COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below shall apply. 9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc. 9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance. Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution. Step 2 - If the grievance is not settled within five (5) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays. Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association. Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act. 9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld. 9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating 6.01 Complaints shall be directed to the interpretationDivisional Chief or equivalent rank officer, application in writing, stating only one complaint per submission. If no violation of the Agreement is involved, the complaint may be dealt with under Section 5.03. The employee shall take up the complaint within eight (8) days of the event on which the complaint is based. The Divisional Chief concerned shall, if requested by the employee, arrange for the presence of a Committeeman. The officer will give his/her decision orally, in the presence of the Committeeman if desired, within four (4) days, excluding days off, of the lodging of the complaint. An answer will be given in writing to the employee upon his/her request.
6.02 Grievances may be investigated and negotiated during working hours, but shall be suspended immediately upon an alarm. It is understood that a Committeeman will not leave his/her work without obtaining permission from the officer in charge, and the time so used shall not be unreasonable.
6.03 No employee or administration group of employees shall lodge a grievance or be permitted to communicate a grievance to any public information media, save as expressly provided herein.
6.04 For purposes of this Agreement, including a grievance shall be defined as any questions difference arising from the interpretation, application, administration, or alleged violation of any of the provisions of this Agreement, and the question as to whether a matter difference is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, properly a grievance may itself be carried through the grievance procedure set forth below as part of the grievance and be determined by arbitration. Such determination shall applybe made by the Arbitrator before proceeding with the matter on its merits, and should the Arbitrator decide the matter does not involve the interpretation, application, administration, or violation of the Agreement, the Arbitrator shall not proceed further and the decision shall stand.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 6.05 Stage 1 - An employee having a grievance will take shall, within four (4) days of the answer under Section 6.01 submit his/her signed grievance, including a copy of the complaint and any responses, in writing to the Fire Chief. The grievance shall specify the facts and list the number of the Article and Section of the Agreement it claims to be violated or relied upon and the remedy sought, and the answer shall specify the facts, the reasons upon which the decision is based and any supporting documentation. Within four (4) days of his/her receipt of the grievance, the Fire Chief shall discuss the matter up through their Association representativewith the employee, accompanied by a member of the Grievance Committee, if desired by the employee, and he/she shall render his/her decision in writing within four (4) days of the meeting. The President Fire Chief may, at his/her discretion, have a representative of the Human Resources Division attend at this meeting.
6.06 Stage 2 – If not then settled, the Grievance Committee may, within four (4) days, submit the grievance, in writing, to the Chief Administrative Officer/designate who together with the Fire Chief or his designate (if mutually agreed upon), the Director of Corporate Support Services/designate and a Representative of the Human Resources Division, or such of them as he/she may deem advisable, shall meet the Grievance Committee to discuss the grievance within eight (8) days of receipt of the written grievance. The decision of the Chief Administrative Officer/designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled be given in writing within five (5) working daysdays of the meeting.
(a) Stage 3 - If the decision of the Chief Administrative Officer is unsatisfactory to the Association, the Association may, within seven (7) days of the decision, request arbitration as provided in The Fire Protection and Prevention Act. The Arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.
(b) Before the grievance proceeds to arbitration, the Chief Administrative Officer shall submit the written grievance to the General Committee of City Council, for its information. Similarly, the Association shall submit the matter in writing grievance to the Fire Chief or designate within five (5) working days a general membership meeting of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve 6.08 In the event that a grievance is reached at Step 3of such a nature that it is a question of general application, or in the matter event that the Corporation has a grievance against the Association, it shall be submitted taken up by the Association or the Corporation, as the case may be, starting at Stage 2.
6.09 At each stage of the procedure, each party shall notify the other of the persons it plans to have in attendance.
6.10 At any stage of the procedure, including arbitration. Notice , either party shall have the privilege of supplementing the written grievance by oral statement, and either party may have the assistance of the employee concerned and any necessary witnesses, and all reasonable arrangements shall be given within 5 business days. made to permit the conferring parties to have access to the department to view disputed operations and confer with the necessary witnesses.
6.11 The parties agree that, for the purposes of this collective agreement agreement, the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled entitled, however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. e.g.: objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined deemed to be a joint appointment in accordance with Section 53(353 (3) of the Fire Protection and Prevention Act.
9.04 Extensions 6.12 If any grievance is not submitted or advanced to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps next stage of the grievance procedure within the time limits provided, it shall be confined deemed to be abandoned. The time limits may be extended by mutual agreement.
6.13 In this Article 6, the grievance time limits shall exclude Saturdays, Sundays, and redress sought as set forth in the written grievance initially filed as providedstatutory and declared holidays.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where 12.01 For purpose of this Agreement, a grievance is defined as a difference arises arising between the parties relating to the interpretation, application application, administration or administration alleged violation of this Agreement, the Agreement including any questions question as to whether a matter is arbitrable, or where an allegation .
12.02 It is made the mutual desire of the parties hereto that this Agreement has been violated or whenever complaints of employees shall be adjusted as quickly as possible. It is understood that an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that no grievance until he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as first given his/her immediate supervisor the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee opportunity of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Associationresolving his/her complaint. The Employer employee may be accompanied by a Union Departmental Shop Xxxxxxx if he/she so chooses. If an employee has a complaint, he/she shall recognize and deal discuss it with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where his/her immediate supervisor within seven (7) days after the circumstances giving rise to it the complaint have occurred or originated more than ten ought to have reasonably come to the attention of the employee. The supervisor shall give his/her response in the complaint within three (103) full working days before and, failing settlement, or failing a response, it may then be taken up as a grievance within seven (7) days following advice of the submission immediate supervisor’s decision in the following manner and sequence:
Step #1 The employee and/or his/her Departmental Shop Xxxxxxx may present his/her grievance to his/her department head and/or designate. The grievance shall be in writing on a grievance form and shall include the nature of the grievance.
Step 1 - An employee having a grievance will take , the matter up through their Association representativeremedy sought and the provisions of the Agreement, which are alleged to have been violated. The President or employee and/or Departmental Shop Xxxxxxx and the department head and/or designate will have such discussion as is necessary to explain the nature of the grievance. Failing settlement, the department head and/or designate shall contact Fire Management to seek a resolution.
Step 2 - If deliver his/her decision in writing and the grievance is not settled reasons thereof within five (5) working daysdays following the presentation of the grievance to him/her. Failing settlement:
Step #2 Within seven (7) days after the decision in Step #1, the Association shall Union may submit the matter grievance in writing to the Fire Director, Human Resources, or his/her designate. A meeting will then be held between the Director, Human Resources or designate, Department head or designate, and Union Departmental Shop Xxxxxxx or designate, Chief Shop Xxxxxxx and the grievor, or any other person reasonably required to fully discuss the grievance, if either party requests. Such meeting shall be held within fourteen (14) days of submission of the grievance at Step #2 unless extended by written agreement of the parties. It is understood and agreed that a staff representative of the Union may be present at such meeting at the request of either party and that the Employer may also have such counsel and assistance as it may desire. The decision of the Director, Human Resources, or his/her designate shall be delivered in writing within five (5) working days following the date of receiving the reply from Step 1such meeting or such longer period as may be mutually agreed upon. The Fire Chief or designate shall render the written decision Employer also agrees to forward all grievance responses to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidaysUnion Office.
