Failing Settlement Clause Samples

Failing Settlement. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitral, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits.
Failing Settlement. Failing settlement of the grievance at Step Three, the matter may be referred to arbitration no later than ten (10) business days after the written decision at Step Three has been provided in accordance with Article 13.06.
Failing Settlement. The shift committee person and the shift ▇▇▇▇▇▇▇, if requested, may present the grievance of the employee to the Operations Manager within days after the receipt of the reply of the supervisor or designate. At this stage grievance shall be discussed between the on shift committee person, the ▇▇▇▇▇▇▇, if requested by either party, and the Operations Manager. The Company shall give a written response within days of receipt of the grievance. Failing Settlement: The grievance shall be referred to the Human Resources department within days by the Chairperson. The grievance shall be discussed by the Director of Human Resources or designate, the Senior Director of Operations or designate, the Chairperson and the shift committee The President, National representative,the Shift ▇▇▇▇▇▇▇ or if requested by either party to discuss the matter may attend the meeting. The Employer or the file a policy commencing at Step or Step In the case of discharge, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within seven (7) days from the date of dismissal and shall commence at Step In any subsequent disposal of this case during the grievance procedure, the Employer may reinstate the employee, suspend the employee for a definite period, or sustain the discharge, if mutually agreed to by the parties to this Agreement. If an agreement cannot be reached the matter may be referred through the provisions of Article Should the grievance involve the alleged misinterpretationor violation of the Agreement of applicable government legislation, either party may be free to appeal to arbitration or within thirty-one (31) days from the date of the Step response. The parties shall attempt to agree on a single arbitrator or If the parties agree on the arbitrator or the party requesting the referral shall then refer the grievance to the chosen party with a statement of the issue to be arbitrated upon by if requested. Notice of said referral and a copy of said statement shall be forwarded simultaneously to the other party. The decision of the arbitrator or shall be final and upon all The arbitrator or as the case may be, shall not have any jurisdiction to alter or modify any of the provisions of this Agreement, nor to substitute any new provision in lieu thereof, nor to make any decision inconsistent with the terms and provisions of this Agreement. In determining any discharge or any other disciplinary grievance, the arbitrator or as th...
Failing Settlement. An International Representative of the United Association and Employer Representative shall meet within a period of ten (10) working days thereafter for the purpose of attempting to settle the grievance. Failing settlement at this step, the grievance may be advanced to Step 3.
Failing Settlement. (a) Should the General Manager or designate fail to render his/her decision as provided for in STEP 3, or failing settlement of the grievance the grievance may be referred to Arbitration as provided for in Article 9 hereof by either the Union or the Employer. (b) If no written request for Arbitration is received within five (5) working days after the provisions of STEP 3 have been exhausted the grievance will be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance.