Common use of Employer's Grievance Clause in Contracts

Employer's Grievance. It is understood that the Employer may bring forward, at any time, any complaint with respect to the conduct of the Union, its officers, Shop Stewards or members and that, if such complaint by the Employer is not settled to the mutual satisfaction of the conferring parties within seven days, it may be treated as a grievance at Step No. 2 and referred to arbitration in the same way as the grievance of an employee. The grievance shall be delivered in writing to the President, the Chief Xxxxxxx, or the Secretary of the Union. ARTICLE SENIORITY: An employee will be on probation until he has completed sixty working days continuous employment. Upon completion of such probationary period, the employee's name shall be placed on the Seniority List and he shall be credited with seniority to his last date of hire. Employees with the same date of hire shall be ranked on the Seniority List as determined by a draw, supervised by management and the Union. A revised copy of each Seniority List shall be posted on the appropriate bulletin board and sent to the Union in January and July of each year. During the probationary period, the employee shall be entitled to all rights and benefits of this Agreement except as otherwise provided herein. An employee shall lose all seniority and shall be deemed terminated if he: voluntarily leaves the employ of the Employer; is discharged and is not reinstated through the grievance or arbitration procedure; is laid off for a period of more than eighteen months; is absent from work without permission for three consecutive working days unless an explanation satis- factory to the Employer is given by the employee; fails to return to work upon termination of an leave of absence or a leave of absence for purposes other than those for which the leave of absence may be granted; fails to return to work within seven calendar days after being recalled from layoff by notice sent by registered mail, unless an explanation satisfactory to the Employer is given by the employee; is absent due to illness or disability which absence continues for more than twenty-four months. This clause shall be interpreted in a manner consistent with the provisions of the Ontario Human Rights Code. It shall be the duty of the employee to notify the Employer promptly of any change in address. If an employee fails to do this, the Employer will not be responsible for failure of a notice sent by registered mail to reach such employee.

Appears in 1 contract

Samples: Collective Agreement

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Employer's Grievance. It is understood that the The Employer may bring forward, at any time, any complaint with respect to the conduct institute a grievance consisting of the Union, its officers, Shop Stewards an allegation of a general misinterpretation or members and that, if such complaint violation of this Agreement (by the Employer is not settled to the mutual satisfaction of the conferring parties within seven daysUnion or any employee covered by this Agreement), it may be treated as a grievance in writing, at Step No. 2 of the grievance procedure, by forwarding a written statement of said grievance to the Union Representative providing it is presented within ten working days after the circumstances giving rise to the grievance have originated or occurred; the business agent of the Union shall give his decision in writing five working days after receiving the written grievance and failing settlement, the grievance may be referred to arbitration by the Employer in the same way as accordance with Step No. 3 of the grievance procedure. The Union may institute a grievance consisting of an employee. The grievance shall be delivered in writing to allegation of a general misinterpretation or a violation by the President, the Chief Xxxxxxx, or the Secretary of the Union. ARTICLE SENIORITY: An employee will be on probation until he has completed sixty working days continuous employment. Upon completion of such probationary period, the employee's name shall be placed on the Seniority List and he shall be credited with seniority to his last date of hire. Employees with the same date of hire shall be ranked on the Seniority List as determined by a draw, supervised by management and the Union. A revised copy of each Seniority List shall be posted on the appropriate bulletin board and sent to the Union in January and July of each year. During the probationary period, the employee shall be entitled to all rights and benefits Employer of this Agreement except as otherwise provided hereinin writing at the Administrator's stage Step 3 of the grievance procedure, providing that it is presented within ten working days after the circumstances giving rise to the grievance have originated or occurred. An However, it is expressly understood that the provisions of this clause not be used to institute a grievance directly affecting an employee or employees which such employee or employees could themselves initiate and the regular grievance procedure shall lose all seniority and not be thereby bypassed. If a grievance which has been referred to the Administrator is not settled within ten working days it shall be deemed terminated if he: voluntarily leaves the employ to have been abandoned as of the Employer; is discharged tenth day unless either party notifies the other in writing that it wishes to proceed to arbitration. Saturdays, Sundays, and is not reinstated through paid Holidays (as defined in Clause are excluded for the grievance or arbitration procedure; is laid off for a period purpose of more than eighteen months; is absent from work without permission for three consecutive working days unless an explanation satis- factory to the Employer is given by the employee; fails to return to work upon termination of an leave of absence or a leave of absence for purposes other than those for which the leave of absence may be granted; fails to return to work within seven calendar days after being recalled from layoff by notice sent by registered mail, unless an explanation satisfactory to the Employer is given by the employee; is absent due to illness or disability which absence continues for more than twenty-four months. This clause shall be interpreted in a manner consistent with the provisions of the Ontario Human Rights Code. It shall be the duty of the employee to notify the Employer promptly of any change in address. If an employee fails to do this, the Employer will not be responsible for failure of a notice sent by registered mail to reach such employeecalculating time periods under this Article.

