Common use of COMBINED COMMERCIAL AGREEMENT Clause in Contracts

COMBINED COMMERCIAL AGREEMENT. The Employer's representative on the job shall render his decision not later than two (2) working days of being presented with the grievance. The Local Union shall be entitled to submit a grievance in writing directly to the Employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance to him. The Employer or its representative shall be entitled to submit a grievance in writing directly to the Local Union. The Union shall render their decision not later than two (2) working days following the presentation of the grievance to them. Failing settlement any grievance shall be subject to arbitration in accordance with the following clauses. The grievance shall be referred to the Joint Conference Board which will be required to hear the grievance and give an answer within four (4) working days of receiving the grievance. Should the grieving party not be satisfied with the results, the procedure will be as follows. The Union and the Employer shall agree upon an arbitrator who is willing to arbitrate the grievance. Failure of the Union and the Employer to agree upon an Arbitrator within three (3) working days, the matter will be referred to the Department of Training and Employment Development for the appointment of the Arbitrator. The Arbitrator shall hold a hearing within four (4)days after the grievance is submitted to him and shall render his decision to the parties within seventy-two (72) hours after the completion of the hearing, provided that a failure to make an award within the time prescribed or as extended by the parties, shall not invalidate the proceedings or terminate the authority of the arbitrator. It is understood and agreed in the application of this article that there is no power in the participants to a settlement, to add to, subtract from, or modify the terms of this agreement. The sole function of an Arbitrator shall be to interpret the meaning of the articles of this agreement and to render a decision which shall be binding on the parties. The Arbitrator shall have no power to add to, subtract from or modify the terms of this agreement. The cost of the Arbitrator shall be borne equally by both parties (Employer Union). The times fixed by this article are mandatory but may be extended by mutual agreement in writing. If a grievance or arbitration is not processed within the time allowed, the grievance or arbitration shall be deemed to have been abandoned.

Appears in 1 contract

Samples: Combined Commercial Agreement

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COMBINED COMMERCIAL AGREEMENT. The Employer's representative on the job shall render his decision not later than two (2) working days of being presented with the grievance. The Local Union shall be entitled to submit a grievance in writing directly to the Employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance to him. The Employer or its representative shall be entitled to submit a grievance in writing directly to the Local Union. , The Union shall render their decision not later than two (2) working days following the presentation of the grievance to them. Failing settlement any grievance shall be subject to arbitration in accordance with the following clauses. The grievance shall be referred to the Joint Conference Board which will be required to hear the grievance and give an answer within four (4) working days of receiving the grievance. Should the grieving party not be satisfied with the results, the procedure will be as follows. The Union and the Employer shall agree upon an arbitrator who is willing to arbitrate the grievance. Failure of the Union and the Employer to agree upon an Arbitrator within three (3) working days, the matter will be referred to the Department of Training and Employment Development for the appointment of the Arbitrator. The Arbitrator shall hold a hearing within four (4)days 4) days after the grievance is submitted to him and shall render his decision to the parties within seventy-two (72) hours after the completion of the hearing, provided that a failure to make an award within the time prescribed or as extended by the parties, shall not invalidate the proceedings or terminate the authority of the arbitrator. It is understood and agreed in the application of this article that there is no power in the participants to a settlement, to add to, subtract from, or modify the terms of this agreement. The sole function of an Arbitrator shall be to interpret the meaning of the articles of this agreement and to render a decision which shall be binding on the parties. The Arbitrator shall have no power to add to, subtract from or modify the terms of this agreement. The cost of the Arbitrator shall be borne equally by both parties (Employer Union). The times fixed by this article are mandatory but may be extended by mutual agreement in writing. If a grievance or arbitration is not processed within the time allowed, the grievance or arbitration shall be deemed to have been abandoned.

