Common use of Differences Clause in Contracts

Differences. Any disagreement or difference of opinion between the Company and the Union which concerns the in­ terpretation or application of the terms and provisions of this contract will be considered a grievance. Such grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved parties. The Union may present a grievance. Any grievance not presented within fifteen (15) days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party, except in the case of errors in employee’s pay made by the Company’ s payroll department. The Union representative and the Company’s desig­ nated representative shall discuss and attempt to adjust such grievance. If the Union and Company’s designated represent­ ative canot reach an adjustment within fifteen (15) days, upon request of either party the grievance shall be submitted to arbitration. The Company and the Union shall each select one representative, and the arbitrator shall be selected by mutual agreement of the two representatives first selected. In the event these two representatives fail to agree upon an arbi­ trator within ten (10) days after designation of the other two representatives, then the Employer and the Union may ask, by a jointly signed letter, the Director of Federal Mediation and Conciliation Serv­ ice, Washington, D. C., to send the Union and Com­ pany representatives a list of arbiters from which the two may select the arbitrator. The arbitrator shall be impartial and possess skill and knowledge of la­ w,.-management relations. No person involved di­ rectly in the controversy under consideration shall be a representative of either party in the arbitration proceedings. The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as he shall deem essential to a full understanding and determination of the issues involved. The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this contract. Grievances submitted shall not depend on or in­ volve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination of a subject matter not covered by or arising during the term of this contract. The findings and decision of the Arbitrator on all arbitrable questions shall be binding and enforceable on all parties. It is understood and agreed that all employees within the bargaining unit covered by this contract must exercise all their rights, privileges, or necessary procedures under this contract, International and Lo­ cal Union Constitution, in the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this contract for the settlement of such grievances. It is the intention of the parties that this article shall provide a peaceful method of adjusting griev­ ances so that there shall be no suspension or inter­ ruption of normal operations as a result of any griev­ ance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this article. The expense of the arbitrator shall be borne equally by the parties to the arbitration. There shall be no strikes or lockouts during the term of this agreement.

Differences. Any disagreement or difference of opinion between the Company and the Union which concerns the in­ terpretation interpretation or application of the terms and provisions of this contract will be considered a grievance. Such grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved ag­ grieved parties. The Union may present a grievance. Any grievance not presented within fifteen (15) days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party, except in the case of errors in employee’s pay made by the Company’ s ’s payroll departmentdepart­ ment. The Union representative and the Company’s desig­ nated designated representative shall discuss and attempt to adjust such grievance. If the Union and Company’s designated represent­ ative canot representative cannot reach an adjustment within fifteen (15) days, upon request of either party the grievance shall be submitted sub- mitted to arbitration. The Company and the Union shall each select one representative, and the the. arbitrator shall be selected by mutual agreement of agreement'of the two representatives first selected. In the event these two representatives fail to agree upon an arbi­ trator arbitrator within ten (10) days after designation of the other two representatives, then the Employer and the Union may ask, by a jointly signed letter, the Director of Federal Mediation and Conciliation Serv­ iceService, Washington, D. C., to send the Union and Com­ pany representatives a list of arbiters from which the two may select the arbitrator. The arbitrator shall be impartial im­ partial and possess skill and knowledge of la­ w,.-management labor-manage­ ment relations. No person involved di­ rectly directly in the controversy con­ troversy under consideration shall be a representative of either party in the arbitration proceedings. The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as he shall deem essential to a full understanding and determination of the issues involved. The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this contract. Grievances submitted shall not depend on or in­ volve involve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination de­ termination of a subject matter not covered by or arising during the term of this contract. The findings and decision of the Arbitrator on all arbitrable ar­ bitrable questions shall be binding and enforceable on all parties. It is understood and agreed that all employees within the bargaining unit covered by this contract must exercise all their rights, privileges, or necessary procedures under this contract, International and Lo­ cal Local Union Constitution, in the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this contract for the settlement of such grievances. It is the intention of the parties that this article shall provide a peaceful method of adjusting griev­ ances grievances so that there shall be no suspension or inter­ ruption interruption of normal operations as a result of any griev­ ancegrievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this article. The expense of the arbitrator shall be borne equally by the parties to the arbitration. There shall be no strikes or lockouts during the term of this agreement.

