Common use of Complaint and Grievance Procedures Clause in Contracts

Complaint and Grievance Procedures. For the purpose of this Article, the word "party" is defined as either Seaspan ULC or the Union. Any Unlicensed Employee or the Union with a complaint or grievance shall discuss the complaint or grievance with the Master or the Company where appropriate. If a settlement satisfactory to the Unlicensed Employee is not reached, then the following grievance procedure will be carried out: (a) A written statement of the grievance shall be presented to the Master or Company by the Unlicensed Employee concerned, accompanied if he so desires by a fellow Unlicensed Employee who is a Union Committee member or may be presented by the Union. (b) If the Master or the Company fails to adjust the grievance in a satisfactory manner, it shall be dealt with between the representatives of the Company and the Union. (c) A grievance is any difference concerning the interpretation, application or operation of this Agreement or any alleged violation thereof, including any question as to whether any matter is arbitrable and shall be dealt with without stoppage of work. (d) The maximum time for raising a grievance shall be ninety (90) days from the time the incident occurs which gives rise to the grievance. In the event arbitration is desired, written notice must be given within the ninety (90) day period. Time limits under this clause may be extended by mutual agreement between the parties. Failing mutual agreement to extend the time limit, a grievance not raised and processed within the aforestated time period shall be deemed abandoned and all rights or recourse including arbitration in respect of this grievance shall be at an end. (e) If the grievance is not satisfactorily concluded under procedures (a) and (b), then it shall be dealt with by arbitration in accordance with the following procedure: i. The party desiring to arbitrate under this procedure shall notify the other party in writing of this intention and the particulars of the matter in dispute. ii. The party receiving such notice shall within five (5) days thereafter confirm such notification in writing. iii. The parties shall then confer and shall within five (5) days choose a single arbitrator to arbitrate the dispute and shall abide by the decision of such arbitrator. The arbitrator shall be chosen by mutual agreement of the parties. Failing mutual agreement, the Minister of Labour will be asked to select the arbitrator. iv. Once the arbitrator is chosen and if either party to the dispute desires it, the following procedure shall take place within a further five (5) days: v. The Company and the Union shall each select a person active in the towboat industry to sit with the arbitrator during this arbitration hearing. Such persons shall be available to the arbitrator jointly, but not individually at his discretion, to advise him on any matters which he, the arbitrator, deems advisable. These persons, who shall be known as advisors shall take no part in the hearing other than to be available for technical advice during the hearing. Nor shall they take part in the making or publishing of the award of an arbitrator. vi. The arbitrator shall be entitled to accept or reject any advice he may have received from such persons, but he shall not in his award, make reference to such persons, or to any advice he may have received, or to his acceptance or rejection thereof. vii. The Board of Arbitration shall not have any power to alter any of the terms of this Agreement nor to substitute new provisions for existing provisions nor to give any decision inconsistent with the terms of this Agreement. viii. The expenses of the Arbitration Board chairman shall be borne equally by the parties. ix. Expedited Arbitration Process a) By mutual agreement, the parties may refer any grievance or group of grievances (related or unrelated) properly submitted in accordance with the provisions of 1.05 to expedited arbitration. b) Except as otherwise provided, the expedited arbitration hearings shall be held within thirty (30) days of the date of appointment of a single arbitrator whom the parties shall jointly select from the following agreed upon arbitrators: Xxxx Xxxxxx, Xxxx Xxxxx and Xxxx Xxxxxxx. This list will be jointly reviewed on an annual basis and changes may be mutually made at any time on request of either party. c) Where none of the above mentioned arbitrators are available within the required thirty days

Complaint and Grievance Procedures. For the purpose of this Article, the word "party" is defined as either Seaspan ULC Hodder Tugboat Co. Ltd. or the Union. Any Unlicensed Employee crew member or the Union with a complaint or grievance shall discuss the complaint or grievance with the Master or the Company company where appropriate. If a settlement satisfactory to the Unlicensed Employee crew member is not reached, then the following grievance procedure will be carried out: (a) A written statement of the grievance shall be presented to the Master or Company by the Unlicensed Employee crew member concerned, accompanied if he so desires by a fellow Unlicensed Employee employee who is a Union Committee member or may be presented by the Union. (b) If the Master or the Company employer fails to adjust the grievance in a satisfactory manner, it shall be dealt with between the representatives of the Company and the Union. (c) A grievance is any difference concerning the interpretation, application or operation of this Agreement or any alleged violation thereof, including any question as to whether any matter is arbitrable and shall be dealt with without stoppage of work. (d) The maximum time for raising a grievance shall be ninety (90) days from the time the incident occurs which gives rise to the grievance. In the event arbitration is desired, written notice must be given within the ninety (90) day period. Time limits under this clause may be extended by mutual agreement between the parties. Failing mutual agreement to extend the time limit, a grievance not raised and processed within the aforestated time period shall be deemed abandoned and all rights or recourse including arbitration in respect of this grievance shall be at an end. (e) If the grievance is