Common use of Discipline and Grievance Procedure Clause in Contracts

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period will not be disciplined or discharged without a fair and impartial investigation. 24.2 Investigation in connection with alleged irregularities will be held as quickly as possible. An employee may be held out of service for investigation (not exceeding three working days). He will be given at least 48 hours' notice in writing of the investigation and notified of the specific charges against him in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that a proper officer of the Corporation, who may be on the ground when the cause for investigation occurs, shall be prevented from making an immediate investigation. An employee may, if he so desires, have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall be furnished with a copy of his own statement, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. 24.3 If a decision is considered unjust, an appeal may be made in writing within 21 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 Should an employee be exonerated he shall be paid at his regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with. Step 1 Within 21 calendar days from cause of grievance, the employee and/or the Local Chairperson, or his authorized committeeman, must present the grievance in writing to the immediate Supervisor who will give a decision within 21 calendar days of receipt of grievance. Step 2 Within 28 calendar days of receiving decision under Step 1, the Local Chairperson (or his designate) may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period (a) Discipline will be administered under the merit and demerit system. 24.2 Employees will not be disciplined held out of service for minor offences. Minor offences are defined as offences not involving suspension or discharged without dismissal. Should an employee be held out of service for such serious offence, he/she will continue to receive pay pending the complete investigation. Notice will be provided to the local chairperson. 24.3 No employee shall be disciplined, discharged, or have their employment terminated until he/she has had a fair and impartial investigationinvestigation and his/her responsibility established. 24.2 Investigation 24.4 Hearings in connection with alleged irregularities major offences will be held as quickly as possible. An employee The purpose of such hearings shall be to establish and determine the actual facts upon which action may be held out of service for investigation taken as considered necessary by the Company. (not exceeding three working days). He a) All evidence will be given made available to the authorized Local Union representatives at least 48 hours' notice the Company office and in writing advance of the investigation and notified hearing. (b) When charges of a major offence have been made against an employee, the Company if requested to do so by the authorized Local Union representative will, if possible, arrange for a joint confidential interview of the specific charges against him complainant or other witnesses (after the hearing) by the authorized Local Union representative in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that company with a proper officer of the CorporationCompany. (c) Employees will be allowed to provide material witnesses or their written evidence, who and their statements may be written into the record of the hearing. 24.6 When employees are required to make formal statement on matter affecting the Agreement, Company policies, procedures, working rules, or compensation, a duly authorized Union representative shall be present. When employees are required to make formal statements on matter not affecting the Agreement, Company working rules, or compensation, the employee shall have a fellow employee or an accredited representative of the Union present. 24.7 A proper officer of the Company, on the ground premises when the cause for investigation an incident occurs, shall be prevented from making may carry out an immediate investigation. An employee may, if he so desires, investigation and take such action as may be deemed necessary by the circumstances. 24.8 Employees or their accredited representative may request a deferment up to and including 72 hours from the original date set for the hearing. 24.9 Dates and times set out in this Article may be changed due to a bona fide illness or other reason as may be mutually agreed upon. 24.10 Employees who have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall been called for a hearing will be furnished with a copy copies of his own statement, if it is made a matter of record any statement taken at the hearing. Following that investigation. The decision will be rendered within 21 calendar days from , the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee Company will not be held out allowed to conduct the investigation anew into the circumstances of service pending the rendering of a decision, except in the case of a dismissible offenceinitial investigation. 24.3 24.11 If a the decision is considered unjust, an appeal may be made in writing within 21 14 calendar days in accordance with Article 24.13, Step 2. Should the Grievance Proceduredecision involve a suspension or dismissal, the appeal shall be made in writing within 14 calendar days directly to the President ONTC. Such appeal shall set forth the grounds upon which it is was made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 (a) Any written reprimand, warning or caution, or the like, will be removed from the employee's record following a period of 10 months of discipline-free performance from the date of such written reprimand, warning or caution, or the like. (b) Demerit marks will be removed from the employee's record following a period of 12 months of discipline-free performance from the date of such demerit marks, to a maximum of 20 demerits. Suspension or the like will be removed from the employee's record following a period of 12 months of discipline- free performance from the date of such suspension or the like. (c) Discipline will be expunged from an employee's personnel record following a period of 48 months of discipline-free performance. 24.12 Should an employee assigned employees be exonerated he they shall be paid at his their regular rate of pay for any time lost service hours lost, less any amount earned in other employment. Spare employees, if exonerated, will be compensated for 5.71 hours per calendar day during the period they were removed from the spare board, with a maximum of forty (one 40) hours in a seven (7) day for each 24 hours)period at the rate of the last classification in which they operated, less any amount earned in other employment. If away from home he home, employees shall, on the production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation.hearing. When exonerated, a spare employee who has lost his/her turn will have his/her name placed at the top of the spare board; if he/she has not lost his/her turn, he/she will resume the position he/she previously held on the spare board. Grievance Procedure 24.5 Any complaint raised by 24.13 Should an employee concerning the interpretation, application or alleged violation of subject to this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he believe he/she has been unjustly dealt with, or that any of the provisions of this Agreement have been violated, he/she shall within seven calendar days from the alleged unjust action, present the complaint to his/her immediate supervisor for adjustment. Step 1 Within 21 calendar days from cause Failing satisfactory resolution of grievancethe complaint, the employee and/or the Local Chairpersonauthorized local Union may, or his authorized committeemanwithin 14 days, must present the grievance in writing writing, on a form supplied by the Company, to the immediate Supervisor who will give a employee's supervisor, whose decision shall be rendered within 21 seven calendar days of receipt of grievancedays. Step 2 Within 28 21 calendar days following receipt of receiving the decision rendered under Step 1, 1 the authorized Local Chairperson (or his designate) Union Representative may appeal the decision in writing to the Regional Head of the function or to the Head of the function at System HeadquartersOperating Department senior official, as appropriate. A whose decision will must be rendered within 28 21 calendar days of receiving days. 24.14 Upon request from either party, reasonable effort will be made to have meetings within the allotted times. 