Common use of Discharge Grievance Clause in Contracts

Discharge Grievance. involving the discharge of an employee must be produced in writing and originated under Step within seven (7) calendar days of the employee being notified of his discharge. All agreements reached under the grievance procedure between the representatives of the Health Centre and the representatives of the Union will be final and binding upon the Health Centre and the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, as herein before provided, 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 (7) 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 Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the 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 chairman within a period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of 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 Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions 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 expenses 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. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the procedure, grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final final. and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration BoardHoard. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. The Arbitration Hoard 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board Hoard will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee who has completed his/her probationary period, claims that has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the pro- cedure to the Hospital within five days following the date of the discharge of an is effective. Such grievance may be settled under the Grievance and procedure by: confirming the action in discharging the employee, or reinstating the employee must with up to seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. settlement under the foregoing procedure, grievance may be to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s) . Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman chairperson of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman chairperson within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairmanchairperson. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairperson, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairperson of the Arbitration BoardSaturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. A new employee will be considered on probation until he has completed hours worked with Wherever Arbitration Board is referred to in the Health Centre from his most recent date of hire. Upon completion of such probationary period Agreement, the employee shall be credited with seniority on parties hereto mutually agree in writing, to substitute a single arbitrator for the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extendedother provisions referring to Arbitration Board shall appropriately apply. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.ARTICLE SENIORITY

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached under the grievance procedure between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, provided, however that however, that, if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agreement, the basis of hours paid. The dismissal of parties hereto may mutually agree, in writing, to substitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions referring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step of the grievance pro- cedure to the Hospital within five days following the date of the discharge of an is effective. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to f u l l compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. chairman No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a Union xxxxxxx, or by the Union xxxxxxx at Step of the grievance procedure to the Hospital within five (5) days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbitration procedure confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (IO) days after the decision under Step within seven is given, the grievance shall be deemed to have been abandoned. The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (7a) calendar days above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the employee being notified of his dischargemediator. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two .IO (2a) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven five (75) calendar days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen ten (14IO) calendar daysdays of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. Notwithstanding (a) above, the parties may, upon mutual agreement, agree to a sole arbitrator who shall proceed by way of mediation- arbitration. The party making the request shall do so in writing and at the same time, it shall propose the name of a sole arbitrator. Within five (5) calendar days thereafter, the other party shall agree in writing or propose an alternate If there is no agreement within ten calendar days, the Minister of Labour shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure. Once appointed, the sole arbitrator shall have all powers as set out in Section of the Labour Relations Act including the power to impose a settlement and to limit evidence and submissions. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. 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 Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agreement, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing to substitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions referring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving The release of a probationary employee shall not be the discharge subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee must who has completed his probationary period. A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be produced in writing treated as a grievance. Such grievance shall be submitted through the Local Union, signed by the and originated under Step the Local Union President, or designate, to the CEO of the Hospital, or designate within seven (7) calendar days of after the date the discharge is effected. Such grievance may be settled by: confirming the Hospital’s action in dismissing the employee, or reinstating the employee being notified with or without loss of his dischargeseniority and with or without full compensation for the time lost, or any other arrangement which may be deemed just and equitable. All Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration as herein provided. If no written request for arbitration is received within fourteen calendar days after the decision under the foregoing procedure is given, the grievance shall be deemed to have been abandoned. agreements reached under the grievance procedure between the representatives of the Health Centre and Hospital, the representatives of the Union and the will be final and binding upon the Health Centre and the Union and the employee or employees involvedparties. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman Chair of the Arbitration Board. If they are unable to agree upon such a chairman Chair within a period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairmanChair. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, except as herein provided. No matter may be submitted to arbitration which has not nut been properly carried through all requisite steps of the grievance procedure. The Arbitration Board of Arbitration shall not have any power be authorized to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give make any decision inconsistent with the terms and provisions of this agreementAgreement, or to modify, add to or amend any part this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the parties. The decision of the majority majority, and where there is no majority, the decision of the chairman Chair, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it its nominee, and the parties will share equally the fees and expenses, if any, expenses of the chairman Chair of the Arbitration Board. A new employee will be considered on probation until he has completed hours worked The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, except by the Health Centre from his most recent date written agreement of hire. Upon completion of such probationary period the employee parties, shall be credited with seniority on result in the basis of hours paidgrievance being deemed to have been abandoned. The dismissal parties to this agreement wish to encourage the settlement of a probationary employee shall not be the subject of a grievancegrievances as soon as is possible and, wherever possible, without resort to arbitration. Rather a Probationary employee may be dismissed at the sole discretion For these reasons: The parties are encouraged to take advantage of the Health Centre process for as provided only that the dismissal does not violate the Human Rights Code. With the written consent for in of the Health CentreLabour Relations Act, as amended) (the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period“Act”).