Step 3 - If 12.03 Should the reply of Employer fail to respond in a timely manner in Article 12.01 and 12.02, the Fire Chief is not acceptable Union may refer the grievance to the Association the grievance may be referred to the Chief Administrative Officer (CAO) next step or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Associationarbitration.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating 6.01 Complaints shall be directed to the interpretationPlatoon Chief or equivalent rank officer, application in writing, stating only one complaint per submission. If no violation of the Agreement is involved, the complaint may be dealt with under Section 5.03. The employee shall take up the complaint within eight (8) days of the event on which the complaint is based. The officer concerned shall, if requested by the employee, arrange for the presence of a Committeeman. The officer will give his/her decision orally, in the presence of the Committeeman if desired, within four (4) days, excluding days off, of the lodging of the complaint. An answer will be given in writing to the employee upon his/her request.
6.02 Grievances may be investigated and negotiated during working hours, but shall be suspended immediately upon an alarm. It is understood that a Committeeman will not leave his/her work without obtaining permission from the officer in charge, and the time so used shall not be unreasonable.
6.03 No employee or administration group of employees shall lodge a grievance or be permitted to communicate a grievance to any public information media, save as expressly provided herein.
6.04 For purposes of this Agreement, including a grievance shall be defined as any questions difference arising from the interpretation, application, administration, or alleged violation of any of the provisions of this Agreement, and the question as to whether a matter difference is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, properly a grievance may itself be carried through the grievance procedure set forth below as part of the grievance and be determined by arbitration. Such determination shall applybe made by the Arbitrator before proceeding with the matter on its merits, and should the Arbitrator decide the matter does not involve the interpretation, application, administration, or violation of the Agreement, the Arbitrator shall not proceed further and the decision shall stand.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 6.05 Stage 1 - An employee having a grievance will take shall, within four (4) days of the matter up through their Association representative. The President or designate shall contact Fire Management to seek answer under Section 6.01 submit his/her signed grievance, including a resolution.
Step 2 - If copy of the grievance is not settled within five (5) working dayscomplaint and any responses, the Association shall submit the matter in writing to the Fire Chief Chief. The grievance shall specify the facts and list the number of the Article and Section of the Agreement it claims to be violated or designate within five relied upon and the remedy sought, and the answer shall specify the facts and the reasons upon which the decision is based. Within four (54) working days of receiving his/her receipt of the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of , the Fire Chief is not acceptable to shall discuss the Association matter with the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days employee, accompanied by a member of the written decision of the Fire Chief. The CAO or the Director of Human ResourcesGrievance Committee, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment if desired by the Minister of Labour or his or employee, and he/she shall render his/her designate will be determined to be a joint appointment decision in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.writing within four
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE.
9.01 Where For the purposes of this agreement, a grievance is defined as a difference arises arising between the parties Parties relating to the interpretation, application application, administration or administration alleged violation of this Agreement, the collective agreement including any questions question as to whether a matter is arbitrable. All grievances must be in writing, on an approved form (except Step 1) and dealt with in the following manner;
STEP 1 The Employee involved shall within seven (7) calendar days of the date of the incident giving rise to the complaint or where the date that the incident should have reasonably have been known to the employee, discuss the complaint with their Team Leader. The employee may bring a union xxxxxxx. The Team Leader shall give an allegation answer by email to the Employee within seven (7) calendar days following the date of the meeting.
STEP 2 If the Employee is made not satisfied with the Team Leader’s answer to the complaint, the complaint must be stated in writing on the approved grievance form and submitted to the Manager within seven (7) calendar days after the Team Leader gives an answer at Step 1. All Grievances shall be in writing and on the approved grievance form and must be signed by the Employee (or their designate/Officer of the Union) and the Union. All Grievances shall contain the Article of the Collective Agreement, legislation or policies that this Agreement apply to members of the bargaining unit alleged to have been violated, the nature of the grievance and the remedy requested. The Grievance Form shall be presented to the Manager by the Union. The Manager will meet within seven (7) calendar days after receipt, with the Employee (and/or their designate/Officer of the Union), Union and other representatives of the Corporation who the Manager deems necessary, and shall have a further seven (7) calendar days to answer the grievance in writing. If the Union is satisfied with the response, the Union will also advise in writing that the grievance has been violated or whenever an employee who has completed withdrawn within seven (7) calendar days. If the required probationary period and has been accepted by Union is not satisfied with the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievanceManager’s written response given at STEP 2, the Union must within seven (7) calendar days following the date at which the Manager’s written response was issued, indicate in writing that the grievance procedure set forth below is proceeding to STEP 3.
STEP 3 Within seven (7) calendar days of the notification, the Director of Works Operations & Maintenance or their designate will arrange a meeting with the CUPE National Representative or their designate. Other representatives of the Corporation may also attend this meeting. The Employee concerned will attend the meeting if their attendance is requested in advance by either Party. The Director shall applyhave seven (7) calendar days following the Step 3 meeting, to give a response to the grievance in writing.
9.02 The Association shall name, appoint or otherwise select If a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five (5) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days satisfaction of receiving either party to this Agreement by the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resourcesprocedure outlined above, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); then either party may within seven (7) calendar days, refer a the grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to contained in Article 14.
9.03 If the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party Union is entitled however, to raise any objection, satisfied with the arbitrator with respect to whether response, the provisions of Section 49 have Union will also advise in writing that the grievance has been properly utilized in respect of any specific grievance withdrawn within seven (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(37) of the Fire Protection and Prevention Actcalendar days.
9.04 Extensions to Any of the time limits allowances provided in 9.03 this Article may not be unreasonably withheldextended by mutual agreement.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating 6.01 Complaints shall be directed to the interpretationDivisional Chief or equivalent rank officer, application in writing, stating only one complaint per submission. If no violation of the Agreement is involved, the complaint may be dealt with under Section 5.03. The employee shall take up the complaint within eight (8) days of the event on which the complaint is based. The Divisional Chief concerned shall, if requested by the employee, arrange for the presence of a Committeeman. The officer will give his/her decision orally, in the presence of the Committeeman if desired, within four (4) days, excluding days off, of the lodging of the complaint. An answer will be given in writing to the employee upon his/her request.
6.02 Grievances may be investigated and negotiated during working hours, but shall be suspended immediately upon an alarm. It is understood that a Committeeman will not leave his/her work without obtaining permission from the officer in charge, and the time so used shall not be unreasonable.
6.03 No employee or administration group of employees shall lodge a grievance or be permitted to communicate a grievance to any public information media, save as expressly provided herein.
