Common use of COMPLAINTS AND GRIEVANCES Clause in Contracts

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 7.01 If an employee has a complaint concerning the application, interpretation, administration, or alleged violation of any of the provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Supervisor or designate within five (5) business days after the circumstance giving rise to the complaint. The Supervisor or designate will give his/her answer to the 7.02 If such complaint or question is not settled to the satisfaction of the employee, then the following steps of the grievance procedure may be extended by mutual agreementinvoked in order. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse grievance must be lodged within five (5) business days after receiving the Supervisor’s or designate response to the complaint as per article 7.01. STEP 1 Any employee grievance shall be set forth in writing, in duplicate, and shall be presented to the Supervisor. The submissions shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and redress sought. The Supervisor shall review the grievance and reply in writing to the Union within five (5) business days, giving his/her disposition and his/her reason thereof. STEP 2 If a settlement has no not been reached under Step 1, the employee may within five (5) business days of the Supervisor's reply, refer the grievance until to the Nurse Administrator of the Home, at interest, or his/her nominee. The Administrator of the Home or his/her nominee together with the employee and his/her Supervisor, and his/her Xxxxxxx, shall meet within five (5) business days of reference to the Administrator of the Home. The Administrator of the Home shall give his/her reply in writing to the Union within five (5) business days after date of meeting. STEP 3 If settlement has first given not been reached under Step 2, the employee may refer the grievance to his/her Union Grievance Committee which may within five (5) business days of the Administrator's reply refer the grievance to the Director of Nursing and Personal Care an opportunity Human Resources or his/her designate. Within five (5) business days the Director of adjusting Human Resources or his/her designate together with such other representation as may be chosen to represent the complaintEmployer shall meet with the Union Grievance Committee to discuss the grievance. At this meeting a full-time representative of the Union may be present, if his/her presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union within five (5) business days after such meeting. If a Nurse has a complaintgrievance is not settled to the satisfaction of either party to this Agreement by the procedure outlined above, she then either party may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise reply of the Director of Human Resources, refer the grievance to it to arbitration in accordance with the Administrator, who shall render a decision provisions contained in Article 9. 7.03 Any of the time allowances provided in the Article may be extended by mutual agreement in writing between the Union and the Employer. 7.04 Notwithstanding the provisions of the Ontario Labour Relations Act, any grievance not initiated or appealed at any stage of the grievance procedure, including reference to arbitration within ten (10) the limits stipulated, shall be considered settled on the basis of the last decision and NOT subject to further appeal. 7.05 No employee written reprimand shall be entered in an employee's personnel file unless the employee and Local Recording Secretary or designate are given a copy of such written reprimand. 7.06 Saturdays and Sundays and paid holidays shall not be considered working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days scope of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenArticle.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any Employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. b) All complaints and grievances shall be taken up in following manner: A Nurse, who may have the assistance of an Step Number 1 An Employee Representative, may present having a grievance in writing question or complaint shall refer it to his immediate Supervisor within ten eight (10) 8) working days of the circumstances actual occurrence leading to the question or complaint. The Supervisor shall reply to the Employee, giving rise the answer to it the complaint or question within four (4) working days from date of submission. Step Number 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, the Employee, who may request the assistance of his or her Xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the Employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, who and that the Employee may have his Xxxxxxx and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the Employee or the Employer. The decision of the Administrator or his designated representative shall render a decision be given in writing within five (5) working days following the meeting. Step Number 3 Should the Administrator fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number 2 is given, or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 7.01 If an employee has a complaint concerning the grievance procedure may be extended by mutual agreement. Saturdaysapplication, Sundaysinterpretation, and paid holidays shall not be counted in determining the time in which administration, or alleged violation of any action is to be taken or completed in any steps of the Grievance provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Supervisor or Arbitration Procedures. 8.02 designate within five (5) business days after the circumstance giving rise to the complaint. The Supervisor or designate will give his/her answer to the complaint within five (5) business days after it has been brought to his/her attention. (It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse an employee has no grievance until the Nurse he/she has first given the Director of Nursing and Personal Care his/her Supervisor an opportunity of adjusting the complaint.) 7.02 If such complaint or question is not settled to the satisfaction of the employee, then the following steps of the grievance procedure may be invoked in order. If It is understood that a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care grievance must be lodged within ten five (105) business days after she becomes aware of receiving the circumstances giving rise Supervisor’s or designate response to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may as per article 7.01. STEP 1 Any employee grievance shall be taken up as a grievance, set forth in writing, in duplicate, and shall be presented to the Supervisor. The submissions shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and redress sought. The Supervisor shall review the grievance and reply in writing to the Union within ten five (105) days following the Director of Nursing business days, giving his/her disposition and Personal Care's decision. 8.03 Should his/her reason thereof. STEP 2 If a grievance arisesettlement has not been reached under Step 1, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who employee may have the assistance of an Employee Representative, may present a grievance in writing within ten five (105) working business days of the circumstances giving rise to it Supervisor's reply, refer the grievance to the AdministratorAdministrator of the Home, who at interest, or his/her nominee. The Administrator of the Home or his/her nominee together with the employee and his/her Supervisor, and his/her Xxxxxxx, shall render a decision meet within five (5) business days of reference to the Administrator of the Home. The Administrator of the Home shall give his/her reply in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her Union within the time limits noted above. The grievance shall be discussed with Association Representatives within ten five (105) working business days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the after date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenmeeting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 10.01 If an employee has a complaint concerning the application, interpretation, administration, or alleged violation of any of the provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Foreperson or immediate supervisor. The Foreperson or immediate supervisor will give his/her answer to the complaint within two (2) working days after it has been brought to his/her attention. (It is understood that an 10.02 If such complaint or question is not settled to the satisfaction of the employee then the following steps of the grievance procedure may be extended by mutual agreementinvoked in order. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care must be lodged within ten (10) working days after she becomes aware of the circumstances giving rise to the complaint have such a grievance has occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may . STEP 1 Any employee grievance shall be taken up as a grievance, set forth in writing, in duplicate and shall be presented to his/her immediate Foreperson. The grievance shall be signed by both the grievor and a Union Xxxxxxx. The grievance shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and the redress sought. The Foreperson shall review the grievance and reply in writing to the Union Xxxxxxx within ten two (102) working days following giving his/her disposition and his/her reason therefore. A copy of the Director of Nursing reply will be provided to the grievor and Personal Care's decisionthe Union Recording Secretary or designate. 8.03 Should STEP 2 If a settlement has not been reached under Step No. 1, the Xxxxxxx may within two (2) working days of the Foreperson's reply, refer the grievance to the Divisional Director at interest or his/her nominee. The Divisional Director or his/her nominee together with the employee and his/her Foreperson, and his/her Xxxxxxx and the Chief Xxxxxxx in cases of discipline or discharge shall meet within five (5) working days of reference to the Divisional Director. The Divisional Director shall give his/her reply in writing to the Xxxxxxx within two (2) working days after date of meeting. A copy of the reply will be provided to the grievor and the Union Recording Secretary or designate. STEP 3 If a settlement has not been reached under Step No. 2, the Xxxxxxx may refer the grievance to his/her Union Grievance Committee, which may within five (5) working days of the Director’s reply refer the grievance to the Commissioner of Employee and Business Services. Within eight (8) working days the Commissioner of Employee and Business Services or his/her nominee together with such other representation as may be chosen to represent the Employer shall meet with the grievor and the Union Grievance Committee to discuss the grievance. At this meeting a full-time representative of the Union may be present, if his/her presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union and the Chief Xxxxxxx within five (5) working days after such meeting with a copy to the grievor, Chief Xxxxxxx and the Recording Secretary of the Local or designate. If a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient is not settled to the Corporation. 8.04 Grievances properly arising under satisfaction of either party to this Agreement shall be adjusted and settled as follows: A Nurseby the procedure outlined above, who then either party may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise reply of the Commissioner of Employee and Business Services refer the grievance to it Arbitration in accordance with the provisions contained in Article 13. 10.03 Any of the time allowances provided in this Article may be extended by mutual agreement in writing between the Union and the Employer and a copy to the AdministratorRecording Secretary or designate. 10.04 Any grievance not initiated or appealed at any stage of the grievance procedure including reference to arbitration within the time limits stipulated shall be considered on the basis of the last decision and not subject to further appeal. Section 44 (6) of the Labour Relations Act, who R.S.O. 1980, Chapter 228, as amended, shall render not apply to this Agreement. 10.05 An employee’s earnings shall be corrected by the second pay following the resolution of a decision grievance concerning an employee’s wages where the grievance is resolved in writing the employee’s favour. Any correction of $200 or more will be corrected within ten (10) working days following the day days. 10.06 When a Foreperson or Supervisor intends to impose discipline on which the grievance was submitted. If this decision is unsatisfactoryan employee, Step No. 2 may such discipline will be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred presented to the General Manager, Long-Term Care by submitting it to him/her within employee and the time limits noted above. The grievance shall be discussed with Association Representatives Union within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date Foreperson and/or Supervisor becoming aware of the discussions. If this decision is considered unsatisfactory then Step No. 3 may incident which gave rise to the discipline, unless the situation requires more extensive investigation in which case the Union will be invoked within tennotified of the requirement to extend the timelines.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 12.1 It is the mutual desire of the parties hereto that complaints of the Nurses nurses covered by this Collective Agreement shall be adjusted as quickly as possible, . Such complaints shall be acted upon in the following manner and it sequence: Step 1: It is understood agreed that a Nurse nurse has no grievance until the Nurse nurse has first given the Director Assistant Manager of Nursing and Personal Care or designate an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, Such complaint shall be discussed with the assistance Assistant Manager of a Nurse Representative, discuss it with the Director of Nursing and Personal Care or designate within ten (10) working days after she becomes aware of the circumstances giving rise to the complaint have occurredoccurred or ought reasonably to have come to the attention of the nurse. The Director of Nursing and Personal Manager, Resident Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor or designate will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing reply within ten (10) working days after the discussion of the circumstances giving rise to complaint. The nurse may be accompanied by a nurse representative during discussion of the complaint, if the nurse so desires. Failing settlement, it may then be taken up as a grievance within ten (10) working days following the reply of the Manager, Resident Care or designate. Step 2: If the nurse is satisfied that there is a grievance, the nurse shall present such grievance in writing to the AdministratorManager, who shall render a Resident Care or designate and the nurse may have the assistance of the nurse representative if the nurse desires. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, the remedy sought and the section or sections of the agreement which are alleged to have been violated. The Manager, Resident Care or designate will deliver the decision in writing to the grievor and the Bargaining Unit President within ten (10) working days following the day on which the grievance was submittedis presented. If this decision is unsatisfactory, Failing settlement – then Step No. 2 3 may be invoked invoked. Step 3: Within ten (10) working days following the decision of the Manager, Resident Care or designate under Step No. 2, the Grievance Committee may submit the written grievance to the Director of Employee Relations or designate. A meeting will be arranged within ten (10) working days with the Director Seniors’ Services or designate in attendance at which time the matter will be reviewed. The Director of Employee Relations or designate will deliver the decision in writing to the grievor and the Bargaining Unit President or designate within ten (10) working days from receipt of the Administrator’sdate on which the meeting was held under Step No. 3. 12.2 The Employer may, reply. The grievance may be referred at its discretion, refuse to consider a grievance, or having considered it, refuse to agree to the General Managerarbitration of any matter, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten alleged circumstances of which occurred more than fifteen (1015) working days prior to the filing of the submission grievance in writing. 12.3 Any difference arising directly between the Employer and the General ManagerUnion involving the interpretation, Long-Term Care shall make his decision known within ten (10) working days following the date application or alleged violation of the discussions. If this decision is considered unsatisfactory then Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step No. 3 may of the grievance procedure. Any grievance by the Employer or the Union as provided in this paragraph, shall be invoked commenced within tenthirty-five

