Formal Grievance Process. a) Step 1 i. A grievance must be filed with the Teaching Faculty Member’s(s’) Xxxx, with a copy sent to the Office of the Xxxxxxx, in writing within thirty (30) Days of when the Teaching Faculty Member(s) knew or reasonably ought to have known of the circumstance(s) giving rise to the grievance. For clarity, this period shall include any time spent using the process set out in Article 11.05 a) or b). ii. The grievance shall set out the details of the circumstance giving rise to the grievance, specify the Article(s) which allegedly has or have been breached, and identify the remedy sought. iii. The Xxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) within ten (10) Days from the receipt of the grievance. iv. The Xxxx shall forward the written decision to the Association with a copy to the Office of the Xxxxxxx within five (5) Days of such meeting. v. If the grievance is resolved at Step 1, such settlement shall be reduced to writing and signed by the Association representative and the Xxxx within five (5) Days after the Step 1 meeting or the response of the Xxxx, as the case may be. b) Step 2 i. A grievance filed at Step 2 shall be submitted in writing to the Office of the Xxxxxxx, or in the case of a University policy grievance, to the President of the Association. a. Failing a resolution at Step 1, a grievance may proceed to Step 2 within five (5) Days of receipt of the decision at Step 1. b. A grievance arising under Article 23.02 f) must be filed within ten (10) Days of the Xxxx’x decision under Article 23.01g). c. Policy grievances initiated at Step 2 must be filed within fifteen (15) Days of the date upon which the submitting Party knew or ought reasonably to have known of the circumstance(s) giving rise to the grievance. ii. The Xxxxxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) affected within ten (10) Days from the receipt of the grievance. iii. The Xxxxxxx shall forward their written decision to the Association within ten (10) Days of such meeting. iv. If the grievance is resolved at Step 2, such settlement shall be reduced to writing and signed by the Association representative and the Xxxxxxx within ten (10) Days after the date of the Step 2 meeting or the response of the Xxxxxxx, as the case may be. v. In the case of a University policy grievance, the President of the Association shall within ten (10) Days after the date of the last meeting forward the written decision to the Xxxxxxx. vi. The Xxxxxxx shall advise the Association within ten (10) Days of receiving its decision under v) whether or not the grievance can be considered resolved on the basis of its decision. vii. In the event that arbitration is commenced under Article 23.02 f) and the arbitration hearing date is scheduled prior to completing Step 2, the arbitration hearing date shall take precedence over completion of Step 2.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Formal Grievance Process. a) Step 1
i. A grievance must be filed with the Teaching Faculty Member’s(s’) Xxxx, with a copy sent to the Office of the Xxxxxxx, in writing writing, within thirty (30) Days of when the Teaching Faculty Member(s) knew or reasonably ought to have known of the circumstance(s) giving rise to the grievance. For clarity, this period shall include any time spent using the process set out in Article 11.05 a) or b).
ii. The grievance shall set out the details of the circumstance giving rise to the grievance, specify the Article(s) which allegedly has or have been breached, and identify the remedy sought.
iii. The Xxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) within ten (10) Days from the receipt of the grievance where both Parties shall discuss the grievance.
iv. The Xxxx shall forward the written decision to the Association with a copy to the Office of the Xxxxxxx within five (5) Days of such meeting.
v. If the grievance is resolved at Step 1, such settlement shall be reduced to writing and signed by the Association representative and the Xxxx within five (5) Days after the Step 1 meeting or the response of the Xxxx, as the case may be.
b) Step 2
i. A grievance filed at Step 2 shall be submitted in writing to the Office of the Xxxxxxx, or in the case of a University policy grievance, to the President of the Association.
a. Failing a resolution at Step 1, a grievance may proceed to Step 2 within five (5) Days of receipt of the decision at Step 1.
b. A grievance arising under Article 23.02 24.02 f) must be filed within ten (10) Days of the Xxxx’x decision under Article 23.0124.01 g).