6.04 For purposes of this Agreement, including a grievance shall be defined as any questions difference arising from the interpretation, application, administration, or alleged violation of any of the provisions of this Agreement, and the question as to whether a matter difference is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, properly a grievance may itself be carried through the grievance procedure set forth below as part of the grievance and be determined by arbitration. Such determination shall applybe made by the Arbitrator before proceeding with the matter on its merits, and should the Arbitrator decide the matter does not involve the interpretation, application, administration, or violation of the Agreement, the Arbitrator shall not proceed further and the decision shall stand.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 6.05 Stage 1 - An employee having a grievance will take shall, within four (4) days of the answer under Section 6.01 submit his/her signed grievance, including a copy of the complaint and any responses, in writing to the Fire Chief. The grievance shall specify the facts and list the number of the Article and Section of the Agreement it claims to be violated or relied upon and the remedy sought, and the answer shall specify the facts, the reasons upon which the decision is based and any supporting documentation. Within four (4) days of his/her receipt of the grievance, the Fire Chief shall discuss the matter up through their Association representativewith the employee, accompanied by a member of the Grievance Committee, if desired by the employee, and he/she shall render his/her decision in writing within four (4) days of the meeting. The President Fire Chief may, at his/her discretion, have a representative of the Human Resources Division attend at this meeting.
6.06 Stage 2 – If not then settled, the Grievance Committee may, within four (4) days, submit the grievance, in writing, to the Chief Administrative Officer/designate who together with the Fire Chief or his designate (if mutually agreed upon), the Director of Corporate Support Services/designate and a Representative of the Human Resources Division, or such of them as he/she may deem advisable, shall meet the Grievance Committee to discuss the grievance within eight (8) days of receipt of the written grievance. The decision of the Chief Administrative Officer/designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled be given in writing within five (5) working daysdays of the meeting.
(a) Stage 3 - If the decision of the Chief Administrative Officer is unsatisfactory to the Association, the Association may, within seven (7) days of the decision, request arbitration as provided in The Fire Protection and Prevention Act. The Arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.
(b) Before the grievance proceeds to arbitration, the Chief Administrative Officer shall submit the written grievance to the General Committee of City Council, for its information. Similarly, the Association shall submit the matter in writing grievance to the Fire Chief or designate within five (5) working days a general membership meeting of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve 6.08 In the event that a grievance is reached at Step 3of such a nature that it is a question of general application, or in the matter event that the Corporation has a grievance against the Association, it shall be submitted taken up by the Association or the Corporation, as the case may be, starting at Stage 2.
6.09 At each stage of the procedure, each party shall notify the other of the persons it plans to have in attendance.
6.10 At any stage of the procedure, including arbitration. Notice , either party shall have the privilege of supplementing the written grievance by oral statement, and either party may have the assistance of the employee concerned and any necessary witnesses, and all reasonable arrangements shall be given within 5 business days. made to permit the conferring parties to have access to the department to view disputed operations and confer with the necessary witnesses.
6.11 The parties agree that, for the purposes of this collective agreement agreement, the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.Section
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where Definition For the purposes of this Agreement, a grievance is defined as a difference arises arising between the parties Parties relating to the interpretation, application application, administration, or administration alleged violation of this the Agreement, including any questions as to whether a matter is arbitrable.
6:01 It is the mutual desire of the Employer and the Union that complaints and grievances be adjusted as quickly as possible. Either Party may request time extension, or where an allegation verified in writing, and both Parties agree to give full consideration to compliance with such requests.
6:02 It is made understood that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that no grievance until he/she has been disciplined or discharged without reasonable causefirst given his/her Immediate Supervisor an opportunity to adjust his/her complaint. If an employee has a complaint, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below he/she shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three discuss it with his/her Immediate Supervisor within fifteen (315) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where calendar days after the circumstances giving rise to it occurred the complaint have originated or originated more than occurred. Any employee is entitled, upon request, to have a Union Xxxxxxx present when discussing the complaint with the Immediate Supervisor. Failing settlement of a complaint by the Immediate Supervisor within ten (10) full working days before the submission of the grievance.
Step 1 - An employee having calendar days, it may be taken up as a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five ten (510) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working calendar days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If following the reply of the Fire Chief is not acceptable to Immediate Supervisor in the Association following manner and sequence:
6:03 Step No. 1 Step No. 3
6:04 Failing a settlement under Step No. 3 of the grievance, such grievance may be referred taken to arbitration as hereinafter provided and if no written request for arbitration is received within fifteen (15) calendar days after the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chiefin step No. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid3 is given, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter grievance shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly abandoned.
6:05 All agreements reached under the Grievance Procedure between the representatives of the Employer, the Union and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a employees originating the grievance to expedited arbitration in accordance with and the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3representative(s) of the Fire Protection Union, will be final and Prevention Actbinding upon the Parties hereto and the employees to which this Agreement applies.
9.04 Extensions 6:06 Where two or more employees have grievances of a similar nature and each employee would be entitled to grieve separately, all such employees shall sign the grievance form and submit the grievance at Step No. 2 within fourteen (14) calendar days of the event giving rise to the time limits in 9.03 may not be unreasonably withheld.
9.05 grievances. The employee in all steps of the grievance procedure grievances shall be confined processed as one grievance subject to all applicable provisions under the grievance and redress sought as set forth in the written grievance initially filed as providedGrievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where Definition For the purposes of this Agreement, a grievance is defined as a difference arises arising between the parties Parties relating to the interpretation, application application, administration, or administration alleged violation of this the Agreement, including any questions as to whether a matter is arbitrable.
6:01 It is the mutual desire of the Employer and the Union that complaints and grievances be adjusted as quickly as possible. Either Party may request time extension, or where an allegation verified in writing, and both Parties agree to give full consideration to compliance with such requests.
6:02 It is made understood that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that no grievance until he/she has been disciplined or discharged without reasonable causefirst given his/her Immediate Supervisor an opportunity to adjust his/her complaint. If an employee has a complaint, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below he/she shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three discuss it with his/her Immediate Supervisor within fifteen (315) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where calendar days after the circumstances giving rise to it occurred the complaint have originated or originated more than occurred. Any employee is entitled, upon request, to have a Union Xxxxxxx present when discussing the complaint with the Immediate Supervisor. Failing settlement of a complaint by the Immediate Supervisor within ten (10) full working days before the submission of the grievance.
Step 1 - An employee having calendar days, it may be taken up as a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five ten (510) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working calendar days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If following the reply of the Fire Chief is not acceptable to Immediate Supervisor in the Association following manner and sequence:
6:03 Step No. 1 Step No. 2 Step No. 3
6:04 Failing a settlement under Step No. 3 of the grievance, such grievance may be referred taken to arbitration as hereinafter provided and if no written request for arbitration is received within fifteen (15) calendar days after the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chiefin step No. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid3 is given, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter grievance shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly abandoned.