24.15 A grievance not progressed within the time limits specified shall be dropped and shall not be subject to further appeal. The appeal shall include Where, in the case of a written statement grievance based on only a time claim, a decision is not rendered by the designated officer of the grievance and where it concerns Company at Steps 1 or 2 within the interpretation time limits specified in such steps, the time claim will be paid. Payment under such circumstances shall not constitute a precedent, or alleged violation waiver of the Collective Agreement, the statement shall identify the Article and paragraph contentions of the Article involvedCompany in that case or in respect of other similar claims. Step 3 Within 60 calendar days of receiving decision under Step 2, 24.16 The time limits specified in Steps 1 and 2 may be extended by mutual agreement between the designated National or Regional Representative of the parties referred to in each step. 24.17 All conferences between shop officials and authorized Local Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision Representatives will be rendered within 60 calendar days held by appointment and concluded during regular working hours without loss of receiving the appealearnings to committee representatives. 24.6 A grievance concerning 24.18 The Company will not discriminate against any employee who, as authorized Local Union Representatives, from time to time, represent other employees and will grant them leave of absence and free transportation over the discipline Company's lines when delegated to represent other employees. 24.19 If an authorized Union Representative should consider that a provision of an employee this Agreement has been violated, he/she may initiate a grievance, which shall be processed commencing in accordance with Step 2 the foregoing provisions of the grievance procedure within 21 calendar days of the date the employee is notified of the disciplinethis Rule 34. 24.7 24.20 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 24.21 Where any a decision with respect to such grievance is not progressed rendered by the Union appropriate officer of the Company within the prescribed time limits, the grievance will be considered processed to have been dropped without precedent or prejudicethe next step in the grievance procedure. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered progressed by the appropriate officer of the Corporation Union within the prescribed time limits, it will shall be processed to the next step in the Grievance Procedureconsidered as dropped. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period will not be disciplined or discharged without a fair and impartial investigation. 24.2 Investigation in connection with alleged irregularities will be held as quickly as possible. An employee may be held out of service for investigation (not exceeding three working days). He will be given at least 48 hours' notice in writing of the investigation and notified of the specific charges against him in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that a proper officer of the Corporation, who may be on the ground when the cause for investigation occurs, shall be prevented from making an immediate investigation. An employee may, if he so desires, have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall be furnished with a copy of his own statement, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. 24.3 If a decision is considered unjust, an appeal may be made in writing within 21 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case.within 24.4 Should an employee be exonerated he shall be paid at his regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with. Step 1 Within 21 calendar days from cause of grievance, the employee and/or the Local Chairperson, or his authorized committeeman, must present the grievance in writing to the immediate Supervisor who will give a decision within 21 calendar days of receipt of grievance. Step 2 Within 28 calendar days of receiving decision under Step 1, the Local Chairperson (or his designate) may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period 6.1 Employees will not be disciplined or discharged without a fair and impartial investigationhearing. 24.2 Investigation 6.2 Investigations in connection with alleged irregularities will be held as quickly as possible. An employee Employees may be held out of service for investigation (not exceeding three working days). He The employee and the Local Chairperson will be given at least 48 twenty-forty (24) hours' notice in writing of the time and place of the investigation and notified of the specific charges against him in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such noticethem. This shall not be construed to mean that a proper officer of the CorporationCompany, who may be on the ground when the cause for investigation occurs, shall be prevented from making holding an immediate investigation. An employee mayEmployees may only, if he they so desiresdesire, have the assistance at the investigation of one or two fellow employeesco-workers, which could include their Local Chairperson or authorized Committee personcommittee members, at or accredited representative of the investigationunion who are employees of the Company. The employee Upon request, employees being investigated shall be furnished with a copy of his their own statement, statements if it is they are made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee Employees will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. 24.3 6.3 If a the decision is considered unjust, an appeal may be made in writing within 21 14 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 6.4 Should an employee be exonerated he they shall be paid at his their regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he they shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 6.5 Any complaint raised by an employee employees concerning the interpretation, application or alleged violation of this Agreement agreement shall be dealt with in the following manner; this shall also apply to an employee employees who believes believe that he has they have been unjustly dealt with.: Step 1 Within 21 twenty-eight (28) calendar days from cause of grievance, grievance the employee and/or the Local Chairperson, or his the authorized committeemancommittee member or accredited representative, must may present the grievance in writing to the immediate Supervisor who will give a decision within 21 twenty-eight (28) calendar days of receipt of grievance. Step 2 Within 28 twenty-eight (28) calendar days of receiving decision under Step 1, an accredited representative of the Local Chairperson (or his designate) Union may appeal in writing to the Regional Head of Designated Senior Functional Officers identified by the function or to the Head of the function at System Headquarters, as appropriateCompany. A decision will be rendered within 28 twenty-eight (28) calendar days of receiving appeal. Step 3 Within forty-five (45) calendar days of receiving decision under Step 2, the Regional Representative of the Union may appeal to the Senior Vice-President of the Company. A decision will be rendered within forty-five (45) calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreementcollective agreement, the statement shall identify the Article article and paragraph of the Article article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 6.6 A grievance concerning the discipline of an employee may will be processed commencing with Step 2 of the grievance procedure within 21 28 calendar days of the date the employee is notified of the discipline. 24.7 6.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 6.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriate officer of the Corporation Company within the prescribed time limits, it limits the grievance will be processed to the next step in the Grievance Proceduregrievance procedure. 24.9 6.9 When a written grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for 6.10 The time limits as provided under this Article article may be extended by mutual agreement between the Corporation Company officer and Union representative at any step.