c. Policy grievances initiated at Step 2 must be filed within fifteen (15) Days of the date upon which the submitting Party knew or ought reasonably to have known of the circumstance(s) giving rise to the grievance.
ii. The Xxxxxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) affected within ten (10) Days from the receipt of the grievance where both Parties shall discuss the grievance.
iii. The Xxxxxxx shall forward their written decision to the Association within ten (10) Days of such meeting.
iv. If the grievance is resolved at Step 2, such settlement shall be reduced to writing and signed by the Association representative and the Xxxxxxx within ten (10) Days after the date of the Step 2 meeting or the response of the Xxxxxxx, as the case may be.
v. In the case of a University policy grievance, the President of the Association shall within ten (10) Days after the date of the last meeting forward the written decision to the Xxxxxxx.
vi. The Xxxxxxx shall advise the Association within ten (10) Days of receiving its decision under v) whether or not the grievance can be considered resolved on the basis of its decision.
vii. In the event that arbitration is commenced under Article 23.02 24.02 f) and the arbitration hearing date is scheduled prior to completing Step 2, the arbitration hearing date shall take precedence over completion of Step 2.the
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Formal Grievance Process. a) Step 1
i. A grievance must be filed with the Teaching Faculty Member’s(s’) Xxxx, with a copy sent to the Office of the Xxxxxxx, in writing writing, within thirty (30) Days of when the Teaching Faculty Member(s) knew or reasonably ought to have known of the circumstance(s) giving rise to the grievance. For clarity, this period shall include any time spent using the process set out in Article 11.05 a) or b).
ii. The grievance shall set out the details of the circumstance giving rise to the grievance, specify the Article(s) which allegedly has or have been breached, and identify the remedy sought.
iii. The Xxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) within ten (10) Days from the receipt of the grievance.
iv. The Xxxx shall forward the written decision to the Association with a copy to the Office of the Xxxxxxx within five (5) Days of such meeting.
v. If the grievance is resolved at Step 1, such settlement shall be reduced to writing and signed by the Association representative and the Xxxx within five (5) Days after the Step 1 meeting or the response of the Xxxx, as the case may be.
b) Step 2
i. A grievance filed at Step 2 shall be submitted in writing to the Office of the Xxxxxxx, or in the case of a University policy grievance, to the President of the Association.
a. Failing a resolution at Step 1, a grievance may proceed to Step 2 within five (5) Days of receipt of the decision at Step 1.
b. A grievance arising under Article 23.02 24.02 f) must be filed within ten (10) Days of the Xxxx’x decision under Article 23.0124.01 g).
c. Policy grievances initiated at Step 2 must be filed within fifteen (15) Days of the date upon which the submitting Party knew or ought reasonably to have known of the circumstance(s) giving rise to the grievance.
ii. The Xxxxxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) affected within ten (10) Days from the receipt of the grievance.
iii. The Xxxxxxx shall forward their written decision to the Association within ten (10) Days of such meeting.
iv. If the grievance is resolved at Step 2, such settlement shall be reduced to writing and signed by the Association representative and the Xxxxxxx within ten (10) Days after the date of the Step 2 meeting or the response of the Xxxxxxx, as the case may be.
v. In the case of a University policy grievance, the President of the Association shall within ten (10) Days after the date of the last meeting forward the written decision to the Xxxxxxx.
vi. The Xxxxxxx shall advise the Association within ten (10) Days of receiving its decision under v) whether or not the grievance can be considered resolved on the basis of its decision.
vii. In the event that arbitration is commenced under Article 23.02 24.02 f) and the arbitration hearing date is scheduled prior to completing Step 2, the arbitration hearing date shall take precedence over completion of Step 2.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Formal Grievance Process. a) Step 1
i. A Where there is no resolution at the informal stage or the Xxxx has not responded with the timelines in 11.
