Chairman within a further period of twenty-four (24) hours, they may then request the Minister of Labour for the Province of Ontario to assist in selecting an impartial Chairman, within a thirty day period. No person be appointed as an arbitrator who has been involved in under this agreement shall always determine that an attempt to negotiate or settle the grievance. Each of the parties hereto will bear the expenses of employee’s discharge is just and equitable where the arbitrator by it, and is satisfied the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. The Arbitration Board shall not be authorized to make decision incon- sistent with provisions of this Agreement, to alter, or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly through all previous steps of the Grievance Procedure. The proceedings of the Arbitration Board will be by parties hereto, and the decision of the majority of such board will be final upon the parties hereto. If a majority decision is possible, then within ten (10) day period the decision in writing of the Chairman shall be final and binding upon the parties hereto. At stage of the Grievance Procedure including Arbitration, confer- ring parties have the assistance of the Employee or and any necessary and all reasonable arrangements will be to permit the conferring parties to fully investigate all the cir- cumstances. The time limits as in Article and are understood to be week only. Saturday, and Statutory holidays are not included in the calculation of the time limits. Article Bulletin Boards The Employer will maintain the Union bulletin in their current lo- cations, for convenience of the Union for posting notices of Union be activity. All such notices by the proper officer of the Local Union, and submitted to the Manager for be- fore being posted. It is recognized by the parties that from time to time the Union have notices which they wish to address to one specific department of the Hotel, should a bulletin board be available in said department and the notices are in the form of only. Under these then the Union will present to the Personnel Manager said notices approval and the Personnel Manager will post the notice. Removal date of said notices to be agreed upon at the time of approval by the Personnel Manager.employee:

Cases. The Union acknowledges that probationary employees be dismissed for reasons less serious than would justify In the dismissal event of an employee on who has attain- ed seniority being discharged from employmentand the seniority listemployee feeling that an injustice has been done, including performance deemed inadequate by man- agement or inability to get along with employees or supervisors, the cause may be taken up as a grievance. All such cases shall be taken up within three working days and will not question the dismissal disposed of any employee within fifty (50) seven work- ing days worked from of the date on which the first commenced employee is notified of discharge, except where a case is taken to work for the employer. The Company shall not discipline or discharge probationary employees for that violate the Ontario Rights Code. If the Union concludes that the Company has engaged in such conduct with re- spect to a probationary employee, it file a grievance on behalf and pursue it through the grievance and arbitration provisions of the Agree- mentarbitra- tion. A claim by an employee who successfully completed a probationary pe- riod has attained seniority that has been unjustly discharged from employment shall be treated as a grievance if a written statement of such grievance is lodged with the General Personnel Manager of the Hotel within five (5) three working days after the Employee employee ceases to work for the EmployerCompany. All preliminary steps of the grievance procedure prior to Step Number No. will be omitted in such cases. Such special grievances grievance may be settled by con- firming the Management’s action in dismissing the permanent employee, employee or by reinstating the employee in former position with full compensation for time lost lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties. When an employee has been dismisseddismissed without notice, or if dismissal and resignation shall have been discussed, the will the employee of right to interview inter- view xxxxxxx and/or a shop xxxxxxx member of the Union Grievance Committee for a reasonable period of time before leaving the plant premises. No The employee mentioned above shall be disciplined escorted out of the plant by xxxxxxx and personnel manager, or day offanother management person. Article Arbitration ARTICLE NO STRIKES NO LOCKOUTS In view of Grievances When either party requests that a grievance be submitted to arbitration they shall make such request in writing to the other party in orderly procedure established by this Agree- ment and, at the time nominate an arbitrator. Within (5) five days thereafter the other party shall nominate an arbitrator. The two arbitrators so nominated shall immediately and, if within two (2) working days they fail to settle the grievance, they shall attempt to select by agreement a Chairman of an Arbitration Board. If they are to agree upon such Chairman within a further period of twenty-four (24) hours, they may then request the Minister of Labour for the Province settling of Ontario to assist in selecting an impartial Chairmandisputes and the handling of grievances, within a thirty day period. No person the Union agrees that, dur- ing the lifetime of this agreement, there will be appointed as an arbitrator who has been involved in an attempt to negotiate no strike, slowdown or settle the grievance. Each stoppage of the parties hereto will bear the expenses of the arbitrator by itwork, either com- plete or partial, and the parties Company agrees that there will jointly bear be no lock-out. The Company shall have the expenses right to discharge or otherwise discipline employees who take part in or instigate any strike, stoppage or slowdown, but a claim of discharge or treat- ment may be the subject of a grievance and dealt with as provided in Article above. Should the Union claim a cessation of work constitutes a lockout, it may take the matter up with the Company as provided in Step No. of Article The Union further agrees that it will not in- volve any employee of the Chairman Company, or the Com- pany itself, in any dispute which may arise between any other employer and the employees of such other employer. In the Arbitration Boardevent of any such strikes, if any. The Arbitration Board slowdown or stoppage of work, either complete or partial, the Union shall not be authorized to make decision incon- sistent with provisions of this Agreement, to alter, or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly through all previous steps of held responsible if it officially repudiates such action forthwith upon request by the Grievance Procedure. The proceedings of the Arbitration Board will be by parties hereto, and the decision of the majority of such board will be final upon the parties hereto. If a majority decision is possible, then within ten (10) day period the decision Company in writing of the Chairman shall be final such repudiation and binding upon the parties hereto. At stage of the Grievance Procedure including Arbitrationdoes not, confer- ring parties have the assistance of the Employee in any way, instigate or and support any necessary and all reasonable arrangements will be to permit the conferring parties to fully investigate all the cir- cumstances. The time limits as in Article and are understood to be week only. Saturday, and Statutory holidays are not included in the calculation of the time limits. Article Bulletin Boards The Employer will maintain the Union bulletin in their current lo- cations, for convenience of the Union for posting notices of Union be activity. All such notices by the proper officer of the Local Union, and submitted to the Manager for be- fore being posted. It is recognized by the parties that from time to time the Union have notices which they wish to address to one specific department of the Hotel, should a bulletin board be available in said department and the notices are in the form of only. Under these then the Union will present to the Personnel Manager said notices approval and the Personnel Manager will post the notice. Removal date of said notices to be agreed upon at the time of approval by the Personnel Manageraction.