not satisfactorily concluded under procedures (a) and (b), then it shall be dealt with by arbitration in accordance with the following procedure: i. (i) The party desiring to arbitrate under this procedure shall notify the other party in writing of this intention and the particulars of the matter in dispute. (ii. ) The party receiving such notice shall within five (5) days thereafter confirm such notification in writing. (iii. ) The parties shall then confer and shall within five (5) days choose a single arbitrator to arbitrate the dispute and shall abide by the decision of such arbitrator. The arbitrator shall be chosen by mutual agreement of the parties. Failing mutual agreement, the Minister of Labour will be asked to select the arbitrator. (iv. ) Once the arbitrator is chosen and if either party to the dispute desires it, the following procedure shall take place within a further five (5) days: v. : The Company and the Union shall each select a person active in the towboat industry to sit with the arbitrator during this arbitration hearing. Such persons shall be available to the arbitrator jointly, but not individually at his discretion, to advise him on any matters which he, the arbitrator, deems advisable. These persons, who shall be known as advisors shall take no part in the hearing other than to be available for technical advice during the hearing. Nor shall they take part in the making or publishing of the award of an arbitrator. vi. The arbitrator shall be entitled to accept or reject any advice he may have received from such persons, but he shall not in his award, make reference to such persons, or to any advice he may have received, or to his acceptance or rejection thereof. vii. (v) The Board of Arbitration shall not have any power to alter any of the terms of this Agreement nor to substitute new provisions for existing provisions nor to give any decision inconsistent with the terms of this Agreement. viii. (vi) The expenses of the Arbitration Board chairman shall be borne equally by the parties. ix. Expedited Arbitration Process a) By mutual agreement, the parties may refer any grievance or group of grievances (related or unrelated) properly submitted in accordance with the provisions of 1.05 to expedited arbitration. b) Except as otherwise provided, the expedited arbitration hearings shall be held within thirty (30) days of the date of appointment of a single arbitrator whom the parties shall jointly select from the following agreed upon arbitrators: Xxxx Xxxxxx, Xxxx Xxxxx and Xxxx Xxxxxxx. This list will be jointly reviewed on an annual basis and changes may be mutually made at any time on request of either party. c) Where none of the above mentioned arbitrators are available within the required thirty days

Complaint and Grievance Procedures. For the purpose of this Article, the word "party" is defined as either Seaspan ULC NORTH ARM TRANSPORTATION LTD. or the Union. Any Unlicensed Employee crew member or the Union with a complaint or grievance shall discuss the complaint or grievance with the Master or the Company company where appropriate. If a settlement satisfactory to the Unlicensed Employee crew member is not reached, then the following grievance procedure will be carried out: (a) A written statement of the grievance shall be presented to the Master or Company by the Unlicensed Employee crew member concerned, accompanied if he so desires by a fellow Unlicensed Employee employee who is a Union Committee member or may be presented by the Union. (b) If the Master or the Company employer fails to adjust the grievance in a satisfactory manner, it shall be dealt with between the representatives of the Company and the Union. (c) A grievance is any difference concerning the interpretation, application or operation of this Agreement or any alleged violation thereof, including any question as to whether any matter is arbitrable and shall be dealt with without stoppage of work. (d) The maximum time for raising a grievance shall be ninety (90) days from the time the incident occurs which gives rise to the grievance. In the event arbitration is desired, written notice must be given within the ninety (90) day period. Time limits under this clause may be extended by mutual agreement between the parties. Failing mutual agreement to extend the time limit, a grievance not raised and processed within the aforestated time period shall be deemed abandoned and all rights or recourse including arbitration in respect of this grievance shall be at an end. (e) If the grievance is not satisfactorily concluded under procedures (a) and (b), then it shall be dealt with by arbitration in accordance with the following procedure: i. (i) The party desiring to arbitrate under this procedure shall notify the other party in writing of this intention and the particulars of the matter in dispute. (ii. ) The party receiving such notice shall within five (5) days thereafter confirm such notification in writing. (iii. ) The parties shall then confer and shall within five (5) days choose a single arbitrator to arbitrate the dispute and shall abide by the decision of such arbitrator. The arbitrator shall be chosen by mutual agreement of the parties. Failing mutual agreement, the Minister of Labour will be asked to select the arbitrator. (iv. ) Once the arbitrator is chosen and if either party to the dispute desires it, the following procedure shall take place within a further five (5) days: v. : The Company and the Union shall each select a person active in the towboat industry to sit with the arbitrator during this arbitration hearing. Such persons shall be available to the arbitrator jointly, but not individually at his discretion, to advise him on any matters which he, the arbitrator, deems advisable. These persons, who shall be known as advisors shall take no part in the hearing other than to be available for technical advice during the hearing. Nor shall they take part in the making or publishing of the award of an arbitrator. vi. The arbitrator shall be entitled to accept or reject any advice he may have received from such persons, but he shall not in his award, make reference to such persons, or to any advice he may have received, or to his acceptance or rejection thereof. vii. The Board of