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 7.01 If an employee has a complaint concerning the grievance procedure may be extended by mutual agreement. Saturdaysapplication, Sundaysinterpretation, and paid holidays shall not be counted in determining the time in which administration, or alleged violation of any action is to be taken or completed in any steps of the Grievance provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Supervisor or Arbitration Procedures. 8.02 designate within five (5) business days after the circumstance giving rise to the complaint. The Supervisor or designate will give his/her answer to the complaint within five (5) business days after it has been brought to his/her attention. (It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse an employee has no grievance until the Nurse he/she has first given the Director of Nursing and Personal Care his/her Supervisor an opportunity of adjusting the complaint.) 7.02 If such complaint or question is not settled to the satisfaction of the employee, then the following steps of the grievance procedure may be invoked in order. It is understood that a grievance must be lodged within five (5) business days after receiving the Supervisor’s or designate response to the complaint as per Article STEP 1 Any employee grievance shall be set forth in writing, in duplicate, and shall be presented to the Supervisor. The submissions shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and redress sought. The Supervisor shall review the grievance and reply in writing to the Union within five (5) business days, giving his/her disposition and his/her reason thereof. STEP 2 If a settlement has not been reached under Step 1, the employee may within five (5) business days of the Supervisor's reply, refer the grievance to the Administrator of the Centre, at interest, or his/her nominee. The Administrator of the Centre or his/her nominee together with the employee and his/her Supervisor, and his/her Xxxxxxx, shall meet within five (5) business days of reference to the Administrator of the Centre. The Administrator of the Centre shall give his/her reply in writing to the Union within five (5) business days after date of meeting. STEP 3 If settlement has not been reached under Step 2, the employee may refer the grievance to his/her Union Grievance Committee which may within five (5) business days of the Administrator's reply refer the grievance to the Director of Human Resources or his/her designate. Within five (5) business days the Director of Human Resources or his/her designate together with such other representation as may be chosen to represent the Employer shall meet with the Union Grievance Committee to discuss the grievance. At this meeting a full-time representative of the Union may be present, if his/her presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union within five (5) business days after such meeting. If a Nurse has a complaintgrievance is not settled to the satisfaction of either party to this Agreement by the procedure outlined above, she then either party may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise reply of the Director of Human Resources, refer the grievance to it to arbitration in accordance with the Administrator, who shall render a decision provisions contained in Article 9. 7.03 Any of the time allowances provided in the Article may be extended by mutual agreement in writing between the Union and the Employer. 7.04 Notwithstanding the provisions of the Ontario Labour Relations Act, any grievance not initiated or appealed at any stage of the grievance procedure, including reference to arbitration within ten (10) the limits stipulated, shall be considered settled on the basis of the last decision and NOT subject to further appeal. 7.05 No employee written reprimand shall be entered in an employee's personnel file unless the employee and Local Recording Secretary or designate are given a copy of such written reprimand. 7.06 Saturdays and Sundays and paid holidays shall not be considered working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days scope of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenArticle.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned 7.01 In case a grievance arises in the grievance procedure may plant, an honest effort shall be extended made to settle the difference in the following manner: 7.02 There shall be a Grievance Committee consisting of two (2) employees selected by mutual agreement. Saturdaysthe Union, Sundays, and paid holidays shall not be counted one (1) of whom will have been in determining the time in which any action is employ of the Company for one (1) year; the remaining member will have completed his probationary period. 7.03 The Union agrees to be taken or completed in any steps advise the Company of the names of the members of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievanceCommittee, in writing, within ten (10) days following the Director of Nursing and Personal Care's decisionalso any changes from time to time. 8.03 Should 7.04 In the event of a grievance ariseclaim that an employee has been discharged or suspended unjustly or unreasonably, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted filed at the Second Step of the Grievance Procedure immediately and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing any event within ten five (105) working days after the occurrence of the event in question. 7.05 Employees discharged or suspended shall be notified in writing by the Company of the reasons for discharge or suspension, and an Officer of the Union Local shall be notified. 7.06 Management shall normally warn the employee before suspending or discharging. However, it is acknowledged that the Company can dispense with such warning whenever it feels that circumstances giving rise warrant such action. Any employee suspended or discharged shall have the right to it see the Unit Chairperson or a Committeeman before leaving the plant. Whenever an employee is issued a letter of discipline while at work, a member of the Local Union Executive or a Shop Xxxxxxx will be present. The non- availability of a Union representative will not delay the discipline process nor shall invalidate any discipline imposed. (a) Any warning of a serious nature shall be reduced to writing by the Company. A copy of same shall be provided to the Administratoremployee and to the Unit Chairperson, who and such written warning shall render become a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt part of the Administrator’s, reply. The grievance may be referred employee's service record. (b) A recorded offence issued to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance an employee shall be discussed with Association Representatives within ten deleted from the employee’s record after a period of eighteen (1018) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the months from its date of issue, and once deleted shall in no way be used against the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenemployee.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any Employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. b) All complaints and grievances shall be taken up in the following manner: A NurseStep Number 1 Before the Union submits a grievance, who may the employer shall request a meeting with their Department Manager at which meeting the details of the complaint will be provided. The Employee shall have the assistance of an Employee Representative, may present right to have a grievance Union Xxxxxxx in writing attendance. The meeting will be requested within ten five (105) working days of the circumstances actual occurance leading to the complaint. The Supervisor shall reply to the Employee, giving rise the answer to the complaint within five (5) working days from date of the meeting. Step Number 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, a Xxxxxxx will record the employee’s complaint in a grievance form, which will provide details of the complaint and remedy sought, have it dated and signed, and then submitted to the Administrator. A meeting will then be held between the Administrator or his designated representative and a Union Xxxxxxx. It is understood that at such meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, who and that the Xxxxxxx may be accompanied by the employee and that the USW Union Representative or an International Representative of the Union may also be present at the request of either the Employee or the Employer. The decision of the Administrator or his designated representative shall render a decision be given in writing within five (5) working days following the meeting. Step Number 3 Should the Administrator fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step Number 2 is given, or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 7.01 If an employee has a complaint concerning the application, interpretation, administration, or alleged violation of any of the provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Supervisor or designate within five 5 working days after the circumstance 7.02 If such complaint or question is not settled to the satisfaction of the employee, then the following steps of the grievance procedure may be extended by mutual agreementinvoked in order. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse grievance must be lodged within five (5) working days after receiving the Supervisor’s or designate response to the complaint as per article 7.01. STEP 1 Any employee grievance shall be set forth in writing, in duplicate, and shall be presented to the Supervisor. The submissions shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and redress sought. The Supervisor shall review the grievance and reply in writing to the Union within two (2) working days, giving his/her disposition and his/her reason thereof. STEP 2 If a settlement has no not been reached under Step 1, the employee may within two (2) working days of the Supervisor's reply, refer the grievance until to the Nurse Administrator of the Home, at interest, or his/her nominee. The Administrator of the Home or his/her nominee together with the employee and his/her Supervisor, and his/her Xxxxxxx, shall meet within five (5) working days of reference to the Administrator of the Home. The Administrator of the Home shall give his/her reply in writing to the Union within two (2) working days after date of meeting. STEP 3 If settlement has first given not been reached under Step 2, the employee may refer the grievance to his/her Union Grievance Committee which may within two (2) working days of the Administrator's reply refer the grievance to the Director of Nursing and Personal Care an opportunity Human Resources or his/her designate. Within five (5) working days the Director of adjusting Human Resources or his/her designate together with such other representation as may be chosen to represent the complaintEmployer shall meet with the Union Grievance Committee to discuss the grievance. At this meeting a full-time representative of the Union may be present, if his/her presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union within five (5) working days after such meeting. If a Nurse has a complaintgrievance is not settled to the satisfaction of either party to this Agreement by the procedure outlined above, she then either party may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise reply of the Director of Human Resources, refer the grievance to it to arbitration in accordance with the Administrator, who shall render a decision provisions contained in Article 9. 7.03 Any of the time allowances provided in the Article may be extended by mutual agreement in writing between the Union and the Employer. 7.04 Notwithstanding the provisions of the Ontario Labour Relations Act, any grievance not initiated or appealed at any stage of the grievance procedure, including reference to arbitration within ten (10) the limits stipulated, shall be considered settled on the basis of the last decision and NOT subject to further appeal. 7.05 No employee written reprimand shall be entered in an employee's personnel file unless the employee and Local Recording Secretary or designate are given a copy of such written reprimand. 7.06 Saturdays and Sundays and paid holidays shall not be considered working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days scope of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenArticle.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 9.01 Grievances properly arising under this Agreement shall be adjusted and settled taken up in the following manner: i) If an employee has a complaint he wishes to bring to the attention of the Company, he shall take the matter up orally with his immediate supervisor. The employee may, if he wishes, be accompanied by his Xxxxxxx when discussing any complaint with his supervisor. ii) Step 1 - If the reply of the supervisor is not satisfactory to the employee concerned, the complaint may be submitted as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing appropriate Plant or Production Manager within ten three (103) working days following the day on which supervisor's discussion and the complaint shall be stated in writing, dated and signed. The appropriate Plant or Production Manager will meet with the employee concerned and the Union Committee to discuss the grievance was submitted. If this decision is unsatisfactoryand will give his or her reply in writing, Step No. 2 may be invoked within ten three (103) working days from receipt after the said meeting. iii) Step 2 - If the reply of the Administrator’s, reply. The grievance may be referred appropriate Plant or Production Manager is not satisfactory to the General Manageremployee concerned, Long-Term Care by submitting it to him/her the grievance may, within the time limits noted above. The grievance shall be discussed with Association Representatives within ten three (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (103) working days following the date of the discussionssaid reply be submitted to the Vice President of Operations or his designate. If this decision is considered unsatisfactory then Step No. 3 The Executive Vice President and/or such other persons as may be invoked designated by the Company, will meet with the Union Committee to discuss the grievance. At this meeting, a full- time representative of the Union may be present if his presence is requested by either party. The Executive Vice President of Operations or designates will give their reply to the grievance, in writing, within tenfive (5) working days after the said meeting has been held. 9.02 If a grievance is to be referred to arbitration, the request for arbitration must be made within twenty (20) days after the date of the Company Executive Vice President of Operation’s reply to the grievance. 9.03 Any of the time allowances provided in this Article may be extended by mutual agreement, in writing, between the parties concerned. 9.04 The Company may refuse to consider any complaint or grievance, the circumstances of which arise more than ten working days before it was brought to the attention of the Company. (a) An employee who has been disciplined for absenteeism or lateness shall have the disciplinary action removed from his or her record if he or she has a clean record for a period of 12 months following the date of the most recent disciplinary action. (b) If an employee is disciplined for a production, maintenance, shipping or quality matter (but not including a safety matter), then the disciplinary action for the matter will be removed from the employee’s record 18 months after the discipline is given, provided the employee receives no further disciplinary action for a major production, maintenance, shipping or quality matter during the 18 months. (c) An employee who has been disciplined for any other reason shall have the disciplinary action removed from his or her record if he or she has a clean record for period of 36 months following the date of the most recent disciplinary action. 9.06 If a grievance affects more than one employee, then one grievance signed by an employee shall suffice as a grievance from all the employees.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the (a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner: A NurseComplaint Step/Early Resolution An employee having a question or complaint shall refer it to her immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The immediate supervisor shall reply to the employee, who giving the answer to the complaint or question within four (4) working days from date of submission. It is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. The grievor may have the assistance of an Employee Representativea Union Xxxxxxx if she so desires. Step 1 If the matter is not settled, then within five (5) working days after the decision is given by the immediate supervisor, the Union Xxxxxxx may present a submit the grievance in writing within ten (10) working days to the immediate supervisor. A meeting will then be held between the immediate supervisor, the Union Xxxxxxx and the grievor. The decision of the circumstances giving rise to it to the Administrator, who immediate supervisor shall render a decision be given in writing within ten five (105) working days following the day on which submission of the grievance was submitted. grievance. Step 2 If this the matter is not settled or the immediate supervisor failed to render a decision is unsatisfactoryat Step 1, Step No. 2 may be invoked then within ten five (105) working days from receipt of after the Administrator’sdecision is given in Step 1, reply. The the grievance may be referred submitted in writing to the General ManagerExecutive Director. A meeting will then be held between the Executive Director or her designated representative, Long-Term Care by submitting it to him/a maximum of two (2) Union Stewards and the grievor. It is understood that at such a meeting the Executive Director or her within the time limits noted abovedesignated representative may have such counsel and assistance as she may desire. The grievance grievor may have a maximum of two (2) Union Stewards and the SEIU Union Representative or an International Representative of the Union. The decision of the Executive Director or her designated representative shall be discussed with Association Representatives within ten (10) working days of given in writing to the submission Union Xxxxxxx and the General Manager, Long-Term Care shall make his decision known Union Representative within ten five (105) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenmeeting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 11.01 If an employee has a complaint concerning the application, interpretation, administration, or alleged violation of any of the provisions of this Agreement, she/he shall take the matter up orally with her/his immediate Supervisor. The Supervisor will give her/his answer to the complaint within three (3) days after it has been brought to her/his attention. (It is understood that an employee has no grievance until she/he had first given her/his Supervisor an opportunity of adjusting her/his complaint within the three (3) days). 11.02 If such complaint or question is not settled to the satisfaction of the employee then the following steps of the grievance procedure may be extended by mutual agreementinvoked in order. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse grievance must be lodged within seven (7) days after the circumstances giving rise to such a grievance has no occurred. STEP 1 Any employee grievance until shall be set forth in writing, in duplicate and shall be presented to the Nurse employee's immediate Supervisor. The grievance shall be signed by both the grievor and a Union Xxxxxxx. The grievance shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and the redress sought. The Supervisor shall review the grievance and reply in writing to the Union Xxxxxxx within three (3) days giving her/his disposition and her/his explanation therefore. A copy of the reply will be provided to the grievor and the Unit Vice President and the Union Chief Xxxxxxx or designates. STEP 2 If a settlement has first given not been reached under Step No. 1, the Xxxxxxx may within five (5) days of the Supervisor's reply, refer the grievance to the Divisional Director or her/his nominee. The Divisional Director or her/his nominee together with the employee and her/his Supervisor, and her/his Xxxxxxx, shall meet within five (5) days of reference to the Divisional Director. The Divisional Director or her/his nominee shall give her/his disposition and explanation therefore in writing to the Xxxxxxx within five (5) days of the date of meeting. A copy of the reply will be provided to the grievor and the Unit Vice President and the Union Chief Xxxxxxx or designates. If a settlement has not been reached under Step No. 2, the Xxxxxxx may refer the grievance to her/his Union Grievance Committee, which may within five (5) days of the Divisional Director’s reply refer the grievance to the Director of Nursing and Personal Care an opportunity of adjusting the complaintHuman Resources or her/his nominee. If a Nurse has a complaintWithin eight (8) days or as may otherwise be mutually agreed to, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing Human Resources or her/his nominee together with such other representation as may be chosen to represent the Employer shall meet with the grievor, the Xxxxxxx, the Chief Xxxxxxx and Personal Care the Union Unit Vice President or designate to discuss the grievance. At this meeting a full-time representative of the Union may be present, if her/his presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union within ten (10) days after she becomes aware of the circumstances giving rise such meeting with a copy to the complaint have occurredgrievor and the Unit Vice President and the Union Chief Xxxxxxx or designates. The Director If a grievance is not settled to the satisfaction of Nursing and Personal Care should give a decision either party to this Agreement by the procedure outlined above, then either party may within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following of the reply of the Director of Nursing and Personal Care's decisionHuman Resources or her/his designate refer the grievance to Arbitration in accordance with the provisions contained in Article 12. 8.03 Should a grievance arise, 11.03 Any of the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under allowances provided in this Agreement shall Article may be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance extended by mutual agreement in writing within ten (10) working days of between the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission Union and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenEmployer.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is At the time formal discipline is imposed, or at any stage of the grievance procedure may be extended by mutual agreementprocedure, including the complaint stage, an employee shall have the right upon request to the presence of his/her xxxxxxx. SaturdaysIn the case of suspension or discharge, Sundays, and paid holidays the Hospital shall not be counted notify the employee of this right in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 advance. It is the mutual desire of the parties hereto that complaints of the Nurses employees shall be adjusted as quickly as possible, and it is understood that a Nurse an employee has no grievance Page of pages Board of Governors until the Nurse he/she has first given his/her immediate supervisor the Director of Nursing and Personal Care an opportunity of adjusting the his/her complaint. If a Nurse has a complaint, she may, Such complaint shall be discussed with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care his/her immediate supervisor within ten (10) nine calendar days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it have occurred or ought reasonably to have come to the Administratorattention of the employee and, who failing settlement within nine calendar days, it shall render then be taken up as a grievance within nine calendar days following advice of his/her immediate supervisor’s decision in the following manner and sequence: The employee may submit a written grievance signed by the employee to his/her immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his/her decision in writing within ten (10) working nine calendar days following the day on which the grievance was submittedpresented to him/her. If this Failing settlement, then: Within nine calendar days following the decision is unsatisfactory, under Step No. 2 the employee may submit the written grievance to his/her Department Head who will deliver his/her decision in writing within nine calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be invoked within ten (10) working omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine calendar days from receipt of following the Administrator’s, replydecision in Step No. The the grievance may be referred submitted in writing to the General Manager, Long-Term Care by submitting it to himHospital Administrator or his/her designee. A meeting then be held between the Hospital Administrator or his/her designee and the Grievance Committee within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working nine calendar days of the submission of the grievance at Step No. 3 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the General Manager, Longmay be present at the meeting. It is further understood that the Hospital Administrator or his/her designee may have such counsel and assistance as he/she may desire at such meeting. The decision-Term Care f the Hospital shall make his decision known be delivered in writing within ten (10) working nine calendar days following the date of such meeting. A complaint or grievance arising directly between the discussions. If this decision is considered unsatisfactory then Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within fourteen calendardays following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself/herself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Head or his/her designee within fourteen calendar days after the circumstances giving rise to the occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his/her probationary period that he/she has been or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 3 within seven calendar days after the date the discharge or suspension is effected. Such special grievance may be invoked settled under the Grievance or Arbitration Procedure by: confirming the Hospital’s action in dismissing the employee, or reinstating the employee with or without full for the time lost, or by any other arrangement which may be deemed just and equitable, Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his/her probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within teneighteen calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen calendar days after the decision under Step No. it will be deemed to have been received within the time limits. All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be and binding upon the Hospital and the Union and the employees. When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon- such a within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the Grievance and Arbitration Procedure herein are mandatory and failure to comply strictly with such time limits except agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. ARTICLE CLEARING OF RECORD The record of an employee shall not be used against him at any time after twenty-four months following a suspension or disciplinary action, including letters of reprimand or any adverse reports. Each employee shall have reasonable access to his/her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein, in the presence of the Director of Personnel or designate and shop xxxxxxx or union representative of their choice if they so request. An employee has the right to request copies of any-evaluations in this file.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A. Any teacher who has a complaint or grievance about his or her job or working conditions is encouraged to see his or her immediate supervisor. He or she may proceed to the building principal. If still dissatisfied, he or she should proceed to see the Superintendent. If no satisfaction is received there, he or she may request a hearing with the Board of Education. B. The professional employee may have a representative accompany him/her into meetings with administration regarding grievances, discipline, or evaluation. C. Because Board members act only as a body, teachers are urged not to go directly to an individual Board member. D. When a teacher requests a hearing with the Board, it shall be made in writing. The Board must hold a hearing within ten teaching days. The principal and Superintendent shall make a written report to be presented at the hearing. E. When the teacher requests a meeting with the building principal or Superintendent, the decision of the principal or Superintendent shall be made in writing and delivered to the teacher within five (5) teaching days after the meeting with the teacher. If the teacher is dissatisfied with the decision made by the Superintendent, the request for a hearing before the Board of Education must be made within five (5) days after the receipt of the decision of the Superintendent. F. If the teacher is not satisfied with the decision at the conclusion of step E, the teacher may file a written request with the superintendent of schools within five (5) school days after receiving the decision at step E, that the grievance procedure may be extended by mutual agreementsubmitted to an arbitration panel. Saturdays, Sundays, The arbitration panel shall hear the matter promptly in closed session and paid holidays shall will issue its decision not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within later than ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working school days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussionsclose of the hearing. If this The decision of the arbitration panel shall be in writing and shall set forth the findings of fact, reasons and conclusion upon which the decision is considered unsatisfactory then Step Nobased, and the decision so rendered shall be final and binding on all parties. 3 may The “arbitration panel” shall consist of five (5) members to be invoked within tenselected as follows: two (2) members of the HNEA, two (2) members of the Board of Education of USD 412, and one (1) lay member selected by the Board of Education.