Appears in 2 contracts

Samples: Employee Assistance Program Agreement, Employee Assistance Program Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period Employees will not be disciplined for or discharged for major offenses without a fair and impartial investigation. 24.2 Investigation hearing. Investigations in connection with alleged irregularities will be held as quickly as possible. An employee Employees may be held out of service for investigation (not exceeding three working days). He Except as provided under Article "Corrective Behaviour Informal Investigation", when a formal investigation to be held, the employee and the designated Union representative will be given at least 48 hours' (48) hours notice in writing of the investigation and will be notified of the specific charges against him in writingtime, place, and subject matter of such investigation. Where possible, investigations (A copy of the notice for an investigation will be held during given to the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. local chairperson.) This shall not be construed to mean that a the proper officer of the CorporationCompany, who may be on the ground premises when the cause for investigation occurs, shall be prevented from making holding an immediate investigation. An employee mayEmployees may only, if he so desiresthey desire, have the assistance at the investigation of one or two fellow employeesco-workers, Local Chairperson which could include their local chairperson or authorized Committee personcommittee members of the union who are employees of the Company. At the beginning of the hearing, at the investigationemployee (and the authorized representative if present) will be provided with a copy of all the written evidence that is to be introduced. The employee being investigated shall and the authorized representative will be given an opportunity through the presiding to ask relevant questions of the witnesses present at the hearing. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of his own statement, if it is made a matter of record at the investigationstatements and all evidence presented. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee Employees will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. 24.3 If offense. Corrective Behaviour Process This process is designed to help employees modify behaviour which may not be considered appropriate in the workplace. These are minor incidents and it is preferred that the behaviour is modified before the situation worsens. Articles or will be applicable to employees subject to discipline or discharge for a decision is considered unjustmajor offense. Before an informal discussion takes place, an appeal related to discipline, the employee will be offered union representation for the informal process. Minor incidents may be made handled without the necessity of a formal investigation. Minor incidents are defined as those for which no more than five (5) demerit marks would normally be assessed. The Company and the Union agree that an employee may not be discharged under this informal process. The informal process will not apply to employees whose discipline records stand at thirty (30) or more xxxxxx marks. Such incidents will be investigated as quickly as possible by a proper of the Company. An employee who is alleged to have committed a minor offence will not be assessed discipline without having been subject to the informal process as described above. The substance of the discussion shall be recorded on an incident report which shall contain the following information: DATE: LOCATION: EMPLOYEE'S NAME AND PIN: SUPERVISORS NAME AND PIN: BRIEF DESCRIPTION OF THE INCIDENT: EMPLOYEES REMARKS: CORRECTIVE ACTION: UNION REPRESENTATIVE: A copy of the incident report shall be given to the employee when action has been decided upon, and a copy may be placed on the employee's file. In cases where the assessment of discipline is deemed warranted, the employee will be advised in writing within 21 fourteen (14) calendar days from the date the incident is reviewed with the employee concerned. Should the employee disagree with the discipline assessed at this stage, the employee so notified may initiate an appeal of the discipline in accordance with the Grievance Procedureprovisions of Step of the grievance procedure. Such appeal shall set forth Should the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On requestemployee disagree with any of the conclusions reached by the Company during the informal process, the designated National employee (or Regional Representative their duly authorized union representative) may, within fourteen (14) calendar days of receipt of notification of discipline, advise the proper officer of the Union shall Company that they require that a formal investigation be shown all evidence in held pursuant to this Agreement which will then be held without undue delay. In such instances the case. 24.4 incident report and the discipline assessed through the informal process will be considered null and void. Should an employee employees be exonerated he they shall be paid at his their regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he they shall, on production of receipts, be reimbursed reasonable expenses for travelling traveling to and from the investigation. 24.5 . Any complaint raised by an employee employees concerning the interpretation, application or alleged violation of this Agreement agreement shall be dealt with in the following manner; this shall also apply to an employee employees who believes believe that he has they have been unjustly dealt with. Step 1 : Within 21 fourteen (14) calendar days from cause of grievance, grievance the employee and/or the Local Chairperson, or his the authorized committeemancommittee member, must may present the grievance in writing to the immediate Supervisor who will give a decision within 21 fourteen (14) calendar days of receipt of grievance. Step 2 . Within 28 twentyeight (28) calendar days of receiving decision under Step 1, the Local Chairperson (Chairpersons or his designate) their designate of the Union may appeal in writing to the Regional Head of Designated Senior Functional Officers identified in the function or letter given to the Head of the function at System Headquarters, as appropriate. Union on March A decision will be rendered within 28 twentyeight (28) calendar days of receiving appeal. Within forty-five (45) calendar days of receiving decision under Step the designated Representative of the Union may appeal to the designated Company officers identified in the letter given to the Union on March NOTE: Each party will notify the other of any changes in designated A decision will be rendered within forty-five (45) calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreementcollective agreement, the statement shall identify the Article article and paragraph of the Article article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 2 contracts

Samples: Employee and Family Assistance Program Agreement, Employee and Family Assistance Program Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period will not be disciplined or discharged without a fair and impartial investigation. 24.2 Investigation in connection with alleged irregularities will be held as quickly as possible. An employee may be held out of service for investigation (not exceeding three working days). He will be given at least 48 hours' notice in writing of the investigation and notified of the specific charges against him in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that a proper officer of the Corporation, who may be on the ground when the cause for investigation occurs, shall be prevented from making an immediate investigation. An employee may, if he so desires, have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall be furnished with a copy of his own statement, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offencedismissibleoffence. 24.3 If a decision is considered unjust, an appeal may be made in writing within 21 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 Should an employee be exonerated he shall be paid at his regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with. Step 1 Within 21 calendar days from cause of grievance, the employee and/or the Local Chairperson, or his authorized committeeman, must present the grievance in writing to the immediate Supervisor who will give a decision within 21 calendar days of receipt of grievance. Step 2 Within 28 calendar days of receiving decision under Step 1, the Local Chairperson (or his designate) may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance ProcedureGrievanceProcedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure.to 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 1 contract

Samples: Collective Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period (a) Discipline will be administered under the merit and demerit system. 24.2 Employees will not be disciplined held out of service for minor offences. Minor offences are defined as offences not involving suspension or discharged without dismissal. Should an employee be held out of service for such serious offence, he/she will continue to receive pay pending the complete investigation. Notice will be provided to the local chairperson. 24.3 No employee shall be disciplined, discharged, or have their employment terminated until he/she has had a fair and impartial investigationinvestigation and his/her responsibility established. 24.2 Investigation 24.4 Hearings in connection with alleged irregularities major offences will be held as quickly as possible. An employee The purpose of such hearings shall be to establish and determine the actual facts upon which action may be held out of service for investigation taken as considered necessary by the Company. (not exceeding three working days). He a) All evidence will be given made available to the authorized Local Union representatives at least 48 hours' notice the Company office and in writing advance of the investigation and notified hearing. (b) When charges of a major offence have been made against an employee, the Company if requested to do so by the authorized Local Union representative will, if possible, arrange for a joint confidential interview of the specific charges against him complainant or other witnesses (after the hearing) by the authorized Local Union representative in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that company with a proper officer of the CorporationCompany. (c) Employees will be allowed to provide material witnesses or their written evidence, who and their statements may be written into the record of the hearing. 24.6 When employees are required to make formal statement on matter affecting the Agreement, Company policies, procedures, working 24.7 A proper officer of the Company, on the ground premises when the cause for investigation an incident occurs, shall be prevented from making may carry out an immediate investigation. An employee may, if he so desires, investigation and take such action as may be deemed necessary by the circumstances. 24.8 Employees or their accredited representative may request a deferment up to and including 72 hours from the original date set for the hearing. 24.9 Dates and times set out in this Article may be changed due to a bona fide illness or other reason as may be mutually agreed upon. 24.10 Employees who have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall been called for a hearing will be furnished with a copy copies of his own statement, if it is made a matter of record any statement taken at the hearing. Following that investigation. The decision will be rendered within 21 calendar days from , the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee Company will not be held out allowed to conduct the investigation anew into the circumstances of service pending the rendering of a decision, except in the case of a dismissible offenceinitial investigation. 24.3 24.11 If a the decision is considered unjust, an appeal may be made in writing within 21 14 calendar days in accordance with Article 24.13, Step 2. Should the Grievance Proceduredecision involve a suspension or dismissal, the appeal shall be made in writing within 14 calendar days directly to the President ONTC. Such appeal shall set forth the grounds upon which it is was made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 (a) Any written reprimand, warning or caution, or the like, will be removed from the employee's record following a period of 10 months of discipline-free performance from the date of such written reprimand, warning or caution, or the like. (b) Demerit marks will be removed from the employee's record following a period of 12 months of discipline-free performance from the date of such demerit marks, to a maximum of 20 demerits. Suspension or the like will be removed from the employee's record following a period of 12 months of discipline-free performance from the date of such suspension or the like. (c) Discipline will be expunged from an employee's personnel record following a period of 48 months of discipline-free performance. 24.12 Should an employee assigned employees be exonerated he they shall be paid at his their regular rate of pay for any time lost (one day for each 24 hours)service hours lost, less any amount earned in other employment. If away from home he shallSpare employees, on production of receiptsif exonerated, will be reimbursed reasonable expenses compensated for travelling to and from 5.71 hours per calendar day during the investigation.period they Grievance Procedure 24.5 Any complaint raised by 24.13 Should an employee concerning the interpretation, application or alleged violation of subject to this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he believe he/she has been unjustly dealt with, or that any of the provisions of this Agreement have been violated, he/she shall within seven calendar days from the alleged unjust action, present the complaint to his/her immediate supervisor for adjustment. Step 1 Within 21 calendar days from cause Failing satisfactory resolution of grievancethe complaint, the employee and/or the Local Chairpersonauthorized local Union may, or his authorized committeemanwithin 14 days, must present the grievance in writing writing, on a form supplied by the Company, to the immediate Supervisor who will give a employee's supervisor, whose decision shall be rendered within 21 seven calendar days of receipt of grievancedays. Step 2 Within 28 21 calendar days following receipt of receiving the decision rendered under Step 1, 1 the authorized Local Chairperson (or his designate) Union Representative may appeal the decision in writing to the Regional Head of the function or to the Head of the function at System HeadquartersOperating Department senior official, as appropriate. A whose decision will must be rendered within 28 21 calendar days of receiving days. 24.14 Upon request from either party, reasonable effort will be made to have meetings within the allotted times. 24.15 A grievance not progressed within the time limits specified shall be dropped and shall not be subject to further appeal. The appeal shall include Where, in the case of a written statement grievance based on only a time claim, a decision is not rendered by the designated officer of the grievance and where it concerns Company at Steps 1 or 2 within the interpretation time limits specified in such steps, the time claim will be paid. Payment under such circumstances shall not constitute a precedent, or alleged violation waiver of the Collective Agreement, the statement shall identify the Article and paragraph contentions of the Article involvedCompany in that case or in respect of other similar claims. Step 3 Within 60 calendar days of receiving decision under Step 2, 24.16 The time limits specified in Steps 1 and 2 may be extended by mutual agreement between the designated National or Regional Representative of the parties referred to in each step. 24.17 All conferences between shop officials and authorized Local Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision Representatives will be rendered within 60 calendar days held by appointment and concluded during regular working hours without loss of receiving the appealearnings to committee representatives. 24.6 A grievance concerning 24.18 The Company will not discriminate against any employee who, as authorized Local Union Representatives, from time to time, represent other employees and will grant them leave of absence and free transportation over the discipline Company's lines when delegated to represent other employees. 24.19 If an authorized Union Representative should consider that a provision of an employee this Agreement has been violated, he/she may initiate a grievance, which shall be processed commencing in accordance with Step 2 the foregoing provisions of the grievance procedure within 21 calendar days of the date the employee is notified of the disciplinethis Rule 34. 24.7 24.20 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 24.21 Where any a decision with respect to such grievance is not progressed rendered by the Union appropriate officer of the Company within the prescribed time limits, the grievance will be considered processed to have been dropped without precedent or prejudicethe next step in the grievance procedure. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered progressed by the appropriate officer of the Corporation Union within the prescribed time limits, it will shall be processed to the next step in the Grievance Procedureconsidered as dropped. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline and Grievance Procedure. 24.1 36.1 An employee, who has completed his probationary period period, will not be disciplined or discharged without a fair and impartial an investigation. 24.2 Investigation 36.2 Investigations in connection with alleged irregularities will be held as quickly as possible. An employee may be held out of service for investigation (not exceeding three working days). He will be given at least 48 hours' one day's notice in writing of the investigation in writing and notified of the specific charges against him in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such noticehim. This shall not be construed to mean that a proper officer of the CorporationCompany, who may be on the ground when the cause for investigation occurs, shall be prevented from making an immediate investigation. An employee may, if he so desires, have the assistance of one or two fellow employees, Local Chairperson or authorized Committee personaccredited representatives of the Union, at the investigation. At the hearing, prior to commencement of the investigation, the employee will be provided with a copy of all the written evidence as well as any oral evidence which has been recorded and which has a bearing on his involvement. The employee being investigated shall be furnished with a copy of his own statement, if it is made a matter of record at the investigation. The decision will be rendered within 21 twenty-one calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible dismissable offence. 24.3 36.3 If a the decision is considered unjust, an appeal may be made in writing within 21 calendar days in accordance with the Grievance Proceduregrievance procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, request the designated appropriate National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 36.4 Should an employee be exonerated he shall be paid at his regular rate of pay for any time lost (one day for each 24 twenty-four hours), less any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 Any complaint raised by 36.5 Should an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that believe he has been unjustly dealt with., or that any of the provisions of this agreement have not been complied with (which it is not possible to adjust with the Master), the procedure for adjustment shall be as follows: Step 1 Within 21 40 calendar days from cause of grievance, grievance the employee and/or the Local Chairperson, or his authorized committeeman, must Chairman may present the grievance in writing to the immediate Supervisor who appropriate General Manager. A decision will give a decision be rendered within 21 28 calendar days of receipt of grievancedays. Step 2 Within 28 calendar days of receiving decision under Step 1, the Local Chairperson (or his designate) appropriate National Representative of the Union may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Vice President Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2Resources. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 36.6 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 1. (a) Where a grievance other than one based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriate officer of the Grievance ProcedureCompany within the prescribed time limits the grievance will be processed to the next step in the grievance procedure. 24.8 Where any (b) When a written grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, the grievance will it shall be considered to have been dropped without precedent or prejudiceas dropped. When the appropriate officer of the Corporation Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid, but . The application of this will rule shall not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedurecollective agreement. 24.9 36.8 The time limits as provided under this Article may be extended by agreement between the Corporation officer and Union representative at any stepmutual agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period will not be disciplined or discharged without a fair and impartial investigation. 24.2 Investigation in connection with alleged irregularities will be held as quickly as possible. An employee may be held out of service for investigation (not exceeding three working worki ng days). He will be given at least 48 hours' notice in writing of the investigation and notified of the specific charges against him in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that a proper officer of the Corporation, who may be on the ground when the cause for investigation occurs, shall be prevented from making an immediate investigation. An employee may, if he so desires, have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall be furnished with a copy of his own statement, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence.The 24.3 If a decision is considered unjust, an appeal may be made in writing within 21 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 Should an employee be exonerated he shall be paid at his regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with. Step 1 Within 21 calendar days from cause of grievance, the employee and/or the Local Chairperson, or his authorized committeeman, must present the grievance in writing to the immediate Supervisor who will give a decision within 21 calendar days of receipt of grievance. Step 2 Within 28 calendar days of receiving decision under Step 1, the Local Chairperson (or his designate) may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 1 contract

Samples: Collective Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period (a) Discipline will be administered under the merit and demerit system. 24.2 Employees will not be disciplined held out of service for minor offences. Minor offences are defined as offences not involving suspension or discharged without dismissal. Should an employee be held out of service for such serious offence, he/she will continue to receive pay pending the complete investigation. Notice will be provided to the local chairperson. 24.3 Reports submitted by employees will be used for the assistance of company officers in determining and evaluating the facts of a particular situation. 24.4 Employees charged with having committed an offence will be granted a fair and impartial investigationhearing by the proper officer of the company. 24.2 Investigation 24.5 Hearings in connection with alleged irregularities major offences will be held as quickly as possible. An employee The purpose of such hearings shall be to establish and determine the actual facts upon which action may be held out of service for investigation taken as considered necessary by the company. (not exceeding three working days). He a) All evidence will be given made available to the authorized Local Union representatives at least 48 hours' notice the company office and in writing advance of the investigation and notified hearing if he/she so desires. (b) When charges of a major offence have been made against an employee, the company if requested to do so by the authorized Local Union representative will, if possible, arrange for a joint confidential interview of the specific charges against him complainant or other witnesses (after the hearing) by the authorized Local Union representative in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that company with a proper officer of the Corporationcompany. (c) Employees will be allowed to provide material witnesses or their written evidence, who and their statements may be written into the record of the hearing. 24.7 When employees are required to make formal statement on matter affecting the agreement, company working rules or compensation, a duly authorized union representative shall be present. When employees are required to make formal statements on matter not affecting the agreement., company working rules or compensation, the employee have fellow employee or an accredited representative of the union present. 24.8 A proper officer of the company, on the ground when the cause for investigation an incident occurs, shall be prevented from making may carry out an immediate investigation. An employee mayinvestigation and take such action as may be deemed necessary by the circumstances. 24.9 Employees or their accredited representative may request a deferment up to and including 72 hours from the original date set for the hearing. 24.10 When a request for deferment is made by employees or their representative, if he so desiresand employees fail to appear within 24 hours from the agreed date of deferment, unless prevented by bona fide illness or just cause, they will be considered as having resigned without notice and their names will be dropped from the seniority list. 24.11 Dates and times set out in this Article may be changed due to a bona fide illness or other reason as may be mutually agreed upon. 24.12 Should employees who have been held out of service desire to defer their hearing of alleged charges against them until they may have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, a particular employee at the investigation. The employee being investigated shall be furnished with a copy hearing and they are exonerated of his own statementthe charges, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee they will not be paid for the additional time held out of service pending due to the rendering of a decision, except in the case of a dismissible offencedelay caused by their request. 24.3 24.13 Employees who have been called for a hearing will be furnished with copies of any statement taken at the hearing. 24.14 If a the decision is considered unjust, an appeal may be made in writing within 21 fourteen (14) calendar days in accordance with Article 24.16, Step 3. Should the Grievance Proceduredecision involve a suspension or dismissal, the appeal shall be made in writing within fourteen (14) calendar days directly to the President ONTC. Such appeal shall set forth the grounds upon which it is I made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 24.15 Should an employee assigned employees be exonerated he they shall be paid at his their regular rate of pay for any time lost service hours lost, less any amount earned in other employment. Spare employees, if exonerated, will be compensated for 5.71 hours per calendar day during the period they were removed from the spare board, with a maximum of forty (one 40) hours in a seven (7) day for each 24 hours)period at the rate of the last classification in which they operated, less any amount earned in other employment. If away from home he home, employees shall, on the production of receipts, be reimbursed reasonable expenses for travelling to and from the investigationhearing. When exonerated, a spare employee who has lost his/her turn will have his/her name placed at the top of the spare board; if he/she has not lost his/her turn, he/she will resume the position he/she previously held on the spare board. 24.5 24.16 Any complaint raised by an employee employees concerning the interpretation, application or alleged violation of this Agreement or that they have been unjustly dealt with shall be dealt with handled in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with. Step 1 Within 21 calendar days from cause of grievance, the employee and/or the Local Chairperson, or his authorized committeeman, must present the grievance in writing to the immediate Supervisor who will give a decision within 21 calendar days of receipt of grievance. Step 2 Within 28 calendar days of receiving decision under : Step 1, the Local Chairperson (or his designate) may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period will not be disciplined or discharged without a fair and impartial investigation. 24.2 . Investigation in connection with alleged irregularities will be held as quickly as possible. An employee may be held out of service for investigation (not exceeding three working days). He will be given at least 48 hours' notice in writing of the investigation and notified of the specific charges against him in writing. Where possible, investigations will be held during the employee's ’s normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that a proper officer of the Corporation, who may be on the ground when the cause for investigation occurs, shall be prevented from making an immediate investigation. An employee may, if he so desires, have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall be calendar furnished with a copy of his own statement, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. 24.3 If a decision is considered unjust, an appeal may be made in writing within 21 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 . Should an employee be exonerated he shall be paid at his regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 . Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with. Step 1 . Within 21 calendar days from cause of grievance, the employee and/or the Local Chairperson, or his authorized committeeman, must present the grievance in writing to the immediate Supervisor who will give a decision within 21 calendar days of receipt of grievance. Step 2 Within 28 calendar days of receiving decision under Step 1, the Local Chairperson (or his designate) may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 1 contract