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a Union Xxxxxxx, or by the Union Xxxxxxx at Step of the Grievance Procedure to the Hospital within five (5) days following the date the discharge of an is effective, Such grievance may be settled under the Grievance and Arbitration Procedure by: confirming the Hospital’s action in discharging the employee, or reinstating the employee must with up to seniority for time lost and up to compensation for time lost, or any other arrangement which may be produced in writing deemed just and originated equitable. settlement under Step the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within seven ten (710) calendar days the decision under step is given, the grievance shall be deemed to have been abandoned. agreements reached, under the Grievance Procedure, between the Representatives of the employee being notified of his discharge. All agreements reached under the grievance procedure between the representatives of the Health Centre Hospital and the representatives Representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same Same time name appoint a nominee. Within seven five (75) calendar days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureArbitration Procedure. The two (2) nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree in agreeing upon such a chairman Chairman within a period of fourteen ten (1410) calendar daysdays of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairmanChairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final find and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agreement, the basis of hours paid. The dismissal of parties hereto may mutually agree, in writing, to substitute a probationary employee shall not be single Arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions referring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodArbitration Board appropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have power the to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board referred to the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If any employee who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a Union Xxxxxxx at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbitration Procedure by: discharging the employee, or reinstating the employee must with up to full compensation for time lost, or any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure any grievance maybe submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure Grievance Procedure, between the representatives Representatives of the Health Centre Hospital and the representatives Representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request request, in writing writing, addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureArbitration Procedure. The two nominees shall attempt to select by agreement agree upon a chairman Chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman Chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairmanChairman. No no person may be maybe appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite requisites steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majorityChairman, 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 expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hire. Upon completion of such probationary period time limits set out in this article Whenever Arbitration Board is referred to in the employee shall be credited with seniority on Agreement, the basis of hours paid. The dismissal of parties hereto may mutually agree, in writing to substitute a probationary employee shall not be single Arbitration for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extendedother provisions referring to Arbitration Board shall appropriately apply. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.ARTICLE SENIORITY:

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full time lost, other arrangement which may be produced in writing deemed. just and originated equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union When either party requests that a grievance any matter be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister. of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share s-hare equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will . . Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such must be submitted by the employee, who may be accompanied by union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance procedure to the Hospital five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, or any other arrangement which may be produced in writing deemed just and originated Failing settlement under the foregoing procedure, any grievance may be to arbitration as after provided. If no written request for arbitration is received ten the decision under Step within seven (7) calendar days of the employee being notified of his discharge3 is given, grievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives rep- resentatives of the Union will be final and binding upon the Health Centre the and the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, as herein before provided, provided in this it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a nomineeappoint its provided however, provided, however that if such party fails to name a nominee as herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Min- ister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to OK amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited ex- pedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall Saturdays, Sundays and are not be counted in the subject of time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agree- ment, the parties hereto may mutually agree in to substitute a grievance. Rather a Probationary employee may be dismissed single arbitrator for the Arbitration at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions referring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who to the Arbitration Board has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be to make decision inconsistent with the provisions of this Agreement, to alter, modify, add to or amend any part of this Agreement. who the nor No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodArbitration Board appropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office Minister of Arbitration of the Ministry of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step the grievance pro- cedure to the Hospital within five days following the date the discharge of an is Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request €or arbitration is received within ten days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of €or the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period ten days the appointment of fourteen (14) calendar daysthe second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement. Griev- ance Procedure The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration BoardBoard Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. A new employee will be considered on probation until he has completed hours worked with Wherever Arbitration Board referred to in the Health Centre from his most recent date of hire. Upon completion of such probationary period Agree- ment, the employee shall be credited with seniority on parties hereto may mutually agree in writing, to sub- stitute a single arbitrator for the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective, Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee must or; reinstating the employee with up to full seniority for time lost and up to f u l l compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman Chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agreement, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to substitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions referring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee who has completed probationary period, claims that has been unjustly discharged, such claim must be submitted by the employee at Step of the grievance procedure within five (5) days following the date the discharge is effective. The decision of an employee the Hospital shall be delivered in writing within ten (10) days following the date of the Step meeting. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under Step is given, the grievance shall be deemed to have been abandoned. Where no written answer has been received within the time limits specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. The parties acknowledge that the time limits set out in the grievance and arbitration procedures must be produced strictly complied with except by written agreement to extend them and failure to so comply shall result in writing and originated under Step within seven (7) calendar days of the employee grievance being notified of his dischargedeemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployees. Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten days after the decision has been rendered at the step prior to arbitration. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the articlematter is so referred, the grievance mediation process shall take place before the matter is referred to Arbitration. \- agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the next step of grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree upon a Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply and no record of the proceedings shall be made. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In such cases, for the purposes of proceeding event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the grievance shall Mediator may serve as an Arbitrator-. Nothing said or done by the Mediator may be considered referred to have conformed to at Arbitration. The Union and the Employer will share the cost of the Grievance Procedure. SimilarlyMediator, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawnany. If the Health Centre or Union When either party requests that a grievance any matter be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysdays of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator Notwithstanding (a) above, the parties may, upon mutual agreement, agree to a sole 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 shall proceed by way of the grievance proceduremediation-arbitration. The Board of Arbitration party making the request shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions 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 expenses 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. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be do so in writing and will at the length same time, it shall propose the name of the extensiona sole arbitrator. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.Within five

