Common use of Disputes and Appeals Clause in Contracts

Disputes and Appeals. If an employee of the Union alleges a violation of this Agreement, then the employee shall inform the appropriate Master or Terminal Supervisor as well as their Local Union Representative not later than five (5) days after the incident of the basis of the grievance, but the Union shall such level of management as is appropriate in the circumstances. First Step if the disposition by the appropriate Master or the appropriate Terminal Supervisor is not acceptable the Local Representative, with or without the aggrieved employee, shall meet within three (3) days with the appropriate Master or Terminal Supervisor. The National Representativemay be present at all steps referred to in this Article is so desired by the Union. If the Union is not satisfied with the disposition of the grievance by the Company, the mater in dispute may be submitted to arbitration in accordance with the provision of the following article. Meetings of the Company and Union Representatives to discuss a grievance will be held at a time suitable to the operation of the business by arrangement between the appropriate Master or Supervisor and the Local Union Representative. The time limits specified herein shall be deemed to apply to appropriate days and may be extended by mutual consent of the parties. The Company or the Union may refer any complaint or question it may have regarding the administration, interpretation or violation of this Agreement to the other party for clarification. If such matters are not settled to the mutual satisfaction of both parties, either party may refer the matter to arbitration. Any grievance or other matter in dispute between the Company and the Union involving the interpretation, application, operation or alleged violation of any article of this Agreement may, in the event of failure to reach agreement therein, be referred to arbitration, A single Arbitrator shall be selected and act as hereinafter provided. Within fourteen (14) days of the last step in the Grievance Procedure as outlined in Article above, the party desiring to submit a matter to arbitration shall deliver to the other party a notice of to Arbitrate. This notice shall state the matter at issue and shall state in respect the Agreement has been violated or misinterpreted. The notice shall also stipulate the nature of the relief or remedy sought. Within ten (10) days after the date of delivery of the foregoing notice, the party initiating arbitration shall notify the other party of the name of the suggested Arbitrator. The other party must advise of their agreement or disagreement of the selected Arbitrator within ten (10) days of receipt of this notification. In the vent that the parties fail to agree on the appointment of an Arbitrator, the Minister of Labour of the province shall be requested to appoint an Arbitrator. After the Arbitrator has been selected, shall meet with the parties and hear the evidence of both parties and render a decision within twenty-one (21) days after the completion of taking evidence. The time limits specified herein shall be deemed to apply to appropriate days, and may be extended by mutual consent of the parties but in any case, time limits breached by either shall not be used as a technical argument to prevent the Arbitrator from deciding the case on its merits. The decision of the Arbitrator shall be and binding on both parties providing he does not subtract alter or amend this Agreement in respect. The Arbitrator shall, however, have the authority to modify or substitute any penalty imposed by the Company. Each party shall pay its own costs and the fees and expenses of witnesses called by it and of its representatives. The fees and expenses of the Arbitrator shall be shared equally between the parties. At the start of the arbitration, with both parties agreeing to proceed to arbitration, no technical objection will be presented to either party to stop proceedings. Engineer Officers and Electricians required by the Company to wear shall be furnished, free of charge: One (1) uniform jacket every four (4) years or one (1) multi-climate bomber jacket every three (3) years and two (2) pair of pants every year. Two (2) sets of coveralls each year for all personnel either lightweight or heavyweight. One (1) uniform cap with badge every four years. One (1) baseball type cap every year. Three (3) white shirts and two (2) every year. One (1) pair of regulation epaulets for each position served every three (3) years for wear with the white shirts in above. Two (2) coats per vessel every three (3) years (to be stencilled). Seasonal (not established) who served three or more months the previous season: Two (2) shirts and one (1) pair of pants every year. One (1) pair of epaulets every three years. One (1) set of coveralls every year (not entitled if received under Unlicensed Agreement). Engineers and to be supplied with a winter parka when on winter watch. In order to expedite delivery of uniforms, measurements will be taken in the fall of the year before the issue is to be made. The Company will notify the local Chairman of the name of the supplier.