Appears in 1 contract

Samples: Negotiated Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in Either the Employer, the union or any employee has the right to lodge a grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which with respect to any action is to be taken or completed in any steps matter arising out of the Grievance interpretation, application or Arbitration Procedures. 8.02 alleged vio- lation of this Agreement. It is the mutual desire of the parties hereto that complaints com- plaints of the Nurses shall Employer or of the employeeshall be adjusted as quickly equitably as possible, and it is understood that a Nurse an em- ployee has no grievance until the Nurse she has first given the Director of Nursing and Personal Care her super- visor an opportunity of adjusting the to adjust her complaint. If any employee has an unsettled complaint within the terms of this Agreement, it may be taken up a Nurse has griev- ance within five (5) days after the circumstances giving rise to the grievance occur, in the following manner and sequence: step The employee shall submit the grievance in writing, signed by to the immediatesupervisor.A meeting will then be held between the employee, the Union Xxxxxxx, the su- pervisor and another management representative as appro- within five (5) full days of the submission of the grievance. The immediate supervisor will deliver her decision in writing within three (3) full days of the meeting. Failing settlement, then within five (5) days: Step The grievance shall be submitted in writing by the desig- nated Union Xxxxxxx to the head of the department. A meet- ing will then be held between the employee, the Union Stew- ard, the Chief Xxxxxxx, the supervisor, and the head of the departmentwithin five (5) full days of the submis- sion of the grievance. The head of the department will de- liver decision within four (4) full days of the meeting. Failing settlement, then within five (5) full days: Step The grievance shall be submitted in writing by the Chief Xxxxxxx to the Chief Executive Officer of the Hospital or designated Hospital representative.A meeting will then be held between the employee, the Union Xxxxxxx, the Chief Xxxxxxx, the general representative of the Union, the super- visor, the bead of the department and the designated Hos- pital representative within five (5) days of the submission of the grievance at Step The decision of the Hospital shall be delivered in writing within ten (10) full days following the date of such meeting. Failing a complaintsettlement under Step of any difference between the parties arising from the interpretation, she mayappli- cation, with administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration as provided in Article If no written request for arbitration is received within ten days after the assistance decision in Step is given, it shall be deemed to have been settled or aban- doned. adjustment arising out of the settlement of any employee’s grievance or the grievance of a Nurse Representativegroup of em- ployees under the Grievance or Arbitration Procedure shall not be made retroactive before the date it was presented thereunder. Saturdays, discuss Sundays and Statutory Holidays will not be counted in determining the time within which any ac- tion is to be taken or completed under the Grievance or Arbitration Procedure. Any and all time limits fixed by this Article and Ar- ticle may be at any time extended by written agreement between the Employer and the Union. All the decisions arrived at between the Hospital and the Union concerning the interpretation or violation of this Agreement which may be considered as policy matters, the difference between the parties shall be reduced to writing by either party and dealt with commencing at Step of the Grievance Procedure herein and if necessary shall proceed in the same manner as the grievance of an employee to ar- bitration. However it with is expressly understood that the Director pro- visions of Nursing this Clause may not be used by the Union to in- stitute a complaint or grievance directly affecting an em- ployee which such employee could herself institute and Personal Care the regular Grievance Procedure shall not be thereby by-passed. Any grievance by the Hospital or the Union as provided in this Clause shall be commenced within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decisionoc- curred. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement: including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner: An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number the employee, who may request the assistance of his or her Xxxxxxx, shall submit the grievance procedure in writing to the Administrator. A meeting will then be held within ten working days between the Administrator or his designated representative and the employee. It is understood that, at such a meeting, the Administrator or his designated representative may have such counsel and assistance as he may desire, that the employee may have his Xxxxxxx, and that the representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten (IO) working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 It is the mutual desire Union committee member or, if either of the parties that complaints above are not available, a member representative of the Nurses shall be adjusted as quickly as possible, and it employee's choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 12.1 It is the mutual desire of the parties hereto that complaints of the Nurses nurses covered by this Collective Agreement shall be adjusted as quickly as possible, . Such complaints shall be acted upon in the following manner and it sequence: Step 1 It is understood agreed that a Nurse nurse has no grievance until the Nurse nurse has first given the Director of Nursing and Personal Coordinator, Resident Care or designate an opportunity of adjusting the complaint. If Such complaint shall be discussed with the Coordinator, Resident Care or designate within five (5) working days after the circumstances giving rise to the complaint have occurred or ought reasonably to have come to the attention of the nurse. The Director of Resident Care or designate will reply within five (5) working days after the discussion of the complaint. The nurse may be accompanied by a Nurse has a nurse representative during discussion of the complaint, she mayif the nurse so desires. Failing settlement, with it may then be taken up as a grievance within five (5) working days following the reply of the Director of Resident Care or designate. Step 2 If the nurse is satisfied that there is a grievance, the nurse shall present such grievance in writing to the Director of Resident Care or designate and the nurse may have the assistance of a Nurse Representativethe nurse representative if the nurse desires. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, discuss it with the remedy sought and the section or sections of the agreement which are alleged to have been violated. The Administrator or designate will deliver the decision in writing to the grievor and the President within five (5) working days following the day on which the grievance is presented. Failing settlement – then Step No. 3 may be invoked. Step 3 Within five (5) working days following the decision of the Director of Nursing and Personal Resident Care or designate under Step No. 2, the Grievance Committee may submit the written grievance to the Director of Employee Relations or designate. A meeting will be arranged within ten (10) working days with the Administrator or designate in attendance at which time the matter will be reviewed. The Director of Employee Relations or designate will deliver the decision in writing to the grievor and the President or designate within five (5) working days from the date on which the meeting was held under Step No. 3. 12.2 The Employer may, at its discretion, refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter, the alleged circumstances of which occurred more than fifteen (15) working days prior to the filing of the grievance in writing. 12.3 Any difference arising directly between the Employer and the Union involving the interpretation, application or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step No. 3 of the grievance procedure. Any grievance by the Employer or the Union as provided in this paragraph, shall be commenced within thirty-five (35) calendar days of the date of the occurrence. No Union grievance shall be presented at Step No. 3 which the nurse, or a group of nurses could normally process as an individual grievance, or a grievance of a group of nurses. 12.4 Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration, as set forth in Article 14. If no written request for arbitration is received within fifteen (15) working days after she becomes aware the decision under Step No. 3 is given, it shall be deemed to have been settled and not eligible for arbitration. 12.5 It is agreed that grievances and replies to grievances shall be in writing in all stages. 12.6 All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and Union and the nurse(s). 12.7 No adjustment affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in computation. 12.8 Where no answer is given to the grievor(s) within the time limit specified in the grievance procedure, the grievor(s) shall be entitled to submit the grievance to the next step of the grievance procedure. 12.9 Working day as used in this Article and Articles 13 and 14, shall mean a day other than Saturday, Sunday or a specified holiday. 12.10 A grievance that is not submitted to the next step within the time limits shall be deemed to be settled and disposition shall be as per the reply given at the preceding step. 12.11 All time limits in the grievance and arbitration procedures may be extended upon mutual agreement of the parties. 12.12 Records of discipline will be removed from the nurse's file after eighteen (18) months provided the nurse's record has been discipline-free for that same period. 12.13 Letters of counsel will be removed from the nurse’s file after eighteen (18) months provided the nurse’s performance issues referenced in the letter have improved during that period. 12.14 Where more than two (2) employees have a common complaint, it may be processed as a group grievance which shall commence within nine (9) working days after the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give Step 1 will be by passed in a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a group grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in If a Registered Nurse has a complaint regarding the application, interpretation, administration or alleged violation of any provisions of this agreement, the Registered Nurse shall take the matter up orally with her/his Supervisor within seven (7) business days after the circumstances giving rise to such grievance procedure may be extended by mutual agreementhave occurred. Saturdays, Sundays, and paid holidays shall not be counted in determining The Supervisor will give her/his answer to the time in which any action is complaint within seven (7) business days after it has been brought to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 her/his attention. It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse Registered Xxxxx has no grievance until the Nurse she/he has first given the Director of Nursing and Personal Care her/his Supervisor an opportunity of adjusting the complaint. . 8.02 If a Nurse has a complaintsuch complaint or question is not settled to the satisfaction of the Registered Nurse, she may, with then the assistance following steps of a Nurse Representative, discuss it with the Director of Nursing Grievance Procedure may be invoked in order: Step 1 The Registered Xxxxx's grievance shall be set forth in writing and Personal Care shall be presented to her/his Supervisor within ten seven (107) business days after she becomes aware of the circumstances giving rise to the complaint such grievance have occurred. The submission shall include reference to the specific clause and article of the agreement allegedly violated or misinterpreted and redress sought. The Supervisor and/or Director of Nursing Care shall meet with the Registered Nurse and Personal the Registered Nurse representative within seven (7) business days to review the grievance. The reply will be in writing to the Union within seven (7) business days, giving her/his disposition and her/his reason thereof. Step 2 If a settlement has not been reached under Step 1, the Union may refer the grievance to the Administrator or designate and the Grievance Committee within seven (7) business days of the Supervisor's/ Director of Care’s Step 1 reply. The Administrator of the Centre and the Director of Care should give or designate nominee, together with the Registered Nurse, and Representative(s) of the Grievance Committee shall meet within seven (7) business days of the receipt of the referral to Step 2. It is understood and agreed that a decision representative of the Ontario Nurses’ Association will be present at the meeting. The Administrator of the Centre may also request the presence of a Human Resources Representative. Written reply to the grievance shall be given to the Union within ten seven (107) business days following after such discussion and failing settlementmeeting. If a grievance is not settled to the satisfaction of either party to this agreement by the procedure outlined above, it may then either party may, within fourteen (14) business days of the reply of the Administrator or Human Resources Representative, refer the grievance in accordance with the provisions contained in Article 9.09. 8.03 A claim by a Registered Nurse that she/he has been unjustly disciplined will be taken up treated as a grievancegrievance at step 1 of the grievance procedure. A claim by a Registered Nurse that she/he has been unjustly suspended or discharged from her/his employment, will be treated as a special grievance commencing at Step 2 of the Grievance Procedure, providing such claim is filed within seven (7) business days after the suspension or discharge occurs. A Registered Nurse shall have a Union representative present at disciplinary interviews unless the Registered Nurse waives the right in writing, within ten (10) days following after consultation with a Union Representative. The Employer will advise the Director Registered Nurse of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient her/his right to representation prior to the Corporationcommencement of such interviews. While the Registered Nurse is entitled to written reason(s) for disciplinary action taken against her/him, she/he is not entitled to receive them prior to the imposition of discipline. However, she/he is entitled to be apprised verbally of the nature of the Employer's complaint. 8.04 Grievances properly arising under Any of the time allowances provided in this Agreement Article may be extended by mutual agreement in writing between the Union and the Employer. In the event the parties agree to waive Step 1 of the grievance procedure, such agreements shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance confirmed in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenwriting.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. An employee who has a complaint shall discuss it with her immediate supervisor either alone or accompanied by a Union Xxxxxxx. Should an employee not receive satisfaction from her immediate supervisor within three (3) working days of discussion pursuant to Article hereof, she may present a grievance at Step Number No grievance will be processed if the event or circumstance on which it is based originated more than ten working days prior to the time the grievance is first presented in writing or from the date these circumstances became known to the Step Number The grievance shall be on the appropriate form, stating the subject matter grieved, and shall be presented to the employee’s immediate supervisor. The supervisor shall reply to the employee, giving the answer to the grievance within four (4) working days from the date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number the employee who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Human Resources Manager. A meeting will then be held between the Human Resources Manager or his designated representative and the employee. It is understood that at such a meeting the Human Resources Manager or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Human Resources Manager or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Human Resources Manager fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties in writing as soon as practicable. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays, as defined in any steps Article (a), excluding Moving Day. An employee subject to disciplinary action which is to be recorded in the employee’s personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 It is the mutual desire Union committee member or, if either of the parties that complaints above are not available, a member representative of the Nurses shall be adjusted as quickly as possible, and it employee’s choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse nurse and/or the Union may present a complaint at any time to the appropriate Program Manager without recourse to the Grievance Procedure set forth hereunder. It is further understood that any failure upon the part of the Program Manager to act or to reply to a complaint shall in no way invalidate the time limits set forth in the Grievance Procedure. 8.02 A grievance is an allegation that a nurse has no been disciplined or discharged without just cause or that either party has acted contrary to this Agreement with regard to the interpretation, application or administration of one (1) or more specific provisions. 8.03 Every grievance until shall: (a) be in writing; (b) contain a statement as to the Nurse matter in issue; (c) state in what respect the Agreement has first given been violated or misinterpreted by reference to a specific clause or clauses; (d) stipulate the Director nature of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care relief or remedy sought; (e) to be filed within ten fifteen (1015) days after she becomes aware (exclusive of the days of vacation for a grieving nurse) of the alleged circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement The following shall be adjusted and settled as followsthe procedure for the handling of the grievance of a nurse: A Nurse, who may have the assistance of an Employee Representative, may They shall present a such grievance in writing within ten fifteen (1015) working days of the alleged circumstances giving rise to it the grievance, to the Administrator, who Human Resources Manager or delegate and they shall render be accompanied by a decision in writing within ten (10) working days following member of the day on which the grievance was submittedGrievance Committee. If this decision a settlement satisfactory to the nurse is unsatisfactorynot reached within five (5) days, Step No. 2 then the second step of the Grievance Procedure may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted aboveinvoked. The grievance shall be discussed submitted to the Grievance Committee who, together with Association Representatives the grievor, may take the matter up with the Medical Officer of Health or delegate. The Medical Officer of Health shall give their reply within ten a period of five (105) working days. Should the decision be deemed unsatisfactory, or if no decision is rendered within five (5) days, then the Grievance Committee may invoke the arbitration provisions of this agreement. If no advice is received as to the Grievance Committee invoking the arbitration procedure within fifteen (15) days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following from the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may or within fifteen (15) days from when the decision ought to have been rendered or within twenty (20) days from the date of receipt of the grievance, it shall be invoked within tenpresumed that the grievance has been settled.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation,application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner It is generally understood that an employee has no complaint or grievance until he either directly or through the Union, has first given his immediate supervisor an opportunity to adjust the complaint. If, registering the complaint with the supervisor and such complaint is not settled within three (3) working days or within an longer period which may have been agreed to by the parties, then the following steps of the grievance procedure shall be followed: An employee having a question or complaint shall refer it to his immediate supervisor within five (5) working days of the actual occurrence leadingto the question or complaint. The supervisor shall reply to the employee giving the answer to the complaint or question within four (4) working days from the date of submission. If further action is then to be taken, the grievance shall be submitted in writing to the Administrator or designate either directly or through the Union within five (5) working days from the date of the supervisor’s response. The Administrator or designate shall meet with the employee, union xxxxxxx and/or representative of the International Union within five (5) working days from the receipt of the grievance. The decision of the Administrator or his designate shall be given in writing within five (5) days from the meeting. Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten 0) working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in determining the In determiningthe time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinaryaction which is to be recorded in any steps the employee’s personnel file, shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailablethe employee shall have the right to the presenceof a Union committee member or a member representative of the Grievance or Arbitration Procedures. 8.02 It employee’s choice who is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 10.01 If an employee has a complaint concerning the application, interpretation, administration, or alleged violation of any of the provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Foreperson. The Foreperson will give his/her answer to the complaint within two (2) working days after it has been brought to his/her attention. (It is understood that an employee has no grievance until he/she had first given his/her Foreperson an opportunity of adjusting his/her complaint). 10.02 If such complaint or question is not settled to the satisfaction of the employee then the following steps of the grievance procedure may be extended by mutual agreementinvoked in order. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care must be lodged within ten (10) working days after she becomes aware of the circumstances giving rise to the complaint have such a grievance has occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may . STEP 1 Any employee grievance shall be taken up as a grievance, set forth in writing, in duplicate and shall be presented to his/her immediate Foreperson. The grievance shall be signed by both the grievor and a Union Xxxxxxx. The grievance shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and the redress sought. The Foreperson shall review the grievance and reply in writing to the Union Xxxxxxx within ten two (102) working days following giving his/her disposition and his/her reason therefore. A copy of the Director of Nursing reply will be provided to the grievor and Personal Care's decisionthe Union Recording Secretary or designate. 8.03 Should STEP 2 If a settlement has not been reached under Step No. 1, the Xxxxxxx may within two (2) working days of the Foreperson's reply, refer the grievance to the Divisional Director at interest or his/her nominee. The Divisional Director or his/her nominee together with the employee and his/her Foreperson, and his/her Xxxxxxx and the Chief Xxxxxxx in cases of discipline or discharge shall meet within five (5) working days of reference to the Divisional Director. The Xxxxx ional Director shall give his/her reply in writing to the Xxxxxxx within two (2) working days after date of meeting. A copy of the reply will be provided to the grievor and the Union Recording Secretary or designate. STEP 3 If a settlement has not been reached under Step No. 2, the Xxxxxxx may refer the grievance to his/her Union Grievance Committee, which may within five (5) working days of the Director’s reply refer the grievance to the Commissioner of People, Information and Technology. Within eight (8) working days the Commissioner of People, Information and Technology or his/her nominee together with such other representation as may be chosen to represent the Employer shall meet with the grievor and the Union Grievance Committee to discuss the grievance. At this meeting a full-time representative of the Union may be present, if his/her presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union and the Chief Xxxxxxx within five (5) working days after such meeting with a copy to the grievor, Chief Xxxxxxx and the Recording Secretary of the Local or designate. If a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient is not settled to the Corporation. 8.04 Grievances properly arising under satisfaction of either party to this Agreement shall be adjusted and settled as follows: A Nurseby the procedure outlined above, who then either party may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise reply of the Commissioner of People, Information and Technology refer the grievance to it Arbitration in accordance with the provisions contained in Article 13. 10.03 Any of the time allowances provided in this Article may be extended by mutual agreement in writing between the Union and the Employer and a copy to the AdministratorRecording Secretary or designate. 10.04 Any grievance not initiated or appealed at any stage of the grievance procedure including reference to arbitration within the time limits stipulated shall be considered on the basis of the last decision and not subject to further appeal. Section 44 (6) of the Labour Relations Act, who R.S.O. 1980, Chapter 228, as amended, shall render not apply to this Agreement. 10.05 An employee’s earnings shall be corrected by the second pay following the resolution of a decision grievance concerning an employee’s wages where the grievance is resolved in writing the employee’s favour. Any correction of $200 or more will be corrected within ten (10) working days following days. 10.06 No written reprimand shall be entered in an employee's personnel file unless the day on which the grievance was submitted. If this decision is unsatisfactoryemployee and Recording Secretary or designate, Step No. 2 may be invoked within ten (10) working days from receipt and Chief Xxxxxxx of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days local Union are sent a copy of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tensuch reprimand.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 8:01 The Union or any employee has the right to lodge a grievance procedure may be extended by mutual agreement. Saturdayswith respect to any matter arising out of the interpretation, Sundaysapplication, and paid holidays shall not be counted in determining the time in which any action is or alleged violation of this Agreement. 8:02 The parties agree that reasonable efforts ought to be taken or completed in made to resolve complaints informally before resorting to the formal grievance procedure. Accordingly, before a complaint is reduced to writing, any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse employee who has a complaintcomplaint or grievance, she may, with the assistance presence of a Nurse Representativecommittee person if desired, discuss it the matter with the Director of Nursing and Personal Care her Manager within ten five (105) working days after she becomes aware the employee knows or ought to have known of the circumstances giving rise to the complaint have occurredor grievance. The Director of Nursing and Personal Care should manager shall give a decision verbal response to the employee or union representative within ten two (102) working days following such discussion of receiving the complaint. Step 1 Should the complaint remain unresolved, the employee and/or committee person may submit a written grievance to her Manager within five (5) working days from the time the verbal response was received. The grievance shall identify the nature of the grievance, and failing settlement, it may be taken up as a grievancethe remedy which is sought. The Manager will deliver her decision, in writing, within ten five (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (105) working days following the day on which the grievance was submitted. If this decision is unsatisfactorypresented to her. Step 2 A grievance, which has not been settled at Step No. 2 1, may be invoked within ten presented, in writing, to the Administrator no more than five (105) working days from after the Union has received the written reply under Step 1. The Employer Grievance Committee shall meet with the Union representative (s) within five (5) working days of receipt of the Administrator’s, replygrievance and shall render its decision in writing within five (5) working days of such meeting. The Local Union President or the National Union Representative may be in attendance at this meeting. If a grievance is not settled it may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenarbitration as provided hereinafter.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action The parties to this Agreement are agreed that it is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that utmost importance to adjust complaints of the Nurses shall be adjusted and grievances as quickly as possible, and . No grievance shall be considered: Where circumstances giving rise to it occurred or originated more than eight working days before the filing of the grievance except in the case of monetary items. It is understood that a Nurse an employee has no grievance until the Nurse matter has first given the Director of Nursing been referred to his immediate supervisor and Personal Care an opportunity of adjusting given to adjust the complaint. If a Nurse has a complaint, she may, with the assistance A grievance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances an employee properly arising under this Agreement shall be adjusted and settled as follows: A NurseThe aggrieved employee shall present his grievance in writing, stating the nature of the grievance, to his immediate Supervisor. He shall have the assistance of his Xxxxxxx if he so desires. If a settlement satisfactory to the employee concerned is not reached within four working days (or any longer period which may be mutually agreed upon) the next step in the grievance procedure may be taken at any time within four working days thereafter. The aggrieved employee may submit his grievance to the Department Head who shall consider it in the presence of the person or persons presenting same and the Supervisor, and render his decision in writing. The aggrieved employee shall have the assistance of his Xxxxxxx, if he so desires. Should no settlement satisfactory to the employee be reached within four working the next step in the grievance procedure may be taken at any time within four working days thereafter. The aggrieved employee may submit his grievance in writing to the Administrator. The Union Administrative Committee as constituted under Article hereof may be present at this stage of the request of either party. The said Committee may have the assistance of an Employee Representativea general representative of the Union if they so desire. The Administrator shall have five working days to study the matter and make his reply. If they reply of the Administrator or designate is not satisfactory to the employee, may present the matter shall then be referred within five working days to the Manager of Labour Relations, Royalcrest. The Manager, Labour Relations, or his designate shall give his reply as soon as possible, but in no case shall more than ten working days elapse before a grievance reply is received, unless by mutual consent of the parties. Failing a satisfactory settlement being reached in Step either party may, on giving ten working days notice in writing within ten (10) working days to the other party of its intention, refer the dispute to Arbitration and the following rules governing Arbitration shall apply. Where the employee's immediate Supervisor and Department Head are one and the same person, Step will be omitted and the may proceed from Step to Step An employee subject to disciplinary action which is to be recorded in the employee's personnel file shall have the right, if she so requests, to the presence of the circumstances giving rise Union xxxxxxx or Union committee member or, if either of the above are not available, a member representative of the employee's choice who is working on the current shift. Any of the time allowances above may be extended by mutual agreement of the parties. Saturdays, Sundays, and paid holidays designated within this Agreement will not be counted in determining the time within which any action is to it to be taken or completed under each of the Administrator, who shall render a decision in writing within ten (10) working days following the day on which steps of the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenprocedure.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure may be extended by mutual agreementprocedure, an employee shall have the right to the presence of his/her xxxxxxx. SaturdaysIn the case of suspension or discharge, Sundaysthe Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, and paid holidays the Hospital shall not be counted notify the Union of such suspension or discharge in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 writing, within three (3) days. It is the mutual desire of the parties hereto that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse an employee has no grievance until the Nurse he has first given his immediate supervisor the Director of Nursing and Personal Care an opportunity of adjusting the his complaint. If a Nurse has a complaint, she may, with The grievor may have the assistance of a Nurse Representative, discuss it with Union Xxxxxxx if he so desires. Such complaint shall be discussed between the Director of Nursing employee and Personal Care his or her immediate supervisor within ten five (105) days after she becomes aware of the circumstances giving rise to it have occurred or ought reasonably to have come to the complaint have occurredattention of the employee. The Director of Nursing and Personal Care should give a decision Failing settlement within ten the five (105) days following such discussion and failing settlementdays, it may shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union Xxxxxxx. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or designate. A meeting will then be held between the Human Resources Department and the Union Representatives who may be accompanied by the Union Xxxxxxx(s) or Grievance Committee as applicable of the Union, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the Director date of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient such meeting to the CorporationUnion Representative. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until nurse and/or the Nurse has first given Union may present a complaint at any time to the appropriate Director without recourse to the Grievance Procedure set forth hereunder. It is further understood that any failure upon the part of the Director to act or to reply to a complaint shall in no way invalidate the time limits set forth in the Grievance Procedure. 8.02 A grievance is an allegation that a nurse has been disciplined or discharged without just cause or that either party has acted contrary to this Agreement with regard to the interpretation, application or administration of Nursing and Personal Care an opportunity of adjusting one (1) or more specific provisions. 8.03 Every grievance shall: (a) be in writing; (b) contain a statement as to the complaint. If matter in issue; (c) state in what respect the Agreement has been violated or misinterpreted by reference to a Nurse has a complaint, she may, with specific clause or clauses; (d) stipulate the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware nature of the relief or remedy sought; (e) to be filed within fifteen (15) working days (exclusive of the days of vacation for a grieving nurse) of the alleged circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement The following shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days procedure for the handling of the circumstances giving rise to it to the Administrator, who shall render grievance of a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, nurse: Step No. 2 1 He/She shall present such grievance to the appropriate Director or delegate and he/she shall be accompanied by a member of the Grievance Committee. If a settlement satisfactory to the nurse is not reached within five (5) working days, then the second step of the Grievance Procedure may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted aboveinvoked. The grievance shall be discussed submitted to the Grievance Committee who, together with Association Representatives the grievor, may take the matter up with the Medical Officer of Health or delegate. The Medical Officer of Health shall give his/her reply within ten a period of five (105) working days days. Failing a satisfactory settlement the Grievance Committee may invoke the third step of the submission and the General ManagerGrievance Procedure, Long-Term Care shall make his decision known but only within ten (10) working days following the date a period of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenfive

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 10.01 If an employee has a complaint concerning the application, interpretation, administration, or alleged violation of any of the provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Foreperson. The Foreperson will give his/her answer to the complaint within two (2) working days after it has been brought to his/her attention. (It is understood that an employee has no grievance until he/she had first given his/her Foreperson an opportunity of adjusting his/her complaint). 10.02 If such complaint or question is not settled to the satisfaction of the employee then the following steps of the grievance procedure may be extended by mutual agreementinvoked in order. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care must be lodged within ten (10) working days after she becomes aware of the circumstances giving rise to the complaint have such a grievance has occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may . STEP 1 Any employee grievance shall be taken up as a grievance, set forth in writing, in duplicate and shall be presented to his/her immediate Foreperson. The grievance shall be signed by both the grievor and a Union Xxxxxxx. The grievance shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and the redress sought. The Foreperson shall review the grievance and reply in writing to the Union Xxxxxxx within ten two (102) working days following giving his/her disposition and his/her reason therefore. A copy of the reply will be provided to the grievor and the Union Recording Secretary or designate. STEP 2 If a settlement has not been reached under Step No. 1, the Xxxxxxx may within two (2) working days of the Foreperson's reply, refer the grievance to the Divisional Director at interest or his/her nominee. The Divisional Director or his/her nominee together with the employee and his/her Foreperson, and his/her Xxxxxxx and the Chief Xxxxxxx in cases of discipline or discharge shall meet within five (5) working days of reference to the Divisional Director. The Divisional Director shall give his/her reply in writing to the Xxxxxxx within two (2) working days after date of meeting. A copy of the reply will be provided to the grievor and the Union Recording Secretary or designate. STEP 3 If a settlement has not been reached under Step No. 2, the Xxxxxxx may refer the grievance to his/her Union Grievance Committee, which may within five (5) working days of the Director’s reply refer the grievance to the Director of Nursing Human Resources. Within eight (8) working days the Director of Human Resources or his/her nominee together with such other representation as may be chosen to represent the Employer shall meet with the grievor and Personal Care's decision. 8.03 Should the Union Grievance Committee to discuss the grievance. At this meeting a full- time representative of the Union may be present, if his/her presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union and the Chief Xxxxxxx within five (5) working days after such meeting with a copy to the grievor, Chief Xxxxxxx and the Recording Secretary of the Local or designate. If a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient is not settled to the Corporation. 8.04 Grievances properly arising under satisfaction of either party to this Agreement shall be adjusted and settled as follows: A Nurseby the procedure outlined above, who then either party may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise reply of the Director of Human Resources refer the grievance to it Arbitration in accordance with the provisions contained in Article 13. 10.03 Any of the time allowances provided in this Article may be extended by mutual agreement in writing between the Union and the Employer and a copy to the AdministratorRecording Secretary or designate. 10.04 Any grievance not initiated or appealed at any stage of the grievance procedure including reference to arbitration within the time limits stipulated shall be considered on the basis of the last decision and not subject to further appeal. Section 44 (6) of the Labour Relations Act, who R.S.O. 1980, Chapter 228, as amended, shall render not apply to this Agreement. 10.05 An employee’s earnings shall be corrected by the second pay following the resolution of a decision grievance concerning an employee’s wages where the grievance is resolved in writing the employee’s favour. Any correction of $200 or more will be corrected within ten (10) working days following days. 10.06 No written reprimand shall be entered in an employee's personnel file unless the day on which the grievance was submitted. If this decision is unsatisfactoryemployee and Recording Secretary or designate, Step No. 2 may be invoked within ten (10) working days from receipt and Chief Xxxxxxx of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days local Union are sent a copy of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tensuch reprimand.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the (a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any Employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that- this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner: A Nurse, who may have the assistance of an Step Number 1 An Employee Representative, may present having a grievance in writing question or complaint shall refer it to his immediate supervisor within ten (10) working days of the circumstances actual occurrence leading to the question or complaint. The supervisor shall reply to the Employee, giving rise the answer to it the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, the Employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the Employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, who and that the Employee may have his xxxxxxx and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the Employee or the Employer. The decision of the Administrator or his designated representative shall render a decision be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number 2 is given, or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner: An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 It is the mutual desire Union committee member or, if either of the parties that complaints above are not available, a member representative of the Nurses shall be adjusted as quickly as possible, and it employee's choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation,application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner. An employee having a question or complaint shall refer it to his immediate supervisor within ten working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from the date of the submission. If the reply of the supervisor is not satisfactory to the employee, the grievance procedure may will then be extended stated in writing, dated and signed by mutual agreementthe employee and will, within five (5) working days after the date of the supervisor's reply, be submitted to the Home Administrator or her designate or, in her absence, to her secretary. SaturdaysWithin five (5) working days after receiving a written grievance, Sundaysthe Home Administrator (or her designate) will meet with the his xxxxxxx to discuss the matter. At this meeting a representativewill be present if requested by either party. A reply to the grievance will be given within three (3) working days after this meeting has been held. If arbitration of any grievance is to be invoked, and paid holidays the request shall be made by either party within fifteen (I5) days after the date of the reply at Step (a) The Home shall not be counted in required to consider any grievance, the alleged circumstances of which occurred more than one (Iw)eek before being taken up at Step With grievances concerning pay, any action shall be taken as soon as reasonably possible following receipt of the pay cheque. If the Union or any of its representatives fails to observe any of the time limits set out under this grievance procedure, the grievance shall be considered as dropped. If the Home fails to observe the time limits the grievance will be advanced to the next step or to arbitration, whichever is applicable. In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 It Union committee member or, if the above are not available, a member representativeof the employee's choice who is working on the mutual desire current shift. A claim by an employee who have completed his probationary period that he has been unjustly discharged from his employment will be treated as a special grievance, commencing at Step of the parties that complaints of grievance procedure, provided the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a discharged person submits his written grievance, in writingdated and signed, within ten four (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (104) working days after the discharge occurs. Such special grievances may be settled by confirming the discharge, or by reinstating the discharged person with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenconferring parties.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in (a) A grievance under this Agreement shall be defined as any difference or dispute between the grievance procedure may be extended by mutual agreement. SaturdaysEmployer and any employee relating to the interpretation, Sundaysapplication or administration of this Agreement, including any questions as to whether the matter is arbitrable and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Proceduresan allegation that this Agreement has been violated. 8.02 (b) It is the mutual desire of the parties hereto that complaints of the Nurses employees shall be adjusted as quickly as possible, and it . It is generally understood that a Nurse an employee has no grievance until the Nurse she has first given the Director of Nursing and Personal Care Employer an opportunity of adjusting the to adjust her complaint. If All complaints and grievances shall be taken up in the following manner: An employee having a Nurse has question or complaint shall refer it to a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care Supervisor within ten (10) calendar days after she becomes aware of the circumstances actual occurrence leading to the question or complaint. The Supervisor shall reply to the employee, giving rise the answer to the complaint or question within fourteen (14) calendar days from the date of submission. Failing settlement at Step 1, the employee, who may request the assistance of his or her Union Xxxxxxx, shall submit the grievance in writing to the District Director within fourteen (14) calendar days after the decision is given in Step 1. A meeting will then be held within seven (7) calendar days of receipt of the written grievance, between the District Director or his designated representative and the employee. It is understood that at such a meeting the District Director or his designated representative may have occurredsuch counsel and assistance as he may desire, and that the employee may have his Union Xxxxxxx and that the Union Staff Representative may also be present at the request of either the employee or the Employer. The decision of the District Director of Nursing and Personal Care should give a decision or his designated representative shall be given in writing within ten fourteen (1014) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) calendar days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arisemeeting. Failing settlement at Step 2, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to Arbitration by either the General ManagerEmployer or the Union. If no written request for Arbitration is received within fourteen (14) calendar days after the decision under Step 2 is given, Long-Term Care by submitting it to him/her or within fourteen (14) calendar following the expiration of the time limits noted above. The limit set out for rendering the decision under Step Number 2 of the grievance procedure, the grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tendeemed to have been abandoned.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner. An employee having a question or complaint shall refer it to her immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. further action is then to be taken, then within five (5) working days after the decision is given in Step No. the employee, who may request the assistance of her Xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee. It is understood that at such meeting the Administrator or her designated representative may have such counsel and assistance as he may desire, and that the employee may have her Xxxxxxx and that the Union Representative or an InternationalRepresentative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render her decision as required in Step No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step No. is given, or within ten (10) working days following the meeting under Step No. of the grievance procedure the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee’s personnel file, shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the Grievance or Arbitration Procedures. 8.02 It employee’s choice who is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer an any employee relating to the interpretation, application or n of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner. An employee having a question or complaint shall refer it to his immediate supervisor within four (4) working days of the actual occurrence leading to the question or complaint. The supervisor shall replyto the employee, giving the answer to the complaint or question within four (4) working days from the date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step No. the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance procedure in writing to the Administrator. A meeting will then be held between the Administrator or his designated representativeand the employee. It is understoodthat at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire and that the employee may have his xxxxxxx and that the Union Representative or an International Representativeof the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Step No. Should the Administrator fail to render his decision as required in or failing settlement of any grievance under the foregoing from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be extended referred to arbitration by mutual agreementeither the Employer or the Union. SaturdaysIf no written request for arbitration is received within five (5) working days after the decision under Step No. is given or within ten working days following the meeting under Step No. of the whichever occurs first, Sundays, the grievance shall be deemed abandoned and paid holidays the same grievance shall not be counted in determining the further grievance. In determiningthe time in within which any action is to be taken or completed terms of this Agreement, such time limits shall be exclusive of and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the e personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 It is the mutual desire Union committee member or, if either of the parties that complaints of above are not available, a member representativeof the Nurses shall be adjusted as quickly as possible, and it employee’s choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in Step Within ten days following the decision under Step the employee and/or Grievance Committee shall submit the written grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting Labour Relations or her designate. Within ten days after the complaint. If a Nurse grievance has a complaintbeen referred to her, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing Labour Relations or her designate will meet with the employee and Personal Care the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (1020) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision Where no answer is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her given within the time limits noted above. The specified in the grievance procedure, the employee, the Union or the Hospital shall be discussed with Association Representatives within ten (10) working days entitled to submit the grievance to the next step of the submission grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the General Manager, Long-Term Care term "days" shall make his decision known within ten (10) be defined as "working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tendays".

