Common use of COMPLAINT/GRIEVANCE AND ARBITRATION PROCEDURE Clause in Contracts

COMPLAINT/GRIEVANCE AND ARBITRATION PROCEDURE. Purpose (a) The College, the Union and Faculty Members recognize the desirability of prompt resolution of complaints and grievances through an orderly process without stoppage of work or refusal to perform work. The process comprises three sequential stages: complaint, grievance and arbitration. Except as provided in this article, the complaint stage is a prerequisite for proceeding to the grievance stage. The grievance stage is a prerequisite for proceeding to the arbitration stage. (b) Notwithstanding clause 11.1 (a), in extraordinary circumstances and subject to the approval of the grievor, the parties may agree to bypass an internal step or proceed directly to the arbitration stage. 11.2 For the purpose of reaching a solution through an informal process, a Faculty Member who feels unjustly treated by any action or lack of action by the College - including matters that meet the definition of a grievance in clause 11.4 - shall first discuss that complaint with the Faculty Member’s immediate supervisor. This shall be done not later than twenty-one (21) days after the circumstances giving rise to the complaint have occurred or of the date the matter has, or ought reasonably to have, come to the attention of the Faculty Member. The Faculty Member may have a Union representative present if so desired by the Faculty Member. The immediate supervisor’s response to the complaint shall be given not later than fourteen (14) days after the discussion with the Faculty Member. 11.3 The following may initiate a grievance: (a) a Faculty Member on the Faculty Member’s own behalf or on behalf of the Faculty Member and one or more other Faculty Members (in the latter case, all Faculty Members on whose behalf the grievance is submitted shall affix their signatures to the written grievance); (b) the Union; (c) the College; and, in so doing, shall be referred to as a “grievor”.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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COMPLAINT/GRIEVANCE AND ARBITRATION PROCEDURE. Purpose (a) The College, the Union and Faculty Members recognize the desirability of prompt resolution of complaints and grievances through an orderly process without stoppage of work or refusal to perform work. The process comprises three sequential stages: complaint, grievance and arbitration. Except as provided in this article, the complaint stage is a prerequisite for proceeding to the grievance stage. The grievance stage is a prerequisite for proceeding to the arbitration stage. (b) Notwithstanding clause 11.1 (a), in extraordinary circumstances and subject to the approval of the grievor, the parties may agree to bypass an internal step or proceed directly to the arbitration stage.. Complaint Stage 11.2 (a) For the purpose of reaching a solution through an informal process, a Faculty Member who feels unjustly treated by any action or lack of action by the College - including matters that meet the definition of a grievance in clause 11.4 - shall first discuss that complaint with the Faculty Member’s immediate supervisor. This shall be done not later than twenty-one (21) days after the circumstances giving rise to the complaint have occurred or of the date the matter has, or ought reasonably to have, come to the attention of the Faculty MemberEmployee. The Faculty Member may have a Union representative present if so desired by the Employee. The Faculty MemberMember will advise their immediate supervisor if a Union Representative will be present. The immediate supervisor will advise the Faculty Member if other College representatives will be at the meeting. The immediate supervisor’s response to the complaint shall be given not later than fourteen (14) days after the discussion with the Faculty Member. 11.3 (b) In the event that the complaint is related to a hiring competition, the Faculty Member shall first discuss that complaint with the College manager responsible for that specific hiring competition. Grievance Stage The following may initiate a grievance: (a) : a Faculty Member on the Faculty Member’s own behalf or on behalf of the Faculty Member and one or more other Faculty Members (in the latter case, all Faculty Members on whose behalf the grievance is submitted shall affix their signatures to the written grievance); (b) ; the Union; (c) ; the College; and, in so doing, shall be referred to as a “grievor”.. Definition of Grievance A grievance is defined as a dispute in writing concerning the application, interpretation, or alleged violation of an article or articles of this Collective Agreement. A grievance shall be submitted in writing and shall include a description stating the nature of the grievance and the article(s) of this Collective Agreement that have allegedly been violated together with the redress requested. The grievance shall be signed by the grievor and may be clarified by the grievor providing the substance of the grievance is not changed. The reasons supporting the grievance shall be set out in the grievance. Additional reasons or article(s) of this Collective Agreement that have allegedly been violated that become known to the grievor subsequent to the submission of the grievance may be added to the grievance at the time they become known to the grievor by notifying the respondent in writing at that time. The redress stated in the grievance shall not limit the resolution that can be sought by the grievor. The lack of specificity of the reasons shall not, in itself, be cause for disallowing a grievance. In the case of a Faculty-initiated grievance, the Union may act on behalf of the Faculty Member at step one of the grievance including signing the grievance when authorized by the grievor. Withdrawal of Grievance A grievor may withdraw a grievance at any step of the grievance/ arbitration process by giving written notice to the respondent. The respondent to a Faculty- initiated or Union-initiated grievance is the College. The respondent to a College- initiated grievance is the Union. Grievance Deemed Abandoned If a grievor fails to initiate or process a grievance within the time limits prescribed in this article, the grievance shall be deemed to be abandoned, and all rights of recourse to the grievance and arbitration procedures under this Collective Agreement shall be at an end. If the respondent fails to reply to a grievance within the prescribed time limits, the grievance may be processed to the next step. The parties may, by agreement in writing, extend the time limits, providing such extension is requested prior to the expiry of the time allowed. Grievance: Faculty-Initiated

