Common use of COMPLAINTS AND GRIEVANCES Clause in Contracts

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement shall be defined as a difference or dispute arising 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 1 (Verbal) - An Employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar 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 five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application administration or alleged violation of the 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 within thirty (30) calendar days after the decision under Step Number 3 is given.

Appears in 1 contract

Samples: Collective Agreement

AutoNDA by SimpleDocs

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement An employee shall be defined as a difference or dispute have the right to grieve any complaint arising between from the Employer and any Employee relating to the application, interpretation, application administration or administration 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 until the employee with the assistance of a Union representative if so desired, including any questions has given his or her immediate supervisor an opportunity to resolve the complaint. 602 STEP 1 It is the mutual desire of the parties hereto that grievances of employees be adjusted as quickly as possible and it is understood that if an employee has a grievance it shall be discussed with his or her supervisor within thirty (30) days of when the circumstances giving rise to whether the matter is arbitrable grievance were known or should reasonably have been known to the grievor in order to give the supervisor an opportunity of adjusting the grievance. The discussion shall be between the employee and/or union xxxxxxx, the supervisor and an allegation that this Agreement has been violateda representative of the Human Resources Department. All complaints and grievances The supervisor's response to the grievance shall be given within seven (7) days after such discussion. 603 STEP 2 Failing settlement, the grievance may be taken up in the following manner:‌ Step Number 1 manner and sequence provided it is presented within fifteen (Verbal15) - An Employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar days of the actual occurrence leading to the question or complaint. The supervisor shall supervisor's reply to the Employee, giving grievance: the answer to the complaint or question within five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee Union shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit present the grievance in writing signed by the employee, in the case of an individual grievance, to the Executive Director. A meeting will then be held between Vice-President, or designate, setting forth the Executive Director or her designated representative nature of the grievance, and the Employeeremedy sought. It is understood that at such The Vice-President or designate shall arrange a meeting with the Executive Director Union and a representative of the Human Resources Department within seven (7) days of the receipt of the grievance at which the grievor, in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. The Vice-President or her designated representative designate may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employermeeting as is considered necessary. The Vice- President or designate will give the Union a decision of the Executive Director or her designated representative shall be given in writing within fourteen seven (147) calendar days following the meetingmeeting with a copy to the grievor. Step Number 4 - Should 604 In the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any event the grievance has not been satisfactorily settled under the foregoing procedure arising from the interpretation, application administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrableGrievance Procedure, the grievance may be referred matter shall then, by notice in writing given to Arbitration by either the Employer or the Union within thirty (30) calendar days after of the date of the decision under Step Number 3 is givenfrom the Vice-President or designate, be referred to arbitration as hereinafter provided.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner: Step Number 1 (Verbal) - No. An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question question. or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - No. If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberXxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representativeor an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - No. Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 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. a

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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 1 (Verbal) - manner. An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten four (104) calendar working days of the actual occurrence leading to the question or complaint. The supervisor Supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from the date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to Should any employee feel that his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question grievance has not been satisfactorily settled at Step he may within fourteen five (145) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar working days after the decision is given in at Step Number 2, refer the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance matter in writing to the Executive DirectorDirector 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 Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, desire and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff of the Union or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen (14) calendar five working days following the meeting. Step Number 4 - Should the Executive Director Administrator or his designate fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. no written request for arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 is givengiven 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 agreement of the parties. In determining the time 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 the employee's personnel file, shall have the right, if she so requests, to the presence of the 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement agreement shall be defined as a any difference or dispute arising between the Employer and any Employee employee relating to the interpretation, application or administration of this Agreementagreement, including any questions as to whether the matter is arbitrable arbitrable, and an allegation that this Agreement agreement has been violated. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. All complaints and grievances shall be taken up in the the, following manner:‌ manner: Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five (5) calendar four working days from date of submission. No grievance shall be considered: Where circumstances giving rise to it occurred or originated more than eight (8) working days before the filing of the grievance except in the case of monetary items. It is understood that an employee has no grievance until the matter has been referred to his immediate supervisor and an opportunity given to adjust the complaint. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberXxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator or designate. A meeting will then be held between the Executive Director Administrator or her designated representative and the Employeeemployee. It is understood that at such a meeting meeting, the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his Xxxxxxx and that the Staff Union Representative, or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director or designate fail to render her his decision as required in Step Number 3, No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the Agreementthis 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time within which any action to be taken or completed in the grievance procedure under the terms of this Agreement, such time limits and terms shall be exclusive of Saturdays, Sundays and paid holidays. 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 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ fallowing manner Step Number 1 (Verbal) - No. An Employee employee having a question or complaint shall refer it to his her immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - No. If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, No. the Employeeemployee, who may request the assistance of his or her Union Committee memberXxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her designated representative may have such counsel and assistance as she may desire, and that the Employee employee may have her Union Committee member Xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - No. Should the Executive Director Administrator fail to render her decision as required in Step Number 3, No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. If no written request for arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner: Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 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.