Appears in 1 contract

Samples: Collective Agreement

Employer's Grievance. It is understood that the The Employer may bring forwardinstitute a grievance consisting of an allegation of a general misinterpretation or violation by the Association, or any Employee of this Agreement, in writing, at any timeStep of the Grievance Procedure, any complaint with respect by forwarding a written statement of such grievance to the conduct President of the UnionAssociation, its officersprovided it is presented within fifteen 5) days after the circumstances giving rise to the grievance have originated or occurred; the President of the Association shall give a decision in writing within five (5) days after receiving the written grievance, Shop Stewards or members and thatand, if such complaint failing settlement, the grievance may be referred to arbitration by the Employer in a manner as hereinbefore provided. Article Seniority Seniority with the Association shall be as set out in Schedule the Communication Centre Seniority Roll. The Association Seniority date is not settled for job posting purposes only. In January of each year, the Corporation will update the Communications Centre Seniority Roll and deliver copies to the mutual satisfaction Association. Complaints about the accuracy of the conferring parties Seniority Roll will be considered within seven days, it may be treated as a grievance at Step No. 2 and referred to arbitration in the same way as the grievance of an employee. The grievance shall be delivered in writing to the President, the Chief Xxxxxxx, or the Secretary thirty days of the Uniondelivery date. ARTICLE SENIORITY: An employee will be Such Seniority Roll shall determine seniority of service. New employees on probation until he has completed sixty working days continuous employment. Upon completion of such their probationary period, the employee's name period shall be placed on the Seniority List and he shall be credited seniority list with seniority to his last as of the date of hirecommencement of employment. Employees with the same date of hire shall be ranked on the Seniority List as determined by a draw, supervised by management and the Union. A revised copy of each Seniority List shall be posted on the appropriate bulletin board and sent Where an employee transfers from another civic department to the Union in January and July of each year. During the probationary periodCommunications Centre, the employee shall be entitled retain overall seniority in service with the City for the purpose of determining vacation, but seniority for the purpose of service pay and job posting shall only begin from date of appointment to all rights and benefits of this Agreement except as otherwise provided hereinthe Fire Department Communication Centre. An employee shall lose all seniority and Seniority shall be deemed terminated considered broken for the following reasons: if he: voluntarily leaves the employ of employee terminates employment for any reason; if the Employer; employee is discharged and the discharge is not reinstated reversed through the grievance or arbitration procedureGrievance Procedure; is if an employee who has been laid off does not report for a period work within fourteen calendar days of more than eighteen monthsrecall; if an employee is absent from work without permission for three five or xxxx consecutive working days unless an explanation satis- factory to the Employer is given by the employee; fails to return to work upon termination of an leave of absence or a leave of absence for purposes other than those for which the leave of absence may be granted; fails to return to work within seven calendar days after being recalled from layoff by notice sent by registered mail, unless an explanation satisfactory to the Employer is given by the employee; is absent due to illness or disability which absence continues for more than twenty-four months. This clause shall be interpreted in a manner consistent with the provisions of the Ontario Human Rights Code. It shall be the duty of the employee to notify the Employer promptly of any change in address. If an employee fails to do this, the Employer will not be responsible for failure of a notice sent by registered mail to reach such employeedays.

Appears in 1 contract

Samples: Collective Agreement

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Employer's Grievance. It is understood that the Employer may bring forward, at any time, any complaint with respect to the conduct of the Union, its officers, Shop Stewards or members and that, if such complaint by the Employer is not settled to the mutual satisfaction of the conferring parties within seven days, it may be treated as a grievance at Step No. 2 and referred to arbitration in the same way as the grievance of an employee. The grievance shall be delivered in writing to the President, the Chief Xxxxxxx, or the Secretary of the Union. ARTICLE SENIORITY: An employee will be on probation until he has completed sixty working days continuous employment. Upon completion of such probationary period, the employee's name shall be placed on the Seniority List and he shall be credited with seniority to his last date of hire. Employees with the same date of hire shall be ranked on the Seniority List as determined by a draw, supervised by management and the Unionsixty days seniority. A revised copy of each Seniority List shall be posted on the appropriate bulletin board and sent to the Union in January and July of each year. During the probationary period, the employee shall be entitled to all rights and benefits of this Agreement except as otherwise provided herein. In all cases of lay-offs, recall, promotions, other than appointments to positions outside the scope of the bargaining unit, the following factors shall be considered: seniority skill, competence, efficiency, merit and ability. Where these factors are relatively equal, seniority shall govern provided the employees have the qualifications to perform the work in question. An employee shall lose all seniority and shall be deemed terminated if he: Employer voluntarily leaves the employ of the Employer; is discharged and is not reinstated through the grievance griev- ance or arbitration procedure; is laid off for a period of more than eighteen months; is absent from work without permission for three consecutive working days unless an explanation satis- factory to the Employer is given by the employee; fails to return to work upon termination of an leave of absence or a leave of absence for purposes other than those for which the leave of absence may be granted; fails to return to work within seven calendar days after being recalled from layoff by notice sent by registered mail, unless an explanation satisfactory to the Employer is given by the employee; is absent due to illness or disability which absence continues for more than twenty-four months. This clause shall be interpreted in a manner consistent with the provisions of the Ontario Human Rights Code. It shall be the duty of the employee to notify the Employer promptly of any change in address. If an employee fails to do this, the Employer will not be responsible for failure of a notice sent by registered mail to reach such employee.

Appears in 1 contract

Samples: Collective Agreement

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