05 a) the Association may decide to proceed with a formal grievance. The grievance must be filed with the Teaching Faculty Member’s(s’) Xxxx, with a copy sent to the Office of the Xxxxxxx, /Associate Xxxx in writing within thirty ten (3010) Days of when the Teaching Faculty Member(s) knew Xxxx or reasonably ought to have known of the circumstance(s) giving rise Associate Xxxx’x response to the grievance. For clarity, this period shall include any time spent using the process set out in Article informal complaint under 11.05 ac) or bthe failure to resolve the issue under 11.05 d).
ii. The grievance shall set out the details of the circumstance giving rise to the grievance, specify the Article(s) Article or Articles which allegedly has or have been allegedly breached, and identify the remedy sought.
iiiii. The Xxxx/Associate Xxxx or designate, who may be accompanied by representatives another representative of the Employer, shall meet with an Association representatives representative and the Teaching Faculty Member(s) within ten (10) Days from the receipt of the grievance.
iv. The Xxxx/Associate Xxxx or designate shall forward the his/her written decision to the Association with a copy to the Office of the Xxxxxxx Human Resources within five (5) Days of such meeting.
v. iii. If the grievance Grievance is resolved at Step 1this Step, such settlement shall be reduced to writing and signed by the Association representative and the Xxxx/Associate Xxxx or designate within five (5) Days after the Step 1 meeting or the response of the Xxxx/Associate Xxxx, as the case may be.
b) Step 2
i. A grievance filed at Step 2 shall be submitted in writing to the Office of the Xxxxxxx, or in the case of a University policy grievance, to the President of the Association.
a. Failing a resolution at Step 1, a the grievance may proceed to Step 2 within five (5) Days of receipt of the decision at Step 1. A grievance filed at Step 2 shall be submitted in writing to the Xxxxxxx through the Vice President Human Resources and Services, or in the case of a University policy grievance, to the President of the Association.
b. A grievance arising under Article 23.02 f) must be filed within ten (10) Days of the Xxxx’x decision under Article 23.01g).
c. ii. Policy grievances initiated at Step 2 must be filed within fifteen (15) Days of the date upon which the submitting Party party knew or ought reasonably to have known of the circumstance(s) circumstance giving rise to the grievance.
iiiii. The XxxxxxxXxxxxxx or designate, who may be accompanied by representatives another representative of the Employer, shall meet with an Association representatives representative and the Teaching Faculty Member(smember(s) affected within ten (10) Days from the receipt of the grievance.
iii. The Xxxxxxx shall forward their written decision to the Association within ten (10) Days of such meeting.
iv. If the grievance is resolved at Step 2this Step, such settlement shall be reduced to writing and signed by the Association representative and the Xxxxxxx or designate within ten (10) Days after the date of the Step 2 meeting or the response of the Xxxxxxx, as the case may bemeeting.
v. If no settlement is reached at Step 2, the Xxxxxxx or designate, shall within ten (10) Days after the date of the last meeting forward his/her written decision to the Association with a copy to the Vice President Human Resources and Services.
vi. In the case of a University policy grievance, the President of the Faculty Association shall within ten (10) Days after the date of the last meeting forward the his/her written decision to the XxxxxxxXxxxxxx with a copy to the Vice President Human Resources and Services.
vivii. The Xxxxxxx shall Faculty Association will advise the Association Xxxxxxx within ten (10) Days of the receiving its his/her decision under viv) whether or not the grievance can be considered resolved on the basis of its his/her decision.
viiviii. In the event that arbitration is commenced under Article 23.02 fd) and the arbitration hearing date is scheduled prior to completing Step 2, 2 the arbitration hearing date shall take precedence over completion of Step 2.
c) Step 3 Arbitration
i. If the grievance(s) is not resolved with the Step 2 response and either party wishes to proceed with the grievance it must be submitted to arbitration within fifteen (15) Days of the Step 2 response.
ii. The Parties shall select one arbitrator from the list of arbitrators in Appendix “C” of this Agreement. Unless otherwise agreed, arbitrators shall be selected on a rotating basis from the list.