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Disputes and Appeals. If an employee of the Union alleges a violation of 5.01 Notwithstanding anything contained in this Agreement, then the Company may at any time suspend without pay, dismiss or demote any employee and shall forthwith upon such suspension, dismissal or demotion, give to the employee shall inform so suspended, dismissed or demoted, a notice in writing stating the appropriate Master cause of such suspension, dismissal or Terminal Supervisor as well as their Local Union Representative not later than five (5) days after demotion. When a dispute arises concerning the incident of the basis of the grievanceapplication, but the Union shall such level of management as is appropriate in the circumstances. First Step if the disposition by the appropriate Master or the appropriate Terminal Supervisor is not acceptable the Local Representative, with or without the aggrieved employee, shall meet within three (3) days with the appropriate Master or Terminal Supervisor. The National Representativemay be present at all steps referred to in this Article is so desired by the Union. If the Union is not satisfied with the disposition of the grievance by the Company, the mater in dispute may be submitted to arbitration in accordance with the provision of the following article. Meetings of the Company and Union Representatives to discuss a grievance will be held at a time suitable to the operation of the business by arrangement between the appropriate Master or Supervisor and the Local Union Representative. The time limits specified herein shall be deemed to apply to appropriate days and may be extended by mutual consent of the parties. The Company or the Union may refer any complaint or question it may have regarding the administration, interpretation or violation of this Agreement to the other party for clarification. If such matters are not settled to the mutual satisfaction of both parties, either party may refer the matter to arbitration. Any grievance or other matter in dispute between the Company and the Union involving the interpretation, application, operation administration or alleged violation of the provision to this agreement, it shall be dealt with by the following grievance procedure. (a) An employee and/or his/her delegate shall within (12) business days present a written grievance to his/her Master. Should the grievor be a shore-based employee, the grievance shall be dated and signed by the grievor or delegate on the prescribed Union form. The disputed clause of the Agreement shall be clearly designated and the grievor must indicate redress expected. In any article event, after presentation of the grievance the Master or designated supervisor for shore-based personnel will have (9) business days to reply to the said grievor. (b) Failing to resolve differences at this Agreement level, the grievor/delegate may, in within twelve (12) business days, request the event of failure designated Company Officer to reach agreement therein, be referred meet with the employee/delegate at a mutually agreed place and time to arbitration, A single Arbitrator shall be selected and act as hereinafter provided. Within fourteen (14) days of further consider the last step in the Grievance Procedure as outlined in Article above, the party desiring to submit a matter to arbitration shall deliver to the other party a notice of to Arbitrate. This notice shall state the matter at issue and shall state in respect the Agreement has been violated or misinterpreted. The notice shall also stipulate the nature of the relief or remedy soughtalleged differences. Within ten (10) days after of this hearing, the date of delivery designated Company Officer will advise the grievor/delegate of the foregoing notice, the party initiating arbitration shall notify the other party of the name of the suggested Arbitratordecision. The other party must advise of their agreement or disagreement of the selected Arbitrator within Union shall have ten (10) days to appeal the decision reached by the designated Company Officer. Non-observance of receipt the time limit stated in this clause will be considered as an intention to abandon the grievance. (c) If no satisfactory resolutions of the differences have been obtained by procedures set out in this notificationArticle, the Union may request a further hearing by a sole arbitrator. In Should the vent that union and the parties fail Company be unable to agree on the appointment of an Arbitratora sole arbitrator, the Minister of Labour of the province shall be requested to appoint an Arbitratorthe arbitratar. After Upon written notice from the Arbitrator has been selectedUnion of its intention to proceed to arbitration, the Company shall meet with the parties and hear the evidence of both parties and render a decision respond within twenty-one thirty (2130) days after of its position in respect to the completion of taking evidence. The time limits specified herein shall be deemed to apply to appropriate days, and may be extended by mutual consent of the parties but in any case, time limits breached by either shall not be used as a technical argument to prevent the Arbitrator from deciding the case on its meritsnominated arbitrators. The decision of by the Arbitrator shall be arbitrator is final and binding on both parties providing he does to the Collective Agreement. Subject to mutual agreement by both parties, an arbitration committee shall be made of three members; one union appointee, one company appointee and one third member acceptable to both parties, who shall be the chairperson. (d) Subject to mutual agreements by both parties a sole arbitrator may be appointed. 5.02 Should an employee be exonerated, he/she shall be paid at schedule rates for time lost, if any, (one day for each twenty-four hours) less any amount earned in other employment, and if away from home shall, on production of receipts, be reimbursed reasonable expenses for traveling to and from the investigation. 5.03 The settlement of a dispute shall not subtract alter under any circumstances, involve retroactive pay beyond a period of thirty (30) days prior to the date that such grievance was submitted in writing by the employee or amend this Agreement in respectrepresentative. 