Samples: Collective Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period Employees will not be disciplined for or discharged for major offenses without a fair and impartial investigation. 24.2 Investigation hearing. Investigations in connection with alleged irregularities will be held as quickly as possible. An employee Employees may be held out of service for investigation (not exceeding three working days). He Except as provided under Article "Corrective Behaviour Investigation", when a investigation is to be held, the employee and the designated Union representative will be given at least 48 hours' (48) hours notice in writing of the investigation and will be notified of the specific charges against him in writingtime, place, and subject matter of such investigation. Where possible, investigations (A copy of the notice for an investigation will be held during given to the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. local chairperson.) This shall not be construed to mean that a the proper officer of the CorporationCompany, who may be on the ground premises when the cause for investigation occurs, shall be prevented from making holding an immediate investigation. An employee mayEmployees may only, if he they so desiresdesire, have the assistance at the investigation of one or two fellow employeesco-workers, Local Chairperson which could include their local chairperson or authorized Committee personcommittee members of the union who are employees of the Company. At the beginning of the hearing, at the investigationemployee (and the authorized representative if present) will be provided with a copy of all the written evidence that is to be introduced. The employee being investigated shall and the authorized representative will be given an opportunity through the presiding officer to ask relevant questions of the witnesses present at the hearing. The questions and answers will be recorded and the employee and the authorized representative will be furnished with a copy of his own statement, if it is made a matter of record at the investigationstatements and all evidence presented. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee Employees will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. 24.3 If offense. Corrective Behaviour Informal Process This process is designed to help employees modify behaviour which may not be considered appropriate in the workplace. These are minor incidents and it is preferred that the behaviour is modified before the situation worsens. Articles or will be applicable to employees subject to discipline or discharge for a decision is considered unjustmajor offense. Before an informal discussion takes place, an appeal related to discipline, the employee will be offered union representation for the informal process. Minor incidents may be made handled without the necessity of a investigation. Minor incidents are defined as those for which no more than five (5) demerit marks would normally be assessed. The Company and the Union agree that an employee may not be discharged under this informal process. The informal process will not apply to employees whose discipline records stand at thirty (30) or more demerit marks. Such incidents will be investigated as quickly as possible by a proper of the Company. An employee who is alleged to have committed a minor offence will not be assessed discipline without having been subject to the informal process as described above. The substance of the discussion shall be recorded on an incident report which shall contain the following information: DATE: LOCATION: EMPLOYEE’S NAME AND PIN: SUPERVISORS NAME AND PIN: BRIEF DESCRIPTION OF THE INCIDENT: EMPLOYEE’S REMARKS: CORRECTIVE ACTION: UNION REPRESENTATIVE: A copy of the incident report shall be given to the employee when action has been decided upon, and a copy may be placed on the employee’s file. In cases where the assessment of discipline is deemed warranted, the employee will be advised in writing within 21 fourteen (14) calendar days in accordance from the date the incident is reviewed with the Grievance Procedureemployee concerned. Such appeal shall set forth Should the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On requestemployee disagree with the discipline assessed at this stage, the designated National or Regional Representative employee so notified may initiate an appeal of the Union shall discipline in with the provisions of Step of the grievance procedure. Should the employee disagree with any of the reached by the Company during the informal process, the employee (or their duly authorized union representative) may, within fourteen (14) calendar days of receipt of notification of discipline, advise the proper officer of the Company that they require that a formal investigation be shown all evidence in held pursuant to this Agreement which will then be held without undue delay. In such instances the case. 24.4 incident report and the discipline assessed through the informal process will be considered null and void. Should an employee employees be exonerated he they shall be paid at his their regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he they shall, on production of receipts, be reimbursed reasonable expenses for travelling traveling to and from the investigation. 24.5 . Any complaint raised by an employee concerning employees the interpretation, application or alleged violation of this Agreement agreement shall be dealt with in the following manner; this shall also apply to an employee employees who believes believe that he has they have been unjustly dealt with. Step 1 : Within 21 fourteen (14) calendar days from cause of grievance, grievance the employee and/or the Local Chairperson, or his the authorized committeemancommittee member, must may present the grievance in writing to the immediate Supervisor who will give a decision within 21 fourteen (14) calendar days of receipt of grievance. Step 2 . Within 28 twentyeight (28) calendar days of receiving decision under Step 1, the Local Chairperson (Chairpersons or his designate) their designate of the Union may appeal in writing to the Regional Head of Designated Senior Functional Officers identified in the function or letter given to the Head of the function at System Headquarters, as appropriate. Union on March A decision will be rendered within 28 (28) calendar days of receiving appeal. Within forty-five (45) calendar days of receiving decision under Step the designated Representative of the Union may appeal to the designated Company officers identified in the letter given to the Union on March NOTE: Each will notify the other of any changes in designated A decision will be rendered within forty-five (45) calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreementcollective agreement, the statement shall identify the Article article and paragraph of the Article article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 1 contract

Samples: Employee and Family Assistance Program Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period will not be disciplined or discharged without a fair and impartial investigation. 24.2 Investigation in connection with alleged irregularities will be held as quickly as possible. 11.01 An employee may is entitled, prior to being discharged, to be held out of service for investigation (not exceeding three working days). He will be given notified at least 48 hours' notice in writing a meeting with management, of the investigation reasons for considering such action. The employee shall have the right to be accompanied by his or her grievance committee and notified or local union president or delegate, a member of the specific charges against him employee’s choice, and shall be advised in writing. Where possible, investigations will be held during advance by management of the employee's normal working hourstime and place of the meeting. The Local Chairperson employer shall receive give a copy minimum 48 hours notice of such notice. This the meeting, and the meeting shall not be construed unnecessarily delayed due to mean that union representative availability. Failure to conform with the requirements of this clause shall render the discharge null and void. 11.02 The Employer shall provide the employee and the Union with a proper officer written account or copy of any warning or adverse report affecting an employee. Any reply by the Corporation, who may employee shall become part of his or her record. The record of any disciplinary action shall not be on the ground when the cause for investigation occurs, referred to or used against an employee at any time after fifteen (15) months following such action. 