iii. Alternately the Parties by mutual agreement may agree that the grievance will be referred to a Board of Arbitration. The Parties shall then exchange names of their respective nominees to a Board of Arbitration within ten (10) Days of first being notified of the desire to proceed to a Board of Arbitration. The two (2) nominees shall then attempt to select a third person as a chairperson for the Board of Arbitration. If they are unable to agree on a chairperson within ten (10) Days of their appointment to the Board of Arbitration then either party shall have the right to request that the Ministry of Labour appoint a chairperson for the Board of Arbitration.
iv. An arbitrator or Board of Arbitration has the powers of an arbitrator under the Ontario Labour Relations Act, but shall not have the power to alter, amend, add to or subtract from this Collective Agreement or to render a decision inconsistent with its terms.
v. A decision of an arbitrator or Board of Arbitration will be final and binding on the Parties.
vi. Both Parties agree to pay fifty percent (50%) of the fees and expenses of the single Arbitrator or Chairperson for the Board of Arbitration, as the case may be. In the case of a Board of Arbitration each party will also pay the fees and expenses of its nominee.
vii. Any grievance initiated or in process during the statutory extension between the expiry date of this Collective Agreement and the ratification of a new Collective Agreement between the parties may proceed to arbitration under the terms of this Collective Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Formal Grievance Process.
a) Step 1
i. A grievance must be filed with the Teaching Faculty Member’s(s’) Xxxx, with a copy sent to the Office of the Xxxxxxx, in writing writing, within thirty (30) Days of when the Teaching Faculty Member(s) knew or reasonably ought to have known of the circumstance(s) giving rise to the grievance. For clarity, this period shall include any time spent using the process set out in Article 11.05 a) or b).
ii. The grievance shall set out the details of the circumstance giving rise to the grievance, specify the Article(s) which allegedly has or have been breached, and identify the remedy sought.
iii. The Xxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) within ten (10) Days from the receipt of the grievance where both Parties shall discuss the grievance.
iv. The Xxxx shall forward the written decision to the Association with a copy to the Office of the Xxxxxxx within five (5) Days of such meeting.
v. If the grievance is resolved at Step 1, such settlement shall be reduced to writing and signed by the Association representative and the Xxxx within five (5) Days after the Step 1 meeting or the response of the Xxxx, as the case may be.
b) Step 2
i. A grievance filed at Step 2 shall be submitted in writing to the Office of the Xxxxxxx, or in the case of a University policy grievance, to the President of the Association.
a. Failing a resolution at Step 1, a grievance may proceed to Step 2 within five (5) Days of receipt of the decision at Step 1.
b. A grievance arising under Article 23.02 24.02 f) must be filed within ten (10) Days of the Xxxx’x decision under Article 23.0124.01 g).
c. Policy grievances initiated at Step 2 must be filed within fifteen (15) Days of the date upon which the submitting Party knew or ought reasonably to have known of the circumstance(s) giving rise to the grievance.
ii. The Xxxxxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) affected within ten (10) Days from the receipt of the grievance where both Parties shall discuss the grievance.
iii. The Xxxxxxx shall forward their written decision to the Association within ten (10) Days of such meeting.
iv. If the grievance is resolved at Step 2, such settlement shall be reduced to writing and signed by the Association representative and the Xxxxxxx within ten (10) Days after the date of the Step 2 meeting or the response of the Xxxxxxx, as the case may be.
v. In the case of a University policy grievance, the President of the Association shall within ten (10) Days after the date of the last meeting forward the written decision to the Xxxxxxx.
vi. The Xxxxxxx shall advise the Association within ten (10) Days of receiving its decision under v) whether or not the grievance can be considered resolved on the basis of its decision.
vii. In the event that arbitration is commenced under Article 23.02 24.02 f) and the arbitration hearing date is scheduled prior to completing Step 2, the arbitration hearing date shall take precedence over completion of Step 2.
Appears in 1 contract
Samples: Collective Agreement
Formal Grievance Process. a) Step 1
i. A Where there is no resolution at the informal stage or the Xxxx has not responded with the timelines in 11.