5.04 Each member of the arbitration committee shall be paid his/her remuneration expenses by the party appointing him/her. The Arbitrator shall, however, have the authority to modify or substitute any penalty imposed by the Company. Each party shall pay its own costs and the fees and expenses of witnesses called by it and of its representatives. The fees remuneration and expenses of the Arbitrator chairperson of the arbitration committee shall be shared equally between the parties. At parties to the start reference of the arbitration, with both parties agreeing to proceed to arbitration, no technical objection will be presented to either party to stop proceedings. Engineer Officers and Electricians required by the Company to wear shall be furnished, free of charge: One (1) uniform jacket every four (4) years or one (1) multi-climate bomber jacket every three (3) years and two (2) pair of pants every year. Two (2) sets of coveralls each year for all personnel either lightweight or heavyweight. One (1) uniform cap with badge every four years. One (1) baseball type cap every year. Three (3) white shirts and two (2) every year. One (1) pair of regulation epaulets for each position served every three (3) years for wear with the white shirts in above. Two (2) coats per vessel every three (3) years (to be stencilled). Seasonal (not established) who served three or more months the previous season: Two (2) shirts and one (1) pair of pants every year. One (1) pair of epaulets every three years. One (1) set of coveralls every year (not entitled if received under Unlicensed Agreement). Engineers and to be supplied with a winter parka when on winter watch. In order to expedite delivery of uniforms, measurements will be taken in the fall of the year before the issue is to be made. The Company will notify the local Chairman of the name of the suppliersuch committee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disputes and Appeals. If an Notwithstanding anything contained in this Agreement, the Company may at any time suspend without pay, dismiss or demote any employee and shall forthwith upon such suspension, dismissal or demotion, give to the employee so suspended, dismissed or demoted, a notice in writing stating the cause of such suspension, dismissal or demotion. When a dispute arises concerning the application, interpretation, administration or alleged violation of the Union alleges a violation provision of this Agreement, then it shall be dealt with by the following grievance procedure. An employee and/or his delegate shall inform within hours present a written grievance to Master. Should the appropriate Master griever be a shore-based employee, the grievance will be presented to the Company officer designated by supervisors. Grievances shall be dated and signed by the griever or Terminal Supervisor as well as their Local delegate on the prescribed Union Representative not later than five (5) days after the incident form. The disputed clause of the basis of Agreement shall be clearly designated and the grievancegriever must indicate redress expected. In any event, but the Union shall such level of management as is appropriate in the circumstances. First Step if the disposition by the appropriate Master or the appropriate Terminal Supervisor is not acceptable the Local Representative, with or without the aggrieved employee, shall meet within three (3) days with the appropriate Master or Terminal Supervisor. The National Representativemay be present at all steps referred to in this Article is so desired by the Union. If the Union is not satisfied with the disposition after presentation of the grievance the Master or designated supervisor for shore-based personnel will have hours to reply to the said griever. Failing to resolve differences at this level, the may, within seventy-two (72) hours request a Company Designated Officer to meet with the at a mutually agreed place and time to further consider the alleged differences. Within ten days of this hearing, the Company Designated Officer will advise the delegate/ of decision. The Union shall have ten days to appeal the decision reached by the Company, the mater in dispute may be submitted to arbitration in accordance with the provision Company Designated Officer. Non-observance of the following articletime limit stated in this clause will be considered as an intention to abandon the grievance. Meetings If no satisfactory resolution of the Company and Union Representatives to discuss a grievance will be held at a time suitable to differences have been obtained by the operation of the business by arrangement between the appropriate Master or Supervisor and the Local Union Representative. The time limits specified herein shall be deemed to apply to appropriate days and may be extended by mutual consent of the parties. The Company or procedure set out in this Article, the Union may refer any complaint or question it may have regarding request a further hearing by a sole arbitrator. Should the administration, interpretation or violation of this Agreement to the other party for clarification. If such matters are not settled to the mutual satisfaction of both parties, either party may refer the matter to arbitration. Any grievance or other matter in dispute between the Company union and the Union involving the interpretation, application, operation or alleged violation of any article of this Agreement may, in the event of failure to reach agreement therein, company be referred to arbitration, A single Arbitrator shall be selected and act as hereinafter provided. Within fourteen (14) days of the last step in the Grievance Procedure as outlined in Article above, the party desiring to submit a matter to arbitration shall deliver to the other party a notice of to Arbitrate. This notice shall state the matter at issue and shall state in respect the Agreement has been violated or misinterpreted. The notice shall also stipulate the nature of the relief or remedy sought. Within ten (10) days after the date of delivery of the foregoing notice, the party initiating arbitration shall notify the other party of the name of the suggested Arbitrator. The other party must advise of their agreement or disagreement of the selected Arbitrator within ten (10) days of receipt of this notification. In the vent that the parties fail unable to agree on the appointment of an Arbitratora sole arbitrator, the Minister of Labour of the province shall be requested to appoint