6:05 All agreements reached under the Grievance Procedure between the representatives of the Employer, the Union and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a employees originating the grievance to expedited arbitration in accordance with and the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3representative(s) of the Fire Protection Union, will be final and Prevention Actbinding upon the Parties hereto and the employees to which this Agreement applies.
9.04 Extensions 6:06 Where two or more employees have grievances of a similar nature and each employee would be entitled to grieve separately, all such employees shall sign the grievance form and submit the grievance at Step No. 2 within fourteen (14) calendar days of the event giving rise to the time limits in 9.03 may not be unreasonably withheld.
9.05 grievances. The employee in all steps of the grievance procedure grievances shall be confined processed as one grievance subject to all applicable provisions under the grievance and redress sought as set forth in the written grievance initially filed as providedGrievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where Complaints--Employees who feel they have a difference arises between complaint shall discuss the parties relating to matter with their immediate supervisor with or without the interpretationassistance of their Union unit or group xxxxxxx as they so desire. Failing satisfactory adjustment of the complaint within the next following work day or any longer period which may be mutually agreed upon at the time, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, then the grievance procedure set forth below may be invoked. Grievances--Any complaint not settled in the manner above or any grievance involving the interpretation or alleged violation of the Agreement shall apply.
9.02 be dealt with as quickly as possible. In order to accomplish this the Company and the Union are agreed on the following procedure: STEP NO. I--Employees shall inform their immediate supervisor of their intent to submit a grievance. The Association grievance shall name, appoint then be reduced to writing with the assistance of the xxxxxxx and signed by the aggrieved employee. A copy of the grievance shall be given to the supervisor and shall be taken up by the xxxxxxx and chief xxxxxxx with representatives of the unit or otherwise select a Grievance Committee of no group supervision and/or department head not more than three seven (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five (5) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (57) working days after receiving the date of the written grievancepresentation of the grievance to the supervisor. In the context of this Article a working day A decision shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If rendered within two (2) working days from the reply date of the Fire Chief is not acceptable meeting and shall be in written form. STEP either the Company or the Union desire to the Association appeal any decision arrived at on the grievance may be referred to in Step No. they shall advise the Chief Administrative Officer other party of their intentions within seven (CAO) or the Director of Human Resources within five (57) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the first stage meeting. A meeting will then be arranged as soon as conveniently possible to both parties. The decision reached as a result of such meeting shall be rendered within seven (7) days of such meeting, and shall be in written form. If a satisfactory settlement of the grievance is not reached it may be referred by either party to a Board of Arbitration as provided for in Article No complaint or grievance will be entertained that has not been processed according to the procedure defined in Article or that is presented to the immediate supervisor more than seven (7) days, excluding regular days off and holidays, after the date the complaint or grievance first arose. It is agreed that when an employee grievance involving suspension or discharge is submitted to the immediate supervisor, it shall proceed directly to Step No. of the complaint and grievance procedure. At any stage of the Association.
Step 4 - If no resolve is reached above procedure, the shall have the right to be present, if the so desires. The shall also be required to attend any stage of the procedure at Step 3the request of either the Company or the Union. ARTICLE continued Should differences arise between the Company and Union Committee or stewards as to the interpretation or application of this Agreement, or should either party allege that the other has violated this Agreement, the matter shall will be submitted in writing and dealt with in the same manner as Step. of the grievance procedure. It is agreed that the settlement of any grievance relating to arbitrationback pay shall not be retroactive for more than thirty (30) days prior to the date of the written presentation to the supervisor as provided in Article above. Notice shall In case of an undisputed error as to an employee's rate of wages, proper adjustment will be given within 5 business daysmade from the date the error occurred. Stewards (1 per shall, after reporting to their immediate supervisor and when arrangements for relief have been made if necessary, be permitted to leave their work for a reasonable length of time when their presence has been requested by an employee in their group for the purpose of settling complaints or grievances. The parties agree thatCompany agrees that all reasonable steps will be taken to provide such relief. If, in the handling of a complaint or grievance, it becomes necessary for Stewards ( per to leave their building or department they shall upon entering another building or department, report to the purposes supervisor in charge of this collective agreement the words that building, stating their reason for being in that building. They shall return to their job as promptly as possible and upon returning shall at once report to their supervisor. Stewards (1 per or members of the expedited arbitration provisions Union Committee leaving their work because of the Labour Relations Acta grievance shall properly enter such time on their time record card. Employees on duty, 1995 as amended (Section 49)provided that they first secure permission from their supervisor, will be deemed permitted to have been incorporated into this collective agreementleave their work without loss of pay for business as provided in the Grievance Procedure. Accordingly and notwithstanding any other provisions An employee off duty will not be paid for time spent on business. Any of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits specified in 9.03 this Article may not be unreasonably withheldextended by mutual agreement between the Company and the Union.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating to the interpretationa) Any employee, application who feels he or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined treated unfairly or discharged without that any of their rights under this collective agreement have been violated, may lodge a complaint with their immediate manager. If such complaint has not been settled to the satisfaction of the complaining employee within twenty-four (24) hours from the time it is brought to the attention of the immediate manager, then such complaint may be reduced to writing and presented as a grievance. Any such complaint and/or grievance must be lodged within five (5) days of when the occurrence became known to the employee or should have become known with reasonable causeattention.
b) The written grievance shall outline the pertinent details of what took place, such differenceand the remedy sought. The grievance shall be signed by the Griever and a Union xxxxxxx, allegation or claim being hereinafter referred and shall be presented to as the grievance, their immediate Manager who will consider the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint and give his or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled her reply in writing within five (5) working days.
c) If the griever and the xxxxxxx are not satisfied with the reply, or if the Association shall submit the matter in writing to the Fire Chief or designate reply is not received within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision delivery to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association manager, the grievance may be referred submitted to the Chief Administrative Officer (CAO) or the Director of Human Resources Operations and a meeting will be convened within five ten (510) working days between the Company and the Union grievance committee to discuss the grievance. At this meeting a full-time representative of the written decision of the Fire ChiefUnion may be present if either party requests his or her presence. The CAO Director of Operations will render his/her decision to the griever or the xxxxxxx within thirty (30) calendar days, or to an extended date, which is mutually agreed upon.
d) If a satisfactory reply to the grievance is not received from the Director of Human ResourcesOperations within thirty (30) calendar days or the mutually agreed upon date, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives grievance may be submitted to arbitration before a single arbitrator. The grievance may be submitted to arbitration within 5 working thirty (30) calendar days to consider the grievance. Within five (5) working days upon receipt of the aforesaidreply, or within thirty (30) calendar days after the CAO or period described for the Director of Human Resources will render a written reply to the employee and the AssociationOperations.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between It is the mutual desire of the parties relating to that complaints of employees arising out of the interpretation, interpretation or application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors adjusted as deemed necessary at the expense of the Associationquickly as possible. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten COMPLAINT (10SUPERVISOR) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take complaint within the matter up through their Association representative. The President or designate terms and provisions of this Agreement shall, accompanied by his Committee person, submit such complaint to his Supervisor who shall contact Fire Management to seek give a resolution.