05 a) the Association may decide to proceed with a formal grievance. The grievance must be filed with the Teaching Faculty Member’s(s’) Xxxx, with a copy sent to the Office of the Xxxxxxx, /Associate Xxxx in writing within thirty ten (3010) Days of when the Teaching Faculty Member(s) knew Xxxx or reasonably ought to have known of the circumstance(s) giving rise Associate Xxxx’x response to the grievance. For clarity, this period shall include any time spent using the process set out in Article informal complaint under 11.05 ac) or bthe failure to resolve the issue under 11.05 d).
ii. The grievance shall set out the details of the circumstance giving rise to the grievance, specify the Article(s) Article or Articles which allegedly has or have been allegedly breached, and identify the remedy sought.
iiiii. The Xxxx/Associate Xxxx or designate, who may be accompanied by representatives another representative of the Employer, shall meet with an Association representatives representative and the Teaching Faculty Member(s) within ten (10) Days from the receipt of the grievance.
iv. The Xxxx/Associate Xxxx or designate shall forward the his/her written decision to the Association with a copy to the Office of the Xxxxxxx Human Resources within five (5) Days of such meeting.
v. iii. If the grievance Grievance is resolved at Step 1this Step, such settlement shall be reduced to writing and signed by the Association representative and the Xxxx/Associate Xxxx or designate within five (5) Days after the Step 1 meeting or the response of the Xxxx/Associate Xxxx, as the case may be.
b) Step 2
i. A grievance filed at Step 2 shall be submitted in writing to the Office of the Xxxxxxx, or in the case of a University policy grievance, to the President of the Association.
a. Failing a resolution at Step 1, a the grievance may proceed to Step 2 within five (5) Days of receipt of the decision at Step 1. A grievance filed at Step 2 shall be submitted in writing to the Xxxxxxx through the Vice President Human Resources and Services, or in the case of a University Policy grievance, to the President of the Association.
b. A grievance arising under Article 23.02 f) must be filed within ten (10) Days of the Xxxx’x decision under Article 23.01g).
c. ii. Policy grievances initiated at Step 2 must be filed within fifteen (15) Days of the date upon which the submitting Party party knew or ought reasonably to have known of the circumstance(s) circumstance giving rise to the grievance.
iiiii. The XxxxxxxXxxxxxx or designate, who may be accompanied by representatives another representative of the Employer, shall meet with an Association representatives representative and the Teaching Faculty Member(smember(s) affected within ten (10) Days from the receipt of the grievance.
iii. The Xxxxxxx shall forward their written decision to the Association within ten (10) Days of such meeting.
iv. If the grievance is resolved at Step 2this Step, such settlement shall be reduced to writing and signed by the Association representative and the Xxxxxxx or designate within ten (10) Days after the date of the Step 2 meeting or the response of the Xxxxxxx, as the case may bemeeting.
v. If no settlement is reached at Step 2, the Xxxxxxx or designate, shall within ten (10) Days after the date of the last meeting forward his/her written decision to the Association with a copy to the Vice President Human Resources and Services.
vi. In the case of a University policy grievance, the President of the Faculty Association shall within ten (10) Days after the date of the last meeting forward the his/her written decision to the XxxxxxxXxxxxxx with a copy to the Vice President Human Resources and Services.
vivii. The Xxxxxxx shall Faculty Association will advise the Association Xxxxxxx within ten (10) Days of the receiving its his/her decision under viv) whether or not the grievance can be considered resolved on the basis of its his/her decision.
viiviii. In the event that arbitration is commenced under Article 23.02 fd) and the arbitration hearing date is scheduled prior to completing Step 2, 2 the arbitration hearing date shall take precedence over completion of Step 2.
c) Step 3 Arbitration
i. If the grievance(s) is not resolved with the Step 2 response and either party wishes to proceed with the grievance it must be submitted to arbitration within fifteen (15) Days of the Step 2 response.
ii. The Parties shall select one arbitrator from the list of arbitrators in Appendix “C” of this Agreement. Unless otherwise agreed, arbitrators shall be selected on a rotating basis from the list.