Appears in 1 contract

Samples: Service Employees

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner: Step Number 1 (Verbal) - I An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberXxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held within ten working days between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that that, at such a meeting meeting, the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, that the employee may have his Xxxxxxx, and that the Employee may have her representative of the Union Committee member and that the Staff Representative may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrableprocedure, the grievance may be referred to Arbitration by either the Employer or the Union Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 the employee's personnel file, shall have the right, if she so requests, to the presence of the 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner. Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten five (105) calendar days of the actual occurrence leading to the question or complaint. At this stage, the employee may be accompanied by a Union Xxxxxxx, if he so desires. The supervisor shall reply to the Employee, employee giving the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. Step If further action is then to be taken, the grievance shall be submitted in writing to the Administrator or his designate within five (5) calendar days from date of submissionthe receipt of the supervisor‘s reply. Step Number 2 This should include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (105) calendar days of to study the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writingmatter and make his reply. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director Administrator or his designate fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. If no written request for arbitration is received within thirty (30) ten calendar days after following the decision meeting under Step Number 3 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 agreement of the parties. In determining the time within which any action is givento 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 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner. Step Number 1 (Verbal) - No. An Employee employee having a question or complaint shall refer it to his her immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If No. further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, No. the Employeeemployee, who may request the assistance of his or her Union Committee memberXxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member Xxxxxxx and that the Staff Union Representative or an InternationalRepresentative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - No. Should the Executive Director Administrator fail to render her decision as required in Step Number 3, No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. If no written request for arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement shall be defined as a difference or dispute arising 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 Complaints and grievances shall be taken up dealt with in the following manner:‌ follow- ing manner. grievances must be in writing (Step Number 1 excepted), and filed within seven (Verbal7) - An Employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar working days of the actual occurrence leading to alleged grievance. If an employee has a complaint, he shall, with or without his xxxxxxx, take the question or complaintmatter up orally with his district supervisor. The district supervisor shall reply to the Employee, giving the will give his answer to the complaint or question 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) calendar working days from date 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 submissionthis clause, Section Manager shall include Manager Public Works for all areas except Service Centre, which will be Director Fleet Maintenance. Step Number 2 (Written) - step If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days the reply of the Supervisor’s response in Step One Section Manager is not satisfactory, the grievance may, within five (1)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. The Supervisor shall 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 Employee, giving the answer to the complaint or question grievance will be given within fourteen five (145) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar working days after the decision meeting has been held. If a grievance is given in Step Number 2not settled to the satisfaction of either party to this Agreement by the procedure outlined above, the Employeethen either such party may, who may request the assistance of his or her Union Committee memberwithin seven (7) working days, shall submit refer the grievance to arbitration in writing to accordance with the Executive Director. A meeting will then provisions contained in Article Any of the time allowances provided in this Article may be held extended by mutual agreement between the Executive Director or her designated representative City and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application administration or alleged violation of the 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 within thirty (30) calendar days after the decision under Step Number 3 is givenCommittee.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement 601 An employee shall be defined as a difference or dispute have the right to grieve any complaint arising between from the Employer and any Employee relating to the application, interpretation, application administration or administration 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 until the employee with the assistance of a Union representative if so desired, including any questions has given his or her immediate supervisor an opportunity to resolve the complaint. 602 STEP 1 It is the mutual desire of the parties hereto that grievances of employees be resolved as to whether the matter quickly as possible and it is arbitrable and understood that if an allegation that this Agreement employee has been violated. All complaints and grievances a grievance it shall be taken up in the following manner:‌ Step Number 1 (Verbal) - An Employee having a question discussed with his or complaint shall refer it to his immediate her supervisor within ten (10) calendar 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 five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission when the circumstances giving rise to the grievance were known or should reasonably have been known to the grievor in writingorder to give the supervisor an opportunity of adjusting the grievance. Step Number 3 - If further action is to The discussion shall be taken, within fourteen (14) calendar days after between the decision is given in Step Number 2employee and/or union xxxxxxx, the Employee, who may request Supervisor and a representative of the assistance of his or her Union Committee member, shall submit Company. The supervisor's response to the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen seven (147) calendar days following the meetingafter such discussion. Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable603 STEP 2 Failing settlement, the grievance may be referred taken up in the following manner and sequence provided it is presented within fifteen (15) days of the supervisor's reply to Arbitration the grievance: the Union shall present the 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 seven (7) days of the receipt of the grievance at which the grievor, 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 seven (7) days following the meeting with a copy to the grievor. 604 In the event the grievance has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to the Employer or the Union within thirty (30) calendar days after of the date of the decision under Step Number 3 is givenfrom the Publisher or designate, be referred to arbitration as hereinafter provided.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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 that-this Agreement has been violated. violated All complaints and grievances shall be taken up in the following manner:‌ manner Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. meeting Step Number 4 - Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 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 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 by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties 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 grievance procedure, by a written statement of said grievance to the Union Representative, providing it is presented within ten working days after the circumstances giving rise to the grievance have originated or occurred; the Union Representative shall give his decision in writing within five (5) working days after receiving the written grievance and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with Step Number of the grievance procedure.