Step 2 - If the grievance is not settled decision within five (5) two regular working days, unless a longer time is agreed upon by the Association shall submit conferring parties. If the decision of the Supervisor is not considered to be satisfactory, the matter in writing to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall may then be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association dealt with under the grievance may be procedure. It is understood that an employee has no grievance unless the complaint has been first referred by the employee concerned to the Chief Administrative Officer (CAO) or the Director of Human Resources his supervisor, within five (5) three working days of the written decision and/or Union’s awareness of the Fire Chiefoccurrence causing the complaint, With the exception of overtime complaints and benefit insurance claims, the maximum financial redress of any monetary item will not exceed thirty days prior to the date the complaint is first referred by the employee to his supervisor. The CAO or the Director It is understood that an employee has no grievance until he has first given his supervisor an opportunity of Human Resources, who together adjusting his complaint. If an employee has complied with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days provisions of the aforesaidComplaint procedure, the CAO or the Director of Human Resources will render a written reply and desires to the employee and the Association.
Step 4 - If no resolve is reached at Step 3grieve, the matter shall be submitted to arbitration. Notice shall be given within 5 business daysreduced in writing on a form supplied in triplicate by the Company. The parties agree that, for written grievance shall state in detail the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed Article(s) alleged to have been incorporated into this collective agreementviolated and specific action to be taken. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party An employee may refer not leave his work area to discuss a grievance to expedited arbitration in accordance complaint with the provisions of Section 49his shop xxxxxxx without first obtaining permission from his supervisor. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance Permission requested under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may clause shall not be unreasonably withheld.
9.05 . STEP PRODUCTION MANAGER The written grievance, signed by the employee in all steps and the Committee person, shall be presented to the Production Manager, or designate, within two regular work days of the grievance procedure Supervisor’s verbal reply. If the Production Manager, or designate, wishes to interview an employee(s) for reasons pertaining to the Agreement, the employee(s) shall be confined to accompanied by his Committee person. The Production Manager, or designate, shall give his answer, in writing, within two regular working days following receipt of such grievance, unless a longer period has been agreed upon by the grievance and redress sought as set forth in the written grievance initially filed as provided.conferring parties,
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating 13.01 Matters pertaining to the interpretation, interpretation or application or administration of this Agreementagreement, including together with complaints and grievances, shall be discussed and adjusted by the Board's designated representatives and the union committee.
13.02 If an employee has any questions as complaint or grievance to whether take up with the Board, it shall be heard in the following manner. Prior to filing a personal grievance, on a matter that is arbitrableother than disciplinary, or where an allegation is made that this Agreement has been violated or whenever as hereinafter provided, an employee who has completed shall normally attempt, by informal discussion with his/her immediate supervisor, to resolve any matter which could be the required probationary period subject of a grievance. In this discussion, the employee may be accompanied by a Union representative, and has been accepted the immediate supervisor may be assisted by the Employer for employment in appropriate unit Manager. This must take place not later than five (5) working days following the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred date of the incident giving rise to as the potential grievance, the grievance procedure set forth below shall apply.
9.02 . The Association shall name, appoint or otherwise select a Grievance Committee of no more Employer's response must be made not later than three (3) who working days following the discussion. Any matter not settled at this stage may become the subject of a grievance and be dealt with as follows:
Step 1 The grievance of an employee shall be members of stated in writing on a standard form supplied in triplicate by the Association Union which shall be completed as indicated on the form and shall have reached at least signed by the rank of First Class Fire Fighter employee and other advisors as deemed necessary at the expense of the Associationunion officer. The Employer shall recognize and deal with form will then be presented to the Grievance committee with respect to any matter or dispute which properly arises from a breach Manager of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance Employee Relations/Services who will be considered where the circumstances giving rise to it occurred or originated more than ten state his/her decision in writing within seven (107) full working days before the submission of receipt of the grievance.
Step 1 - An 2 If the decision of the Manager of Employee Relations/Services is not satisfactory to the employee having a grievance will take concerned, the matter up through their Association representative. The President will be referred to the Superintendent of Education/Employee Relations, or designate, with a copy to the Manager of Employee Relations/Services, and the Union Committee, and the Superintendent or designate shall contact Fire Management to seek convene a resolution.
Step 2 - If meeting. The Superintendent or designate shall notify the grievance is not settled Union, within five four (54) working days, of proposed dates for a Step 2 meeting, which shall be scheduled on a mutually agreeable date. At this meeting a representative of the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days Canadian Union of receiving the reply from Step 1Public Employees may be present if either party requests such presence. The Fire Chief Superintendent of Education/Employee Relations, or designate designate, shall render the written give a decision to the Association Union Committee within five seven (57) working days after receiving the written grievancemeeting. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief Superintendent’s decision at this stage is not acceptable satisfactory to the Association Union Committee, then the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as hereinafter provided.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating 18.01 Should there be any dispute or complaint as to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank clauses of First Class Fire Fighter and other advisors as deemed necessary at the expense this agreement or any grievance arising out of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from operation of this agreement, a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where submitted in the circumstances giving rise to it occurred following manner:
Step 1 - The complaint shall first be discussed by the employee with such employee’s department manager within seven (7) calendar days of the occurrence. The employee may be accompanied by a shop xxxxxxx. The department manager or originated more than ten such employee’s designated representative shall give an answer orally within seven (107) full working calendar days before the submission of receipt of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance no settlement is not settled within five (5) working daysreached at Step 1, the Association grievance, dispute or complaint shall submit the matter be presented in writing to the Fire Chief Plant Manager or designate designate. The written grievance must be presented within five seven (57) working calendar days of receiving the reply from Step 11 answer given by the department manager. The Fire Chief written grievance shall set out the nature of the grievance, the time, date and names of persons directly involved; the article of the agreement applicable, and a statement as to whether the grievance is filed pursuant to Article 18. The Plant Manager or designate designate, shall render arrange a meeting with the griever and the shop xxxxxxx within seven (7) calendar days of receipt of the written decision to grievance and the Association manager shall give an answer in writing within five ten (510) working calendar days after receiving following the written grievancemeeting. In A member of the context of Union Plant Committee may accompany the griever and the shop xxxxxxx at this Article a working day shall be deemed to be Monday to Friday excluding designated holidaysmeeting.