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving the discharge of A claim by an employee must who is in the bargaining unit and who has completed her probationary period that she has been unjustly discharged shall be produced treated as a grievance if a written statement of such grievance is lodged by the employee with the Director of Personnel or her designate within five days after the employee ceases to work for the Hospital. Thereafter, the Director of Personnel or her designate will meet with the Union Grievance Committee as constituted under Article 8 five days. to such meeting, the Director of Personnel or her designate will convey her decision to the Union Grievance Committee within five days. Such special grievance may be settled by confirming the Hospital's action in dismissing the employee or by reinstating the employee with full compensation for time lost due to discharge or by any other arrangement which is just and equitable in the opinion of the con- ferring parties, and in accordance with the above pro- visions for dealing with all grievances. In the event of a failure to reach a settlement under the procedure set out above, either the Hospital or the Union may initiate arbitration proceedings by notifying the other party in writing and originated under Step of their intention to go to arbitration within seven (7) calendar ten days of the employee being notified of his discharge. All agreements reached under the grievance procedure between the representatives date of the Health Centre and the representatives decision of the Union will be final and binding upon the Health Centre Director of Personnel referred to in Article or Article whichever is applicable. The Hospital and the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and shall then each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step appoint an arbitrator within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, as herein before provided, 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 (7) 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 Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedurefive days. The two nominees arbitrators so appointed shall attempt then endeavour to select by agreement agree upon a chairman third arbitrator to act as Chairman of the Arbitration Board. If they are unable to agree upon such a chairman this third arbitrator is not chosen within a period next ten days then the process of fourteen (14) calendar days, they shall then request the Office of Arbitration appointment of the Ministry of Ontario Labour of the Province of Ontario to appoint a chairman. Management Arbitration Com- mission shall be No person may shall be appointed as an arbitrator who has been involved previously in an attempt to negotiate or settle the grievance. Each party shall bear the expense of its own appointee and its witnesses and the expense of the Chairman shall be shared equally by both parties. The proceedings of the arbitration board shall be expedited by the Hospital and the Union. The decision of the majority of such Board shall be final and binding upon both parties as well as all employees affected but the arbitrators shall not be to make, nor shall they make, any decision or recommendation inconsistent with the provisions of this Agreement, nor shall they have the power to add to, sub- tract from or modify any of the terms of this Agreement. In the event that there is no majority decision, the decision of the Chairman shall then be the decision of the Board. It is agreed that by mutual agreement a single arbitrator may act to settle the grievance subject to all the conditions set out above. No matter may be submitted to arbitration which has not been properly carried through all requisite previous steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions 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 expenses 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. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodGrievance Procedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discharge Grievance. involving The release of a probationary employee shall not be the discharge subject of a grievance or arbitration. The Hospital agrees that where an employee must is required to attend a meeting with the Hospital that may lead to disciplinary action, as a good labour relations practice, it will inform the employee of the purpose of the meeting. The Hospital agrees that it will not discharge any employee who has completed their probationary period without just cause. A claim by an employee who has completed her probationary period that she has been unjustly discharged shall be produced in writing treated as a grievance. Such grievance shall be submitted through the Local Union, signed by the grievor and originated under Step the Local Union President, or designate, to the CEO of the Hospital, or designate within seven (7) calendar days of after the date the discharge is effected. Such grievance may be settled by: a) confirming the Hospital's action in dismissing the employee, or b) reinstating the employee being notified with or without loss of his dischargeseniority and with or without full compensation for the time lost, or c) any other arrangement which may be deemed just and equitable. 8.07 Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration as herein provided. If no written request for arbitration is received within fourteen (14) calendar days after the decision under the foregoing procedure is given, the grievance shall be deemed to have been abandoned. 8.08 All agreements reached under the grievance procedure between the representatives of the Health Centre and Hospital, the representatives of the Union and the grievor(s) will be final and binding upon the Health Centre and the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may parties. 8.09 When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman Chair of the Arbitration Board. If they are unable to agree upon such a chairman Chair within a period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. Chair. 8.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. , except as herein provided. 8.11 No matter may be submitted to arbitration arbitration, which has not been properly carried through all requisite steps of the grievance procedure. . 8.12 The Arbitration Board of Arbitration shall not have any power be authorized to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give make any decision inconsistent with the terms and provisions of this agreement. Agreement, or to alter, modify, add to or amend any part of this Agreement. 8.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the parties. The decision of the majority majority, and where there is no majority, the decision of the chairman Chair, will be final and binding upon the parties hereto and the employee or employees concerned. employee(s). 8.14 Each of the parties hereto will bear the expenses expense of the nominee appointed by it its nominee, and the parties will share equally the fees and expenses, if any, expenses of the chairman Chair of the Arbitration Board. 8.15 The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned. 8.16 The parties to this agreement wish to encourage the settlement of grievances as soon as is possible and, wherever possible, without resort to arbitration. A new employee will be considered on probation until he has completed hours worked with For these reasons: a) The parties are encouraged to take advantage of the Health Centre from his most recent date process for mediation/arbitration as provided for in S. 50 of hire. Upon completion the Labour Relations Act, 1995 (R.S.O. 1995 as amended) (the “Act”). b) When the parties do not elect to use S. 50 of such probationary the Act in the period immediately following the employee shall be credited with seniority on the basis of hours paid. The dismissal referral of a probationary employee shall not be matter to arbitration, the subject parties will commence a period of review. During this time they will each seek informed opinion with respect to the matter in dispute and consider whether the issues involved are such that the assistance of a grievance. Rather a Probationary employee mediator, or some form of early intervention, may be dismissed helpful. It is expected that this will occur within the first sixty (60) calendar days following referral of the matter to arbitration, avoiding the delay and costs that result from this process occurring immediately prior to an established hearing date. 8.17 Where “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 sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the unionother provisions referring to Arbitration Board shall appropriately apply. 8.18 Notwithstanding the time limits as set out herein, such probationary period may be extended. Any extensions agreed in the interest of bringing the matter to will be an expeditious conclusion, where the decision or response is provided in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, less than the number of hours worked during days provided above, any subsequent response will measure from the three (3) months immediately preceding receipt of the transfer shall be credited toward response. 8.19 The Employer will advise the probationary periodUnion of all dismissals including probationary.