Arbitration shall not have any power to alter any of the terms of this Agreement nor to substitute new provisions for existing provisions nor to give any decision inconsistent with the terms of this Agreement. viii. The expenses of the Arbitration Board chairman shall be borne equally by the parties. ix. Expedited Arbitration Process a) By mutual agreement, the parties may refer any grievance or group of grievances (related or unrelated) properly submitted in accordance with the provisions of 1.05 to expedited arbitration. b) Except as otherwise provided, the expedited arbitration hearings shall be held within thirty (30) days of the date of appointment of a single arbitrator whom the parties shall jointly select from the following agreed upon arbitrators: Xxxx Xxxxxx, Xxxx Xxxxx and Xxxx Xxxxxxx. This list will be jointly reviewed on an annual basis and changes may be mutually made at any time on request of either party. c) Where none of the above mentioned arbitrators are available within the required thirty days

Complaint and Grievance Procedures. For the purpose of this Article, the word "party" is defined as either Seaspan ULC the Company or the Union. Any Unlicensed Employee crew member or the Union with a complaint or grievance shall discuss the complaint or grievance with the Master or the Company where appropriate. If a settlement satisfactory to the Unlicensed Employee crew member is not reached, then the following grievance procedure followingprocedures will be carried out: (a) : A written statement of the complaint or grievance shall be presented to the Master or Company by the Unlicensed Employee crew member concerned, accompanied if he so desires by a fellow Unlicensed Employee employee who is a Union Committee member Committeemember or may be presented by the Union. (b) . If the Master or the Company employer fails to adjust the complaint or grievance in a satisfactory manner, it shall be dealt with between the representatives of representativesof the Company and the Union. (c) . A grievance is any difference concerning the interpretation, application or operation of this Agreement or any alleged violation thereof, including any question as to whether any matter is arbitrable and shall be dealt with without stoppage of work. (d) . The maximum time for raising a grievance shall be ninety (90) days from the time the incident occurs which gives rise to the grievanceHowever, in the case of suspensions and dismissals the maximum time for raising a grievance shall be fifteen (15) days from the date of receipt by the employee of written notification of said discipline. In the event arbitration is desired, written notice must be given within the ninety (90) day time period. Time limits under this clause may clausemay be extended by mutual agreement between the parties. Failing mutual agreement to extend the time limitlimits, a grievance not raised and processed within the aforestated time period periods shall be deemed abandoned and all rights or recourse including arbitration in respect of this grievance shall be at an end. (e) . If the grievance is not satisfactorily concluded satisfactorilyconcluded under procedures (a) and (b), then it shall be dealt with by arbitration in accordance with the following procedure: i. : The party desiring to arbitrate under this procedure shall notify the other party in writing of this intention and the particulars of the matter in dispute. ii. The party receiving such notice shall within five (5) days thereafter confirm such notification in writing. iii. The parties shall then confer and shall within five (5) days choose a single arbitrator to arbitrate the dispute and shall abide by the decision of such arbitrator. The arbitrator shall be chosen by mutual agreement of the parties. Failing mutual agreement, the Minister of Labour will be asked to select the arbitrator. iv. Once the arbitrator is chosen and if either party to the dispute desires it, the following procedure shall take place within a further five (5) days: v. The : Company and the Union shall each select a person active in the towboat industry to sit with the arbitrator during this arbitration hearing. Such persons shall be available to the arbitrator jointly, but not individually at his discretion, to advise him on any matters which he, the arbitrator, deems advisable. These persons, who shall be known as advisors shall take no part in the hearing other than to be available for technical advice during the hearing. Nor shall they take part in the making or publishing of the award of an arbitrator. vi. The arbitrator shall be entitled to accept or reject any advice he may have received from such persons, but he shall not in his award, make reference to such persons, or to any advice he may have received, or to his acceptance or acceptanceor rejection thereof. vii. The Board of Arbitration shall not have any power to alter any of the terms of this Agreement nor to substitute new provisions for existing provisions nor to give any decision inconsistent with the terms of this Agreement. viii. The expenses of the Arbitration Board chairman shall be borne equally by the parties. ix. Expedited Arbitration Process a) By mutual agreement, the parties may refer any grievance or group of grievances (related or unrelated) properly submitted in accordance Union representatives shall be access to Company property and aboard Company vessels by checking with the provisions Company office. It is that these visits will not interfere with the sailing or maintenance of 1.05 to expedited arbitration. b) Except as otherwise providedthe vessel. At the time when the Company office is not open, the expedited arbitration hearings permission shall be held within thirty (30) days obtained the Master of the date of appointment of a single arbitrator whom vessel. It is agreed that the parties shall jointly select from the following agreed upon arbitrators: Xxxx Xxxxxx, Xxxx Xxxxx and Xxxx Xxxxxxx. This list will be jointly reviewed Company assumes no liability for injury to any Union representative while he is on an annual basis and changes may be mutually made at any time on request of either partyCompany property. c) Where none of the above mentioned arbitrators are available within the required thirty days