Differences. Any disagreement or difference Differences arising between members of opinion between the Union and the Company shall be reported orally or in writing as required to the employee’s immediate supervisor and he shall reply within ninety-six (96) hours, Sundays and holidays excluded, stating the Union which concerns the in­ terpretation or application adjustment he has made of the terms and provisions of this contract will be considered a grievancematter. Such grievances Differences not settled satisfactorily in the above manner shall be submitted referred to the superintendent in writing and shall clearly set forth the issues and contentions a Union committee within five (5)days of the aggrieved partiessupervisor’s reply. The Union may present a grievance. Any grievance If agreement cannot presented be reached within fifteen seven (157) days following days, the event giving rise to such grievance matter shall be forfeited referred to the National President of the Union or his representative, and waived taken up in conference with the Resident Manager of the Company or his designated representative. If no settlement is reached within ten (10) days, it shall be referred to arbitration. Failure to proceed to arbitration within thirty (30)calendar days after the date of the Resident Manager’s written reply shall constitute a waiver by the aggrieved party, except in party to further consideration of the case of errors in employee’s pay made by the Company’ s payroll department. The Union representative and the Company’s desig­ nated representative shall discuss and attempt to adjust such grievance. If Time limits may be extended by mutual agreement of the Union and Company’s designated represent­ ative canot reach an adjustment within fifteen (15) days, upon request of either party parties. In arbitration the grievance shall be submitted to arbitration. The Company and the Union shall each select one representative, an individual. These two shall select a third individual who will act as Chairman. This Arbitration Board shall convene and the arbitrator render a decision promptly and such decision shall be selected by mutual agreement of the two representatives first selectedfinal and binding upon both parties to this Agreement. In the event these two representatives fail to agree upon an arbi­ trator within ten (10) days after designation of the other two representativesindividuals selected by the respective parties failing to select a third member as provided above, then they shall request the Employer Provincial Minister of Labour to appoint a third member. It is understood that the function of the Arbitration Board shall be to interpret and apply the Union may ask, by a jointly signed letter, Agreement and it shall deal only with the Director of Federal Mediation and Conciliation Serv­ ice, Washington, D. C., to send the Union and Com­ pany representatives a list of arbiters from which the two may select the arbitratorspecific questions as submitted. The arbitrator Board shall be impartial and possess skill and knowledge of la­ w,.-management relations. No person involved di­ rectly in the controversy under consideration shall be a representative of either party in the arbitration proceedings. The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as he shall deem essential have no authority to a full understanding and determination of the issues involved. The Arbitrator shall not be vested with the power add to changeor subtract from, or to modify or alter extend any of the terms of this contractthe Agreement. Grievances submitted A difference arising from the claim of any employee that he has been unjustly discharged or suspended must be presented in writing to the Company within forty-eight (48) hours after such discharge or suspension, Sundays and holidays excluded. Any employee found by the above method of settling differences to have been unjustly discharged or suspended shall not depend on be reinstated and shall receive full pay for the time lost by reason of such discharge or in­ volve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination of a subject matter not covered by or arising during the term of this contractsuspension. The findings and decision of the Arbitrator on all arbitrable questions Arbitration Board however, in respect to a grievance involving a discharge, shall be binding entitled to modify such a penalty as in its opinion is just and enforceable on all parties. It is understood and agreed that all employees within the bargaining unit covered by this contract must exercise all their rights, privileges, or necessary procedures under this contract, International and Lo­ cal Union Constitution, in the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this contract for the settlement of such grievances. It is the intention of the parties that this article shall provide a peaceful method of adjusting griev­ ances so that there shall be no suspension or inter­ ruption of normal operations as a result of any griev­ ance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this article. The expense of the arbitrator shall be borne equally by the parties to the arbitration. There shall be no strikes or lockouts during the term of this agreementequitable.

Differences. Any disagreement or difference of opinion between the Company and the Union which concerns the in­ terpretation interpretation or application of the terms and provisions of this contract will be considered a grievance. Such grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved ag­ grieved parties. The Union may present a grievance. Any grievance not presented within fifteen (15) days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party, except in the case of errors in employee’s pay made by the Company’ s ’s payroll departmentdepart­ ment. The Union representative and the Company’s desig­ nated designated representative shall discuss and attempt to adjust such grievance. If the Union and Company’s designated represent­ ative canot representative cannot reach an adjustment within fifteen (15) days, upon request of either party the grievance shall be submitted sub­ mitted to arbitration. The Company and the Union shall each select one representative, and the arbitrator shall be selected by mutual agreement of the two representatives first selected. In the event these two representatives fail to agree upon an arbi­ trator arbitrator within ten (10) days after designation of the other two representatives, then the Employer and the Union may ask, by a jointly signed letter, the Director of Federal Mediation and Conciliation Serv­ iceService, Washington, D. C., to send the Union and Com­ pany representatives a list of arbiters from which the two may select the arbitrator. The arbitrator shall be impartial im­ partial and possess skill and knowledge of la­ w,.-management labor-manage­ ment relations. No person involved di­ rectly directly in the controversy con­ troversy under consideration shall be a representative of either party in the arbitration proceedings. The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as he shall deem essential to a full understanding and determination of the issues involved. The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this contract. Grievances submitted shall not depend on or in­ volve involve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination de­ termination of a subject matter not covered by or arising during the term of this contract. The findings and decision of the Arbitrator on all arbitrable ar­ bitrable questions shall be binding and enforceable on all parties. It is understood and agreed that all employees within the bargaining unit covered by this contract must exercise all their rights, privileges, or necessary procedures under this contract, International and Lo­ cal Local Union Constitution, in the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this contract for the settlement of such grievances. It is the intention of the parties that this article shall provide a peaceful method of adjusting griev­ ances grievances so that there shall be no suspension or inter­ ruption interruption of normal operations as a result of any griev­ ancegrievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this article. The expense of the arbitrator shall be borne equally by the parties to the arbitration. There shall be no strikes or lockouts during the term of this this, agreement.