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step of the grievance pro- cedure to the Centre within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Centre's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is ten days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre and the representatives of the Union will be final and binding upon the Health Centre and Centre, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter ,the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry chairman. of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving parties expressly agree that notwithstanding the discharge amendments to the provisions of the Ontario Labour Relations Act, the termination of of a probationary employee shall not be subject to the provisions of the grievance and arbitration provisions of this Agreement except in the event of a claim by a probationary employee under Article A claim by an employee must having completed probationary period that has been unjustly discharged from employment shall be produced treated as a grievance if a written statement of such grievance is lodged to the Supervisor within five (5) working days the employee is discharged. All preliminary steps to the grievance procedure prior to Step No. will be omitted in writing such cases. Such special grievance may be settled by confirming Management's action, or by re-instating the employee with full compensation for time lost, or by any other which are just and originated under Step within seven equitable in the opinion of the conferring parties or of a Board of Arbitration. When an employee has been dismissed without notice will have the right to with a Xxxxxxx and the Chief Xxxxxxx for a reasonable period of time before leaving the Work Centre. The parties agree that a grievance concerning the application, interpretation, administration or violation of this Agreement and including any question as to whether a matter is arbitrable which has b properly carried through all steps of the grievance procedure outlined in Articles I may be referred to a Board of Arbitration, at the written request of either of the parties hereto. The written request shall the name of the nominee appointed by the party requesting arbitration. Within five (75) calendar working days of the employee being notified of his dischargerequest the other party shall appoint a nominee and so advise the party requesting arbitration. All agreements reached under the grievance procedure between the representatives of the Health Centre and the representatives of the Union will be final and binding upon the Health Centre and the Union and the employee or employees involved. Where The two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitrationnominees so named shall, as herein before providedsoon as possible, 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 (7) 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 Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman Chair of the Arbitration Board. If they are unable to the nominees cannot agree upon such a chairman within Chair, either party may refer the matter to the Minister of Labour for Ontario who shall appoint a period Chair. The decision of fourteen (14) calendar daysthe Board of Arbitration, they or a majority thereof, constituted in the above manner shall then request be binding on both parties. In the Office event of failure of the Board of Arbitration to reach a majority decision, the decision of the Ministry of Labour Chair shall constitute the decision of 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 procedureBoard. The Board of Arbitration shall not have any power to amend, alter, alter or add to change any of the provisions of this agreement or Agreement, nor to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementAgreement. The proceedings Board of Arbitration shall have the power to alter a penalty consistent with the provisions of Section (17) of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majorityOntario Labour Relations Act, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. A Each of the parties hereto of this Agreement will bear the expenses of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman its member of the Arbitration BoardBoard and the expenses incurred by it for the preparation and presentation of the case including witnesses. A new employee The parties will jointly bear the fee and expense of the Chair of the Board of Arbitration. Notwithstanding the earlier provisions of this Article the parties may, by mutual agreement, waive these provisions in favour of a specific single arbitrator to be chosen by agreement of the parties, provided such agreement can be reached within five (5) working days of notice of arbitration. The fee and expenses of the single arbitrator will be shared equally. Any written notice under the Grievance or procedures that is sent to a party by ordinary post shall be deemed to have been received on the second working day following the date of mailing. Seniority as referred to in this Agreement, shall mean length of continuous service in the employ of the Employer and for purposes of this Agreement shall also include all seniority accumulated preceding transfers to the Employer's employ in accordance with The Regional Municipality of Peel Act, Seniority as used in this Collective Agreement shall operate on a bargaining unit-wide basis. Newly hired employees will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject basis for a period of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months the date of hiring and will have no seniority rights during that period. After three (3) months of continuous service, seniority shall date back to the day on which employment began. Seniority and all rights of an employee shall cease when an employee: Quits for any reason. Retires or is retired in conformity with the Pension Regulations. Is discharged and not reinstated through the grievance or arbitration provisions of this Agreement. Has been on lay-off for a continuous period of six (6) months in the case of employees with less than one (1) year's service or twelve (12) months in the case of employees with more than one year's service. Who has been on lay-off and: fails to notify the Employer within five (5) working days that is intending to return to work when notified by registered mail addressed to the last address had recorded with the Employer; and, fails to return to work as soon as possible receiving notice but in any event within seven (7)working days of the mailing or other communication of such notice, unless is prevented from reporting for work for acceptable to the Employer. Fails to return to work immediately preceding the transfer expiration of an authorized leave of absence granted by the Employer unless prevented doing so for acceptable to the Employer. Uses such authorized leave of absence for purposes other than that for which it was granted. Is absent for two (2) working days without notifying the Employer except when failure to give such notice is caused by conditions acceptable to the Employer. Seniority lists shall be credited toward updated quarterly by the Employer and include the classification and yard location of each employee and posted on the Employer's appropriate bulletin boards with a copy of same sent to the Union. In any instance where Employer dismisses an employee who has completed the probationary period as a result of an alleged violation of any specific provisions contained in Article and the employee believes such dismissal to be unjust, that employee will have opportunity to invoke all provisions of the grievance and arbitration procedures. Where an employee is transferred from a position outside the bargaining unit to a position inside the bargaining unit, will be considered on a probationary basis for a period of three (3) months from the date of transfer during which the employee shall be ineligible for or standby assignment. Upon completion of the period, the employee will be credited with seniority dating back to the date of transfer together with all seniority previously accrued in the bargaining unit. No Employee shall be transferred to a position out of the bargaining unit without consent. An employee who is temporarily assigned to a unit position shall continue to accrue seniority during such temporary assignments,to a maximum of six (6) calendar months or longer if mutually agreed by the parties.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step of the grievance pro- cedure to the Hospital within five ( 5 ) days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee must or; reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman Chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will w i l l bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, ; of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving the discharge of an employee must be produced in reduced to writing and originated under Step within seven (7) calendar days of the employee being notified of their discharge. An employee may only be discharged for just cause, except that an employee who has not completed his dischargeprobationary period, may be terminated on the basis of a fair and proper assessment of their suitability for employment with the Employer, but which action may be taken up as a grievance. All agreements reached under the grievance procedure between the representatives of the Health Centre Employer and the representatives of the Union will be final and binding upon the Health Centre Employer and the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit The time limits set out in both the grievance at Step within fourteen (14) calendar days and arbitration procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the event giving rise parties shall result in the grievance being deemed to have been abandoned subject only to the grievancesprovisions of the Ontario Labour Relations Act. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. Arbitration Procedure If the Health Centre does not reply within Employer or the time limits stated in the article, the grievance may be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, as herein before provided, it shall make such request in writing addressed to the other party to this agreementAgreement. The Parties agree that a sole arbitrator shall resolve all grievances that have been processed to arbitration. The Parties mutually agree to develop a roster of four (4) arbitrators. Grievances will be referred for hearing to one of the arbitrators on the roster, in rotation. Notwithstanding the foregoing, if either Party wishes to utilize a Board of Arbitration, they shall notify the other party of same and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, providedprovided however, however that if such party fails to name a nominee as herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the 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 chairman within a period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of 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 that has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this agreement Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementAgreement. 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, majority the decision of the chairman Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairperson of the Arbitration Board. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.