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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 1 (Verbal) - manner In determining the time 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 having a question or complaint employee subject to disciplinary action which is to be recorded in the employee s personnel file, shall refer it have the right, if she so requests, to his immediate supervisor within ten (10) calendar days the presence of the actual occurrence leading Union Xxxxxxx or 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 question interpretation or complaintalleged violation of this Agreement. The supervisor shall reply to the Employee, giving the answer to the No complaint or question grievance may be submitted or considered under the grievance procedure unless it has been presented within five (5) calendar working days from date the time of submissionits occurrence. Step Number 2 (Written) - If further action is to be taken an Employee shall refer Having provided a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply request to the EmployeeAdministrator at least one week in advance, giving an employee shall be entitled to her personnel file for the answer to purpose of reviewing any evaluations or formal disciplinary notations contained therein in the complaint or question within fourteen (14) calendar days from date presence of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employeea 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 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: STEP A conference between the aggrieved employee and his immediate superior. The employee may be accompanied by his xxxxxxx or a Union representative. The immediate superior shall give his decision within two (2) full working days. Failing settlement, then.. STEP Within five (5) full working days following the decision in Step an official or officials of the Union shall meet with representatives of the Employer, at such a meeting which time the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that written record of the Employee may have her Union Committee member and that the Staff Representative may also grievance shall be present at the request of either the Employee or Employerpresented. The decision of the Executive Director or her designated representative shall be given in writing within fourteen five (145) calendar full working days following the this meeting. STEP Failing settlement under Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under difference between the foregoing procedure parties arising from the interpretation, application administration administration, or alleged violation of the Agreementthis agreement, including any question as to whether a matter is arbitrable, the grievance such difference may be referred taken to Arbitration by either the Employer or the Union arbitration as hereinafter provided, and if no written request for arbitration received within thirty ten (3010) calendar full working days after the decision under in Step Number 3 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 not processed within the time limits set out herein shall be deemed to have been abandoned. ARTICLE ARBITRATION PROCESS Arbitration Process When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first nominee to the Board of Arbitration. The recipient of the notice shall, within ten days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the 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 expiration of 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, 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 particular grievance concerned. Each of the parties shall pay its own 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 facts of the grievance involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be 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 Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, 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 the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner: Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 the employee's personnel file, shall have the right, if she so requests, to the presence of the 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner: Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employee, employee who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorHuman Resources Manager. A meeting will then be held between the Executive Director Human Resources Manager or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Human Resources Manager or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Human Resources Manager or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Human Resources Manager fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question questions as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and an any Employee employee relating to the interpretation, application or administration 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:‌ Step Number 1 (Verbal) - manner. An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten four (104) calendar working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to replyto the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from the date of submission. Step Number 2 (Written) - No. If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, No. the Employeeemployee, who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and representativeand the Employeeemployee. It is understood that understoodthat at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, desire and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representativeof the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - No. Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. If no written request for arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 No. is givengiven or within ten working days following the meeting under Step No. of the whichever occurs first, the grievance shall be deemed abandoned and the same grievance shall not be the further grievance. In determiningthe time within which any action is to be taken or 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 the e personnel file, shall have the right, if she so requests, to the presence of the Union Xxxxxxx or Union committee member or, if either of the above are not available, a member representativeof the employee’s choice who is working on the current shift.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determiningthe time 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 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 employee’s choice who is working on the current shift.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner: Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 the employee's personnel file, shall have the right, if she so requests, to the presence of the 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner. Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten five (105) calendar days of the actual occurrence leading to the question or complaint. At this stage, the employee may be accompanied by a Union Xxxxxxx, if he so desires. The supervisor shall reply to the Employee, employee giving the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. Step If further action is then to be taken, the grievance shall be submitted in writing to the Administrator or his designate within five (5) calendar days from date of submissionthe receipt of the supervisor's reply. Step Number 2 This should include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (105) calendar days of to study the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writingmatter and make his reply. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director Administrator or his designate fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. If no written request for arbitration is received within thirty (30) ten calendar days after following the decision meeting under Step Number 3 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. In determining the time within which any action is givento 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 the employee's personnel file, shall have the right, if she so requests, to the presence of the 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.