Step 3 - If the reply grievance remains unsettled, it shall be submitted to a meeting to be held within ten (10) calendar days following delivery of the Fire Chief is not acceptable to Step 2 decision. The meeting shall be between the Association Union Plant Committee, the grievance may be referred to employee, the Chief Administrative Officer (CAO) or the Director Union Counsellor of Human Resources within five (Local No. 5) working days , and/or a representative of the Pulp, Paper and Woodworkers of Canada. Representing the Company shall be the Vice-President of Administration. The written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice Company shall be given within 5 business daysten (10) calendar days of the meeting. The parties agree that, for If any employee member of the purposes union claims to be unjustly discharged during the period of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Actagreement, 1995 as amended (Section 49)they shall, will be deemed in order to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (proceed with the grievance/arbitration provisions); either party may refer a grievance , submit the matter in writing within ten (10) calendar days of such discharge directly to expedited arbitration in accordance the Vice President of Administration or Plant Manager who shall deal with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection grievance as going directly to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps Step 3 of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as providedprocedure.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating 13.01 Matters pertaining to the interpretation, interpretation or application or administration of this Agreementagreement, including together with complaints and grievances, shall be discussed and adjusted by the Board's designated representatives and the union committee.
13.02 If an employee has any questions as complaint or grievance to whether take up with the Board, it shall be heard in the following manner. Prior to filing a personal grievance, on a matter that is arbitrableother than disciplinary, or where an allegation is made that this Agreement has been violated or whenever as hereinafter provided, an employee who has completed shall normally attempt, by informal discussion with his/her immediate supervisor, to resolve any matter which could be the required probationary period subject of a grievance. In this discussion, the employee may be accompanied by a Union representative, and has been accepted the immediate supervisor may be assisted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its termappropriate unit Manager. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more must take place not later than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five (5) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days following the date of receiving the reply from Step 1incident giving rise to the potential grievance. The Fire Chief Employer's response must be made not later than three (3) working days following the discussion. Any matter not settled at this stage may become the subject of a grievance and be dealt with as follows: The grievance of an employee shall be stated in writing on a standard form supplied in triplicate by the Union which shall be completed as indicated on the form and signed by the employee and the union officer. The form will then be presented to the Manager of Employee Relations/Services who will state his/her decision in writing within seven (7) working days of receipt of the grievance. Step 2 If the decision of the Manager of Employee Relations/Services is not satisfactory to the employee concerned, the matter will be referred to the Superintendent of Education/Employee Relations, or designate, with a copy to the Manager of Employee Relations/Services, and the Union Committee, and the Superintendent or designate shall render convene a meeting. The Superintendent or designate shall notify the written Union, within four (4) working days, of proposed dates for a Step 2 meeting, which shall be scheduled on a mutually agreeable date. At this meeting a representative of the Canadian Union of Public Employees may be present if either party requests such presence. The Superintendent of Education/Employee Relations, or designate, shall give a decision to the Association Union Committee within five seven (57) working days after receiving the written grievancemeeting. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief Superintendent’s decision at this stage is not acceptable satisfactory to the Association Union Committee, then the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as hereinafter provided.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where If an employee has any complaint or grievance to take up with the Board, it shall be heard in the following manner. Prior to filing a difference arises between the parties relating to the interpretationpersonal grievance, application or administration of this Agreement, including any questions as to whether on a matter that is arbitrableother than disciplinary, or where an allegation is made that this Agreement has been violated or whenever as hereinafter provided, an employee who has completed shall normally attempt, by informal discussion with immediate supervisor, to resolve any matter which could be the required probationary period subject of a grievance. In this discussion, the employee may be accompanied by a Union representative, and has been accepted the immediate supervisor may be assisted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its termappropriate unit Manager. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more must take place not later than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five (5) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days following the date of receiving the reply from Step 1incident giving rise to the potential grievance. The Fire Chief Employer’s response must be made not later than three (3) working days following the discussion. Any matter not settled at this stage may become the subject of a grievance and be dealt with as follows: The grievance of an employee shall be stated in writing on a standard form supplied in triplicate by the Union which shall be completed as indicated on the form and signed by the employee and the union officer. The form will then be presented to the Manager of Employee who will state decision in writing within seven (7) working days of receipt of the grievance. Employee and the Union Committee, and the Superintendent or designate shall render convene a meeting. The Superintendent or designate shall notify the written Union, within four (4) working days, of proposed dates for a Step meeting, which shall be scheduled on a mutually agreeable date. At this meeting a representative of the Canadian Union of Public Employees may be present if either party requests such presence. The Superintendent of Relations, or designate, shall give a decision to the Association Union Committee within five seven (57) working days after receiving the written grievancemeeting. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief Superintendent’s decision at this stage is not acceptable satisfactory to the Association Union Committee, then the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chiefarbitration as hereinafter provided. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.ARTICLE
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 31.1 With the exception of such matters as are governed by regulations made by the Lieutenant Governor in Council under the Police Services Act, any difference between the parties concerning the interpretation, application, administration or alleged violations of any of the provisions of this agreement shall be dealt with as follows:
STEP 1 The aggrieved member, and/or his Association representative may discuss any grievance with the management representative designated in Article (31.8.1) below to handle grievances at this step. The management representative shall state his decision orally to the grievor within seven (7) days after the discussion.
STEP 2 If the grievance is not resolved satisfactorily at Step 1, the Association Grievance Committee or its representative may reduce the grievance to writing and present it within seven (7) days after the decision has been made at Step 1 and initialed by the Management Representative at Step 1 to the Chief. The Chief shall render a written decision and deliver it to the Association Grievance Committee within a further seven (7) days of the meeting held to discuss the grievance, or if no meeting is held, within seven (7) days of the presentation of the grievance at Step 2. STEP 3 If no settlement is reached at Step 2, the Association Grievance Committee or it’s representative may, at any time within seven (7) days or receipt of the decision of the Chief or his designee, submit the grievance to the Town of LaSalle Police Services Board which shall then fix a time within thirty (30) days at which time the Town of LaSalle Police Services Board will hear submissions from one or more members or a representative of the Grievance Committee. The Town of LaSalle Police Services Board will notify the Committee in writing of it’s decision within seven (7) days of the hearing.
31.2 Where the Association Grievance Committee is dissatisfied with the decision of the Town of LaSalle Police Services Board, there shall be the right to arbitrate according to the procedure as provided for in Article 31.3
31.3 Where a difference arises between the parties relating to the interpretation, application or administration of the Agreement or an allegation is made that the agreement or award has been violated, either of the parties may, notwithstanding any grievance or arbitration procedure established by the agreement notify the other party in writing of it’s desire to submit the difference or allegation to an arbitrator and, if the recipient of the notice and the party desiring the arbitration do not within ten (10) days agree upon a single arbitrator, the appointment of a single arbitrator shall be made by the Solicitor General upon the request of either party, and the arbitrator shall commence to hear and determine the difference within thirty (30) days after his appointment and shall issue a decision within a reasonable time thereafter, and such decision is final and binding upon the parties.
31.4 Where a grievance relates to the general interpretation, application or administration of this Agreement, including any questions question as to whether a matter is arbitrable, either party may initiate a “policy” or where an allegation is made “group” grievance on behalf of the aggrieved members, or the party concerned, as the case may be.
31.5 No matter may be submitted to arbitration which has not been processed through all previous Steps of the grievance procedure, however, that the parties may at any time agree to omit one or more Steps of the grievance procedure.