Appears in 1 contract

Samples: Collective Agreement

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Discharge Grievance. involving the discharge of If an employee who has completed probationary period, claims that has been unjustly discharged, such claim must be produced in writing and originated under Step within seven (7) calendar days of submitted by the employee being notified at Step of his discharge. All agreements reached under the grievance procedure between within five (5) days following the representatives date the discharge is effective. The decision of the Health Centre and Hospital shall be delivered in writing within ten days following the representatives date of the Union will Step meeting. Failing settlement under the foregoing procedure, any grievance may be final and binding upon submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the Health Centre and decision under Step is given, the Union and the employee or employees involvedgrievance shall be deemed to have been abandoned. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply no written answer has been received within the time limits stated in the articlespecified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. The parties acknowledge that the time limits set out in the grievance and arbitration procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall result in the grievance being deemed to have been abandoned. All agreements reached, under the grievance procedure, between the representativesof the Hospital and the representativesof the Union will be and binding upon the Hospital, the Union and the employees. In such casesEither party, for with the purposes agreement of proceeding the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the grievance mediation process shall be considered take place before the matter is referred to have conformed to the Arbitration. Grievance Mediation will commence within twenty-one (21) days of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be being submitted to arbitrationmediation, or longer period as herein before provided, 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 (7) 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 Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto agreed by the party invoking the 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 chairman within a period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of 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 grievanceparties. No matter may be submitted to arbitration Grievance Mediation which has not been properly carried through all requisite steps of the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The Board parties shall agree upon a Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply and no record of the proceedings shall be made. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration shall not have any power to amend, alter, or add to any of in accordancewith the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this collective agreement. Inthe event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. The proceedings Union and the Employer will share the cost 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 expenses of the nominee appointed by it and the parties will share equally the fees and expensesMediator, if any, of the chairman of the Arbitration Board. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step of the grievance pro- cedure to the Hospital within five (5) days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article,, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter ,the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amendGriev- ance Procedure, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration BoardBoard Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. A new employee will be considered on probation until he has completed hours worked with Wherever Arbitration Board is referred to in the Health Centre from his most recent date of hire. Upon completion of such probationary period Agree- ment, the employee shall be credited with seniority on parties hereto may mutually agree in writing, to sub- stitute a single arbitrator for the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving The release of a probationary employee shall not be the subject of a grievance or arbitration. The Centre agrees that it will not discharge of without just cause, an employee must who has completed his probationary period. A claim by an employee that he has been unjustly discharged shall be produced in writing treated as a grievance. Such grievance shall be submitted through the local Union signed by the and originated under Step the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Centre, or designate within seven (7) calendar days of after the date the discharge is effected. Such grievance may be settled by: a) confirming the Centre’s action in dismissing the employee, or; reinstating the employee being notified with or without loss of his dischargeseniority and with or without full compensation for the time lost, or; any other arrangement which may be deemed just and equitable. All Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration as herein provided. If no written request for arbitration is received within fourteen (14) calendar days after the decision under the foregoing procedure is given, the grievance shall be deemed to have been abandoned. agreements reached under the grievance procedure between the representatives of the Health Centre and Centre, the representatives of the Union and the will be final and binding upon the Health Centre and the Union and the employee or employees involvedparties. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, arbitration as herein before providedprovided in article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman Chair of the Arbitration Board. If they are unable to agree upon such a chairman Chair within a period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of 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 Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions 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 expenses 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. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.fourteen

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must submitted by the employee, who may be accompanied by a union xxxxxxx, or by the grievance procedure to the Hospital five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital’s action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name a nominee. Within seven (7) calendar days thereafter thereinafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted Effective October and for employees who transfer subsequent to arbitration which has not been properly carried through all requisite steps of the grievance procedureOctober an employee whose status is changed full-time to part-time shall receive credit for full service and seniority. The Board of Arbitration An employee whose status is changed part-time to full-time shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions receive credit for any existing provisions, nor to give any decision inconsistent with the terms seniority and provisions 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 expenses 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. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority service on the basis of one year equals hours paidworked, and will be enrolled in the employee benefit plans subject to meeting any waiting period or other requirements of those plans. The dismissal Employees hired prior to October will be credited with the service and seniority they held under the Collective Agreement expiring November employee fails to return to work upon the expiration of a probationary leave of absence or a leave of absence for a purpose other than that for which it was granted; employee has been laid off for twenty-four months; employee fails upon being notified of a recall to signify his intention to return within five working days after he has received the notice of recall, and fails to report to work within ten . working days after he has received the notice of recall; employee is absent due to or disability, which absence continues for thirty An employee shall not lose all seniority and shall be the subject of a grievance. Rather a Probationary deemed terminated employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, quits; employee is discharged and the union, discharge is not reversed through the grievance and arbitration procedure; employee is absent scheduled work for a period of three or more consecutive working days without notifying the Hospital of such probationary period may be extended. Any extensions agreed absence and providing a reason satisfactory to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.Hospital;