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned For the purposes of this agreement, a grievance is defined as a difference arising between the Parties relating to the interpretation, application, administration or alleged violation of the collective agreement including any question as to whether a matter is arbitrable. Complaints and grievances shall be dealt with in the grievance procedure may following manner. All grievances must be extended by mutual agreement. Saturdays, Sundaysin writing (Step 1 excepted), and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing filed within ten (10) working days of the circumstances giving rise to it alleged grievance. Step 1 If an employee has a complaint, s/he shall, with or without his/her xxxxxxx, take the matter up orally with his/her supervisor. The supervisor will give his/her answer to the Administratorcomplaint within five (5) working days after it has been brought to his/her attention. For the purpose of this clause, who supervisor shall render a decision include Area Supervisor, Traffic Maintenance Supervisor, Service Centre Supervisor and Technical Services Supervisor or designate. Step 2 If the reply of the Supervisor is not satisfactory, the complaint shall be stated in writing as a grievance and shall, within five (5) working days after the Supervisor has given his/her answer, be submitted by the employee and a xxxxxxx to the Section Manager. Within two (2) working days after receipt, the Section Manager will commence discussion with the employee and his/her xxxxxxx, and will give his/her reply, in writing, within a further five (5) working days. For the purpose of this clause, Section Manager shall include Manager Works Maintenance & Operations, Manager Engineering Technical Services, Manager Traffic Engineering and Operations and Manager Service Centre. If the reply of the Section Manager is not satisfactory, the grievance may, within five (5) working days, be referred to the Director of Engineering and Works or designate or the Director of Transportation and Engineering Planning or designate, and such other representative as may be chosen to represent the City, will meet with the Union Committee to discuss the grievance within five (5) working days after it has been referred to this step. At this meeting, a full-time representative of the Union may be present if his/her presence is requested by either party. A written reply to the grievance will be given within five (5) working days after the meeting has been held. 8.02 If a grievance is not settled to the satisfaction of either party to this Agreement by the procedure outlined above, then either such party may, within ten (10) working days following the day on which days, refer the grievance was submitted. If to arbitration in accordance with the provisions contained in Article 11. 8.03 Any of the time allowances provided in this decision is unsatisfactory, Step No. 2 Article may be invoked within ten (10) working days from receipt extended by mutual agreement between the City and the Union Committee. Such confirmation of the Administrator’s, reply. The grievance may extension should be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenin writing.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 9.01 Grievances properly arising under this Agreement shall be adjusted and settled taken up in the following manner: i) If an employee has a complaint he wishes to bring to the attention of the Company, he shall take the matter up orally with his immediate supervisor. The employee may, if he wishes, be accompanied by his Xxxxxxx when discussing any complaint with his supervisor. ii) Step 1 - If the reply of the supervisor is not satisfactory to the employee concerned, the complaint may be submitted as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing appropriate Plant or Production Manager within ten three (103) working days following the day on which supervisor's discussion and the complaint shall be stated in writing, dated and signed. The appropriate Plant or Production Manager will meet with the employee concerned and the Union Committee to discuss the grievance was submitted. If this decision is unsatisfactoryand will give his or her reply in writing, Step No. 2 may be invoked within ten three (103) working days from receipt after the said meeting. iii) Step 2 - If the reply of the Administrator’s, reply. The grievance may be referred appropriate Plant or Production Manager is not satisfactory to the General Manageremployee concerned, Long-Term Care by submitting it to him/her the grievance may, within the time limits noted above. The grievance shall be discussed with Association Representatives within ten three (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (103) working days following the date of the discussionssaid reply be submitted to the Vice President of Operations or his designate. If this decision is considered unsatisfactory then Step No. 3 The Executive Vice President and/or such other persons as may be invoked designated by the Company, will meet with the Union Committee to discuss the grievance. At this meeting, a full- time representative of the Union may be present if his presence is requested by either party. The Executive Vice President of Operations or designates will give their reply to the grievance, in writing, within tenfive (5) working days after the said meeting has been held. 9.02 If a grievance is to be referred to arbitration, the request for arbitration must be made within twenty (20) days after the date of the Company Executive Vice President of Operation s reply to the grievance. 9.03 Any of the time allowances provided in this Article may be extended by mutual agreement, in writing, between the parties concerned. 9.04 The Company may refuse to consider any complaint or grievance, the circumstances of which arise more than ten working days before it was brought to the attention of the Company. (a) An employee who has been disciplined for absenteeism or lateness shall have the disciplinary action removed from his or her record if he or she has a clean record for a period of 12 months following the date of the most recent disciplinary action. (b) If an employee is disciplined for a production, maintenance, shipping or quality matter (but not including a safety matter), then the disciplinary action for the matter will be removed from the employee’s record 18 months after the discipline is given, provided the employee receives no further disciplinary action for a major production, maintenance, shipping or quality matter during the 18 months. (c) An employee who has been disciplined for any other reason shall have the disciplinary action removed from his or her record if he or she has a clean record for period of 36 months following the date of the most recent disciplinary action. 9.06 If a grievance affects more than one employee, then one grievance signed by an employee shall suffice as a grievance from all the employees.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 12.1 It is the mutual desire of the parties hereto that complaints of the Nurses nurses covered by this Collective Agreement shall be adjusted as quickly as possible, . Such complaints shall be acted upon in the following manner and it sequence: Step 1 It is understood agreed that a Nurse nurse has no grievance until the Nurse nurse has first given the Director of Nursing and Personal Coordinator, Resident Care or designate an opportunity of adjusting the complaint. If Such complaint shall be discussed with the Coordinator, Resident Care or designate within five (5) working days after the circumstances giving rise to the complaint have occurred or ought reasonably to have come to the attention of the nurse. The Director of Resident Care or designate will reply within five (5) working days after the discussion of the complaint. The nurse may be accompanied by a Nurse has a nurse representative during discussion of the complaint, she mayif the nurse so desires. Failing settlement, with it may then be taken up as a grievance within five (5) working days following the reply of the Director of Resident Care or designate. Step 2 If the nurse is satisfied that there is a grievance, the nurse shall present such grievance in writing to the Director of Resident Care or designate and the nurse may have the assistance of a Nurse Representativethe nurse representative if the nurse desires. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, discuss it with the remedy sought and the section or sections of the agreement which are alleged to have been violated. The Director of Resident Care or designate will deliver the decision in writing to the grievor and the President within five (5) working days following the day on which the grievance is presented. Failing settlement - then Step No. 3 may be invoked. Step 3 Within five (5) working days following the decision of the Director of Nursing and Personal Resident Care or designate under Step No. 2, the Grievance Committee may submit the written grievance to the Director of Employee Relations or designate. A meeting will be arranged within ten (10) working days with the Administrator or designate in attendance at which time the matter will be reviewed. The Director of Employee Relations or designate will deliver the decision in writing to the grievor and the President or designate within five (5) working days from the date on which the meeting was held under Step No. 3. 12.2 The Employer may, at its discretion, refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter, the alleged circumstances of which occurred more than fifteen (15) working days prior to the filing of the grievance in writing. 12.3 Any difference arising directly between the Employer and the Union involving the interpretation, application or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step No. 3 of the grievance procedure. Any grievance by the Employer or the Union as provided in this paragraph, shall be commenced within thirty-five (35) calendar days of the date of the occurrence. No Union grievance shall be presented at Step No. 3 which the nurse, or a group of nurses could normally process as an individual grievance, or a grievance of a group of nurses. 12.4 Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration, as set forth in Article 14. If no written request for arbitration is received within fifteen (15) working days after she becomes aware the decision under Step No. 3 is given, it shall be deemed to have been settled and not eligible for arbitration. 12.5 It is agreed that grievances and replies to grievances shall be in writing in all stages. 12.6 All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and Union and the nurse(s). 12.7 No adjustment affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in computation. 12.8 Where no answer is given to the grievor(s) within the time limit specified in the grievance procedure, the grievor(s) shall be entitled to submit the grievance to the next step of the grievance procedure. 12.9 Working day as used in this Article and Articles 13 and 14, shall mean a day other than Saturday, Sunday or a specified holiday. 12.10 A grievance that is not submitted to the next step within the time limits shall be deemed to be settled and disposition shall be as per the reply given at the preceding step. 12.11 All time limits in the grievance and arbitration procedures may be extended upon mutual agreement of the parties. 12.12 Records of discipline will be removed from the nurse's file after eighteen (18) months provided the nurse's record has been discipline-free for that same period. 12.13 Letters of counsel will be removed from the nurse’s file after eighteen (18) months provided the nurse’s performance issues referenced in the letter have improved during that period. 12.14 Where more than two (2) employees have a common complaint, it may be processed as a group grievance which shall commence within nine (9) working days after the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give Step 1 will be by passed in a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a group grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner. An employee having a question or complaint shall refer it to his immediate supervisor within four (4) working days of the actual occurrence leading to the question or complaint. The Supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from the date of submission. Should any employee feel that his complaint or grievance has not been satisfactorily settled at Step he may within five (5) working days after the decision at Step refer the matter in writing to the Director of care or the Administrator. The nature of the grievance, the Article of the Agreement that has been violated, misapplied or misinterpreted and the relief or remedy sought shall be clearly set out in the grievance which shall be dated and signed by the A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such meeting the Administrator or his designated representative may have such counsel and assistance as he may desire and that the employee may have his xxxxxxx and that the of the Union or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five working days following the meeting. Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. no written request for arbitration is received within five (5) working days after the decision under Step is given or within ten (IO) working days following the meeting under Step of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of further grievances. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 It is the mutual desire Union committee member or, if either of the parties that complaints above are not available, a member representative of the Nurses shall be adjusted as quickly as possible, and it employee's choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, All complaints and paid holidays grievances shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up in the following manner: (a) Step 1 - If an employee has a complaint he wishes to bring to the attention of the Company, he shall take the matter up orally with his immediate supervisor. The employee must be accompanied by a Union Xxxxxxx or Union Representative when discussing any complaint with his supervisor. The supervisor shall reply verbally within two (2) working days. (b) Step 2 - If the reply of the supervisor is not satisfactory to the employee concerned, the complaint may be stated in writing, dated and signed, and be submitted as a grievancegrievance to the supervisor’s immediate superior within three (3) working days following the supervisor’s discussion. The supervisor’s immediate superior will meet with the employee concerned and the xxxxxxx within five (5) working days following submission to discuss the grievance and will give his reply, in writing, within ten three (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (103) working days of after the circumstances giving rise to it said meeting. (c) Step 3 - If the reply as provided in Step 2 is not satisfactory to the Administratoremployee concerned, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactorymay, Step No. 2 may be invoked within ten five (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (105) working days following the date of the discussionssaid reply, be submitted to the President of the Company, or his designate. If this decision is considered unsatisfactory then Step No. 3 The President and/or such persons as may be invoked designated by the Company will meet with the Union Committee to discuss the grievance. At this meeting a full time representative of the Union (Business Agent, etc.) may be present. The President or his designates will give their reply to the grievance, in writing, within tenfive (5) working days after the said meeting has been held. 8.02 If a grievance is to be referred to arbitration, the request for arbitration must be made within thirty (30) days after the date of the President’s reply to the grievance. The Union further agrees that if such request is to be made for expedited arbitration in accordance with the Labour Relations Act then notice of such request will be given to the Company at least ten (10) days in advance of submission of such application to the Ministry. (a) The parties agree to consider the services of a Mediation Officer prior to a grievance being presented to arbitration. Notwithstanding the above, either party is not restricted to advancing the grievance to arbitration after the grievance procedure has been exhausted. 8.03 Any of the time allowances provided in this Article may be extended by mutual agreement between the parties concerned. 8.04 The Company may refuse to consider any complaint or grievance, the circumstances of which arose more than fifteen (15) working days before it was brought to the attention of the Company. 8.05 If the Union has a grievance related to the interpretation, application or administration of this Collective Agreement, then such grievance may be submitted directly at Step 3 of the grievance procedure. Failing settlement, the grievance may be referred to arbitration. 8.06 Nothing in the grievance procedure shall prevent either party from calling witnesses who possess factual knowledge touching on the matter in question nor from investigating the circumstances relating to a grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the (a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any Employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner: A Nurse, who may have the assistance of an An Employee Representative, may present having a grievance in writing question or complaint shall refer it to his immediate supervisor within ten eight (10) 8) working days of the circumstances actual occurrence leading to the question or complaint. The supervisor shall reply to the Employee, giving rise the answer to it the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, the Employee, who may request the assistance of his or her Xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the Employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, who and that the Employee may have his Xxxxxxx and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the Employee or the Employer. The decision of the Administrator or his designated representative shall render a decision be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number 2 is given, or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, 7.01 All complaints and paid holidays grievances shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as in the following manner: (a) If an employee has a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient complaint he/she wishes to bring up to the Corporation. 8.04 Grievances properly arising under this Agreement shall attention of the Company, he/she s hall take the matter up orally with his/her immediate supervisor. The employee may, if he/she wishes, be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten accompanied by his/her xxxxxxx when discussing any complaint with his/her supervisor. Within five (105) working days after a complaint has been brought his attention, the supervisor will give his reply. (b) If the reply of the circumstances giving rise to it supervisor is not satisfactory to the Administratoremployee concerned, who shall render a decision the complaint may be stated in writing and be submitted as a grievance to the Plant Manager or his/her designate within ten five (105) working days following the day on which Supervisor’s reply. The Plant Manager or his/her designate will meet with the employee concerned and the Union Committee to discuss the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked and will give his reply in writing within ten five (105) working days from receipt after the said meeting. The nature of the Administrator’sgrievance, replythe Article of the Agreement that has been violated, the names of the grievors, and the remedy sought shall be clearly set out in the grievance. The A grievance which fails to set out this information will not be processed or considered beyond this step. (c) If the reply of the Plant Manager or his/her designate is not satisfactory to the employee concerned, the grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten three (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (103) working days following the date of the discussionssaid reply be submitted to the Labour Relations Managerorhis/her designate of the Company. If this decision is considered unsatisfactory then Step No. 3 The Labour Relations Manager and/or such other persons as may be invoked designated by the Company, will meet with the Union Committee to discuss the grievance. At this meeting, a full-time representative of the Union (Business Agent, etc.) may be present if his/her presence is requested by either party. The Labour Relations Manager or his/her designate will give his/her reply to the grievance in writing, within tenfive (5) working days after the said meeting has been held. 7.02 If a grievance is to be referred to arbitration, the request for arbitration must be made within ten (10) days after the date of the Labour Relations Manager’s reply to the grievance. 7.03 Any of the time allowances provided in this Article may be extended by mutualagreement between the parties concerned. 7.04 The Company may refuse to consider any complaint or grievance, the circumstances of which arose more than five (5) working days (of the grievor) before it was brought to the attention of the Company.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 9.01 Grievances properly arising under this Agreement shall be adjusted and settled taken up in the following manner: i) If an employee has a complaint he wishes to bring to the attention of the Company, he shall take the matter up orally with his immediate supervisor. The employee may, if he wishes, be accompanied by his Xxxxxxx when discussing any complaint with his supervisor. ii) Step 1 - If the reply of the supervisor is not satisfactory to the Union, the complaint may be submitted as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing appropriate Plant or Production Manager within ten three (103) working days following the day on which supervisor's discussion and the complaint shall be stated in writing, dated and signed. The appropriate Plant or Production Manager will meet with the employee concerned and the Union Committee to discuss the grievance was submitted. If this decision is unsatisfactoryand will give his or her reply in writing, Step No. 2 may be invoked within ten three (103) working days from receipt after the said meeting. iii) Step 2 - If the reply of the Administrator’s, reply. The grievance may be referred appropriate Plant or Production Manager is not satisfactory to the General ManagerUnion, Long-Term Care by submitting it to him/her the grievance may, within the time limits noted above. The grievance shall be discussed with Association Representatives within ten three (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (103) working days following the date of the discussionssaid reply be submitted to the Vice President of Operations or his designate. If this decision is considered unsatisfactory then Step No. 3 The Executive Vice President and/or such other persons as may be invoked designated by the Company, will meet with the Union Committee to discuss the grievance. At this meeting, a full-time representative of the Union may be present if his presence is requested by either party. The Executive Vice President of Operations or designates will give their reply to the grievance, in writing, within tenfive (5) working days after the said meeting has been held. 9.02 If a grievance is to be referred to arbitration, the request for arbitration must be made within twenty (20) days after the date of the Company Executive Vice President of Operation’s reply to the grievance. 9.03 Any of the time allowances provided in this Article may be extended by mutual agreement, in writing, between the parties concerned. 9.04 The Company may refuse to consider any complaint or grievance, the circumstances of which arise more than ten working days before it was brought to the attention of the Company. (a) An employee who has been disciplined for absenteeism or lateness shall have the disciplinary action removed from his or her record if he or she has a clean record for a period of 12 months following the date of the most recent disciplinary action. (b) If an employee is disciplined for a production, maintenance, shipping or quality matter (but not including a safety matter), then the disciplinary action for the matter will be removed from the employee’s record 18 months after the discipline is given, provided the employee receives no further disciplinary action for a major production, maintenance, shipping or quality matter during the 18 months. (c) An employee who has been disciplined for any other reason shall have the disciplinary action removed from his or her record if he or she has a clean record for period of 36 months following the date of the most recent disciplinary action. 9.06 If a grievance affects more than one employee, then one grievance signed by an employee shall suffice as a grievance from all the employees.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 a. It is the mutual desire of the parties herein that complaints of the Nurses shall employees be adjusted as quickly as possible, possible and it is understood that a Nurse an employee has no grievance until unless a complaint has been referred to the Nurse employee’s immediate Supervisor. b. A grievance under this Agreement shall be defined as any difference or dispute between the Employer, and any employee or the Union relating to the interpretation, application or administration of this Agreement, including any allegation that this Agreement has first given been violated. c. All complaints and grievances shall be taken up in the Director following manner. Step 1 An employee having a question or complaint shall refer it to his immediate supervisor within five (5) working- days of Nursing and Personal Care an opportunity of adjusting the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within five (5) working-days from date of submission. Step 2 If a Nurse has a complaintfurther action is then to be taken, she maythen within five (5) working-days after the decision is given in Step Number 1, with the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator of the Home. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a Nurse meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and/or the CLAC Representative. The decision of the Administrator or his designated representative shall be given in writing within five (5) working-days following the meeting. Step 3 Should the Administrator fail to render his decision as required in Step Number 2, discuss it with or failing settlement of any grievance under the Director foregoing procedure arising from the interpretation, application, administration or alleged violation of Nursing and Personal Care this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within ten (10) working-days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance ariseunder Step Number 2 is given, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the (a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner: A Nurse, who may have the assistance of an Employee Representative, may present Step Number 1 An employee having a grievance in writing question or complaint shall refer it to his immediate supervisor within ten eight (10) 8) working days of the circumstances giving rise to it actual occurrence leading to the Administratorquestion or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, the employee, who may request the assistance of his or her xxxxxxx, shall render a decision submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or his designated representative and the employee. It is understood that at such a meeting the Executive Director or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. It is understood that there are circumstances in which by mutual agreement it is appropriate that more than one (1) xxxxxxx attend the meeting. The decision of the Executive Director or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Executive Director fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number 2 is given, or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner Step Number 1 An employee having a question or complaint shall refer it to his immediate supervisor within seven (7) days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within seven (7) days from date of submission. If no settlement is reached, the employee in writing may file a grievance procedure may be extended by mutual agreementwith the immediate Supervisor, providing this is done within ten (10) days of the incident giving rise to the grievance. Saturdays, Sundays, and paid holidays The immediate Supervisor shall not be counted respond to the grievance in determining the time in which any writing within ten (10) days of its receipt. If further action is then to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possibletaken, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care then within ten (10) days after she becomes aware the decision is given in Step Number 2, the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the SEIU Union Representative or an International Representative of the circumstances giving rise to Union may also be present at the complaint have occurredrequest of either the employee or the Employer. The Director decision of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may the Administrator or his designated representative shall be taken up as a grievance, given in writing, writing within ten (10) days following the Director meeting. Should the Administrator fail to render his decision as required in Step Number 3, or failing settlement of Nursing and Personal Care's decision. 8.03 Should any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a grievance arisematter is arbitrable, the Grievor will discuss grievance may be referred to Arbitration by either the grievance with Employer or the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing Union. If no written request for Arbitration is received within ten (10) working days of after the circumstances giving rise to it to the Administratordecision under Step Number 3 is given, who shall render a decision in writing or within ten (10) working days following the day on which meeting under Step Number 3 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in following manner In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee s personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 Union Committee member or, if either of the above are not available, a member representative of the employees choice who is working on the current shift. Letters of discipline are to be removed from an record after eighteen (18) months from the date of discipline, except in the case of third party interface (i.e. residents and family) where the record will remain on file. shall mean a complaint or claim concerning improper discipline or discharge save and except a discharge or discipline under Article hereof, or a dispute with reference to the interpretation or alleged violation of this Agreement. No complaint or grievance may be submitted or considered under the grievance procedure unless it has been presented within five (5) working days from the time of its occurrence. Having provided a written request to the Administrator at least one week in advance, an employee shall be entitled to her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein in the presence of a supervisor at a mutually satisfactory time. It is understood and agreed that an employee is not entitled to see job references. Any differences, disputes or complaints arising over the mutual desire interpretation or application of this agreement shall be submitted in writing, in triplicate, on forms supplied by the Union and signed by the aggrieved employee. There shall be an xxxxxxx effort on the part of both parties to settle such grievance promptly through the following steps: his decision within two (2) full working days. Failing settlement, then.. Within five (5) full working days following the decision in Step an official or officials of the parties that complaints Union shall meet with representatives of the Nurses Employer, at which time the written record of the grievance shall be adjusted presented. The decision shall be given in writing within five (5) full working days following this meeting. Failing settlement under Step of any difference between the parties arising from the interpretation, administration, or alleged violation of this agreement, including any question as quickly to whether a matter is arbitrable, such difference may be taken to arbitration as possiblehereinafter provided, and if no written request for arbitration received within ten (10) full working days after the decision in Step is given, it shall be deemed to have been abandoned. The time limits set out in this grievance procedure are mandatory and not merely directory; however, the parties may mutually agree in writing to extend such time limits. Accordingly, a grievance which is understood not processed within the time limits set out herein shall be deemed to have been abandoned. When either party requests that a Nurse has no grievance until be submitted to Arbitration, the Nurse has request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first given nominee to the Director Board of Nursing and Personal Care an opportunity Arbitration. The recipient of adjusting the complaintnotice shall, within ten days thereafter designate its nominee to the Board of Arbitration. If a Nurse has a complaintThe two (2) so nominated shall endeavour, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware the appointment of the circumstances giving rise second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two nominees first appointed shall be at liberty prior to the complaint have occurred. The Director expiration of Nursing and Personal Care should give a decision ten days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days following such discussion and failing settlementdays, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved an attempt to negotiate or settle the Association Representative on particular grievance concerned. Each of the Employee's parties shall pay its own time or at a time convenient expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the Corporation. 8.04 Grievances properly facts of the grievance involved. Only grievances arising under from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be adjusted arbitrable. The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. All agreements reached under the grievance and settled as follows: A NurseArbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, who the Union and the involved. Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of an Employee Representativethe employee (or employees) concerned as a witness, may present a grievance in writing within ten (10) working days all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the circumstances giving rise Nursing Home to it view any working conditions which may be relevant to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt settlement of the Administrator’sgrievance, reply. The grievance may be referred at a reasonable time so as not to interfere with the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days function of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenNursing Home.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 10.01 If an employee has a complaint concerning the application, interpretation, administration, or alleged violation of any of the provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Foreperson or immediate supervisor. The Foreperson or immediate supervisor will give his/her answer to the complaint within two (2) working days after it has been brought to his/her attention. (It is understood that an employee has no grievance until he/she had first given his/her Foreperson or immediate supervisor an opportunity of adjusting his/her complaint). 10.02 If such complaint or question is not settled to the satisfaction of the employee then the following steps of the grievance procedure may be extended by mutual agreementinvoked in order. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care must be lodged within ten (10) working days after she becomes aware of the circumstances giving rise to the complaint have such a grievance has occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may . STEP 1 Any employee grievance shall be taken up as a grievance, set forth in writing, in duplicate and shall be presented to his/her immediate Foreperson. The grievance shall be signed by both the grievor and a Union Xxxxxxx. The grievance shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and the redress sought. The Foreperson shall review the grievance and reply in writing to the Union Xxxxxxx within ten two (102) working days following giving his/her disposition and his/her reason therefore. A copy of the Director of Nursing reply will be provided to the grievor and Personal Care's decisionthe Union Recording Secretary or designate. 8.03 Should STEP 2 If a settlement has not been reached under Step No. 1, the Xxxxxxx may within two (2) working days of the Foreperson's reply, refer the grievance to the Divisional Director at interest or his/her nominee. The Divisional Director or his/her nominee together with the employee and his/her Foreperson, and his/her Xxxxxxx and the Chief Xxxxxxx in cases of discipline or discharge shall meet within five (5) working days of reference to the Divisional Director. The Divisional Director shall give his/her reply in writing to the Xxxxxxx within two (2) working days after date of meeting. A copy of the reply will be provided to the grievor and the Union Recording Secretary or designate. STEP 3 If a settlement has not been reached under Step No. 2, the Xxxxxxx may refer the grievance to his/her Union Grievance Committee, which may within five (5) working days of the Director’s reply refer the grievance to the Commissioner of People, Information and Technology. Within eight (8) working days the Commissioner of People, Information and Technology or his/her nominee together with such other representation as may be chosen to represent the Employer shall meet with the grievor and the Union Grievance Committee to discuss the grievance. At this meeting a full-time representative of the Union may be present, if his/her presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union and the Chief Xxxxxxx within five (5) working days after such meeting with a copy to the grievor, Chief Xxxxxxx and the Recording Secretary of the Local or designate. If a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient is not settled to the Corporation. 8.04 Grievances properly arising under satisfaction of either party to this Agreement shall be adjusted and settled as follows: A Nurseby the procedure outlined above, who then either party may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise reply of the Commissioner of People, Information and Technology refer the grievance to it Arbitration in accordance with the provisions contained in Article 13. 10.03 Any of the time allowances provided in this Article may be extended by mutual agreement in writing between the Union and the Employer and a copy to the AdministratorRecording Secretary or designate. 10.04 Any grievance not initiated or appealed at any stage of the grievance procedure including reference to arbitration within the time limits stipulated shall be considered on the basis of the last decision and not subject to further appeal. Section 44 (6) of the Labour Relations Act, who R.S.O. 1980, Chapter 228, as amended, shall render not apply to this Agreement. 10.05 An employee’s earnings shall be corrected by the second pay following the resolution of a decision grievance concerning an employee’s wages where the grievance is resolved in writing the employee’s favour. Any correction of $200 or more will be corrected within ten (10) working days following days. 10.06 No written reprimand shall be entered in an employee's personnel file unless the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt employee and Recording Secretary or designate and Chief Xxxxxxx of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days local Union are sent a copy of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tensuch reprimand.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned (a) A grievance under this agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner Step No. An employee having a question or complaint shall refer it to her immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step No. the employee, who may request the assistance of her Xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee. It is understood that at such meeting the Administrator or her designated representative may have such counsel and assistance as she may desire, and that the employee may have her Xxxxxxx and that the Union Representative or an Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render her decision as required in Step No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step No. is given, or within ten 0) working days following the meeting under Step of the grievance procedure the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file, shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the Grievance or Arbitration Procedures. 8.02 It employee's choice who is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned An employee shall have the right to grieve any complaint arising from the application, interpretation, administration or alleged violation of this Agreement. It is understood that nothing contained in this Article is intended to preclude the informal discussion and review of employee concerns or complaints between employees and members of management. No employee shall have a grievance procedure may be extended by mutual agreementuntil the employee with the assistance of a Union representative if so desired, has given his or her immediate supervisor an opportunity to resolve the complaint. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties hereto that complaints grievances of the Nurses shall employees be adjusted as quickly as possible, possible and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care if an opportunity of adjusting the complaint. If a Nurse employee has a complaint, she may, grievance it shall be discussed with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care his or her supervisor within ten thirty (1030) days after she becomes aware of when the circumstances giving rise to the complaint grievance were known or should reasonably have occurredbeen known to the grievor in order to give the supervisor an opportunity of adjusting the grievance. The Director discussion shall be between the employee and/or union xxxxxxx, the supervisor and a representative of Nursing and Personal Care should give a decision the Human Resources Department. The supervisor's response to the grievance shall be given within ten seven (107) days following after such discussion and failing discussion. Failing settlement, it the grievance may be taken up as a grievance, in writing, the following manner and sequence provided it is presented within ten fifteen (1015) days following of the Director of Nursing and Personal Caresupervisor's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient reply to the Corporation. 8.04 Grievances properly arising under this Agreement grievance: the Union shall be adjusted and settled as follows: A Nurse, who may have present the assistance of an Employee Representative, may present a grievance in writing signed by the employee, in the case of an individual grievance, to the Vice-President, or designate, setting forth the nature of the grievance, and the remedy sought. The Vice-President or designate shall arrange a meeting with the Union and a representative of the Human Resources Department within ten seven (107) working days of the circumstances giving rise to it to receipt of the Administratorgrievance at which the grievor, who shall render in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. The Vice-President or designate may have such assistance at the meeting as is considered necessary. The Vice- President or designate will give the Union a decision in writing within ten seven (107) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred meeting with a copy to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tengrievor.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse an employee has no grievance until the Nurse she has first given the Director of Nursing and Personal Care for immediate supervisor an opportunity of adjusting the her complaint. If a Nurse has a complaint, she may, Such complaint shall be discussed with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care their immediate supervisor within ten (10) days after she becomes aware the circumstances giving rise to the compliant have occurred, and failing settlement, it shall be taken up as a grievance within ten days following manner and sequence: The Employee, with the assistance of a Xxxxxxx shall submit a written grievance signed by the employee, to her immediate supervisor. The immediate supervisor will deliver the decision in writing within ten days following the day on which the grievance was presented. Failing settlement then: Within ten (10) days following the decision under the employee and/or Grievance Committee shall submit the written grievance to the Director of Labour Relations or her designate. ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or his designate within ten (10) days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration in accordance with Article of this agreement. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty (20) days, it may be submitted to arbitration in accordance with Article However, it is expressly understood that the provisions of this article may not be used by the Union to a grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision Where no answer is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her given within the time limits noted above. The specified in the grievance procedure, the employee, the Union or the Hospital shall be discussed with Association Representatives within ten (10) working days entitled to submit the grievance to the next step of the submission and grievance procedure. Failing settlement under the General Managerforegoing procedure of any grievance between the parties, Long-Term Care shall make his decision known within ten (10) working days following arising from the date interpretation, application or alleged violation of the discussions. If this decision is considered unsatisfactory then Step No. 3 agreement, such grievance may be invoked submitted to arbitration as set forth in Article If no written requests for arbitration is received within tentwenty (20)days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles the term "days" shall be defined as "working days".