Cases. The Union acknowledges that probationary employees be dismissed for reasons less serious than would justify In the dismissal event of an employee on who has attained seniority being discharged from employment and the seniority listemployee feeling that an injustice has been done, including performance deemed inadequate by man- agement or inability to get along with employees or supervisors, the cause may be taken up as a grievance. All such cases shall be taken up within three (3) working days and will not question the dismissal disposed of any employee within fifty seven (507) work- ing working days worked from of the date on which the first commenced employee is notified of discharge, except where a case is taken to work for the employer. The Company shall not discipline or discharge probationary employees for that violate the Ontario Rights Code. If the Union concludes that the Company has engaged in such conduct with re- spect to a probationary employee, it file a grievance on behalf and pursue it through the grievance and arbitration provisions of the Agree- mentarbitration. A claim by an employee who successfully completed a probationary pe- riod has attained seniority that has been unjustly discharged from employment shall be treated as a grievance if a written statement of such grievance is lodged with the General Manager Senior Company Official in charge of the Hotel Human Resources within five three (53) working days after the Employee employee ceases to work for the Employercompany. All preliminary steps of the grievance procedure prior to Step Number No. will be omitted in such cases. Such special grievances grievance may be settled by confirming the Management’s 's action in dismissing the permanent employee, employee or by reinstating the employee in former position with full compensation for time lost lost, or by any other arrangement arrangement, which is just and equitable in the opinion of the conferring parties. When an employee has been dismisseddismissed without notice, or if dismissal and resignation shall have been discussed, the will the employee of right to interview Xxxxxxx and/or a shop xxxxxxx member of the Union Committee for a reasonable period of time before leaving the plant premises. No The employee mentioned above shall be disciplined or day offescorted out of the plant by Xxxxxxx and a Management Representative. Article Arbitration ARTICLE NO STRIKES NO LOCKOUTS In view of Grievances When either party requests that a grievance be submitted to arbitration they shall make such request in writing to the other party in orderly procedure established by this Agree- ment and, at the time nominate an arbitrator. Within (5) five days thereafter the other party shall nominate an arbitrator. The two arbitrators so nominated shall immediately and, if within two (2) working days they fail to settle the grievance, they shall attempt to select by agreement a Chairman of an Arbitration Board. If they are to agree upon such Chairman within a further period of twenty-four (24) hours, they may then request the Minister of Labour for the Province settling of Ontario to assist in selecting an impartial Chairmandisputes and the handling of grievances, within a thirty day period. No person the Union agrees that, during the lifetime of this agreement, there will be appointed as an arbitrator who has been involved in an attempt to negotiate no strike, slowdown or settle the grievance. Each stoppage of the parties hereto will bear the expenses of the arbitrator by itwork, either complete or partial, and the parties Company agrees that there be no lockout. The Company shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, stoppage or slowdown, but a claim of unjust discharge or treatment may be the subject of a grievance and dealt with as provided in Article above. Should the Union a cessation of work constitutes a lockout, it may take the matter up with the Company as provided in Step No. of Article The Union further agrees that it will jointly bear the expenses not involve any employee of the Chairman Company, or the Company itself, in any dispute, which may arise between any other employer and the employees of such other employer. In the Arbitration Boardevent of any such strikes, if any. The Arbitration Board slowdown or stoppage of work, either complete or partial, the Union shall not be authorized to make decision incon- sistent with provisions of this Agreement, to alter, or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly through all previous steps of held responsible if it officially repudiates such action forthwith upon request by the Grievance Procedure. The proceedings of the Arbitration Board will be by parties hereto, and the decision of the majority of such board will be final upon the parties hereto. If a majority decision is possible, then within ten (10) day period the decision Company in writing of the Chairman shall be final such repudiation and binding upon the parties hereto. At stage of the Grievance Procedure including Arbitrationdoes not, confer- ring parties have the assistance of the Employee in any way, instigate or and support any necessary and all reasonable arrangements will be to permit the conferring parties to fully investigate all the cir- cumstances. The time limits as in Article and are understood to be week only. Saturday, and Statutory holidays are not included in the calculation of the time limits. Article Bulletin Boards The Employer will maintain the Union bulletin in their current lo- cations, for convenience of the Union for posting notices of Union be activity. All such notices by the proper officer of the Local Union, and submitted to the Manager for be- fore being posted. It is recognized by the parties that from time to time the Union have notices which they wish to address to one specific department of the Hotel, should a bulletin board be available in said department and the notices are in the form of only. Under these then the Union will present to the Personnel Manager said notices approval and the Personnel Manager will post the notice. Removal date of said notices to be agreed upon at the time of approval by the Personnel Manageraction.