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective. confirming the Hospital's action in discharging the employee, or I- .* reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached under the grievance procedure between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedpro- vided, however that however, that, if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration BoardSaturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to the Agree- ment, the parties hereto may mutually agree, in writing, to sub- stitute a single- arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions refer- ring to Arbitration Board shall appropriately apply, A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date forty-five days of hire. work within any twelve calendar months Upon completion of such the probationary period period, the employee name shall be placed respective departmental seniority list and credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Codeequal to forty-five working days. With the written consent of the Health CentreHospital, the probationary employee, and the unionPresident of the Local Union or designate, such probationary period may be extended. Any extensions exten- sion agreed to will be in writing and will specify the length of the extension. An The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration and is at the sole discretion of the Hospital. Definition of Seniority Full-time employees will accumulate seniority on the basis of their continuous service in the bargaining unit from the last date of hire, except as otherwise provided herein. Seniority will operate on a bargaining unit wide basis. Notwithstanding the above, employees hired prior to October will be credited with the seniority they held under the Agreement expiring November and will thereafter accumulate seniority accordance with this Article. Effective October and for who transfers transfer subsequent to or October an employee whose status is changed from casual, full-time to part-time or shall receive credit for full service and seniority. An employee whose status is changed from part-time to full-time status shall not receive credit for seniority and service on the basis of one year equals hours worked, and will be required enrolled in the employee benefit plans subject to serve a probationary meeting any waiting period where he has previously completed oneor other requirements of those plans. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall Employees hired prior to October will be credited toward with the probationary period.service and seniority they held under the Collective Agreement expiring November

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge is effective, Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital’s action in discharging the employee, of an reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as herein after provided. If no written request for arbitration is received within ten (IO) days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen ten (14IO) calendar daysdays of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairmanChairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as . Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paidset out in this Article. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s) . Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration BoardHoard. If they are unable to agree unsuccessful in upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extendedother provisions refer- ring to Arbitration Board shall appropriately apply. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.ARTICLE SENIORITY