Appears in 1 contract

Samples: Collective Bargaining Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 12.1 It is the mutual desire of the parties hereto that complaints of the Nurses nurses covered by this Collective Agreement shall be adjusted as quickly as possible, . Such complaints shall be acted upon in the following manner and it sequence: Step 1 It is understood agreed that a Nurse nurse has no grievance until the Nurse nurse has first given the Director of Nursing and Personal Coordinator, Resident Care or designate an opportunity of adjusting the complaint. If Such complaint shall be discussed with the Coordinator, Resident Care or designate within five (5) working days after the circumstances giving rise to the complaint have occurred or ought reasonably to have come to the attention of the nurse. The Director of Resident Care or designate will reply within five (5) working days after the discussion of the complaint. The nurse may be accompanied by a Nurse has a nurse representative during discussion of the complaint, she mayif the nurse so desires. Failing settlement, with it may then be taken up as a grievance within five (5) working days following the reply of the Director of Resident Care or designate. Step 2 If the nurse is satisfied that there is a grievance, the nurse shall present such grievance in writing to the Director of Resident Care or designate and the nurse may have the assistance of a Nurse Representativethe nurse representative if the nurse desires. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, discuss it with the remedy sought and the section or sections of the agreement which are alleged to have been violated. The Administrator or designate will deliver the decision in writing to the grievor and the President within five (5) working days following the day on which the grievance is presented. Failing settlement - then Step No. 3 may be invoked. Step 3 Within five (5) working days following the decision of the Director of Nursing and Personal Resident Care or designate under Step No. 2, the Grievance Committee may submit the written grievance to the Director of Employee Relations or designate. A meeting will be arranged within ten (10) working days with the Administrator or designate in attendance at which time the matter will be reviewed. The Director of Employee Relations or designate will deliver the decision in writing to the grievor and the President or designate within five (5) working days from the date on which the meeting was held under Step No. 3. 12.2 The Employer may, at its discretion, refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter, the alleged circumstances of which occurred more than fifteen (15) working days prior to the filing of the grievance in writing. 12.3 Any difference arising directly between the Employer and the Union involving the interpretation, application or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step No. 3 of the grievance procedure. Any grievance by the Employer or the Union as provided in this paragraph, shall be commenced within thirty-five (35) calendar days of the date of the occurrence. No Union grievance shall be presented at Step No. 3 which the nurse, or a group of nurses could normally process as an individual grievance, or a grievance of a group of nurses. 12.4 Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration, as set forth in Article 14. If no written request for arbitration is received within fifteen (15) working days after she becomes aware the decision under Step No. 3 is given, it shall be deemed to have been settled and not eligible for arbitration. 12.5 It is agreed that grievances and replies to grievances shall be in writing in all stages. 12.6 All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and Union and the nurse(s). 12.7 No adjustment affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in computation. 12.8 Where no answer is given to the grievor(s) within the time limit specified in the grievance procedure, the grievor(s) shall be entitled to submit the grievance to the next step of the grievance procedure. 12.9 Working day as used in this Article and Articles 13 and 14, shall mean a day other than Saturday, Sunday or a specified holiday. 12.10 A grievance that is not submitted to the next step within the time limits shall be deemed to be settled and disposition shall be as per the reply given at the preceding step. 12.11 All time limits in the grievance and arbitration procedures may be extended upon mutual agreement of the parties. 12.12 Records of discipline will be removed from the nurse's file after eighteen (18) months provided the nurse's record has been discipline-free for that same period. 12.13 Letters of counsel will be removed from the nurse’s file after eighteen (18) months provided the nurse’s performance issues referenced in the letter have improved during that period. 12.14 Where more than two (2) employees have a common complaint, it may be processed as a group grievance which shall commence within nine (9) working days after the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give Step 1 will be by passed in a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a group grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

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COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse nurse and/or the Union may present a complaint at any time to the appropriate Program Manager without recourse to the Grievance Procedure set forth hereunder. It is further understood that any failure upon the part of the Program Manager to act or to reply to a complaint shall in no way invalidate the time limits set forth in the Grievance Procedure. 8.02 A grievance is an allegation that a nurse has no been disciplined or discharged without just cause or that either party has acted contrary to this Agreement with regard to the interpretation, application or administration of one (1) or more specific provisions. 8.03 Every grievance until shall: (a) be in writing; (b) contain a statement as to the Nurse matter in issue; (c) state in what respect the Agreement has first given been violated or misinterpreted by reference to a specific clause or clauses; (d) stipulate the Director nature of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care relief or remedy sought; (e) to be filed within ten fifteen (1015) days after she becomes aware (exclusive of the days of vacation for a grieving nurse) of the alleged circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement The following shall be adjusted and settled as followsthe procedure for the handling of the grievance of a nurse: A Nurse, who may have the assistance of an Employee Representative, may Step No. 1 He/She shall present a such grievance in writing within ten fifteen (1015) working days of the alleged circumstances giving rise to it the grievance, to the Administrator, who Human Resources Manager or delegate and he/she shall render be accompanied by a decision in writing within ten (10) working days following member of the day on which the grievance was submittedGrievance Committee. If this decision a settlement satisfactory to the nurse is unsatisfactorynot reached within five (5) days, Step No. 2 then the second step of the Grievance Procedure may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted aboveinvoked. The grievance shall be discussed submitted to the Grievance Committee who, together with Association Representatives the grievor, may take the matter up with the Medical Officer of Health or delegate. The Medical Officer of Health shall give his/her reply within ten a period of five (105) working days. Should the decision be deemed unsatisfactory, or if no decision is rendered within five (5) days, then the Grievance Committee may invoke the arbitration provisions of this agreement. If no advice is received as to the Grievance Committee invoking the arbitration procedure within fifteen (15) days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following from the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may or within fifteen (15) days from when the decision ought to have been rendered or within twenty (20) days from the date of receipt of the grievance, it shall be invoked within tenpresumed that the grievance has been settled.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner. An employee having a question or complaint shall refer it to his immediate supervisor within four (4) working days of the actual occurrence leading to the question or complaint. The Supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from the date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step No. the employee, who may request the assistance of his or her xxxxxxx shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire and that the employee may have his xxxxxxx and an Union Representative may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Step No. Should the Administrator fail to render his decision as required in Step No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no request for arbitration is received within five (5) working days after the decision under Step No. is given or within ten (IO) working days following the meeting under Step No. of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or Arbitration Procedures. 8.02 It by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the mutual desire employee shall have the right to the presence of Union committee member or a member representative of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it employee's choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until nurse and/or the Nurse has first given Union may present a complaint at any time to the appropriate Director without recourse to the Grievance Procedure set forth hereunder. It is further understood that any failure upon the part of the Director to act or to reply to a complaint shall in no way invalidate the time limits set forth in the Grievance Procedure. 8.02 A grievance is an allegation that a nurse has been disciplined or discharged without just cause or that either party has acted contrary to this Agreement with regard to the interpretation, application or administration of Nursing and Personal Care an opportunity of adjusting one (1) or more specific provisions. 8.03 Every grievance shall: (a) be in writing; (b) contain a statement as to the complaint. If matter in issue; (c) state in what respect the Agreement has been violated or misinterpreted by reference to a Nurse has a complaint, she may, with specific clause or clauses; (d) stipulate the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware nature of the relief or remedy sought; (e) to be filed within fifteen (15) working days (exclusive of the days of vacation for a grieving nurse) of the alleged circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement The following shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days procedure for the handling of the circumstances giving rise to it to the Administrator, who shall render grievance of a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, nurse: Step No. 2 1 He/She shall present such grievance to the appropriate Director or delegate and he/she shall be accompanied by a member of the Grievance Committee. If a settlement satisfactory to the nurse is not reached within five (5) working days, then the second step of the Grievance Procedure may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted aboveinvoked. The grievance shall be discussed submitted to the Grievance Committee who, together with Association Representatives the grievor, may take the matter up with the Medical Officer of Health or delegate. The Medical Officer of Health shall give his/her reply within ten a period of five (105) working days of days. Should the submission and the General Managerdecision be deemed unsatisfactory, Long-Term Care shall make his or if no decision known is rendered within ten five (105) working days following days, then the Grievance Committee may, invoke the arbitration provisions of this agreement. If no advice is received as to the Grievance Committee invoking the arbitration procedure within fifteen (15 days) from the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may or within fifteen (15 days) from when the decision ought to have been rendered or within the twenty (20 days) from the date of receipt of the grievance, it shall be invoked within tenpresumed that the grievance has been settled.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner: An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 It is the mutual desire Union committee member or, if either of the parties that complaints above are not available, a member representative of the Nurses shall be adjusted as quickly as possible, and it employee's choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any Employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. b) All complaints and grievances shall be taken up in the following manner: A Nurse, who may have the assistance of an An Employee Representative, may present having a grievance in writing question or complaint shall refer it to his immediate Supervisor within ten eight (10) 8) working days of the circumstances actual occurrence leading to the question or complaint. The Supervisor shall reply to the Employee, giving rise the answer to it the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, the Employee, who may request the assistance of his or her Xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the Employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, who and that the Employee may have his Xxxxxxx and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the Employee or the Employer. The decision of the Administrator or his designated representative shall render a decision be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number 2 is given, or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the ‌ (a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner: A Nurse, who may have the assistance of an Employee Representative, may present Step Number 1‌ An employee having a grievance in writing question or complaint shall refer it to his immediate supervisor within ten eight (10) 8) working days of the circumstances giving rise to it actual occurrence leading to the Administratorquestion or complaint. The Supervisor shall reply to the employee, giving the answer to the complaint or question within two (2) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, the employee, who may request the assistance of his or her xxxxxxx, shall render a decision submit the grievance in writing to the Director of Administration. A meeting will then be held between the Director of Administration or his designated representative and the employee. It is understood that at such a meeting the Director of Administration or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Director of Administration or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Director of Administration fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number 2 is given, or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned Either the Employer or the Union or any employee has the right to lodge a grievance with respect to any mat- ter arising out of the interpretation, application or alleged violation of this agreement. It is the mutual desire of the parties hereto that com- plaints of the Employer or of the employee shall be ad- justed as equitably as possible, and it is understood that an employee has no grievance until he has first given his su- pervisor an opportunity to adjust his complaint. If an employee has an unsettled complaint within the terms of this agreement, it may be taken up as a griev- ance within five (5) working days after the circumstances giving rise to the grievance occur, in the following man- ner and sequence: the employee, his Shop Xxxxxxx, the Chief Xxxxxxx, the Supervisor and the Department or Manager. The grievance procedure shall be submitted in writing and the decision given in writing within three (3) full working days. Fail- ing a settlement the grievance may be extended by mutual agreementprocessed to the next step within five (5) working days of the Supervi- sor’s decision. By the employee, his Shop Xxxxxxx, the Chief Xxxxxxx, and the or Manager and the Department Director. The discussion at this step will be held within five (5) full working days and the decision of the Director shall be given in writing within four (4) working days. Failing a settlement the may be processed to the next step within five (5) full working days following the decision of Step By the employee, the Chief Xxxxxxx, the Union Presi- dent or designate, and the Director of Personnel or desig- nate and the Department Director or designate, at which time the written record of the grievance shall be submitted and the decision given, in writing, within five (5) full working days. Failing a settlement under Step of any difference between the parties arising from the interpretation, appli- cation, administration or alleged violation of this agree- ment, including any question as to whether a matter is ar- bitrable, such difference or question may be taken to arbi- tration as provided in Article If no written request for arbitration is received within ten (10) days after the deci- sion in Step is given, it shall be deemed to have been settled or abandoned. adjustment arising out of the settlement of any employee’s grievance or the grievance of a group of em- ployees under the Grievance or Arbitration Procedure shall not be made retroactive before the date it was presented Saturdays, Sundays, and paid holidays shall not Statutory Holidays will be counted in determining the time in within which any action is to be taken or completed under the Grievance or Arbitration Any and all time limits fixed by this Article and Article may be at any time extended by written agree- ment between the Employer and the Union. All the decisions arrived at between the Employer and the Union shall be final and binding upon each of them and the employee or employees concerned. When either party requests that any matter be sub- mitted to Arbitration as hereinbefore provided, it shall make such request in any writing addressed to the other party to this agreement and at the same time nominate an arbi- trator. Within five (5) full working days thereafter the other party shall nominate an arbitrator provided, however, that if such party fails to nominate an arbitrator as herein re- quired, the Ontario Labour Management Arbitration Com- mission shall have power to effect such appointment upon application thereto by the party invoking Arbitration Pro- cedure. The two (2) arbitrators shall attempt to select by agreement a third person to be a member and Chairman of the Arbitration Board. If they are unable to agree upon such a Chairman within a period of three (3) full working days, they may then request the Ontario Labour Manage- ment Arbitration Commission to assist them in selecting a Chairman provided that the Chairman shall be selected other than the Civil Service and shall be chosen hav- ing regard to his impartiality, his qualifications in inter- preting Collective Bargaining Agreements and his famili- arity with industrial relations. No person may be appointed as an who has been involved in an attempt to negotiate or settle the grievance. No matter may he submitted to which has not been properly carried through all previous steps of the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor alter, modify or amend any part of this agreement. The proceedings of the Arbitration Procedures. 8.02 It is Board will he expedited the mutual desire parties hereto, and the decision of the majority of such Board will he final and binding upon the parties hereto and the concerned. In dealing with matters of discipline, disciplinary demotion transfer, the conferring parties or the Board of Arbitration shall have the power to: confirm the Employer’s action; reverse the Employer’s action; make any other arrangements which may be deemed just in the opinion of the conferring parties or the Board of Arbitration. Each of the parties that complaints hereto will hear the fees and expenses of the Nurses shall be adjusted as quickly as possiblearbitrator appointed by it, and it is understood that a Nurse has no grievance until the Nurse has first given parties will jointly bear the Director of Nursing fees and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware expenses of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days Chairman of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenBoard.