Appears in 1 contract

Samples: negotech.labour.gc.ca

AutoNDA by SimpleDocs

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ 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: Step Number 1 (Verbal) - No. An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten five (105) calendar working days of the actual occurrence leading to leadingto the question or complaint. The supervisor shall reply to the Employee, employee giving the answer to the complaint or question within five four (54) calendar working days from the date of submission. Step Number 2 (Written) - No. If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance shall be submitted in writing to the Executive DirectorAdministrator or designate either directly or through the Union within five (5) working days from the date of the supervisor’s response. A meeting will then be held between The Administrator or designate shall meet with the Executive Director or her designated employee, union xxxxxxx and/or representative and of the Employee. It is understood that at such a meeting International Union within five (5) working days from the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that receipt of the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employergrievance. The decision of the Executive Director Administrator or her designated representative his designate shall be given in writing within fourteen five (145) calendar days following from the meeting. Step Number 4 - No. Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determiningthe time 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 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 employee’s choice who is working on the current shift.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. A For purposes of this Agreement, a grievance under this Agreement shall be is defined as a difference or dispute arising between the Employer and any Employee parties relating to the interpretation, application or administration of this Agreementapplication, 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 1 (Verbal) - An Employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar 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 five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrableAt the time formal discipline is imposed, or at any stage of the grievance procedure, including the complaint stage, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is that an employee has no grievance Page of pages Board of Governors until he/she has first given his/her immediate supervisor the opportunity of adjusting his/her complaint. Such complaint shall be discussed with his/her immediate supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and, failing settlement within nine calendar days, it shall 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: Step No. 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 nine calendar days following the day on which the grievance was presented to him/her. Failing settlement, then: Step No. 2 Within nine calendar days following the decision under Step No. 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 omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. 3 Within nine calendar days following the decision in Step No. the grievance may be referred submitted in writing to Arbitration the Hospital Administrator or his/her designee. A meeting then be held between the Hospital Administrator or his/her designee and the Grievance Committee within nine calendar days of the submission of the grievance at Step No. 3 unless extended by either agreement of the Employer parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may 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-f the Hospital shall be delivered in writing within nine calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within thirty (30) 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 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 eighteen calendar days after the decision under Step Number 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. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner: Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employeeemployee, who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 the employee's personnet file shall have the right to the presence of the 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner Step Number 1 (Verbal) - No. An Employee employee having a question or complaint shall refer it to his her immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - No. If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, No. the Employeeemployee, who may request the assistance of his or her Union Committee memberXxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her designated representative may have such counsel and assistance as she may desire, and that the Employee employee may have her Union Committee member Xxxxxxx and that the Staff Union Representative or an Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - No. Should the Executive Director Administrator fail to render her decision as required in Step Number 3, No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. If no written request for arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 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.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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:‌ manner. Step Number 1 (Verbal) - No. An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten four (104) calendar working days of the actual occurrence leading to the question or complaint. The supervisor Supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from the date of submission. Step Number 2 (Written) - No. If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, No. the Employeeemployee, who may request the assistance of his or her Union Committee member, xxxxxxx shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, desire and that the Employee employee may have her his xxxxxxx and an Union Committee member and that the Staff Representative may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - No. Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. If no request for arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 No. is givengiven 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 agreement of the parties. In determining the time 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 the employee's personnel file, shall have the right, if she so requests, to the presence of the 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 Union committee member or a member representative of the employee's choice who is working on the current shift.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement shall be defined as a difference or dispute arising 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:‌ manner: Step Number 1 (Verbal) - An Employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar 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 five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application administration or alleged violation of the 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 within thirty (30) calendar days after the decision under Step Number 3 is given.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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 that-this Agreement has been violated. All complaints and grievances shall be taken up in the following manner:‌ manner: Step Number 1 (Verbal) - An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten eight (10) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employeeemployee, giving the answer to the complaint or question within five four (54) calendar working days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, I,the Employeeemployee, who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Administrator fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the 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 Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties. In determining the time 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 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 employee's choice who is working on the current shift.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement shall be defined as a difference or dispute arising between Either the Employer and or the Union or any Employee relating employee has the right to lodge a grievance with respect to any mat- ter arising out of the interpretation, application or administration alleged violation of this Agreementagreement. 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, including any questions as and it is understood that an employee has no grievance until he has first given his su- pervisor an opportunity to whether adjust his complaint. If an employee has an unsettled complaint within the matter is arbitrable and an allegation that terms of this Agreement has been violated. All complaints and grievances shall agreement, it may be taken up in the following manner:‌ Step Number 1 (Verbal) - An Employee having as a question or complaint shall refer it to his immediate supervisor within ten (10) calendar 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 griev- ance within five (5) calendar working days from date of submissionafter the circumstances giving rise to the grievance occur, in the following man- ner and sequence: Step the employee, his Shop Xxxxxxx, the Chief Xxxxxxx, the Supervisor and the Department or Manager. Step Number 2 The grievance shall be submitted in writing and the decision given in writing within three (Written3) - If further action is full working days. Fail- ing a settlement the grievance may be processed to be taken an Employee shall refer a written and signed grievance to his immediate supervisor the next step within ten five (105) calendar working days of the SupervisorSupervi- sor’s response in decision. Step One (1)By the employee, his Shop Xxxxxxx, the Chief Xxxxxxx, and the or Manager and the Department Director. The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting discussion at this step will then be held between the Executive Director or her designated representative within five (5) full working days and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen four (144) calendar working days. Failing a settlement the may be processed to the next step within five (5) full working days following the meetingdecision of Step 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 Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under difference between the foregoing procedure parties arising from the interpretation, application appli- cation, administration or alleged violation of the Agreementthis agree- ment, including any question as to whether a matter is arbitrablear- bitrable, the grievance such difference or question may be referred taken to Arbitration by either the Employer or the Union arbi- tration as provided in Article If no written request for arbitration is received within thirty ten (3010) calendar days after the decision under deci- sion in Step Number 3 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 Statutory Holidays will be counted in determining the time 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. Article N When either party requests that any matter be sub- mitted to Arbitration as hereinbefore provided, it shall make such request in 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 Board will he expedited the 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 hereto will hear the fees and expenses of the arbitrator appointed by it, and the parties will jointly bear the fees and expenses of the Chairman of the Board. Article