Appears in 1 contract

Samples: Combined Commercial Agreement

COMBINED COMMERCIAL AGREEMENT. The Employer's representative on the job shall render his decision not later than two (2) working days of being presented with the grievance. The Local Union shall be entitled to submit a grievance in writing directly to the Employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance to him. The Employer or its representative shall be entitled to submit a grievance in writing directly to the Local Union. , The Union shall render their decision not later than two (2) working days following the presentation of the grievance to them. Failing settlement any grievance shall be subject to arbitration in accordance with the following clauses. The grievance shall be referred to the Joint Conference Board which will be required to hear the grievance and give an answer within four (4) working 4)working days of receiving the grievance. Should the grieving party not be satisfied with the results, the procedure will be as follows. The Union and the Employer shall agree upon an arbitrator who is willing to arbitrate the grievance. Failure of the Union and the Employer to agree upon an Arbitrator within three (3) working days, the matter will be referred to the Department of Training and Employment Development for the appointment of the Arbitrator. The Arbitrator shall hold a hearing within four (4)days after the grievance is submitted to him and shall render his decision to the parties within seventy-two (72) hours after the completion of the hearing, provided that a failure to make an award within the time prescribed or as extended by the parties, shall not invalidate the proceedings or terminate the authority of the arbitrator. It is understood and agreed in the application of this article that there is no power in the participants to a settlement, to add to, subtract from, or modify the terms of this agreement. The sole function of an Arbitrator shall be to interpret the meaning of the articles of this agreement and to render a decision which shall be binding on the parties. The Arbitrator shall have no power to add to, subtract from or modify the terms of this agreement. The cost of the Arbitrator shall be borne equally by both parties (Employer Union). The times fixed by this article are mandatory but may be extended by mutual agreement in writing. If a grievance or arbitration is not processed within the time allowed, the grievance or arbitration shall be deemed to have been abandoned.

Appears in 1 contract

Samples: Combined Commercial Agreement

COMBINED COMMERCIAL AGREEMENT. The Employer's representative Trustees shall have full authority by majority vote with equal representation on both sides to carry out the job shall render his decision not later than two (2) working days declaration of being presented with trust provided for each fund noted between the grievanceEmployers and the Union of New Brunswick Pipe Trades association and to make such rules and regulations as the trustees of the above noted funds deem necessary for the successful operation of same. The Local Union Each of the funds referred to in sections and shall be entitled governed by and administered pursuant to submit a grievance in writing directly to the Employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance to him. The Employer or its representative shall be entitled to submit a grievance in writing directly to the Local Union. The Union shall render their decision not later than two (2) working days following the presentation of the grievance to them. Failing settlement any grievance separate trust agreements which shall be subject to arbitration the approval of the Employer and the Union. Contributions whether by the Employer, or deducted from the employee, for the trust funds are for this specific purpose and will not be appropriated by the Employer to any other purpose. DELINQUENCIES Contributions received after the 15th day of the month in accordance with which contributions were to be received will be declared delinquent and an assessment of three percent (3%) on all outstanding monies will be assessed and on the following clauses16th day of every month following, the Employer will be assessed an additional three percent (3%) on all outstanding monies. The grievance Pipe Trades Administration Office shall also notify the Business Manager of the Union in the area where the Employer is engaged in his business who may also take action by removing the Employees from the job site and such action will not be referred to the Joint Conference Board which deemed a violation of this Agreement. Any Employer who is delinquent in any trust fund payment will be required compelled to hear make payments on a weekly basis. The parties to this agreement agree that recovery of any default in payment by any Employer bound by this Collective Agreement of Trust Funds, Management Funds, Administration Funds or Union Dues may be pursued in a court of law and not through the grievance and give an answer within four (4) working days arbitration provision of receiving this Agreement at the grievance. Should the grieving party not be satisfied with the results, the procedure will be as follows. The Union and the Employer shall agree upon an arbitrator who is willing to arbitrate the grievance. Failure option of the Union and the Employer to agree upon an Arbitrator within three (3) working days, the matter will be referred to the Department Board of Training and Employment Development for the appointment of the ArbitratorTrustees. The Arbitrator shall hold a hearing within four (4)days after the grievance is submitted to him and shall render his decision to the parties within seventy-two (72) hours after the completion of the hearing, provided that a failure to make an award within the time prescribed or as extended by the parties, shall not invalidate the proceedings or terminate the authority of the arbitrator. It is understood and agreed in the application of this article that there is no power in the participants to a settlement, to add to, subtract from, or modify the terms of this agreement. The sole function of an Arbitrator shall be to interpret the meaning of the articles of this agreement and to render a decision which shall be binding on the parties. The Arbitrator shall have no power to add to, subtract from or modify the terms of this agreement. The cost of the Arbitrator shall be borne equally by both parties (Employer Union). The times fixed by this article are mandatory but Such action may be extended by mutual agreement commenced ten (10) days after a default in writing. If a grievance or arbitration is not processed within the time allowed, the grievance or arbitration shall be deemed to have been abandoned.payment has occurred