Differences. Any disagreement or difference of opinion between the Company and the Union which concerns the in­ terpretation interpretation or application of the terms and provisions of this contract will be considered a grievance. Such grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved ag­ grieved parties. The Union may present a grievance. Any Any_ grievance not presented within fifteen (15) days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party, except in the case of errors in employee’s pay made by the Company’ s ’s payroll departmentdepart­ ment. The Union representative and the Company’s desig­ nated designated representative shall discuss and attempt to adjust such grievance. If the Union and Company’s designated represent­ ative canot representative cannot reach an adjustment within fifteen (15) days, upon request of either party the grievance shall be submitted sub­ mitted to arbitration. The Company and the Union shall each select one representative, and the arbitrator shall be selected by mutual agreement of the two representatives first selected. In the event these two representatives fail to agree upon an arbi­ trator arbitrator within ten (10) days after designation of the other two representatives, then the Employer and the Union may ask, by a jointly signed letter, the Director of Federal Mediation and Conciliation Serv­ iceService, Washington, D. C., to send the Union and Com­ pany representatives a list of arbiters from which the two may select the arbitrator. The arbitrator shall be impartial im­ partial and possess skill and knowledge of la­ w,.-management labor-manage­ ment relations. No person involved di­ rectly directly in the controversy con­ troversy under consideration shall be a representative of either party in the arbitration proceedings. The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as he shall deem essential to a full understanding and determination of the issues involved. The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this contract. Grievances submitted shall not depend on or in­ volve involve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination de­ termination of a subject matter not covered by or arising during the term of this contract. The findings and decision of the Arbitrator on all arbitrable ar­ bitrable questions shall be binding and enforceable on all parties. It is understood and agreed that all employees within the bargaining unit covered by this contract must exercise all their rights, privileges, or necessary procedures under this contract, International and Lo­ cal Local Union Constitution, in the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this contract for the settlement of such grievances. It is the intention of the parties that this article shall provide a peaceful method of adjusting griev­ ances grievances so that there shall be no suspension or inter­ ruption interruption of normal operations as a result of any griev­ ancegrievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this article. The expense of the arbitrator shall be borne equally by the parties to the arbitration. There shall be no strikes or lockouts during the term of this agreement.