Appears in 1 contract

Samples: negotheque.travail.gc.ca

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement It is the mutual desire of the parties hereto that complaints of employees shall be defined adjusted as quickly as possible, and it is generally understood that an employee has no grievance until the employee has first given the Company an opportunity of adjusting the employee’s complaint. At the employee’s option, the employee may be accompanied by the employee’s Zone Xxxxxxx. Failing settlement, the employee may file a difference grievance in accordance with The Grievance Procedure shall be as follows: Step No. I If the employee believes the employee has a grievance for an event or dispute arising between a situation other than wage rates or classifications that occurred within thirty (30) days, the Employer and any Employee relating employee shall present such grievance in writing to the interpretationemployee’s immediate supervisor, application and the employee shall have the assistance of the employee’s Xxxxxxx if the employee so desires. If a settlement satisfactory to the employee is not reached within two (2) full working days, or administration in any longer period of this Agreementtime which is mutually agreed upon by the parties, including any questions as then Step No. may be invoked. Step No. The Grievance Committee may, within a period of five (5) working days after the completion of Step No. present such grievance to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up Company provided the alleged circumstances or origin of the grievance, except in the following manner:‌ case of continuing circumstances, occurred not more than thirty (30) days immediately prior to its original presentation at Step Number 1 (Verbal) - An Employee having No. and may request a question or complaint shall refer it to his immediate supervisor within ten (10) calendar days of meeting with the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employee, giving the answer to the complaint or question Company within five (5) calendar working days from date of such submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer At any such meeting a written and signed grievance to his immediate supervisor within ten (10) calendar days full-time officer of the Supervisor’s response Union may be present if the officer‘s presence is requested by either party. No more than three (3) members of the Grievance Committee may be in Step One attendance at such meeting, 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 Supervisor shall reply to the Employee, giving the answer to the complaint or question Company will give its decision in writing within fourteen five (145) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar working days after the decision is given in meeting has been held, a copy of which shall be sent to the Union office. Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit No. If the grievance in writing is not settled to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desiresatisfaction of both parties, and that the Employee may have her Union Committee member and that the Staff Representative may also be present then, at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director fail party to render her decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrablethis agreement, the grievance may shall be referred submitted to Arbitration by either arbitration provided such request for arbitration is made in writing to the Employer or the Union other party within thirty (30) calendar days days, or such longer period as may be mutually agreed upon after the written decision under of the Company has been given at Step Number 3 is givenNo.

Appears in 1 contract

Samples: Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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 1 (Verbal) - manner. An Employee employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar days of the actual occurrence leading her No. If further action is then to the question or complaint. The supervisor shall reply to the Employeebe taken, giving the answer to the complaint or question then within five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar working days after the decision is given in Step Number 2, No. the Employeeemployee, who may request the assistance of his or her Union Committee memberXxxxxxx, shall submit the grievance in writing to the Executive DirectorAdministrator. A meeting will then be held between the Executive Director Administrator or her designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Administrator or her designated representative may have such counsel and assistance as she may desire, and that the Employee employee may have her Union Committee member Xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Administrator or her designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - I Should the Executive Director Administrator fail to render her decision as required in Step Number 3, No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration arbitration by either the Employer or the Union Union. If no written request for arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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. In determining the time 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 the employee's personnel file, shall have the right, if she so requests, to the presence of the Union Xxxxxxx or Union 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.