an Arbitratorthe arbitrator. After Upon written notice from the Arbitrator has been selectedUnion of its intention to proceed to arbitration, the company shall meet with the parties and hear the evidence of both parties and render a decision respond within twenty-one thirty (2130) days after the completion of taking evidence. The time limits specified herein shall be deemed its position in respect to apply to appropriate days, and may be extended by mutual consent of the parties but in any case, time limits breached by either shall not be used as a technical argument to prevent the Arbitrator from deciding the case on its meritsnominated arbitrators. The decision of by the Arbitrator shall be arbitrator is final and binding on both parties providing to the Collective Agreement. Subject to mutual agreement by both parties, an arbitration committee shall be made of three members. One union appointee, one company appointee and one third member acceptable to both parties, who shall be the chairperson. Should an employee be exonerated, he does not subtract alter or amend this Agreement shall be paid at schedule rates for time lost, if any, (one day for each twenty-four hours) less any amount earned in respectother employment, and if away from home shall, on production of receipts, be reimbursed reasonable expenses for travelling to and from the investigation. The Arbitrator shall, however, have settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of thirty (30) days prior to the authority to modify or substitute any penalty imposed date that such grievance was submitted in writing by the Companyemployee or his representative. Each member of the Arbitration Committee shall be paid remuneration expenses by the party shall pay its own costs and the fees and expenses of witnesses called by it and of its representativesappointing him. The fees remuneration and expenses of the Arbitrator Chairman of the Arbitration Committee shall be shared equally equal between the parties. At parties to the start reference of the arbitration, with both parties agreeing to proceed to arbitration, no technical objection will be presented to either party to stop proceedings. Engineer Officers and Electricians required by the Company to wear shall be furnished, free of charge: One (1) uniform jacket every four (4) years or one (1) multi-climate bomber jacket every three (3) years and two (2) pair of pants every year. Two (2) sets of coveralls each year for all personnel either lightweight or heavyweight. One (1) uniform cap with badge every four years. One (1) baseball type cap every year. Three (3) white shirts and two (2) every year. One (1) pair of regulation epaulets for each position served every three (3) years for wear with the white shirts in above. Two (2) coats per vessel every three (3) years (to be stencilled). Seasonal (not established) who served three or more months the previous season: Two (2) shirts and one (1) pair of pants every year. One (1) pair of epaulets every three years. One (1) set of coveralls every year (not entitled if received under Unlicensed Agreement). Engineers and to be supplied with a winter parka when on winter watch. In order to expedite delivery of uniforms, measurements will be taken in the fall of the year before the issue is to be made. The Company will notify the local Chairman of the name of the suppliersuch Committee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disputes and Appeals. If an employee of the Union alleges a violation of Notwithstanding contained in this Agreement, then the Company may at any time suspend without pay, dismiss or demote any employee and shall forthwith upon such suspension, dismissal or demotion, give to the employee shall inform so suspended, dismissed or demoted, a notice in writing stating the appropriate Master cause of such suspension, dismissal or Terminal Supervisor as well as their Local Union Representative not later than five (5) days after demotion. When a dispute arises concerning the incident of the basis of the grievanceapplication, but the Union shall such level of management as is appropriate in the circumstances. First Step if the disposition by the appropriate Master or the appropriate Terminal Supervisor is not acceptable the Local Representative, with or without the aggrieved employee, shall meet within three (3) days with the appropriate Master or Terminal Supervisor. The National Representativemay be present at all steps referred to in this Article is so desired by the Union. If the Union is not satisfied with the disposition of the grievance by the Company, the mater in dispute may be submitted to arbitration in accordance with the provision of the following article. Meetings of the Company and Union Representatives to discuss a grievance will be held at a time suitable to the operation of the business by arrangement between the appropriate Master or Supervisor and the Local Union Representative. The time limits specified herein shall be deemed to apply to appropriate days and may be extended by mutual consent of the parties. The Company or the Union may refer any complaint or question it may have regarding the administration, interpretation or violation of this Agreement to the other party for clarification. If such matters are not settled to the mutual satisfaction of both parties, either party may refer the matter to arbitration. Any grievance or other matter in dispute between the Company and the Union involving the interpretation, application, operation administration or alleged violation of the provision to this agreement, it shall be dealt with by the following grievance procedure. An employee his delegate shall within business days present a written grievanceto Master. Should the be a shore-based employee, the grievance shall be dated and signed by the or delegate on the prescribed Union form. The disputed clause of the Agreement shall be clearly designated and the must indicate redress expected. In any article event, after presentation of the grievance the Master or designated supervisor for shore-based personnel will have business days to reply to the said Failing to resolve differences at this level, the may, within business days, request the designated Company to meet with the at a mutually agreed place and time to consider the alleged differences. ten days of this Agreement may, in the event of failure to reach agreement therein, be referred to arbitration, A single Arbitrator shall be selected and act as hereinafter provided. Within fourteen (14) days of the last step in the Grievance Procedure as outlined in Article abovehearing, the party desiring to submit a matter to arbitration shall deliver to designated Company will advise the other party a notice of to Arbitrate. This notice shall state the matter at issue and shall state in respect the Agreement has been violated or misinterpretedhis decision. The notice Union shall also stipulate the nature of the relief or remedy sought. Within have ten (10) days after to appeal the date of delivery decision reached by the designated Company Officer. Non-observance of the foregoing noticetime limit stated in this clause will be considered as an intention to abandon the grievance. If no satisfactoryresolutions of the differences have been obtained by procedures set out in this Article, the party initiating arbitration shall notify Union may request a hearing by a sole arbitrator. Should the other party of union and the name of the suggested Arbitrator. The other party must advise of their agreement or disagreement of the selected Arbitrator within ten (10) days of receipt of this notification. In the vent that the parties fail company be unable to agree on the appointment of an Arbitratora sole arbitrator, the Minister of Labour of the province shall be requested to appoint an Arbitratorthe arbitrator. After Upon written notice from the Arbitrator has been selectedUnion of its intention to proceed to arbitration, the company shall meet with the parties and hear the evidence of both parties and render a decision respond within twenty-one thirty (2130) days after of its position in respect to the completion of taking evidence. The time limits specified herein shall be deemed to apply to appropriate days, and may be extended by mutual consent of the parties but in any case, time limits breached by either shall not be used as a technical argument to prevent the Arbitrator from deciding the case on its meritsnominated arbitrators. The decision of by the Arbitrator shall be arbitrator is final and binding on both parties providing to the Collective Agreement. Subject to mutual agreement by both parties, an arbitration committee shall be made of three members. One union appointee, one company appointee and one third member acceptable to both parties, who shall be the chairperson. Subject to mutual agreements by both parties a sole arbitrator may be appointed. Should an employee be exonerated, he does not subtract alter or amend this Agreement shall be paid at schedule rates for time lost, if any, (one day for each twenty-four hours) less any amount earned in respectother employment, and if away from home shall, on production of receipts, be reimbursed reasonable expenses for traveling to and fi-om the investigation. The Arbitrator shallsettlement of a dispute shall not under any circumstances, however, have involve retroactive pay beyond a period of thirty (30) days prior to the authority to modify or substitute any penalty imposed date that such grievance was submitted in writing by the Companyemployee or his representative. Each member of the arbitration committee shall be paid remuneration expenses by the party shall pay its own costs and the fees and expenses of witnesses called by it and of its representatives. appointing The fees remuneration and expenses of the Arbitrator chairperson of the chairperson of the arbitration committee shall be shared equally between the parties. At parties to the start reference of the arbitration, with both parties agreeing to proceed to arbitration, no technical objection will be presented to either party to stop proceedings. such committee. (a) Engineer Officers Electricians and Electricians required by the Company to wear Passenger Service shall be furnished, free of charge: One (1) uniform jacket every four (4) years or one (1) multi-climate bomber jacket every three (3) years and two (2) pair of pants every year. Two (2) sets of coveralls each year for all personnel either lightweight or heavyweight. One (1) uniform cap with badge every four years. One (1) baseball type cap every year. Three (3) white shirts and two (2) every year. One (1) pair of regulation epaulets for each position served every three (3) years for wear with the white shirts in above. Two (2) coats per vessel every three (3) years (to be stencilled). Seasonal (not established) who served three or more months the previous season: Two (2) shirts and one (1) pair of pants every year. One (1) pair of epaulets every three years. One (1) set of coveralls every year (not entitled if received under Unlicensed Agreement). Engineers and to be supplied with a winter parka when on winter watch. In order to expedite delivery of uniforms, measurements will be taken in the fall of the year before the issue is to be made. The Company will notify the local Chairman of the name of the supplier.following clothing:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disputes and Appeals. If an employee of the Union alleges a violation of Notwithstanding anything contained in this Agreement, then the Company may at any time suspend without pay, dismiss or demote any employee and shall forthwith upon such suspension, dismissal or demotion, give to the employee shall inform so suspended, dismissed or demoted, a notice in writing stating the appropriate Master cause of such suspension, dismissal or Terminal Supervisor as well as their Local Union Representative not later than five (5) days after demotion. When a dispute arises concerning the incident application, interpretation, administration, or alleged Violation of the basis provision of this agreement, it shall be dealt with by the following grievance procedure: An employee his delegate shall within business days present a written grievance to Master. Should the griever be a shore based employee, the grievance will be presented to the Company designated by supervisors. Grievances shall be dated and signed by the griever or delegate the prescribed union form. The disputed clause of the grievanceAgreement shall be clearly designated and the griever must indicate redress expected. In any event, but the Union shall such level of management as is appropriate in the circumstances. First Step if the disposition by the appropriate Master or the appropriate Terminal Supervisor is not acceptable the Local Representative, with or without the aggrieved employee, shall meet within three (3) days with the appropriate Master or Terminal Supervisor. The National Representativemay be present at all steps referred to in this Article is so desired by the Union. If the Union is not satisfied with the disposition after presentation of the grievance the Master or designated supervisor for shore based personnel will have business days to reply to the said griever. Failing to resolve differences at this level, the within business days request the General Manager to meet with the at a mutually agreed place and time to consider the alleged differences. Within ten days of this the General Manager will advise the of his decision. The Union shall have ten days to appeal the decisions reached by the Company, the mater in dispute may be submitted to arbitration in accordance with the provision General Manager. Non-observance of the following articletime limit stated in this clause will be considered as an intention to abandon the grievance. Meetings If no satisfactory resolution of the Company and Union Representatives to discuss a grievance will be held at a time suitable to the operation of the business differences have been obtained by arrangement between the appropriate Master or Supervisor and the Local Union Representative. The time limits specified herein shall be deemed to apply to appropriate days and may be extended by mutual consent of the parties. The Company or procedures set out in this article, the Union may refer any complaint or question it may have regarding the administrationrequest a further hearing by an arbitration Committee as set out hereunder. The Arbitration Committee shall be made up of three members. One union appointee, interpretation or violation of this Agreement one Company appointee and a third member, acceptable to the other party for clarification. If such matters are not settled to the mutual satisfaction of both parties, either party may refer the matter to arbitration. Any grievance or other matter in dispute between the Company and the Union involving the interpretation, application, operation or alleged violation of any article of this Agreement may, in the event of failure to reach agreement therein, be referred to arbitration, A single Arbitrator who shall be selected the chairperson. Should the union and act as hereinafter provided. Within fourteen (14) days of the last step in the Grievance Procedure as outlined in Article above, the party desiring to submit a matter to arbitration shall deliver to the other party a notice of to Arbitrate. This notice shall state the matter at issue and shall state in respect the Agreement has been violated or misinterpreted. The notice shall also stipulate the nature of the relief or remedy sought. Within ten (10) days after the date of delivery of the foregoing notice, the party initiating arbitration shall notify the other party of the name of the suggested Arbitrator. The other party must advise of their agreement or disagreement of the selected Arbitrator within ten (10) days of receipt of this notification. In the vent that the parties fail to agree on the appointment of an Arbitrator, the Minister of Labour of the province shall be requested to appoint an Arbitratora Chairperson. After the Arbitrator has been selected, shall meet with the parties and hear the evidence of both parties and render a decision within twenty-one (21) days after the completion of taking evidence. The time limits specified herein shall be deemed to apply to appropriate days, and may be extended by mutual consent of the parties but in any case, time limits breached by either shall not be used as a technical argument to prevent the Arbitrator from deciding the case on its merits. The A majority decision of the Arbitrator shall be this Arbitration Committee is final and binding on both parties providing to the Agreement. Subject to mutual agreement by both parties a sole arbitrator may be appointed. Should an employee be exonerated, he does not subtract alter or amend this Agreement shall be paid at schedule rates for time lost, if any, (one day for each twenty-four hours) less any amount earned in respectother employment, and if away home shall, on production of receipts, be reimbursed reasonable expenses for to and the investigation. The Arbitrator shall, however, have settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of thirty (30) days prior to the authority to modify or substitute any penalty imposed date that such grievance was submitted in writing by the Companyemployee or his representative. Each member of the Arbitration Committee shall be paid remuneration expenses by the party shall pay its own costs and the fees and expenses of witnesses called by it and of its representativesappointing him. The fees remuneration and expenses of the Arbitrator Chairman of the Arbitration committee shall be shared equally equal between the parties. At parties to the start reference of the arbitration, with both parties agreeing to proceed to arbitration, no technical objection will be presented