Differences. Any disagreement or difference Differencesarising betweenmembers of opinion between the Union and the Company shall be reported or in writing as required to the employee's immediate supervisor and he shall reply within ninety-six(96) hours, Sundays and holidays excluded, stating the Union which concerns the in­ terpretation or application adjustmenthe has made of the terms and provisions of this contract will be considered a grievancematter. Such grievances Differences not settled satisfactorily in the above manner shall be submitted referred to the superintendent in writing and shall clearly set forth the issues and contentions a Union committee within five (5) days of the aggrieved partiessupervisor's reply. The Union may present a grievance. Any grievance If agreement cannot presented be reached within fifteen seven (157) days following days, the event giving rise to such grievance matter shall be forfeited referred to the National President of the Union or his representative, and waived taken up in conference with the Resident Manager of the Company or his designated representative. If no settlement is reached within ten (10) days, it shall be referred to arbitration. Failure to proceed to arbitration within thirty (30) calendar days after the date of the Resident Manager’s written reply shall constitute a waiver by the aggrieved party, except in party to further consideration of the case of errors in employee’s pay made by the Company’ s payroll department. The Union representative and the Company’s desig­ nated representative shall discuss and attempt to adjust such grievance. If Time may be extended by mutual agreement of the Union and Company’s designated represent­ ative canot reach an adjustment within fifteen (15) days, upon request of either party parties. In arbitration the grievance shall be submitted to arbitration. The Company and the Union shall each select one representative, an individual. These two select a third individual who will act as Chairman. This Arbitration Board shall convene and the arbitrator render a decision promptly and such decision shall be selected by mutual agreement of the two representatives first selectedfinal and binding upon both parties to this Agreement. In the event these two representatives fail to agree upon an arbi­ trator within ten (10) days after designation of the other two representativesindividuals selected by the respective parties failing to select a third member as provided above, then they shall request the Employer ProvincialMinister of Labour to appoint a third member. It is understood that the function of the Arbitration Board shall be to interpret and apply the Union may ask, by a jointly signed letter, Agreement and it shall deal only with the Director of Federal Mediation and Conciliation Serv­ ice, Washington, D. C., to send the Union and Com­ pany representatives a list of arbiters from which the two may select the arbitratorspecific questions as submitted. The arbitrator Board shall be impartial and possess skill and knowledge of la­ w,.-management relations. No person involved di­ rectly in the controversy under consideration shall be a representative of either party in the arbitration proceedings. The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as he shall deem essential have no authority to a full understanding and determination of the issues involved. The Arbitrator shall not be vested with the power add to changeor subtract from, or to modify or alter extend any of the terms of this contractthe Agreement. Grievances submitted A difference arising from the claim of any employeethat he has been unjustly discharged or suspended must be presented in writing to the Company within forty-eight (48) hours after such discharge or suspension, Sundays and holidays excluded. Any employee found by the above method of settling differences to have been unjustly discharged or suspended shall not depend on be reinstated and shall receive full pay for the time lost by reason of such discharge or in­ volve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination of a subject matter not covered by or arising during the term of this contractsuspension. The findings and decision of the Arbitrator on all arbitrable questions Arbitration Board however, in respect to a grievance involving a discharge, shall be binding entitled to modify such a penalty as in its opinion is just and enforceable on all parties. It is understood and agreed that all employees within the bargaining unit covered by this contract must exercise all their rights, privileges, or necessary procedures under this contract, International and Lo­ cal Union Constitution, in the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this contract for the settlement of such grievances. It is the intention of the parties that this article shall provide a peaceful method of adjusting griev­ ances so that there shall be no suspension or inter­ ruption of normal operations as a result of any griev­ ance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this article. The expense of the arbitrator shall be borne equally by the parties to the arbitration. There shall be no strikes or lockouts during the term of this agreementequitable.

Differences. Any disagreement or difference of opinion between the Company ^Company and the Union which concerns the in­ terpretation interpretation 0 or application of the terms and provisions of this contract will be considered a grievance. Such grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved ag­ grieved parties. The Union may present a grievance. Any grievance not presented within fifteen (15IB) days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party, except in the case of errors in employee’s pay made by the Company’ s ’s payroll departmentdepart­ ment. The Union representative and the Company’s desig­ nated designated representative shall discuss and attempt to adjust such grievance. If the Union and Company’s designated represent­ ative canot representative cannot reach an adjustment within fifteen (15) days, upon request of either party the grievance shall be submitted sub­ mitted to arbitration. The Company and the Union shall each select one representative, and the arbitrator shall be selected by mutual agreement of the two representatives first selected. In the event these two representatives fail to agree upon an arbi­ trator arbitrator within ten (10) days after designation of the other two representatives, then the Employer and the Union may ask, by a jointly signed letter, the Director of Federal Mediation and Conciliation Serv­ iceService, Washington, D. C., to send the Union and Com­ ‘ f t pany representatives a list of arbiters from which the two 1 may select the arbitrator. The arbitrator shall be impartial im­ partial and possess skill and knowledge of la­ w,.-management labor-manage- ' ment relations. No person involved di­ rectly directly in the controversy con- \ ^troversy under consideration shall be a representative of either party in the arbitration proceedings. l The Arbitrator shall receive and consider such material l evidence and contentions as the parties may offer and shall make such independent investigation as he shall deem essential to a full understanding and determination of the issues involved. The Arbitrator shall not be vested with the power to l change, modify or alter any of the terms of this contract. Grievances submitted shall not depend on or in­ volve involve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination de­ termination of a subject matter not covered by or arising during the term of this contract. The findings and decision of the Arbitrator on all arbitrable ar­ bitrable questions shall be binding and enforceable on all parties. It is understood and agreed that all employees within the bargaining unit covered by this contract must exercise all their rights, privileges, or necessary procedures under this contract, International and Lo­ cal Local Union Constitution, in the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this contract for the settlement of such grievances. It is the intention of the parties that this article shall provide a peaceful method of adjusting griev­ ances grievances so that there shall be no suspension or inter­ ruption interruption of normal operations as a result of any griev­ ancegrievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this article. The expense of the arbitrator shall be borne equally by the parties to the arbitration. N There shall be no strikes or lockouts during the term of this agreement.