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving the discharge of If an employee , who has completed his probationary period, claims that he has been unjustly discharged, such claim must be produced submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at step 3 of grievance procedure to the within five days following the date the is effective.. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital's action in writing discharging the reinstating the with up to full seniority for time lost and originated up to full compensation for time lost, other arrangement which may be deemed just and equitable. Failing settlement under Step foregoing procedure, grievance may be submitted to arbitration a s hereinafter provided . If no written request for arbitration is received within seven (7) calendar ten days of after the employee being notified of his dischargedecision under step 3 is given, the grievance be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may 'IO When either party requests any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, arbitration as herein before providedprovided in this article, it shall make such request in writing addressed to the other o h e r party to this agreement, and at the same time name appoint a nominee. Within seven (7) calendar days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of O f Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Hoard 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,, No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. , Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Board Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hire. Upon completion of such probationary period time Limits as set out in Article Wherever Arbitration Board is referred to in the employee shall be credited with seniority on agreement, the basis of hours paid. The dismissal of parties hereto may agree in writing, to substitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status other provisions referring -to Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital’s action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, or any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties oat-ties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agreement, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to substitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions referring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten (10) days after the decision under Step within seven (7) calendar days of is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter ,the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen ten (1410) calendar daysdays of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be time limits as set out in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodthis Article.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving the discharge of A claim by an employee must who is in the bargaining unit and who has completed her probationary period that she has been unjustly discharged shall be produced treated as a grievance if a written statement of such grievance is lodged by the employee with the Director of Personnel or her designate within five days after the employee ceases to work for the Hospital. Thereafter, the Director of Personnel or her designate will meet with the Union Grievance Committee as constituted under Article 8 hereof within five days. Subsequent to such meeting, the Director of Personnel or her designate will convey her decision to the Union Grievance Committee within five days. Such special grievance may be settled by confirming the Hospital's action in dismissing the employee or by reinstating the employee with full compensation for time lost due to discharge or by any other arrangement which is just and equitable in the opinion of the conferring parties, and in accordance with the above provisions for dealing with all grievances. In the event of a failure to reach a settlement under the procedure set out above, either the Hospital or the Union may initiate arbitration proceedings by notifying the other party in writing and originated under Step of their intention to go to arbitration within seven (7) calendar ten days of the employee being notified of his discharge. All agreements reached under the grievance procedure between the representatives date of the Health Centre and the representatives decision of the Union will be final and binding upon the Health Centre Director of Personnel referred to in Article or Article whichever is applicable. The Hospital and the Union and the employee or employees involved. Where two (2) or more employees have identical grievances and shall then each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step appoint an arbitrator within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, as herein before provided, 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 (7) 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 Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedurefive days. The two nominees arbitrators so appointed shall attempt then endeavour to select by agreement agree upon a chairman third arbitrator to act as Chairman of the Arbitration Board. If they are unable to agree upon such a chairman this third arbitrator is not chosen within a period the next ten days then the process of fourteen (14) calendar days, they shall then request the Office of Arbitration appointment of the Ministry of Ontario Labour of the Province of Ontario to appoint a chairman. Management Arbitration Commission shall be No person may shall be appointed as an arbitrator who has been involved previously in an attempt to negotiate or settle the grievance. Each party shall bear the expense of its own appointee and its witnesses and the expense of the Chairman shall be shared equally by both parties. The proceedings of the arbitration board shall be expedited by the Hospital and the Union. The decision of the majority of such Board shall be final and binding upon both parties as well as all employees affected but the arbitrators shall not be to make, nor shall they make, any decision or recommendation inconsistent with the provisions of this Agreement, nor shall they have the power to add to, subtract from or modify any of the terms of this Agreement. In the event that there is no majority decision, the decision of the Chairman shall then be the decision of the Board. It is agreed that by mutual agreement a single arbitrator may act to settle the grievance subject to all the conditions set out above. No matter may be submitted to arbitration which has not been properly carried through all requisite previous steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions 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 expenses 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. A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodGrievance Procedure.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving the discharge of an employee must be produced in reduced to writing and originated under Step No. within seven (7) ten calendar days of the employee being notified of his discharge. All agreements reached under Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the Hospital and the discharge of a probationary employee shall not be subject to the grievance procedure between or arbitration procedures. It is agreed that the representatives Chairperson of Committee or a Union Committee member will be notified of the Health Centre and the representatives dismissal of the Union will be final and binding upon the Health Centre and the Union and the employee or employees involveda seniority-rated employee. GROUP GRIEVANCE Where two (2) or more employees have identical grievances of a similar nature and each employee would be entitled to grieve separately, all such employees shall sign a the grievance form and submit the grievance at Step within fourteen (14) ten calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Proceduregrievance procedure. All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of 'the Union will be final and binding upon the Hospital and the Union and the employee or employees Where an employee is subject to a suspension or discharge penalty, he shall be entitled upon his request to have a Xxxxxxx or Union Committee person present when the disciplinary action is taken, provided that a Xxxxxxx or a Committee person is readily available to attend. It is the Employer's responsibility to inform the employee of his right to request such representation. If the Health Centre does not reply within Hospital or the time limits stated in the article, the grievance may be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, as herein before provided, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, nominee provided, however however, that if such party fails to name a nominee as herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement a chairman Chairman of the Arbitration Board. If they are unable to agree upon such a chairman Chairman within a period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of the Province of Ontario to appoint a chairmanChairman. 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 Board of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this agreement Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementAgreement. 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, majority the decision of the chairman Chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new ARTICLE SENIORITY: An employee will be considered on probation until after he has completed three hundred and and one-half hours worked with of work within the Health Centre from his most recent date of hirebargaining unit within any twelve calendar month period. Upon completion of such probationary period period, the employee shall will attain seniority and his name will be placed on the seniority list for this bargaining unit and he will be credited with seniority on such hours worked. Notwithstanding anything in this Agreement, a probationary employee may be discharged at the basis sole discretion of hours paid. The dismissal and for any reason satisfactory to the Hospital and the discharge of a probationary employee shall not be subject to the subject grievance or arbitration procedures. Seniority credited as provided above will thereafter accumulate on the basis of a grievancehours worked within the bargaining unit. Rather a Probationary employee may A seniority list will be dismissed posted on the official bulletin boards and will be revised at least semi-annually according to the sole discretion records of the Health Centre provided only that Employer. The respective last dates of hiring of employees with seniority will also appear on the dismissal does not violate the Human Rights Codeposted seniority list. With the written consent The Employer will supply copies of the Health Centreseniority list to the Chairperson of the Committee and the local Union office. Where vacancies are posted for positions within the full-time bargaining unit and no applicants within the full-time bargaining unit are considered to be suitable to fill such vacancies consideration will be given to applications from employees in this bargaining unit to fill such vacancies prior to consideration of persons not employed by the Employer. Where the Employer fills such vacancies from among applicants from this bargaining unit, the probationary employeeEmployer's decision shall be based primarily upon its opinion as to qualifications, skill, ability, experience, and suitability for the unionparticular vacancy of the employee concerned. Where these factors are equal in the opinion of the Employer, such probationary period may be extended. Any extensions agreed to the applicant with the greatest seniority will be in writing and will given preference provided is qualified to perform the length of the extensionjob. An employee who transfers from full-time to or from casual, part-time status on or after January will be given credit for the full-time seniority he had prior to the transfer on the basis of one year of full-time seniority = hours worked as part-time. An employee who transfers from part-time to full-time status shall not on or after January will be required given credit for the part-time seniority he had prior to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number transfer on the basis of hours worked during as part-time = one year of full-time seniority. For purposes of calculating the three (3) months immediately preceding credit to be given, the Hospital will take the hours worked by the employee which are listed on the most recent part-time Seniority List prior to the date of the transfer shall be credited toward and add to them the probationary periodpart-time hours worked by the employee from the date of that list to the date of the transfer.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance pro- cedure to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance and Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter pro- vided. If no written request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance shall be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployee(s). Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgree- ment, and at the same time name appoint a nominee. Within seven (7) calendar five days thereafter the other party shall name a appoint its nominee, providedpro- vided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in agreeing upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievancexxxx- xxxxx. 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. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGriev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. A new employee will Saturdays, Sundays and Holidays are not to be considered on probation until he has completed hours worked with counted in the Health Centre from his most recent date of hiretime limits as set out in this Article. Upon completion of such probationary period Wherever Arbitration Board is referred to in the employee shall be credited with seniority on Agree- ment, the basis of hours paid. The dismissal of parties hereto may mutually agree in writing, to sub- stitute a probationary employee shall not be single arbitrator for the subject of a grievance. Rather a Probationary employee may be dismissed Arbitration Board at the sole discretion time of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, reference to arbitration and the union, such probationary period may be extended. Any extensions agreed other provisions refer- ring to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status Arbitration Board shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary periodappropriately apply.