to either party to stop proceedings. Engineer Officers and Electricians required by the Company to wear shall be furnished, free of charge: One (1) uniform jacket every four (4) years or one (1) multi-climate bomber jacket every three (3) years and two (2) pair of pants every year. Two (2) sets of coveralls each year for all personnel either lightweight or heavyweight. One (1) uniform cap with badge every four years. One (1) baseball type cap every year. Three (3) white shirts and two (2) every year. One (1) pair of regulation epaulets for each position served every three (3) years for wear with the white shirts in above. Two (2) coats per vessel every three (3) years (to be stencilled). Seasonal (not established) who served three or more months the previous season: Two (2) shirts and one (1) pair of pants every year. One (1) pair of epaulets every three years. One (1) set of coveralls every year (not entitled if received under Unlicensed Agreement). Engineers and to be supplied with a winter parka when on winter watch. In order to expedite delivery of uniforms, measurements will be taken in the fall of the year before the issue is to be made. The Company will notify the local Chairman of the name of the suppliersuch Committee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Disputes and Appeals. 5.01 If an employee of the Union alleges a violation of this Agreement, then the employee shall inform the appropriate Master or Terminal Supervisor as well as their Local Union Representative not later than five (5) working days after the incident of the basis of the grievance, but the Union shall inform such level of management as is appropriate in the circumstances. First Step - if the disposition by the appropriate Master or the appropriate Terminal Supervisor is not acceptable the Local Representative, with or without the aggrieved employee, shall meet within three (3) working days with the appropriate Master or Terminal Supervisor. . 5.02 The National Representativemay Representative may be present at all steps referred to in this Article is so desired by the Union. . 5.03 If the Union is not satisfied with the disposition of the grievance by the Company, the mater in dispute may be submitted to arbitration in accordance with the provision of the following article. . 5.04 Meetings of the ofthe Company and Union Representatives to discuss a grievance will be held at a time suitable to the operation of the business by arrangement between the appropriate Master or Terminal Supervisor and the Local Union Representative. . 5.05 The time limits specified herein shall be deemed to apply to appropriate working days and may be extended by mutual consent of the parties. . 5.06 The Company or the Union may refer any complaint or question it may have regarding the administration, interpretation or violation of this Agreement to the other party for clarification. If such matters are not settled to the mutual satisfaction of both parties, either party may refer the matter to arbitration. Arbitration 5.07 Any grievance or other matter in dispute between the Company and the Union involving the interpretation, application, operation or alleged violation of any article of this Agreement may, in the event of failure to reach agreement therein, be referred refered to arbitration, . A single Arbitrator shall be selected and act as hereinafter provided. . 5.08 Within fourteen (14) days of the last step in the Grievance Procedure as outlined in Article 7 above, the party desiring to submit a matter to arbitration shall deliver to the other party a notice of Intention to Arbitrate. This notice shall state the matter at issue and shall state in what respect the Agreement has been violated or misinterpreted. The notice shall also stipulate the nature of the relief or remedy sought. Within ten (10) days after the date of delivery of the foregoing notice, the party initiating arbitration shall notify the other party of the name of the suggested Arbitrator. The other party must advise of their agreement or disagreement of the selected Arbitrator within ten (10) days of receipt of this notification. In the vent that the parties fail to agree on the appointment of an Arbitrator, the Minister of Labour of the province shall be requested to appoint an Arbitrator. After the Arbitrator has been selected, shall meet with the parties and hear the evidence of both parties and render a decision within twenty-one (21) days after the completion of taking evidence. The time limits specified herein shall be deemed to apply to appropriate days, and may be extended by mutual consent of the parties but in any case, time limits breached by either shall not be used as a technical argument to prevent the Arbitrator from deciding the case on its merits. The decision of the Arbitrator shall be and binding on both parties providing he does not subtract alter or amend this Agreement in respect. The Arbitrator shall, however, have the authority to modify or substitute any penalty imposed by the Company. Each party shall pay its own costs and the fees and expenses of witnesses called by it and of its representatives. The fees and expenses of the Arbitrator shall be shared equally between the parties. At the start of the arbitration, with both parties agreeing to proceed to arbitration, no technical objection will be presented to either party to stop proceedings. Engineer Officers and Electricians required by the Company to wear shall be furnished, free of charge: One (1) uniform jacket every four (4) years or one (1) multi-climate bomber jacket every three (3) years and two (2) pair of pants every year. Two (2) sets of coveralls each year for all personnel either lightweight or heavyweight. One (1) uniform cap with badge every four years. One (1) baseball type cap every year. Three (3) white shirts and two (2) every year. One (1) pair of regulation epaulets for each position served every three (3) years for wear with the white shirts in above. Two (2) coats per vessel every three (3) years (to be stencilled). Seasonal (not established) who served three or more months the previous season: Two (2) shirts and one (1) pair of pants every year. One (1) pair of epaulets every three years. One (1) set of coveralls every year (not entitled if received under Unlicensed Agreement). Engineers and to be supplied with a winter parka when on winter watch. In order to expedite delivery of uniforms, measurements will be taken in the fall of the year before the issue is to be made. The Company will notify the local Chairman of the name of the supplier.