Appears in 1 contract

Samples: Combined Commercial Agreement

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COMBINED COMMERCIAL AGREEMENT. The Employer's representative on the job shall render his decision parties to this agreement agree that recovery of any default in payment by any Employer bound by this Collective Agreement of Trust Funds, Management Funds, Administration Funds or Union Dues may be pursued in a court of law and not later than two (2) working days of being presented with the grievance. The Local Union shall be entitled to submit a grievance in writing directly to the Employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance to him. The Employer or its representative shall be entitled to submit a grievance in writing directly to the Local Union. The Union shall render their decision not later than two (2) working days following the presentation of the grievance to them. Failing settlement any grievance shall be subject to arbitration in accordance with the following clauses. The grievance shall be referred to the Joint Conference Board which will be required to hear through the grievance and give an answer within four arbitration provision of this Agreement at the option of the Board of Trustees. Such action may be commenced ten days after a default in payment has occurred. ARTICLE UNION DUES The remittance of Union dues by the 20th day of the month in which they were deducted and accompanied by a list of employees from whom they were deducted will be made to: Local PO Box Station A Fredericton, ARTICLE DURATION AND TERMINATION This agreement shall be in full force and effect from the day of March to and including, the day of December and shall be automatically renewed thereafter for successive periods of twelve (412) working days months, unless either party requests the negotiation of receiving a new agreement by giving written notice to the grievance. Should the grieving other party not be satisfied with the results, the procedure will be as follows. The Union less than sixty (60) calendar days and the Employer shall agree upon an arbitrator who is willing to arbitrate the grievance. Failure of the Union and the Employer to agree upon an Arbitrator within three not more than ninety (390) working days, the matter will be referred calendar days prior to the Department of Training and Employment Development for the appointment of the Arbitrator. The Arbitrator shall hold a hearing within four (4)days after the grievance is submitted to him and shall render his decision to the parties within seventy-two (72) hours after the completion of the hearing, provided that a failure to make an award within the time prescribed or as extended by the parties, shall not invalidate the proceedings or terminate the authority of the arbitrator. It is understood and agreed in the application of this article that there is no power in the participants to a settlement, to add to, subtract from, or modify the terms of this agreement. The sole function of an Arbitrator shall be to interpret the meaning of the articles expiration date of this agreement or any renewal thereof. Except where notice of desire to change, amend or terminate this agreement is given under the above clause, this agreement shall remain in force and effect until such time as an agreement has been reached with respect to render renewal, amendment or substitution thereof or until such time as the parties are authorized to declare a decision which shall strike or lock-out under the New Brunswick Industrial Relations Act or with a provision that this agreement may be binding on further extended from time to time by mutual consent by the partiesparties hereto. The Arbitrator shall have no power to add toCOMBINED COMMERCIAL AGREEMENT LOCAL APPENDIX COMBINED COMMERCIAL AGREEMENT LOCAL SIGNING PAGE Signed this day of March in Fredericton, subtract from or modify the terms On behalf of this agreement. The cost Local _- On behalf of the Arbitrator Mechanical Contractors Association of COMBINED COMMERCIAL AGREEMENT LOCAL APPENDIX COMBINED COMMERCIAL AGREEMENT LOCAL APPENDIX ARTICLE DEFINITIONS "General Xxxxxxx", shall be borne equally by both parties (Employer Union). The times fixed by this article are mandatory but may be extended by mutual agreement mean an Employee having three or more Foremen under his direction, "Industrial Maintenance", means all plumbing and pipefitting work required in writing. If or performed as part of the repair, service and maintenance of Industrial Developments, other than that of a grievance or arbitration is not processed within the time allowedkind normally required in service and maintenance of Domestic, the grievance or arbitration shall be deemed to have been abandonedInstitutional and Commercial Buildings.

Appears in 1 contract

Samples: Combined Commercial Agreement

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