31.6 The time limits in this Agreement has been violated Article may be extended at any stage by mutual agreement but in any event shall be considered directly.
31.7 The word “days” in this Article means calendar days exclusive of Saturday, Sunday, Paid Holiday, and the period of the grievor’s vacation.
31.8.1 The Board shall provide the Association with a list of management representatives; such individuals to include the Chief, Deputy Chief or whenever an any other employee who has completed the required probationary period and has been accepted so designated by the Employer for employment Board to handle grievances at Step 1 of the Grievance Procedure and shall notify the Association promptly of changes made in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred list from time to as the grievance, the grievance procedure set forth below shall applytime.
9.02 31.8.2 The Association shall name, appoint or otherwise select provide the Board with a list of names of members of it’s Grievance Committee of no more than three (3) who shall be members and a list of the Association names of it’s monitors, and shall have reached at least notify the rank Board promptly of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement changes made from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etcin either list.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five (5) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an Complaints Any employee who feels he has completed a complaint shall discuss the required probationary matter with his immediate supervisor with or without the assistance of his Uniongroupstewardas desires. Failing satisfactory adjustment of the complaint within the following work day or any longer period and has been accepted by which may be mutually agreed upon at the Employer for employment in the permanent servicetime, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, then the grievance procedure set forth below may be invoked. Grievances- Anycomplaintnot settled in the manner above or any grievance involving the interpretation or alleged violation of the be dealt with In order to accomplish this the Company and the Union are agreed on the following procedure: STEP NO. - Theemployee shall apply.
9.02 inform his immediate supervisor of his intent to submit a grievance. The Association grievance shall name, appoint or otherwise select a Grievance Committee then be reduced to writing with the assistance of no more than three (3) who the group xxxxxxx and signed aggrieved employee. A of the grievance shall be members given to the supervisor and shall be taken up by the xxxxxxx and chief xxxxxxx with representatives of the Association group supervision and/or department head not more daysafterthe date of the written presentation of the xxxx- xxxxx to the supervisor. A decision shall be rendered within working days from the date of the meeting and shall have reached be in written form. STEP NO. - Shouldeitherthe Companyor the Union desire to appeal any decision arrived at least on the rank grievance in Step No. they shall advise the other party of First Class Fire Fighter and other advisors as deemed necessary at the expense their intentions within seven (7)working days of the Associationthe first stage meeting. A meetingwill then be arranged as soon as conveniently possible to both par- ties. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss decision reached as a result of their attendance at such grievance meetingsmeeting shall be rendered within seven (7) days of such meeting, hearings, etc.
9.03 and shall be in written form. If a satisfactory settlement of the xxxx- xxxxx is not reached it may be referred by either party to a Board of Arbitration as pro- vided for in Article No complaint or grievance will be considered where entertained that has not been processedaccordingto the circumstances giving rise procedure defined in Article or that is presented to it occurred or originated the immediate supervisor more than ten seven (107) full working days, excluding regular days before off and holidays, after the submission date the complaint or grievance first arose. It is agreed that when an employee grievance involving suspension or discharge is submitted to the imme- diate supervisor, it shall No. of the grievance.
Step 1 - An employee having a complaint and grievance will take procedure. At any stage of the above procedure, the aggrieved employeeshall have the rightto be present, if he desires. He shall also be required to attend any stage of the procedure at the request of either the Company or the Union. Should betweenthe Company and Union Committee or stewards as to the interpre- tation or application of the Agreement, or should either party allege that the other has violated this Agreement, the matter up through their Association representativewill be submitted in writing and dealt with in the same manner as Step No. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If of the grievance procedure. It is agreed that the settlement of any grievance relatingto back pay shall not settled within five (5) working days, the Association shall submit the matter in writing be retroactivefor more than days prior to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days date of the written decision be made from the date the error Any xxxxxxx shall, after reporting to his immediate supervisor and when arrangements for relief have been made if necessary, be permitted to leave his work for a reasonable length of time when his presence has been requested by in his group for the purpose of settling complaints or grievances. The Company agrees that all reason- able steps will be taken to provide such relief. If, in the handling of a complaint or grievance, it becomes necessary for a xxxxxxx to leave his building or department, he shall upon entering anotherbuilding ordepartment, report to the super- visor in charge of that building, stating his reason for being in that building, he shall return to his job as promptly as possible and upon returning shall at once report to his supervisor. Any xxxxxxx or member of the Fire ChiefUnion Committee leaving his work because of a grievance shall properly enter such time on his time record card. The CAO or the Director of Human ResourcesAn employee on duty, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49)provided he first secures permission from hissupervisor, will be deemed to have been incorporated into this collective agreementpermittedto leave his work without loss of pay for Company business as provided in the Grievance Procedure. Accordingly and notwithstanding any other provisions A man off duty will not be paid for time spent on Union-Company business. Any of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits specified in 9.03 this Article may not be unreasonably withheldextended by mutual agreement between the Company and the Union.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where
12.01 For the purpose of this Agreement, a grievance is defined as a difference arises arising between the parties relating to the interpretation, application application, administration or administration alleged violation of this Agreement, the Agreement including any questions question as to whether a matter is arbitrable, or where an allegation .
12.02 It is made the mutual desire of the parties hereto that this Agreement has been violated or whenever complaints of employees shall be adjusted as quickly as possible. It is understood that an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that no grievance until he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as first given his/her immediate supervisor the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee opportunity of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Associationresolving his/her complaint. The Employer employee may be accompanied by a Union Departmental Shop Xxxxxxx if he/she so chooses. If an employee has a complaint, he/she shall recognize and deal discuss it with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where his/her immediate supervisor within seven (7) days after the circumstances giving rise to it the complaint have occurred or originated more than ten ought to have reasonably come to the attention of the employee. The supervisor shall give his/her response in the complaint within three (103) full working days before and, failing settlement, or failing a response, it may then be taken up as a grievance within seven (7) days following advice of the submission immediate supervisor’s decision in the following manner and sequence:
Step #1 The employee and/or his/her Departmental Shop Xxxxxxx may present his/her grievance to his/her department head and/or designate. The grievance shall be in writing on a grievance form and shall include the nature of the grievance.
Step 1 - An employee having a grievance will take , the matter up through their Association representativeremedy sought and the provisions of the Agreement, which are alleged to have been violated. The President or employee and/or Departmental Shop Xxxxxxx and the department head and/or designate will have such discussion as is necessary to explain the nature of the grievance. Failing settlement, the department head and/or designate shall contact Fire Management to seek a resolution.