Appears in 1 contract

Samples: Collective Bargaining Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in (a) A grievance under this Agreement shall be defined as any difference or dispute between the grievance procedure may be extended by mutual agreement. SaturdaysEmployer and any employee relating to the interpretation, Sundaysapplication or administration of this Agreement, including any questions as to whether the matter is arbitrable and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Proceduresan allegation that this Agreement has been violated. 8.02 (b) It is the mutual desire of the parties hereto that complaints of the Nurses employees shall be adjusted as quickly as possible, and it . It is generally understood that a Nurse an employee has no grievance until the Nurse she has first given the Director of Nursing and Personal Care Employer an opportunity of adjusting the to adjust her complaint. If All complaints and grievances shall be taken up in the following manner: An employee having a Nurse has question or complaint shall refer it to a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care Supervisor within ten (10) calendar days after she becomes aware of the circumstances actual occurrence leading to the question or complaint. The Supervisor shall reply to the employee, giving rise the answer to the complaint or question within fourteen (14) calendar days from the date of submission. Failing settlement at Step 1, the employee, who may request the assistance of his or her Union Xxxxxxx, shall submit the grievance in writing to the Branch Manager within fourteen (14) calendar days after the decision is given in Step 1. A meeting will then be held within seven (7) calendar days of receipt of the written grievance, between the Branch Manager or his designated representative and the employee. It is understood that at such a meeting the Branch Manager or his designated representative may have occurredsuch counsel and assistance as he may desire, and that the employee may have his Union Xxxxxxx and that the Union Staff Representative may also be present at the request of either the employee or the Employer. The Director decision of Nursing and Personal Care should give a decision the Branch Manager or his designated representative shall be given in writing within ten fourteen (1014) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) calendar days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arisemeeting. Failing settlement at Step 2, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to Arbitration by either the General ManagerEmployer or the Union. If no written request for Arbitration is received within fourteen (14) calendar days after the decision under Step 2 is given, Long-Term Care by submitting it to him/her or within fourteen (14) calendar following the expiration of the time limits noted above. The limit set out for rendering the decision under Step Number 2 of the grievance procedure, the grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tendeemed to have been abandoned.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 18.01 It is the mutual desire of the parties that the complaints of the Nurses shall employees be adjusted as quickly as possible, and it . It is understood that a Nurse has no grievance until the Nurse has in all cases an employee or her xxxxxxx shall first given the Director of Nursing and Personal Care give her immediate supervisor an opportunity to address her complaint before proceeding further with any grievance in accordance with this Article. An employee shall not leave her regular duties in order to submit a grievance. 18.02 The Employer or the Union shall not be required to consider or process any grievance, which arises out of adjusting the complaint. If a Nurse has a complaintany action, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten or condition more than five (105) days after she becomes aware the subject of the circumstances giving rise to the complaint have such grievance occurred. The Director If the action or condition is of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlementcontinuing or recurring nature, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decisionlimitation period shall not begin to run until the action or condition has ceased. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 18.03 Grievances properly arising under this the Agreement shall be adjusted and settled as follows: a. Step 1: A NurseWithin five (5) days after the circumstances giving cause for the grievance have occurred, who may the employee, together with her xxxxxxx, shall address the matter with the employee’s manager. The manager shall have three (3) days to adjust the assistance complaint of an Employee Representativethe employee. b. Step 2: Within five (5) days of having received the manager’s response, may present a grievance in writing or within ten five (105) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day date on which such response was to have been provided, the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives presented to the manager in writing on the Union's standard form. The parties shall meet within ten the next five (105) working days and shall endeavour to settle the grievance. The manager shall issue her written decision respecting the grievance within five (5) days of the submission and meeting contemplated by this Article. c. Step 3: Within five (5) days of having received the General Managermanager’s response, Long-Term Care shall make his decision known or within ten five (105) working days following of the date on which such response was to have been provided, the grievance shall be presented to the president or his designate, in writing on the Union's standard form. The parties shall meet within the next five (5) days and shall endeavour to settle the grievance. The president or his designate shall issue a written decision respecting the grievance within five (5) days of the discussions. If meeting contemplated by this decision is considered unsatisfactory then Step No. 3 may be invoked within tenArticle.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that-this Agreement has been violated All complaints and grievances shall be taken up in the following manner Step Number An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten (10) working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any the employee's personnel file shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the employee's choice who is working on the current shift. Discharge Grievance In the event of an employee who has completed his probationary period being discharged from employment, and the employee feeling that an injustice has been done, the case may be taken up .as a grievance. All such cases shall be taken up as a grievance within four (4) days and disposed of within seven (7) days (or such longer period as maybe mutually agreed upon) of the date of the employee is notified of his discharge, except where a case is taken to Arbitration. Such a claim by an employee who has completed his probationary period shall be treated as a grievance if a written statement of such grievance is lodged with the Administrator within four (4) days after the employee is notified of his discharge or within four (4) days after the employee ceases to work for the Employer, whichever is the earlier. All steps of the Grievance grievance procedure to Step Number may be omitted in such cases. Such special grievances may be settled by confirming the Employer's action in dismissing the employee, or Arbitration Procedures. 8.02 It by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the mutual desire opinion of the conferring parties that complaints or the Board of Arbitration, as the case may be. Employer's Grievances The Employer may institute a grievance consisting of an allegation of a general misinterpretation or violation of this Agreement (by the Union or any employee covered by this Agreement), in writing, at Step Number of the Nurses shall be adjusted as quickly as possiblegrievance procedure, and by a written statement of said grievance to the Union Representative, providing it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care presented within ten (10) working days after she becomes aware of the circumstances giving rise to the complaint grievance have originated or occurred. The Director of Nursing and Personal Care should ; the Union Representative shall give a his decision in writing within ten five (105) working days following such discussion after receiving the written grievance and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to Arbitration by the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed Employer in accordance with Association Representatives within ten (10) working days Step Number of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tengrievance procedure.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that-this Agreement has been All complaints and grievances shall be taken up in the following manner: Step Number An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number I,the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the Grievance or Arbitration Procedures. 8.02 It employee's choice who is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the (a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner: A NurseStep Number 1 An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. Step Number 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, the employee, who may have request the assistance of an Employee Representativehis or her xxxxxxx, may present a shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Unifor Union Representative or an National Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Step Number 3 Should the Administrator fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within ten (10) working days of after the circumstances giving rise to it to the Administratordecision under Step Number 2 is given, who shall render a decision in writing or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 22.01 It is the mutual desire of the parties to this Agreement that reasonable and legitimate complaints and grievances of the Nurses employees shall be adjusted dealt with as quickly as possible, and it . 22.02 It is understood that a Nurse has no grievance until the Nurse has in all cases an employee shall first given the Director of Nursing and Personal Care give his immediate supervisor an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, to address his complaint before proceeding further with the assistance of a Nurse Representative, discuss it any grievance in accordance with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decisionthis Article. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 22.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse: a. Within five (5) working days after the circumstances giving rise to the grievance occurred, who may have the assistance of an Employee Representativegrievance shall be presented to the Employer, may present a in writing, on the Union's standard form and the parties shall meet within the next five (5) working days to endeavour to settle the grievance. b. The Employer shall issue its written decision respecting the grievance in writing within ten five (105) working days of the meeting contemplated by this Article. If the Employer's decision is not satisfactory to the Union, the Union may refer the grievance to arbitration in accordance with Article 23. 22.04 A Group Grievance is defined as a single grievance, signed by a Xxxxxxx or Union representative, on behalf of a group of employees who have the same complaint. A Group Grievance shall be processed in accordance with Article 22.03 of the grievance procedure set out above. The names of the employees having the same complaint and advancing such Group Grievance shall be identified and listed on the grievance form. 22.05 A Policy Grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement, or alleged violation of any provision of this Agreement, including any question as to whether a matter is arbitrable. A Policy Grievance may be submitted by either the Union or the Employer in accordance with Article 22.03 of the grievance procedure outlined above. In the case of a Policy Grievance submitted by the Employer, all references to "Union" and "Employer" in Articles 22.03 and 22.04 shall be interchangeable. Such Policy Grievance shall be signed by a Xxxxxxx or a Union representative or, in the case of an Employer's Policy Grievance, by the Employer or its designated representative. 22.06 In the event that the circumstances giving rise to it any grievance occurred more than five (5) days prior to the Administratorcomplaint or grievance being initiated and delivered to either the Employer or the Union, who as the case may be, then and in such event neither the Employer nor the Union shall render a decision be required to consider or process any such grievance. 22.07 For the proper administration of this Article: a. The nature of the grievance, the remedy sought and the Article or Articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance. b. In determining the time which is allowed in the various steps, only working days shall be included, and any time limits may be extended by agreement in writing within ten (10) working days following the day on which the grievance was submitted. only. c. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt advantage of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her provisions of this Article 22 is not taken within the time limits noted specified herein as set out above. The , or as extended in writing between the parties, the grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may not be invoked within tenreopened.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in (a) A grievance under this Agreement shall be defined as any difference or dispute between the grievance procedure may be extended by mutual agreement. SaturdaysEmployer and any team member or the Union relating to the interpretation, Sundaysapplication, and paid holidays shall not be counted in determining administration or alleged violation of this Agreement, including any question as to whether the time in which any action matter is to be taken or completed in any steps of the Grievance or Arbitration Proceduresarbitrable. 8.02 (b) It is the mutual desire of the parties hereto that complaints of team member(s), the Nurses Union, and the Employer shall be adjusted as quickly equitably as possible, and it is understood that a Nurse team member has no grievance until the Nurse she or he has first given the Director of Nursing and Personal Care her or his Department Co-ordinator or designate an opportunity of adjusting the to address her or his complaint. (a) All complaints and grievances shall be taken up as follows: Step No. If 1 A team member having a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss complaint shall raise it with the Director of Nursing and Personal Care to her or his Department Co- ordinator or designate within ten five (105) calendar days after she becomes the team member became aware or ought reasonably to have become aware of the incident or circumstances giving rise to the complaint have occurredcomplaint. At this stage, the team member may be accompanied by a Committee Member, if she or he so desires. The Director Department Co-ordinator or designate shall reply to the team member giving the answer to the complaint or question within five (5) calendar days from date of Nursing and Personal Care should give a decision within ten submission. (10b) days following such discussion and failing settlementStep No. 2 If the complaint is not settled at Step No. 1, it the complaint may be taken up submitted as a grievance in writing to the Executive Director or designate within five (5) calendar days of the receipt of the Department Co-ordinator or designate’s reply at Step No. 1. The grievance must set out the specific provision of the Agreement alleged to have been violated and the specific remedy sought for the team member. The Employer, the team member and the Union may mutually agree to meet and discuss the grievance. The Executive Director or designate shall provide her or his reply to the team member and the Union in writing within five (5) calendar days of the receipt of the written grievance or the meeting, whichever is later. The team member may have a Committee Member if but she or he is solely responsible for arranging for the Committee Member to attend and any meeting will not be delayed or postponed due to the unavailability of a Committee Member. (c) Step No.3 If the reply of the Executive Director or designate is not satisfactory to the Union and the Union intends to pursue the grievance, in writing, within ten (10) days following the Union may request a meeting with the Director of Nursing Operations within five (5) calendar days of the receipt of the Executive Director or designate’s reply at Step No. 2. The team member and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who Union Committee Member may have the assistance of an Employee Representativea Unifor staff representative or a Local Officer if they wish at the meeting. If the grievance is not resolved in the meeting, may present a grievance the Director of Operations or designate shall provide her or his reply to the team member and the Union in writing within ten five (105) working calendar days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submittedmeeting. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from Following receipt of the Administrator’sreply, reply. The grievance may be referred should the Union wish to refer the matter to arbitration it shall do so according to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenArbitration procedure set out below.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned The parties hereto shall meet promptly through their authorized representatives respectively to discuss and adjust any dispute and/or grievance which may arise between the parties. Every effort shall be exerted mutually to adjust any and all grievances which may arise. Any dispute or grievance between the employee and the employer shall be with as provided in the procedure in the following clauses. An employee having a complaint shall discuss it with his supervisor either alone or in the presence of his Xxxxxxx or Chief Xxxxxxx. The supervisor give his decision within three (3) working days following the discussion. Failing settlement at Step to process a grievance it must be presented to the supervisor in writing at Step of the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining within five (5) working days from the time in the circumstances upon which any action the grievance is based or were and will state the of this agreement that is claimed to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses violated. The grievance shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until submitted in writing to the Nurse has first given supervisor either directly or through the Director of Nursing and Personal Care an opportunity of adjusting the complaintUnion. If a Nurse has a complaint, she may, The supervisor shall meet with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care employee's Union Xxxxxxx within ten three (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (103) working days of the circumstances giving rise receipt of the grievance in an attempt to resolve the grievance. The may be present at this meeting if requested by either Party. The supervisor shall within a three (3) working days to the grievance and return it to the AdministratorUnion If the grievance remains unsettled at the conclusion of Step Two, the grievance may be submitted to the Human Resources Manager who shall render a decision in writing within ten five (105) working days following arrange a meeting between not more than three (3) members of the day on which Union Bargaining Committee and appropriate representatives of Management, in a final attempt to resolve the grievance was submittedgrievance. If this decision is unsatisfactory, Step No. 2 may be invoked The Human Resources Manager or their designee shall within ten a five (105) working days from receipt give his decision, in writing, to the Union. If the grievance remains unsettled at the conclusion of Step Three, the grievance may be submitted to the Human Resources Manager who shall within five (5) working days arrange a meeting between not more than three (3) members of the Administrator’sUnion Bargaining Committee and appropriate representatives of Management, replyin a final attempt to resolve the grievance. The Field Staff Representative of the Union and may be present at this meeting if requested by either Party. The Human Resources Manager or their designee shall within a five (5) working days give his decision, in writing, to the Union. If final of the grievance is not reached at Step Four (4)then the grievance may be referred in writing to Arbitration as provided in Article Arbitration, at any time within thirty (30) calendar days after the General Managerdecision is received under Step Four (4). When two (2) or more employees wish to file a grievance arising the same alleged violation of the Agreement, Long-Term Care by submitting it to him/her within the time limits noted abovesuch grievance may be handled as a group grievance. The Union or the Company shall have the right to initiate a policy or a grievance shall be discussed with Association Representatives within ten (10) working days of a general nature, and all provisions of the submission Grievance and the General Manager, Long-Term Care Arbitration Procedures shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenapply to such grievances

Appears in 1 contract

Samples: Collective Labour Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the fallowing manner Step No. An employee having a question or complaint shall refer it to her immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step No. the employee, who may request the assistance of her Xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee. It is understood that at such meeting the Administrator or her designated representative may have such counsel and assistance as she may desire, and that the employee may have her Xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting. Step No. Should the Administrator fail to render her decision as required in Step No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step No. is given, or within ten working days following the meeting under Step of the grievance procedure the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee’s personnel file, shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the Grievance or Arbitration Procedures. 8.02 It employee’s choice who is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned 6.01 For the purpose of this agreement, a grievance shall mean any dispute involving the following paragraphs: a) Wages, hours of work or other working conditions as contained in this agreement. b) Charges or allegations that an employee or group of employees has been treated unfairly or discriminated against by the Company concerning conditions contained in this agreement. 6.02 The Company agrees that any employee or Representative thereof may approach Management through supervisory line organization concerning matters which deserve consideration, modification or improvement. 6.03 It is the mutual desire of the parties hereto that complaints and grievances of the employees be adjusted as quickly as possible. 6.04 A grievance shall be presented as soon as practicable following the circumstances which caused the grievance to become known to the grievor or the Union. 6.05 Any differences, disputes or grievances that may arise with respect to the interpretation, application or alleged violation of any provisions of this agreement shall be dealt with in accordance with the grievance procedure which follows: 6.05.01 - STEP 1 It is generally understood that an employee having a complaint shall first give the first-level manager concerned an opportunity of adjusting the condition causing the complaint. The employee may request the assistance of a Union Representative when taking up a complaint with the first-level manager. The first-level manager concerned shall give a verbal answer within two (2) working days. If an employee or the Union desires to lodge a grievance, he must inform the first-level manager concerned. The latter shall convene a meeting within five (5) working days with the employee, the Union Representative and the Employee Relations Specialist. If the grievance has been submitted in writing, he shall give a written answer to the Union within five (5) working days after the meeting. The written answer must indicate the name of the responsible person at the second step for this grievance. 6.05.02 - STEP 2 Failing satisfactory settlement at the first step, within five (5) working days following the answer, the grievance shall be submitted, in writing to the second-level manager with a copy to the first-level manager concerned. The second-level manager shall convene a meeting within ten (10) working days with the District Representative and/or his delegate, the HR Director and/or his delegate and any other appropriate person convened by one of the parties; the parties shall be informed in advance of the names of the people invited to this meeting. Following this meeting, the management representative shall send a written answer within five (5) working days after the meeting. 6.05.03 - Any period of time specified in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Labour Agreement (Cable Design Technologies Corp)

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in (a) A grievance under this Agreement shall be defined as any difference or dispute between the grievance procedure may be extended by mutual agreement. SaturdaysEmployer and any employee relating to the interpretation, Sundaysapplication or administration of this Agreement, including any questions as to whether the matter is arbitrable and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Proceduresan allegation that this Agreement has been violated. 8.02 (b) It is the mutual desire of the parties hereto that complaints of the Nurses employees shall be adjusted as quickly as possible, and it . It is generally understood that a Nurse an employee has no grievance until the Nurse she has first given the Director of Nursing and Personal Care Employer an opportunity of adjusting the to adjust her complaint. If All complaints and grievances shall be taken up in the following manner: An employee having a Nurse has question or complaint shall refer it to a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care Supervisor within ten (10) calendar days after she becomes aware of the circumstances actual occurrence leading to the question or complaint. The Supervisor shall reply to the employee, giving rise the answer to the complaint have occurred. The Director of Nursing and Personal Care should give a decision or question within ten (10) calendar days following such discussion and failing settlementfrom the date of submission. Failing settlement at Step 1, it the employee, who may be taken up as a grievancerequest the assistance of his or her Union Xxxxxxx, shall submit the grievance in writing, writing to the District Director or designate within ten (10) calendar days following after the decision is given in Step 1. A meeting will then be held within seven (7) calendar days of receipt of the written grievance, between the District Director or his designated representative and the employee. It is understood that at such a meeting the District Director or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his Union Xxxxxxx and that the Union Staff Representative may also be present at the request of Nursing and Personal Care's decision. 8.03 Should a grievance arise, either the Grievor will discuss employee or the grievance with Employer. The decision of the Association Representative on the Employee's own time District Director or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement his designated representative shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance given in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working calendar days following the day on which meeting. Failing settlement at Step 2, the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to Arbitration by either the General ManagerEmployer or the Union. If no written request for Arbitration is received within fourteen (14) calendar days after the decision under Step 2 is given, Long-Term Care by submitting it to him/her or within fourteen (14) calendar following the expiration of the time limits noted above. The limit set out for rendering the decision under Step Number 2 of the grievance procedure, the grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tendeemed to have been abandoned.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned Complaints and grievances shall be dealt with in the follow- ing manner. grievances must be in writing (Step excepted), and filed within seven (7) working days of the alleged grievance. If an employee has a complaint, he shall, with or without his xxxxxxx, take the matter up orally with his district supervisor. The district supervisor will give his answer to the complaint within two (2) working days after it has been brought to his attention. For the purpose of this clause, district supervisor shall include district supervisor, inspection supervisor, traffic xxxxxxx, service centre supervisor and survey supervisor. If the reply of the district supervisor is not satisfactory, the complaint shall be stated in writing as a grievance an within five (5) working days after the district given his answer, be submitted by the employee and a xxxxxxx to the section manager. Within two (2) working days after receipt, the section manager will commence discussion with the employee and his xxxxxxx, and will his reply, in writing, within a further two (2) working days. For the purpose of this clause, Section Manager shall include Manager Public Works for all areas except Service Centre, which will be Director Fleet Maintenance. If the reply of the Section Manager is not satisfactory, the grievance may, within five (5) working days, be referred to the Director of Engineering and Works or designate, or the Corporate Director responsible for the Service Centre or designate, and such other representative as may be chosen to represent the City, will meet with the Union Committee to discuss the grievance within five (5)working days after it has been referred to this step. At this meeting, a full-time representative of the Union may be present if his presence is requested by either party. A written reply to the grievance will be given within five (5) working days after the meeting has been held. If a grievance is not settled to the satisfaction of either party to this Agreement by the procedure outlined above, then either such party may, within seven (7) working days, refer the grievance to arbitration in accordance with the provisions contained in Article Any of the time allowances provided in this Article may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining agreement between the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission City and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenUnion Committee.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner, Step An employee having a question or complaint shall refer it to his immediate supervisor within ten (10) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from the date of the submission. If the reply of the supervisor is not satisfactory to the employee, the grievance procedure will then be stated in writing, dated and signed by the employee and will, within five (5) working days after the date of the supervisor's reply, be submitted to the Home Administrator or her designate or, in her absence, to her secretary. Within five (5) working days after receiving a written grievance, the Home Administrator (or her designate) will meet with the employee and his xxxxxxx to discuss the matter. At this meeting a representative will be present if requested by either party. A reply to the grievance will be given within three (3) working days after this meeting has been held. If arbitration of any grievance is to be invoked, the request shall be made by either party within fifteen (15) days after the date of the reply at Step (a) The Home shall not be required to consider any grievance, the alleged circumstances of which occurred more than one (1) week before being taken up at Step With grievances concerning pay, any action shall be taken as soon as reasonably possible following receipt of the pay cheque. If the Union or any of its representativesfails to observe any of the time limits set out under this grievance procedure, the grievance shall be considered as dropped. If the Home fails to observe the time limits the grievance will be advanced to the next step or to arbitration, whichever is applicable. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee’s file, shall have to presence of a Union The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the Grievance or Arbitration Procedures. 8.02 It employee’s choice who is working on the mutual desire current shift. A claim by an employee who have completed his probationary period that he has been unjustly discharged from his employment will be treated as a special grievance, commencing at Step of the parties that complaints of grievance procedure, provided the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a discharged person submits his written grievance, in writingdated and signed, within ten four (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (104) working days after the discharge occurs. Such special grievances may be settled by confirming the discharge, or by reinstating the discharged person with full compensation for time or by any other arrangement which is just and equitable in the opinion of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenconferring parties.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnet file shall have the right to the presence of the Grievance Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or Arbitration Procedures. 8.02 It by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the mutual desire employee shall have the right to the presence of a Union committee member or a member representative of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it employee's choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the (a) A grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted defined as any difference or dispute between the Employer and settled any employee relating to the interpretation, application or administration of this Agreement, including any questions as followsto whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner: A Nurse, who may have the assistance of an Employee Representative, may present Step Number 1 An employee having a grievance in writing question or complaint shall refer it to his immediate supervisor within ten eight (10) 8) working days of the circumstances giving rise to it actual occurrence leading to the Administratorquestion or complaint. The Supervisor shall reply to the employee, giving the answer to the complaint or question within two (2) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number 1, the employee, who may request the assistance of his or her xxxxxxx, shall render a decision submit the grievance in writing to the Director of Administration. A meeting will then be held between the Director of Administration or his designated representative and the employee. It is understood that at such a meeting the Director of Administration or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Director of Administration or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Director of Administration fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number 2 is given, or within ten (10) working days following the day on which meeting under Step Number 2 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned ‌ (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the following manner Step Number 1 An employee having a question or complaint shall refer it to his immediate supervisor within seven (7) days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within seven (7) days from date of submission. If no settlement is reached, the employee in writing may file a grievance procedure may be extended by mutual agreementwith the immediate Supervisor, providing this is done within ten (10) days of the incident giving rise to the grievance. Saturdays, Sundays, and paid holidays The immediate Supervisor shall not be counted respond to the grievance in determining the time in which any writing within ten (10) days of its receipt. If further action is then to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possibletaken, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care then within ten (10) days after she becomes aware the decision is given in Step Number 2, the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the SEIU Union Representative or an International Representative of the circumstances giving rise to Union may also be present at the complaint have occurredrequest of either the employee or the Employer. The Director decision of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may the Administrator or his designated representative shall be taken up as a grievance, given in writing, writing within ten (10) days following the Director meeting. Should the Administrator fail to render his decision as required in Step Number 3, or failing settlement of Nursing and Personal Care's decision. 8.03 Should any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a grievance arisematter is arbitrable, the Grievor will discuss grievance may be referred to Arbitration by either the grievance with Employer or the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing Union. If no written request for Arbitration is received within ten (10) working days of after the circumstances giving rise to it to the Administratordecision under Step Number 3 is given, who shall render a decision in writing or within ten (10) working days following the day on which meeting under Step Number 3 of the grievance was submitted. If this decision is unsatisfactoryprocedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission deemed to have been abandoned and the General Manager, Long-Term Care same grievance shall make his decision known within ten (10) working days following not be the date subject matter of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tena further grievance.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned (a) A grievance shall be defined as any difference or dispute between the Employer and any employee or the Union or a Violation of Statute or Regulation relating to the interpretation, application, administration or alleged violation of this Agreement, or any other relevant Legislation including any questions as to whether a matter is arbitrable. (b) All complaints and grievances shall be taken up in the grievance procedure following manner: Step No. 1 An employee having a question or complaint shall refer it to their immediate Supervisor or designate within five (5) days of the actual occurrence leading to the complaint, or would have reasonably come to the attention of the employee. At this stage, the Employee may be extended accompanied by mutual agreementa Union Xxxxxxx, if she so desires. Saturdays, SundaysThe Supervisor or designate shall reply to the Employee in writing giving the answer to the complaint or question within five (5) days from date of submission. 1. The grievance must set out the specific article of the Agreement alleged to have been violated, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps specific remedy sought. Within a further five (5) days of receipt of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire written grievance, a meeting of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing HR or designate, union xxxxxxx, and Personal Care an opportunity the grievor(s) shall take place. The decision of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise HR or designate shall be given in writing to the complaint have occurred. The Director of Nursing Union Xxxxxxx and Personal Care should give a decision grievor within ten five (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (105) days following the Director of Nursing meeting 2. The employee and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who Xxxxxxx may have the assistance of an Employee Representativea SEIU Union representative if they wish at the meeting. If the grievance is not resolved in the meeting, may present a grievance the Executive Director or designate shall provide her reply to the employee and the Union in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submittedmeeting. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from Following receipt of the Administrator’sreply, reply. The grievance may be referred should the Union wish to refer the matter to arbitration it shall do so according to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenArbitration procedure set out below.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. (b) All complaints and grievances shall be taken up in the grievance procedure following manner: Step No. 1 Step No. 1 may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care invoked only within ten five (105) working days after she becomes aware of the circumstances giving rise to the complaint grievance had occurred, or ought reasonably to have occurredcome to the attention of the employee. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurseemployee, who may have the assistance of an Employee Representativebe assisted by his shop xxxxxxx, may present a invoke Step No. 1 by presenting his grievance to his immediate supervisor not included in the bargaining unit. The grievance must be in writing and signed by the employee, and must set out the particulars of the facts alleged to give rise to the grievance, the section(s) of the Agreement which the employee alleges has been violated or a sufficient description of that portion, and the remedy sought. The Department Head immediate supervisor will deliver his decision in writing to the employee within ten five (105) working days of after he receives the circumstances giving rise to it to the Administrator, who shall render a decision grievance. Step No.2 Except as otherwise provided in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactoryAgreement, Step No. 2 may be invoked only within ten five (105) working days from receipt after the immediate supervisor's decision is given at Step No. 1 or in the event the immediate supervisor does not reply within five (5) working days then after the time permitted for the written decision by the supervisor. The employee may invoke Step No. 2 by submitting the written grievance to the Administrator or his designate. A meeting will be held between the Administrator or designate and the employee concerned within five (5) working days thereafter or at such time as may be mutually agreed to in writing by the Employer and the Union. A shop xxxxxxx may be present if the employee desires his assistance, and a staff representative of the Administrator’s, replyunion may be present at the request of either the Employer or the employee. The grievance may be referred to Administrator or designate_may have an advisor or advisors with her at the General Managermeeting, Long-Term Care by submitting it to him/her within the time limits noted aboveif she wishes. The grievance shall be discussed with Association Representatives presence of a second or more staff representative of the Union is subject to his or her or their being available to meet within ten five (105) working days of the submission and of the General Manager, Long-Term Care grievance at Step 2 or at a mutually agreed upon time in writing otherwise the meeting shall make proceed with his or her or their presence. The decision known of the Administrator or designate shall be delivered in writing to the Union within ten seven (107) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenof the meeting.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties to this Agreement that complaints of the Nurses employees shall be adjusted dealt with as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within . Within ten (10) working days of after the circumstances giving rise to it the grievance occurred or originated (except in the case of a discharge grievance, which may be presented within five (5) working days), the grievance shall be presented to the Administrator, who shall render a decision Employer in writing and the parties shall meet within ten five (105) working days following in an endeavour to settle the day on which the grievance was submittedgrievance. If this decision a satisfactory settlement is unsatisfactory, Step No. 2 may be invoked not reached within ten five (105) working days from receipt of this meeting, then the Administrator’s, reply. The grievance may be referred submitted to a committee consisting of two (2) members of the Union and two (2) members of the Association at any time within five (5) days thereafter, and not later, and if a satisfactory settlement is not reached within five (5) days from this meeting, the grievance may be submitted to arbitration as provided for in Article below. Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, vacation and statutory holiday pay, shift premium, travelling expenses, room and board allowances, pension and welfare contributions, reporting allowances and dues may be brought forward within one-hundred and twenty (120) days after the circumstances giving rise to the General Managergrievance were known by Union Representative. Where discipline is being imposed upon an employee, Long-Term Care by submitting it shall have the right to him/her within the presence of a xxxxxxx or union representative providing that the xxxxxxx or representative is available. No grievance may be submitted to arbitration which has not been properly processed through the grievance procedure as herein provided. When either party requests that a grievance be submitted to arbitration, the party making the request shall do so in writing addressed to the other party and at the same time limits noted aboveappoint an arbitrator. The grievance shall be discussed with Association Representatives within ten Within five (105) working days thereafter, the other party shall appoint an arbitrator. The two (2) arbitrators so appointed will meet at their earliest convenience and attempt to select, by agreement, a third (3rd) person who shall act as Chairman of the submission Arbitration Board. If they are unable to agree on a Chairman within five (5) days, they will then request the Minister of Labour of the Province of Ontario to appoint an impartial Chairman. No person may be appointed as an arbitrator who has been involved in an attempt to settle the grievance. Each of the parties hereto will bear the expense of the arbitrator it appoints. The parties will jointly bear the expenses, if any, of the Chairman. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, add to, modify or amend any part of the said Agreement or its schedules. The proceedings of the Arbitration Board will be expedited by the parties hereto, and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may Chairman will be invoked within tenand binding upon the parties hereto.