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disputes and Appeals. If an employee of the Union alleges a violation of this Agreement, then the employee shall inform the appropriate Master or Terminal Supervisor as well as their Local Union Representative not later than five (5) working days after the incident of the basis of the grievance, but the Union shall inform such level of management as is appropriate in the circumstances. First Step if the disposition by the appropriate Master or the appropriate Terminal Supervisor is not acceptable the Local Representative, with or without the aggrieved employee, shall meet within three (3) working days with the appropriate Master appropriate'Master or Terminal Supervisor. The National Representativemay Representative may be present at all steps referred to in this Article is so desired by the Union. If the Union is not satisfied with the disposition of the grievance by the Company, the mater in dispute may be submitted to arbitration in accordance with the provision of the following article. Meetings of the Company and Union Representatives to discuss a grievance will be held at a time suitable to suitableto the operation of the business by arrangement between the appropriate Master or Terminal Supervisor and the Local Union Representative. The time limits specified herein shall be deemed to apply to appropriate days and may be extended by mutual consent of the parties. The Company or the Union may refer any complaint or question it may have regarding the administration, interpretation or violation of this Agreement to the other party for clarification. If such matters are not settled to the mutual satisfaction of both parties, either party may refer the matter to arbitration. Any grievance or other matter in dispute between the Company and the Union involving the interpretation, application, operation or alleged violation of any article of this Agreement may, in the event of failure to reach agreement therein, be referred to arbitration, . A single Arbitrator shall be selected and act as hereinafter provided. Within fourteen (14) days of the last step in the Grievance Procedure as outlined in Article above, the party desiring to submit a matter to arbitration shall deliver to the other party a notice of Intention to Arbitrate. This notice shall state the matter at issue and shall state in what respect the Agreement has been violated or misinterpreted. The notice shall also stipulate the nature of the relief or remedy sought. Within ten (10) days after the date of delivery of the foregoing notice, the party initiating arbitration shall notify the other party of the name of the suggested Arbitrator. The other party must advise of their agreement or disagreement of the selected Arbitrator within ten (10) days of receipt of this notification. In the vent that the parties fail to agree on the appointment of an Arbitrator, the Minister of Labour of the province shall be requested to appoint an Arbitrator. After the Arbitrator has been selected, shall meet with the parties and hear the evidence of both parties and render a decision within twenty-one (21) days after the completion of taking evidence. The time limits specified herein shall be deemed to apply to appropriate days, and may be extended by mutual consent of the parties but in any case, time limits breached by either shall not be used as a technical argument to prevent the Arbitrator from deciding the case on its merits. The decision of the Arbitrator shall be final and binding on both parties providing he does not subtract alter or amend this Agreement in any respect. The Arbitrator shall, however, have the authority to modify or substitute any penalty imposed by the Company. Each party shall pay its own costs and the fees and expenses of witnesses called by it and of its representatives. The fees and expenses of the Arbitrator shall be shared equally between the parties. At the start of the arbitration, with both parties agreeing to proceed to arbitration, no technical objection will be presented to either party to stop proceedings. Engineer Officers and Electricians required by the Company to wear shall be furnished, free of charge: One (1) uniform jacket every four (4) years or one (1) multi-climate bomber jacket every three (3) years and two (2) pair of pants every year. Two (2) sets of coveralls each year for all personnel either lightweight or heavyweight. One (1) uniform cap with badge every four years. One (1) baseball type cap every year. Three (3) white shirts and two (2) every year. One (1) pair of regulation epaulets for each position served every three (3) years for wear with the white shirts in above. Two (2) coats per vessel every three (3) years (to be stencilled). Seasonal (not established) who served three or more months the previous season: Two (2) shirts and one (1) pair of pants every year. One (1) pair of epaulets every three years. One (1) set of coveralls every year (not entitled if received under Unlicensed Agreement). Engineers and to be supplied with a winter parka when on winter watch. In order to expedite delivery of uniforms, measurements will be taken in the fall of the year before the issue is to be made. The Company will notify the local Chairman of the name of the supplier.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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