iii. Alternately the Parties by mutual agreement may agree that the grievance will be referred to a Board of Arbitration. The Parties shall then exchange names of their respective nominees to a Board of Arbitration within ten (10) Days of first being notified of the desire to proceed to a Board of Arbitration. If they are unable to agree on a chairperson within ten (10) Days of their appointment to the Board of Arbitration then either party shall have the right to request that the Ministry of Labour appoint a chairperson for the Board of Arbitration.
iv. An arbitrator or Board of Arbitration has the powers of an arbitrator under the Ontario Labour Relations Act, but shall not have the power to alter, amend, add to or subtract from this Collective Agreement or to render a decision inconsistent with its terms.
v. A decision of an arbitrator or Board of Arbitration will be final and binding on the Parties.
vi. Both Parties agree to pay fifty percent (50%) of the fees and expenses of the single Arbitrator or Chairperson for the Board of Arbitration, as the case may be. In the case of a Board of Arbitration each party will also pay the fees and expenses of its nominee.
vii. Any grievance initiated or in process during the statutory extension between the expiry date of this Collective Agreement and the ratification of a new Collective Agreement between the parties may proceed to arbitration under the terms of this Collective Agreement.
Appears in 1 contract
Formal Grievance Process. a) Step 1
i. A grievance must be filed with the Teaching Faculty Member’s(s’) Xxxx, with a copy sent to the Office of the Xxxxxxx, in writing writing, within thirty (30) Days of when the Teaching Faculty Member(s) knew or reasonably ought to have known of the circumstance(s) giving rise to the grievance. For clarity, this period shall include any time spent using the process set out in Article 11.05 a) or b).
ii. The grievance shall set out the details of the circumstance giving rise to the grievance, specify the Article(s) which allegedly has or have been breached, and identify the remedy sought.
iii. The Xxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) within ten (10) Days from the receipt of the grievance where both Parties shall discuss the grievance.
iv. The Xxxx shall forward the written decision to the Association with a copy to the Office of the Xxxxxxx within five (5) Days of such meeting.
v. If the grievance is resolved at Step 1, such settlement shall be reduced to writing and signed by the Association representative and the Xxxx within five (5) Days after the Step 1 meeting or the response of the Xxxx, as the case may be.
b) Step 2
i. A grievance filed at Step 2 shall be submitted in writing to the Office of the Xxxxxxx, or in the case of a University policy grievance, to the President of the Association.
a. Failing a resolution at Step 1, a grievance may proceed to Step 2 within five (5) Days of receipt of the decision at Step 1.
b. A grievance arising under Article 23.02 24.02 f) must be filed within ten (10) Days of the Xxxx’x decision under Article 23.0124.01 g).
c. Policy grievances initiated at Step 2 must be filed within fifteen (15) Days of the date upon which the submitting Party knew or ought reasonably to have known of the circumstance(s) giving rise to the grievance.
ii. The Xxxxxxx, who may be accompanied by representatives of the Employer, shall meet with Association representatives and the Teaching Faculty Member(s) affected within ten (10) Days from the receipt of the grievance where both Parties shall discuss the grievance.
iii. The Xxxxxxx shall forward their written decision to the Association within ten (10) Days of such meeting.
iv. If the grievance is resolved at Step 2, such settlement shall be reduced to writing and signed by the Association representative and the Xxxxxxx within ten (10) Days after the date of the Step 2 meeting or the response of the Xxxxxxx, as the case may be.
v. In the case of a University policy grievance, the President of the Association shall within ten (10) Days after the date of the last meeting forward the written decision to the Xxxxxxx.
vi. The Xxxxxxx shall advise the Association within ten (10) Days of receiving its decision under v) whether or not the grievance can be considered resolved on the basis of its decision.
vii. In the event that arbitration is commenced under Article 23.02 24.02 f) and the arbitration hearing date is scheduled prior to completing Step 2, the arbitration hearing date shall take precedence over completion of Step 2.
Appears in 1 contract
Samples: Collective Agreement