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving an who has completed probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union xxxxxxx, or by the union xxxxxxx at Step 3 of the grievance to the Hospital within five days following the date the discharge of an is effective. Such grievance may be settled under the Grievance Arbi- tration procedure by: confirming the Hospital's action in discharging the or reinstating the employee must with up to full seniority for time lost and up to full compensation for time lost, other arrangement which may be produced in writing deemed just and originated equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no request for arbitration is received within ten days after the decision under Step within seven (7) calendar days of 3 is given, the employee being notified of his dischargegrievance be deemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre Hospital, the and the Union and the employee or employees involvedemployee(s) . Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, Arbitration as herein before providedprovided in this Article, it shall make such request in writing addressed to the other party to this agreementAgreement, and at the same time name a nominee. Within seven (7) calendar five days thereafter the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman of the Arbitration Board. If they are unable to agree unsuccessful in upon such a chairman within a period of fourteen (14) calendar daysten days of the appointment; of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairman. No person may The Arbitration Board not be appointed as an arbitrator who has been involved in an attempt to negotiate make any decision inconsistent with the provisions of this Agreement, nor to alter, add to or settle the grievanceamend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreementGrievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chairman, will be final and binding 'upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at time of reference to arbitration and the other provisions to Arbitration shall appropriately apply. ARTICLE SENIORITY A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date forty-five days of hirework within any twelve calendar months. Upon completion of such the probationary period the employee he shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not be the subject of a grievance. Rather a Probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Codeequal to forty-five working days. With the written consent of the Health CentreHospital, the probationary employee, employee and the unionpresident of the local union or designate, such probationary period may be extended. Any extensions extension agreed to will be in writing and will specify the length of the extensionThe release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration and is at the sole discretion of the Hospital. employees accumulate seniority on the basis of their continuous service in the bargaining unit from the last date of hire, except as otherwise provided herein. Seniority operate on a bargaining unit wide basis. Notwithstanding the above, employees hired prior to October will be credited with the seniority they held under the Agreement expiring November and will thereafter accumulate seniority in accordance with this Effective and for employees who transfer subsequent to October an employee whose status is changed from full-time part-time receive credit for his/her full service and seniority. An employee who transfers to or whose status is changed from casual, part-time or to full-time status shall not credit for and service on the basis of one year equals hours worked, be required enrolled in the employee benefit plans subject to serve a probationary meeting any waiting period where he has previously completed oneor other requirements of those plans. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall Employees hired prior to October will be credited toward with the probationary period.service and seniority they held under the Collective Agreement expiring November

Appears in 1 contract

Samples: Collective Agreement

Discharge Grievance. involving If an employee who has completed his/her probationary period, claims that he/she has been unjustly discharged, such claim must be submitted by the employee at Step 3 of the grievance procedure within five days following the date the discharge is effective. The decision of an employee the Hospital shall be delivered in writing within ten days following the date of the Step 3 meeting. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step 3 is given, the grievance shall be deemed to have been abandoned. Where no written answer has been received within the time limits specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. The parties acknowledge that the time limits set out in the grievance and arbitration procedures must be produced strictly complied with except by written agreement to extend them and failure to so comply shall result in writing and originated under Step within seven (7) calendar days of the employee grievance being notified of his dischargedeemed to have been abandoned. All agreements reached reached, under the grievance procedure procedure, between the representatives of the Health Centre Hospital and the representatives of the Union will be final and binding upon the Health Centre and Hospital, the Union and the employee or employees involvedemployees. Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may When either party requests that any matter be submitted to the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, arbitration as herein before providedprovided in this article, it shall will make such request in writing addressed to the other party to this agreement, and at the same time name appoint a nominee. Within seven (7) calendar days thereafter thereafter, the other party shall name a appoint its nominee, providedprovided however, however that if such party fails to name a appoint its nominee as herein required, the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario shall have the power to effect make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement agree upon a chairman chair of the Arbitration Boardarbitration board. If they are unable to agree unsuccessful in agreeing upon such a chairman chair within a period of fourteen (14) calendar daysdays of the appointment of the second nominee, they shall then request the Office of Arbitration of the Ministry Minister of Labour of for the Province of Ontario to appoint a chairmanchair. No person may be appointed as an arbitrator to the arbitration board who has been involved in an attempt to negotiate or settle the grievance. 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 part of this agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement. The proceedings of the Arbitration Board will arbitration board shall be expedited by the parties hereto and the decision of the majority majority, and where there is no majority, the decision of the chairman Chair will be final and binding upon on the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expenses expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman chair of the Arbitration Boardarbitration board. Wherever the arbitration board is referred to in the agreement, the parties hereto 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 SENIORITY Probationary Period A new employee will be considered to be on probation until he he/she has completed ninety days of work. In the case of part-time employees, the probation period will be hours worked with the Health Centre from his most recent date of hireworked. Upon completion of such the probationary period period, the employee shall will be credited with seniority on the basis of equal to ninety working days or hours paidfor part-time employees. The dismissal probationary period may be extended by the Hospital upon notification to the Union. Any extension request will be in writing and will specify the length of a the extension. The release or discharge of an employee during the probationary employee shall period will not be the subject of a grievance. Rather a Probationary employee may be dismissed at grievance or arbitration and is the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights CodeHospital. With the written consent Definition of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.Seniority

Appears in 1 contract

Samples: Collective Agreement

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