Appears in 1 contract

Samples: Index

COMPLAINTS AND GRIEVANCES. A Either the Employer, the union or any employee has the right to lodge a grievance under this Agreement shall be defined as a difference or dispute with respect to any matter arising between the Employer and any Employee relating to out of the interpretation, application or administration alleged vio- lation of this Agreement. It is the mutual desire of the parties hereto that com- plaints of the Employer or of the employeeshall be adjusted as equitably as possible, and it is understood that an em- ployee has no grievance until she has first given her super- visor an opportunity to adjust her complaint. If any employee has an unsettled complaint within the terms 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 it may be taken up in the following manner:‌ Step Number 1 (Verbal) - An Employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar 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 griev- ance within five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given circumstances giving rise to the grievance occur, in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, following manner and sequence: step The employee shall submit the grievance in writing writing, signed by to the Executive Director. immediatesupervisor.A meeting will then be held between the Executive Director or 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 designated representative 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 Employeehead of the departmentwithin five (5) full days of the submis- sion of the grievance. It is understood that 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 such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. Step The decision of the Executive Director or her designated representative Hospital shall be given delivered in writing within fourteen ten (1410) calendar full days following the date of such meeting. Failing a settlement under Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under difference between the foregoing procedure parties arising from the interpretation, application appli- cation, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the grievance such difference or question may be referred taken to Arbitration by either the Employer or the Union arbitration as provided in Article If no written request for arbitration is received within thirty (30) calendar ten days after the decision under in Step Number 3 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 group of em- ployees under the Grievance or Arbitration Procedure shall not be made retroactive before the date it was presented thereunder. Saturdays, 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 is expressly understood that the pro- visions of 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 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 the circumstances giving rise to the complaint have oc- curred. Article

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as a any difference or dispute arising between the Employer and any Employee 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 1 (Verbal) - An Employee having employee who has a question or complaint shall refer discuss it to his with her immediate supervisor either alone or accompanied by a Union Xxxxxxx. Should an employee not receive satisfaction from her immediate supervisor within ten three (103) calendar working days of discussion pursuant to Article hereof, she may present a grievance at Step Number No grievance will be processed if the actual occurrence leading event or circumstance on which it is based originated more than ten working days prior to the question time the grievance is first presented in writing or complaintfrom 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 Employeeemployee, giving the answer to the complaint or question grievance within five four (54) calendar working days from the date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is then to be taken, then within fourteen five (145) calendar working days after the decision is given in Step Number 2, the Employee, employee who may request the assistance of his or her Union Committee memberxxxxxxx, shall submit the grievance in writing to the Executive DirectorHuman Resources Manager. A meeting will then be held between the Executive Director Human Resources Manager or her his designated representative and the Employeeemployee. It is understood that at such a meeting the Executive Director Human Resources Manager or her his designated representative may have such counsel and assistance as she he may desire, and that the Employee employee may have her Union Committee member his xxxxxxx and that the Staff Union Representative or an International Representative of the Union may also be present at the request of either the Employee employee or the Employer. The decision of the Executive Director Human Resources Manager or her his designated representative shall be given in writing within fourteen five (145) calendar working days following the meeting. Step Number 4 - Should the Executive Director Human Resources Manager fail to render her his decision as required in Step Number 3, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application application, administration or alleged violation of the this Agreement, including any question questions as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union Union. If no written request for Arbitration is received within thirty five (305) calendar working days after the decision under Step Number 3 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 agreement of the parties in writing as soon as practicable. In determining the time 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 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 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.

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!