Step 2 - If deliver his/her decision in writing and the grievance is not settled reasons thereof within five (5) working daysdays following the presentation of the grievance to him/her. Failing settlement:
Step #2 Within seven (7) days after the decision in Step #1, the Association shall Union may submit the matter grievance in writing to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Director, Human Resources, who together with or his/her designate. A meeting will then be held between the Fire Director, Human Resources or designate, Department head or designate, and Union Departmental Shop Xxxxxxx or designate, Chief Shop Xxxxxxx and the grievor, or any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days person reasonably required to consider fully discuss the grievance, if either party requests. Within five Such meeting shall be held within fourteen (514) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps submission of the grievance procedure shall at Step #2 unless extended by written agreement of the parties. It is understood and agreed that a staff representative of the Union may be confined present at
12.03 Should the Employer fail to respond in a timely manner in Article 12.01 and 12.02, the Union may refer the grievance to the grievance and redress sought as set forth in the written grievance initially filed as providednext step or arbitration.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises 8.01 Should any dispute arise between the parties relating Employer and an Employee or between the Employer and the Union as to the interpretation, application or application, administration of this Agreementor
STEP 1 The Employee involved shall, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five (5) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision date of the Fire Chiefincident giving rise to the Complaint, or, of the date of the incident giving rise to the Complaint should reasonably have been known to the Employee, discuss the Complaint with his Supervisor. The CAO or Shop Xxxxxxx shall be present during the Director discussion. The Supervisor shall give his answer within three (3) working days following the date of Human Resources, who together the meeting. The Shop Xxxxxxx shall be present when the Supervisor gives his answer.
STEP 2 If the Employee is not satisfied with the Fire Chief and any other advisors deemed necessarySupervi- sor's answer to the complaint, shall meet with the Association Representatives a Grievance may be filed within 5 working days to consider the grievance. Within five (5) working days of the aforesaiddate the Supervisor gives his answer to the Complaint. The Employee may have the assistance of the Shop Xxxxxxx in filling out the Grievance Form. All Grievances shall be in writing and shall be signed by the Employee and the Shop Xxxxxxx. All Grievances shall contain the Article of the Collective Agreement alleged to be violated, the CAO nature of the grievance and the adjustment requested. The Grievance Form shall be presented to the Regional Service Manager or his designate and discussed with the Director Employee and the Shop Xxxxxxx at that time. The Employer shall have five (5) working days to answer the grievance in writing and present it to the Employee and the Shop Xxxxxxx. If the Employee is not satisfied with the Employer's written answer given at STEP 2, and the Union does not withdraw the grievance in writing within five (5) working days following the date of the meeting at which the Employer gave its written answer to the grievance, the grievance shall proceed to a STEP 3 meeting.
STEP 3 This meeting shall be arranged in a timely manner by the Human Resources will render Director or designate and a written reply Business Representative of the International Associa- tion of Machinists and Xxxxxxxxx Xxxxxxx, Xxxxxxxx Xxxxx Xx. 000. The Employer shall have five (5) working days to answer the grievance in writing and present it to the employee Employee and Shop Xxxxxxx. A copy shall also be sent to the Business Representative. If the grievance is not settled at STEP 3, and the Association.
Step 4 - If no resolve is reached Union does not withdraw the grievance in writing within ten (10) working days following the first Wednesday of any month after the date of the meeting at Step which the Employer gave its written answer to the grievance, at STEP 3, the matter grievance shall be submitted proceed to arbitration. Notice shall be given within 5 business daysarbitration under Article 9 of this Collective Agreement. The parties agree thatEmployer and the Union shall notify each other, for in writing, whom to contact to select the purposes arbitrator.
8.02 Where a difference arises between the Union and the Employer relating to the interpretation, application, administration or alleged violation of this collective agreement Collec-
Article 8.01, STEP 3, shall then apply as though the words Union's policy or group grievance was a grievance of an employee.
8.03 The Employer may file a grievance against the Union. The Employer may file a grievance within ten (10) working days of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection date an incident becomes known to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitrationEmployer. Either party is entitled howeverArticle 8.01, to raise any objectionSTEP 3, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etcshall then apply.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where It is mutually agreed that no grievance shall be considered, the alleged circumstances of which originated or occurred ten (IO) days prior to its originalpresentation, except inthe case of grievances regardingwages which shall have a difference arises between time limit of thirty (30) days from date of receipted acknowledgement of earned wages. The Boardagrees to recompense stewardsat their current hourly baseratefor a reasonableamount of time spent in dealing with grievances. This is to apply to time spent in dealing with complaints or grievances during the parties relating to employee’s regularworking hours andfurther includestime spent on grievancesafterthey have reached the interpretationarbitration stage. If, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent serviceopinion of the supervisor, claims that he/she has been disciplined or discharged without reasonable causean unreasonable amount of time is being spent in dealing with a grievance, such differencepayment may be withheld. The Board agrees to allow a with an individual grievance to take an unpaid leave of absence for one-half day day) prior to a scheduled and confirmed first date of an arbitration hearing into the employee’s Individual Grievance, allegation or claim being hereinafter referred to as long as the grievanceManager of Custodial Services, the grievance procedure set forth below shall apply.
9.02 The Association shall nameManager of MaintenanceServices or the Manager of Purchasing, appoint or otherwise select whichever is applicable, receives a Grievance Committee request in writing from the Union a minimum of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five (5) working daysdays in advance of the requested leave, the Association shall submit the matter in writing with a copy to the Fire Chief Manager of Employee The employee will be paid his or designate within five (5) working days her salary by the Board, which will be reimbursed in full by the Union in a timely manner. Any of receiving the reply times mentionedinthe grievance or arbitration proceedings may be extended by mutual agreement. It is agreed by the parties that any grievance not processed from Step 1. The Fire Chief or designate shall render the written decision one step to the Association other or to arbitration within five ten (5IO) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, prior answer shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (dropped by the party instituting the grievance/arbitration provisions); either party . Where a dispute arises involving a question of general application or general interpretationof the terms of the Collective Agreement, a policy grievance may refer be filed by the Union commencing with Section Where a resolutionto a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment reached by the Minister of Labour or his or her designate will be determined to be a joint appointment parties, the resolutionshall not in accordance with Section 53(3) of itself become the Fire Protection and Prevention Actbasis for any subsequent grievance.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 1 contract
Samples: Collective Agreement
COMPLAINT AND GRIEVANCE PROCEDURE. 9.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten five (105) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will first take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolutionorally with the officer in charge of his/her shift on which the grievance originated.
Step 2 - If the grievance is not settled within five (5) working days, the Association employee shall submit the matter in writing to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1of the officer in charge of his shift. The Fire Chief or designate shall render the his/her written decision to the Association employee within five (5) working days after receiving he/she receives the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association employee, the grievance may be referred to the Chief Administrative Officer (CAO) /Town Manager or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the employee and the Association Representatives representatives within 5 five (5) working days to consider the grievance. Within five (5) working days of meeting the aforesaid, the CAO CAO/Town Manager or the Director of Human Resources will render a written reply to the employee and the Associationemployee.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 9.03 Extensions to the time limits in 9.03 Steps 1, 2 and 3 of 9.02, may not be unreasonably withheldwaived by mutual agreement between the two (2) parties.
9.05 9.04 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Appears in 1 contract
Samples: Collective Bargaining Agreement