Appears in 1 contract

Samples: Demolition Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in the grievance procedure may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 6.1 It is the mutual desire of the parties hereto that complaints of the Nurses employees shall be adjusted as quickly as possible, and it is generally understood that a Nurse an employee has no grievance until the Nurse employee has first given the Director of Nursing and Personal Care Company an opportunity of adjusting the employee’s complaint. If a Nurse has a complaintAt the employee’s option, she may, with the assistance of a Nurse Representative, discuss it with employee may be accompanied by the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurredemployee’s Zone Xxxxxxx. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing Failing settlement, it the employee may be taken up as file a grievance, grievance in writing, within ten (10) days following the Director of Nursing and Personal Care's decisionaccordance with 6.02. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement 6.2 The Grievance Procedure shall be adjusted and settled as follows: A NurseIf the employee believes the employee has a grievance for an event or a situation other than wage rates or classifications that occurred within thirty (30) days, who may the employee shall present such grievance in writing to the employee’s immediate supervisor, and the employee shall have the assistance of an Employee Representative, may present the employee’s Xxxxxxx if the employee so desires. If a grievance in writing within ten (10) working days of the circumstances giving rise to it settlement satisfactory to the Administratoremployee is not reached within two (2) full working days, who shall render a decision or in writing within ten (10) working days following any longer period of time which is mutually agreed upon by the day on which the grievance was submitted. If this decision is unsatisfactoryparties, then Step No. 2 may be invoked invoked. The Grievance Committee may, within ten a period of five (105) working days from receipt after the completion of Step No. 1 present such grievance to the Company provided the alleged circumstances or origin of the Administrator’sgrievance, replyexcept in the case of continuing circumstances, occurred not more than thirty (30) days immediately prior to its original presentation at Step No. The grievance 1, and may be referred to request a meeting with the General Manager, Long-Term Care by submitting it to him/her Company within the time limits noted above. The grievance shall be discussed with Association Representatives within ten five (105) working days of such submission. At any such meeting a full-time officer of the submission and Union may be present if the General Managerofficer’s presence is requested by either party. No more than three (3) members of the Grievance Committee may be in attendance at such meeting, Long-Term Care shall make his unless the grievance involves more than one (1) department of the plant, in which case the Stewards from the affected departments may be present. The Company will give its decision known in writing within ten five (105) working days following after the date meeting has been held, a copy of which shall be sent to the Union office. If the grievance is not settled to the satisfaction of both parties, then, at the request of either party to this agreement, the grievance shall be submitted to arbitration provided such request for arbitration is made in writing to the other party within thirty (30) days, or such longer period as may be mutually agreed upon after the written decision of the discussions. If this decision is considered unsatisfactory then Company has been given at Step No. 3 may be invoked within ten2.

Appears in 1 contract

Samples: Collective Bargaining Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned Complaints and grievances shall be dealt with in the following manner. All grievances must be in writing (Step 1 excepted), and filed within seven (7) working days of the alleged grievance. Step 1 If an employee has a complaint, he shall, with or without his xxxxxxx, take the matter up orally with his supervisor. The supervisor will give his answer to the complaint within five (5) working days after it has been brought to his attention. For the purpose of this clause, supervisor shall include Area Supervisor, Traffic Maintenance Supervisor, Service Centre Supervisor and Survey and Inspection Supervisor or designate. Step 2 If the reply of the Supervisor is not satisfactory, the complaint shall be stated in writing as a grievance and shall, within five (5) working days after the Supervisor has given his answer, be submitted by the employee and a xxxxxxx to the Section Manager. Within two (2) working days after receipt, the Section Manager will commence discussion with the employee and his xxxxxxx, and will give his reply, in writing, within a further five (5) working days. For the purpose of this clause, Section Manager shall include Manager Works Maintenance & Operations, Manager Engineering Technical Services, Manager Traffic Engineering and Operations and Manager Service Centre. If the reply of the Section Manager is not satisfactory, the grievance may, within five (5) working days, be referred to the Director of Engineering and Works or designate or the Director of Transportation and Engineering Planning or designate, and such other representative as may be chosen to represent the City, will meet with the Union Committee to discuss the grievance within five (5) working days after it has been referred to this step. At this meeting, a full-time representative of the Union may be present if his presence is requested by either party. A written reply to the grievance will be given within five (5) working days after the meeting has been held. 8.02 If a grievance is not settled to the satisfaction of either party to this Agreement by the procedure outlined above, then either such party may, within seven (7) working days, refer the grievance to arbitration in accordance with the provisions contained in Article 11. 8.03 Any of the time allowances provided in this Article may be extended by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining agreement between the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission City and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenUnion Committee.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned When a difference arises between the Employer and an Employee concerning the interpretation, application, operation or an alleged violation of this Agreement, the Employee shall continue to work in accordance with the Agreement until the difference is settled, except in the case of suspension or dismissal. An Employee shall have the right to be accompanied by a Union Representative at each step of the grievance procedure process. Every effort shall be made to resolve all complaints and grievances in the following manner: Employees believing they may have a problem arising out of the interpretation, application or alleged violation of this Collective Agreement shall first discuss the matter with their immediate Supervisor within days of becoming aware of, or reasonably should have become aware of, the occurrence. Immediate Supervisor means that person from whom the Employee normally receives work assignments. Every effort shall be made by both parties to resolve the problem at this level. The Immediate Supervisor shall advise the Employee of the decision within days of discussing the matter. Employees alleging dismissal or suspension without just cause may commence their grievance at Step within days of the occurrence. If no resolution at Step then go to: Within days of the Step decision, the grievance may be extended forwarded, in writing, by mutual agreement. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is Union to be taken or completed in any steps the Employee’s specifying the nature of the Grievance or Arbitration Procedures. 8.02 It is grievance and the mutual desire redress sought. The may meet with the Union and the Employee within days of receipt of the parties that complaints grievance. In any event a decision, in writing, will be rendered within days of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaintmeeting being held. If a Nurse has a complaint, she may, with the assistance no resolution at Step then go to: Within days of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware receipt of the circumstances giving rise to decision at Step the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it Union may be taken up as a submit the grievance, in writing, within ten (10) to the General Within days following of receipt of the Director of Nursing grievance the General shall meet with the Union and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will Employee to discuss the grievance with the Association Representative on the Employee's own time or at a time convenient to the Corporation. 8.04 Grievances properly arising under this Agreement and shall be adjusted and settled as follows: A Nurserender their decision, who may have the assistance of an Employee Representativein writing, may present a grievance in writing within ten (10) working days of the circumstances giving rise to meeting being held. Should satisfactory resolution of the matter not be achieved it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of submitted to Arbitration. As per applicable Alberta legislation, the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenwill apply:

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation,application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step Number the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten (10) working days following the meeting under Step Number of the grievance procedure,the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in determining the In determiningthe time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee’s personnel file shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailablethe employee shall have the right to the presence of a Union committee member or a member representative of the Grievance or Arbitration Procedures. 8.02 It employee’s choice who is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned in 7.01 If an employee has a complaint concerning the grievance procedure may be extended by mutual agreement. Saturdaysapplication, Sundaysinterpretation, and paid holidays shall not be counted in determining the time in which administration, or alleged violation of any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 provisions of this Agreement, he/she shall take the matter up orally with his/her immediate Supervisor. The Supervisor will give his/her answer to the complaint within two (2) working days after it has been brought to his/her attention. (It is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse an employee has no grievance until the Nurse he/she has first given the Director of Nursing and Personal Care his/her Supervisor an opportunity of adjusting the complaint.) 7.02 If such complaint or question is not settled to the satisfaction of the employee, then the following steps of the grievance procedure may be invoked in order. If It is understood that a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care grievance must be lodged within ten five (105) working days after she becomes aware of the circumstances giving rise to the complaint have such a grievance has occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may . STEP 1 Any employee grievance shall be taken up as a grievance, set forth in writing, in duplicate, and shall be presented to the Supervisor. The submissions shall include reference to the specific clause and article of the Agreement allegedly violated or misinterpreted and redress sought. The Supervisor shall review the grievance and reply in writing to the Union within ten two (102) working days, giving his/her disposition and his/her reason thereof. STEP 2 If a settlement has not been reached under Step 1, the employee may within two (2) working days following of the Supervisor's reply, refer the grievance to the Administrator of the Home, at interest, or his/her nominee. The Administrator of the Home or his/her nominee together with the employee and his/her Supervisor, and his/her Xxxxxxx, shall meet within five (5) working days of reference to the Administrator of the Home. The Administrator of the Home shall give his/her reply in writing to the Union within two (2) working days after date of meeting. STEP 3 If settlement has not been reached under Step 2, the employee may refer the grievance to his/her Union Grievance Committee which may within two (2) working days of the Administrator's reply refer the grievance to the Director of Nursing and Personal Care's decision. 8.03 Should Human Resources or his/her designate. Within five (5) working days the Director of Human Resources or his/her designate together with such other representation as may be chosen to represent the Employer shall meet with the Union Grievance Committee to discuss the grievance. At this meeting a full-time representative of the Union may be present, if his/her presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union within five (5) working days after such meeting. If a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient is not settled to the Corporation. 8.04 Grievances properly arising under satisfaction of either party to this Agreement shall be adjusted and settled as follows: A Nurseby the procedure outlined above, who may have the assistance of an Employee Representativethen either party may, may present a grievance in writing within ten (10) working days of the circumstances giving rise reply of the Director of Human Resources, refer the grievance to it to arbitration in accordance with the Administrator, who shall render a decision provisions contained in Article 9. 7.03 Any of the time allowances provided in the Article may be extended by mutual agreement in writing between the Union and the Employer. 7.04 Notwithstanding the provisions of the Ontario Labour Relations Act, any grievance not initiated or appealed at any stage of the grievance procedure, including reference to arbitration within ten (10) the limits stipulated, shall be considered settled on the basis of the last decision and NOT subject to further appeal. 7.05 No employee written reprimand shall be entered in an employee's personnel file unless the employee and Local Recording Secretary or designate are given a copy of such written reprimand. 7.06 Saturdays and Sundays and paid holidays shall not be considered working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days scope of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within tenArticle.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned 601 An employee shall have the right to grieve any complaint arising from the application, interpretation, administration or alleged violation of this Agreement. It is understood that nothing contained in this Article is intended to preclude the informal discussion and review of employee concerns or complaints between employees and members of management. No employee shall have a grievance procedure may be extended by mutual agreementuntil the employee with the assistance of a Union representative if so desired, has given his or her immediate supervisor an opportunity to resolve the complaint. Saturdays, Sundays, and paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any steps of the Grievance or Arbitration Procedures. 8.02 It is the mutual desire of the parties hereto that complaints grievances of the Nurses shall employees be adjusted resolved as quickly as possible, possible and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care if an opportunity of adjusting the complaint. If a Nurse employee has a complaint, she may, grievance it shall be discussed with the assistance his or her supervisor within fourteen (14) calendar days of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of when the circumstances giving rise to the complaint grievance were known or should reasonably have occurredbeen known to the grievor in order to give the supervisor an opportunity of adjusting the grievance. The Director discussion shall be between the employee and/or union xxxxxxx, the Supervisor and a representative of Nursing and Personal Care should give a decision the Company. The supervisor's response to the grievance shall be given within ten seven (107) days following after such discussion and failing discussion. Failing settlement, it the grievance may be taken up as a grievance, in writing, the following manner and sequence provided it is presented within ten fifteen (1015) days following of the Director of Nursing and Personal Caresupervisor's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative on the Employee's own time or at a time convenient reply to the Corporation. 8.04 Grievances properly arising under this Agreement grievance: the Union shall be adjusted and settled as follows: A Nurse, who may have present the assistance of an Employee Representative, may present a grievance in writing signed by the employee, in the case of an individual grievance, to the Publisher, or designate, setting forth the nature of the grievance, and the remedy sought. The Publisher or designate shall arrange a meeting with the Union and a representative of the Human Resources Department within ten seven (107) working days of the circumstances giving rise to it to receipt of the Administratorgrievance at which the grievor, who shall render in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. The Publisher or designate may have such assistance at the meeting as is considered necessary. The Publisher or designate will give the Union a decision in writing within ten seven (107) working days following the day on which meeting with a copy to the grievor. 604 In the event the grievance was submitted. If this decision is unsatisfactoryhas not been satisfactorily settled under the foregoing Grievance Procedure, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’smatter shall then, reply. The grievance may be referred by notice in writing given to the General Manager, Long-Term Care by submitting it to him/her Employer within the time limits noted above. The grievance shall be discussed with Association Representatives within ten thirty (1030) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may from the Publisher or designate, be invoked within tenreferred to arbitration as hereinafter provided.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. complaints and grievances shall be taken up in the following manner. An employee having a question or complaint shall refer it to her If further action is then to be taken, then within five (5) working days after the decision is given in Step No. the employee, who may request the assistance of her Xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee. It is understood that at such meeting the Administrator or her designated representative may have such counsel and assistance as she may desire, and that the employee may have her Xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting. I Should the Administrator fail to render her decision as required in Step No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step No. is given, or within ten working days following the meeting under Step of the grievance procedure may the grievance shall be extended by mutual agreement. Saturdays, Sundays, deemed to have been abandoned and paid holidays the same grievance shall not be counted in the subject matter of a further grievance. In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file, shall have the right, if she so requests, to the presence of the Grievance Union Xxxxxxx or Arbitration Procedures. 8.02 It is the mutual desire Union member or, if either of the parties that complaints above are not available, a member representative of the Nurses shall be adjusted as quickly as possible, and it employee's choice who is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

COMPLAINTS AND GRIEVANCES. 8.01 Time limits mentioned A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner: Step Number An employee having a question or complaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within five (5) working days the decision is given in Step Number the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or within ten working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreementagreement of the parties. Saturdays, Sundays, and paid holidays shall not be counted in In determining the time in within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in any steps the employee's personnel file shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the Grievance or Arbitration Procedures. 8.02 It employee's choice who is the mutual desire of the parties that complaints of the Nurses shall be adjusted as quickly as possible, and it is understood that a Nurse has no grievance until the Nurse has first given the Director of Nursing and Personal Care an opportunity of adjusting the complaint. If a Nurse has a complaint, she may, with the assistance of a Nurse Representative, discuss it with the Director of Nursing and Personal Care within ten (10) days after she becomes aware of the circumstances giving rise to the complaint have occurred. The Director of Nursing and Personal Care should give a decision within ten (10) days following such discussion and failing settlement, it may be taken up as a grievance, in writing, within ten (10) days following the Director of Nursing and Personal Care's decision. 8.03 Should a grievance arise, the Grievor will discuss the grievance with the Association Representative working on the Employee's own time or at a time convenient to the Corporationcurrent shift. 8.04 Grievances properly arising under this Agreement shall be adjusted and settled as follows: A Nurse, who may have the assistance of an Employee Representative, may present a grievance in writing within ten (10) working days of the circumstances giving rise to it to the Administrator, who shall render a decision in writing within ten (10) working days following the day on which the grievance was submitted. If this decision is unsatisfactory, Step No. 2 may be invoked within ten (10) working days from receipt of the Administrator’s, reply. The grievance may be referred to the General Manager, Long-Term Care by submitting it to him/her within the time limits noted above. The grievance shall be discussed with Association Representatives within ten (10) working days of the submission and the General Manager, Long-Term Care shall make his decision known within ten (10) working days following the date of the discussions. If this decision is considered unsatisfactory then Step No. 3 may be invoked within ten

Appears in 1 contract

Samples: Collective Agreement

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