Appears in 1 contract

Samples: Collective Agreement

COMPLAINT/GRIEVANCE AND ARBITRATION PROCEDURE. Purpose (a) The College, the Union and Faculty Members Employees recognize the desirability of prompt resolution of complaints and grievances through an orderly process without stoppage of work or refusal to perform work. The process comprises three sequential stages: complaint, grievance and arbitration. Except as provided in this article, the complaint stage is a prerequisite for proceeding to the grievance stage. The grievance stage is a prerequisite for proceeding to the arbitration stage. (b) Notwithstanding clause 11.1 (a), in extraordinary circumstances and subject to the approval of the grievor, the parties may agree to bypass an internal step or proceed directly to the arbitration stage. 11.2 For the purpose of reaching a solution through an informal process, a Faculty Member an Employee who feels unjustly treated by any action or lack of action by the College - including matters that meet the definition of a grievance in clause 11.4 - shall first discuss that complaint with the Faculty MemberEmployee’s immediate supervisor. This shall be done not later than twenty-one (21) days after the circumstances giving rise to the complaint have occurred or of the date the matter has, or ought reasonably to have, come to the attention of the Faculty MemberEmployee. The Faculty Member Employee may have a Union representative present if so desired by the Faculty MemberEmployee. The immediate supervisor’s response to the complaint shall be given not later than fourteen (14) days after the discussion with the Faculty MemberEmployee. 11.3 The following may initiate a grievance: (a) a Faculty Member an Employee on the Faculty MemberEmployee’s own behalf or on behalf of the Faculty Member Employee and one or more other Faculty Members Employees (in the latter case, all Faculty Members Employees on whose behalf the grievance is submitted shall affix their signatures to the written grievance); (b) the Union; (c) the College; and, in so doing, shall be referred to as a “grievor”.

Appears in 1 contract

Samples: Collective Agreement

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COMPLAINT/GRIEVANCE AND ARBITRATION PROCEDURE. Purpose (a) The College, the Union and Faculty Members recognize the desirability of prompt resolution of complaints and grievances through an orderly process without stoppage of work or refusal to perform work. The process comprises three sequential stages: complaint, grievance and arbitration. Except as provided in this article, the complaint stage is a prerequisite for proceeding to the grievance stage. The grievance stage is a prerequisite for proceeding to the arbitration stage. (b) Notwithstanding clause 11.1 (a), in extraordinary circumstances and subject to the approval of the grievor, the parties may agree to bypass an internal step or proceed directly to the arbitration stage. 11.2 For the purpose of reaching a solution through an informal process, a Faculty Member who feels unjustly treated by any action or lack of action by the College - including matters that meet the definition of a grievance in clause clause 11.4 - shall first discuss that complaint with the Faculty Member’s immediate supervisor. This shall be done not later than twenty-one (21) days after the circumstances giving rise to the complaint have occurred or of the date the matter has, or ought reasonably to have, come to the attention of the Faculty Member. The Faculty Member may have a Union representative present if so desired by the Faculty Member. The immediate supervisor’s response to the complaint shall be given not later than fourteen (14) days after the discussion with the Faculty Member. 11.3 The following may initiate a grievance: (a) a Faculty Member on the Faculty Member’s own behalf or on behalf of the Faculty Member and one or more other Faculty Members (in the latter case, all Faculty Members on whose behalf the grievance is submitted shall affix their signatures to the written grievance); (b) the Union; (c) the College; and, in so doing, shall be referred to as a “grievor”.

Appears in 1 contract

Samples: Collective Agreement

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