11.03 An arbitrator or arbitration board shall be prevented from making an immediate investigation. An employee may, if he so desires, have the assistance of one power to modify a penalty imposed by the Employer; however, such a board or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall be furnished with a copy of his own statement, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee arbitrator will not be held out have the authority to amend or alter the terms and conditions of service pending the rendering of a decision, except in the case of a dismissible offencethis Agreement. 24.3 If a decision is considered unjust, an appeal may be made in writing within 21 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case. 24.4 Should 11.04 When an employee be exonerated is discharged, he or she shall be paid at his regular rate of all wages, including vacation pay for any time lost (one owed to him or her, on the regularly scheduled pay day for each 24 hours), less that period. From this amount shall be deducted any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling money owed by the employee to and from the investigationEmployer. 24.5 11.05 Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an Agreement, or any employee who believes that he or she has been unjustly dealt with, shall be handled in the following manner: Step 1: The employee and his/her Shop Xxxxxxx or any other member of the Bargaining Committee shall discuss the complaint with the Department Head within five (5) working days from the time the complaint arose. If the Department Head is unavailable or will not deal with the complaint, it will then be referred to the General Manager or his representative. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. Step 1 Within 21 calendar 2: If the complaint is not settled to the satisfaction of the employee within five (5) days from cause of grievanceafter the discussion at Step 1, the employee and/or matter will then be referred to the Local ChairpersonGeneral Manager, or his authorized committeemanrepresentative, must present within fourteen (14) days of the cause of complaint, in writing by the Union on behalf of the employee or employees affected. The General Xxxxxx, or his representative, will reply to the grievance in writing within seven (7) days. If a settlement is not reached in any of the above steps, the matter may then be referred to arbitration. When one party notifies the immediate Supervisor who other of its intention to seek resolution through arbitration, the parties will give a decision within 21 calendar days attempt to mutually agree on an arbitrator. Should they fail to reach agreement, an independent arbitrator may be appointed by the Minister of receipt Labour of grievancethe Province of Nova Scotia. Step 2 Within 28 calendar days 11.06 In the event of receiving decision under Step 1arbitration, each party shall pay half of the fees for the arbitrator(s) and process. the parties agree to an arbitration board, the Local Chairperson (or his designate) may appeal in writing to Company shall pay the Regional Head expenses of the function or Company nominee to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appealan arbitration board. The appeal shall include a written statement of Union will pay the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative expenses of the Union may appeal the decision nominee to the Department Director, Labour Relations and Human Resources Servicesan arbitration board. The appeal Union and the Company shall include equally pay the written statement expenses of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appealChairperson. 24.6 A 11.07 In cases of suspension or dismissal, the grievance concerning the discipline of an employee may be processed commencing with initiated at Step 2 of the grievance procedure within 21 calendar days procedure. 11.08 During any of the date the employee is notified steps of the disciplinegrievance procedure, the Union and/or its agents or representatives may meet with the Company and/or its agent or representative, to attempt to resolve the matter in dispute. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 11.09 The time limits provided under referred to in this Article may be extended by mutual agreement between the Corporation officer Company and the Union. 11.10 An employee who has not completed his probationary period may not have access to the grievance procedure. 11.11 If the Company has a complaint with respect to the Union representative at representatives or a complaint that the Union or any stepof its members has violated the provisions of this Agreement, the Company will submit each such complaint to the Union and it will be taken up in the same manner as a Union grievance. If such a complaint is not settled to the satisfaction of both parties, it may be referred to arbitration by the Company within five (5) days of the date of the last meeting between representatives of the Union and representatives of the Company.

Appears in 1 contract

Samples: Collective Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period (a) Discipline will be administered under the merit and demerit system. 24.2 Employees will not be disciplined held out of service for minor offences. Minor offences are defined as offences not involving suspension or discharged without dismissal. Should an employee be held out of service for such serious offence, he/she will continue to receive pay pending the complete investigation. Notice will be provided to the local chairperson. 24.3 Reports submitted by employees will be used for the assistance of company officers in determining and evaluating the facts of a particular situation. 24.4 Employees charged with having committed an offence will be granted a fair and impartial investigationhearing by the proper officer of the company. 24.2 Investigation 24.5 Hearings in connection with alleged irregularities major offences will be held as quickly as possible. An employee The purpose of such hearings shall be to establish and determine the actual facts upon which action may be held out of service for investigation taken as considered necessary by the company. (not exceeding three working days). He a) All evidence will be given made available to the authorized Local Union representatives at least 48 hours' notice the company office and in writing advance of the investigation and notified hearing if he/she so desires. (b) When charges of a major offence have been made against an employee, the company if requested to do so by the authorized Local Union representative will, if possible, arrange for a joint confidential interview of the specific charges against him complainant or other witnesses (after the hearing) by the authorized Local Union representative in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that company with a proper officer of the Corporationcompany. (c) Employees will be allowed to provide material witnesses or their written evidence, who and their statements may be written into the record of the hearing. 24.7 When employees are required to make formal statement on matter affecting the agreement, company working rules or compensation, a duly authorized union representative shall be present. When employees are required to make formal statements on matter not affecting the agreement., company working rules or compensation, the employee have fellow employee or an accredited representative of the union present. 24.8 A proper officer of the company, on the ground when the cause for investigation an incident occurs, shall may carry out an immediate 24.9 Employees or their accredited representative may request a deferment up to and including 72 hours from the original date set for the hearing. 24.10 When a request for deferment is made by employees or their representative, and employees fail to appear within 24 hours from the agreed date of deferment, unless prevented by bona fide illness or just cause, they will be prevented considered as having resigned without notice and their names will be dropped from making an immediate investigation. An employee may, if he so desires, the seniority list. 24.11 Dates and times set out in this Article may be changed due to a bona fide illness or other reason as may be mutually agreed upon. 24.12 Should employees who have been held out of service desire to defer their hearing of alleged charges against them until they may have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, a particular employee at the investigation. The employee being investigated shall be furnished with a copy hearing and they are exonerated of his own statementthe charges, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee they will not be paid for the additional time held out of service pending due to the rendering of a decision, except in the case of a dismissible offencedelay caused by their request. 24.3 24.13 Employees who have been called for a hearing will be furnished with copies of any statement taken at the hearing. 24.14 If a the decision is considered unjust, an appeal may be made in writing within 21 fourteen (14) calendar days in accordance with Article 24.16, Step 3. Should the Grievance Procedure. Such appeal shall set forth decision involve a suspension or dismissal, the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case.made in 24.4 24.15 Should an employee assigned employees be exonerated he they shall be paid at his their regular rate of pay for any time lost (one day for each 24 hours)service hours lost, less any amount earned in other employment. If away from home he shallSpare employees, on production of receiptsif exonerated, will be reimbursed reasonable expenses compensated for travelling to and 5.71 hours per calendar day during the period they were removed from the investigation.spare board, with a maximum of forty (40) hours in a seven 24.5 24.16 Any complaint raised by an employee employees concerning the interpretation, application or alleged violation of this Agreement or that they have been unjustly dealt with shall be dealt with handled in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with. Step 1 Within 21 calendar days from cause of grievance, the employee and/or the Local Chairperson, or his authorized committeeman, must present the grievance in writing to the immediate Supervisor who will give a decision within 21 calendar days of receipt of grievance. Step 2 Within 28 calendar days of receiving decision under : Step 1, the Local Chairperson (or his designate) may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudice. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline and Grievance Procedure. 24.1 An employeeEmployees, who has have completed his their probationary period period, will not be disciplined or discharged without a fair and impartial investigationhearing. 24.2 Investigation Investigations in connection with alleged irregularities will be held as quickly as possible. An employee Employees may be held out of service for investigation (not exceeding three working days). He They will be given at least 48 twenty-four (24) hours' notice in writing of the investigation and notified of the specific charges against him in writingthem. Where possible, investigations (A copy of the notice for an investigation will be held during given to the employee's normal working hours. The Local Chairperson shall receive a copy of such noticeChairperson). This shall not be construed to mean that a proper officer of the CorporationCompany, who may be on the ground when the cause for investigation occurs, shall be prevented from making an immediate investigation. An employee mayEmployees may only, if he they so desiresdesire, have the assistance at the investigation of one or two fellow employeesco-workers, Local which could include their local Chairperson or authorized Committee personcommittee members of the Brotherhood who are employees of the Company. Upon request, at the investigation. The employee employees being investigated shall be furnished with a copy of his their own statementstatements, if it is they are made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee Employees will not be held out of service pending the rendering of a decision, except in the case of a dismissible offence. 24.3 If a the decision is considered unjust, an appeal may be made in writing within 21 14 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative Vice-President of the Union Brotherhood shall be shown all evidence in the case. 24.4 Should an employee be exonerated he shall be paid at his regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with.: Step 1 Within 21 fourteen (14) calendar days from cause of grievance, grievance the employee and/or the Local Chairperson, or his the authorized committeemancommittee member, must may present the grievance in writing to the immediate Supervisor who will give a decision within 21 fourteen (14) calendar days of receipt of grievance. Step 2 Within 28 twenty-eight (28) calendar days of receiving decision under Step 1, an accredited representative of the Local Chairperson (or his designate) Brotherhood may appeal in writing to the Regional Head the: Superintendent of the function Function, (or to equivalent) Works Manager - Transcona and Pointe St. Xxxxxxx Xxxx Shops Manager - Purchases & Materials Rail Yard Supervisor - Rail Yards Operations Manager, Montreal - Work Equipment for the Head of the function at System HeadquartersAtlantic, as appropriateSt. Xxxxxxxx and Great Lakes Regions. A decision will be rendered within 28 twenty-eight (28) calendar days of receiving appeal. Step 3 Within forty-five (45) calendar days of receiving decision under Step 2, the Regional Vice-President of the Brotherhood may appeal to the: Regional Vice-President of the Company General Works Manager - Main Shops Vice-President - Purchases & Stores Chief Engineer - Rail Yards Chief Engineer - Work Equipment for the Atlantic, St. Xxxxxxxx and Great Lakes Regions System Manager Freight Claims Services - Freight Claims Settlement Office - Regional. A decision will be rendered within forty-five (45) calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreementcollective agreement, the statement shall identify the Article article and paragraph of the Article article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 14 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any a grievance other than one based on a claim for unpaid wages is not progressed by the Union Brotherhood within the prescribed time limits, limits the grievance will be considered to have been dropped without precedent or prejudicedropped. Where a decision with respect to such a grievance is not rendered by the appropriate officer of the Company within the prescribed time limits the grievance will be processed to the next step in the grievance procedure. 24.9 When a written grievance based on a claim for unpaid wages is not progressed by the Brotherhood within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Corporation Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid, but . The application of this will rule shall not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure. 24.9 24.10 The time limits as provided under this Article article may be extended by mutual agreement between the Corporation Company officer and Union Brotherhood representative at any step.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Discipline and Grievance Procedure. 24.1 An employee, who has completed his probationary period will not be disciplined or discharged without a fair and impartial investigation. 24.2 Investigation in connection with alleged irregularities will be held as quickly as possible. An employee may be held out of service for investigation (not exceeding three working days). He will be given at least 48 hours' notice in writing of the investigation and notified of the specific charges against him in writing. Where possible, investigations will be held during the employee's normal working hours. The Local Chairperson shall receive a copy of such notice. This shall not be construed to mean that a proper officer of the Corporation, who may be on the ground when the cause for investigation occurs, shall be prevented from making an immediate investigation. An employee may, if he so desires, have the assistance of one or two fellow employees, Local Chairperson or authorized Committee person, at the investigation. The employee being investigated shall be furnished with a copy of his own statement, if it is made a matter of record at the investigation. The decision will be rendered within 21 calendar days from the date the statement is taken from the employee being investigated. No discipline will apply if discipline is not assessed within 21 days from the date the statement is taken. An employee will not be held out of service pending the rendering of a decision, except in the case of a dismissible dismissable offence. 24.3 If a decision is considered unjust, an appeal may be made in writing within 21 calendar days in accordance with the Grievance Procedure. Such appeal shall set forth the grounds upon which it is made. The hearing on appeal shall be granted and a decision rendered as quickly as possible. On request, the designated National or Regional Representative of the Union shall be shown all evidence in the case.within 24.4 Should an employee be exonerated he shall be paid at his regular rate of pay for any time lost (one day for each 24 hours), less any amount earned in other employment. If away from home he shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. 24.5 Any complaint raised by an employee concerning the interpretation, application or alleged violation of this Agreement shall be dealt with in the following manner; this shall also apply to an employee who believes that he has been unjustly dealt with. Step 1 Within 21 calendar days from cause of grievance, the employee and/or the Local Chairperson, or his authorized committeeman, must present the grievance in writing to the immediate Supervisor who will give a decision within 21 calendar days of receipt of grievance. Step 2 Within 28 calendar days of receiving decision under Step 1, the Local Chairperson (or his designate) may appeal in writing to the Regional Head of the function or to the Head of the function at System Headquarters, as appropriate. A decision will be rendered within 28 calendar days of receiving appeal. The appeal shall include a written statement of the grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. Step 3 Within 60 calendar days of receiving decision under Step 2, the designated National or Regional Representative of the Union may appeal the decision to the Department Director, Labour Relations and Human Resources Services. The appeal shall include the written statement of the grievance which was presented at Step 2. A decision will be rendered within 60 calendar days of receiving the appeal. 24.6 A grievance concerning the discipline of an employee may be processed commencing with Step 2 of the grievance procedure within 21 calendar days of the date the employee is notified of the discipline. 24.7 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date that such grievance was submitted at Step 1 of the Grievance Procedure. 24.8 Where any grievance is not progressed by the Union within the prescribed time limits, the grievance will be considered to have been dropped without precedent or prejudicedropped. When the appropriate officer of the Corporation fails to render a decision with respect to a claim for unpaid wages within the prescribed time limits, the claim will be paid, but this will not constitute an interpretation of the Collective Agreement. Where a decision with respect to a grievance other than one based on a claim for unpaid wages is not rendered by the appropriate officer of the Corporation within the prescribed time limits, it will be processed to the next step in the Grievance Procedure.one 24.9 The time limits provided under this Article may be extended by agreement between the Corporation officer and Union representative at any step.

Appears in 1 contract

Samples: Collective Agreement

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