Formal Stages. (a) Step 1: Xxxxxxx (i) If a grievance is not resolved at the Informal Stage, the Association may, within twenty (20) working days of receiving the reasons for the non- resolution, file a written grievance. The grievance will be signed by the Member. (ii) The written grievance will be addressed to the Xxxxxxx. The grievance will set forth the following: 1. the type of grievance; 2. the issue(s) that precipitated the grievance; 3. the remedy sought; 4. if applicable, the result of the Informal Stage; and 5. the article(s) of this Agreement claimed to have been misinterpreted, improperly applied, improperly administered, or violated. (iii) The Association Grievance Officer and the Xxxxxxx, will meet at least once to discuss the grievance. In the event that a settlement is not reached within ten (10) working days from the date of receipt of the grievance, the Xxxxxxx, will forward in writing to the relevant Association Grievance Officer the reason(s) for denying the grievance. (iv) If the grievance is resolved, the resolution will be put in writing by the Xxxxxxx, within ten (10) working days from the date of receipt of the grievance, and the signature of the relevant Association Grievance Officer will confirm acceptance of the resolution. A copy will be sent to the President of the Association and, if applicable, the individual Member. (v) If the grievance is denied at Step 1, the Association may proceed to either Step 2 or Step 3. (b) Step 2: Mediation (i) If a grievance is denied at Step 1, within ten (10) working days of receiving the written reason(s), either (a) the Association may submit to the Xxxxxxx, notification of intent to proceed to Step 2, or (b) the Employer may make a request to the President of the Association that the parties proceed to Step
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Formal Stages. (a) Step 1: Xxxxxxx
(i) If a grievance is not resolved at the Informal Stage, the Association may, within twenty (20) working days of receiving the reasons for the non- resolution, file a written grievance. The grievance will be signed by the Member.
(ii) The written grievance will be addressed to the Xxxxxxx. The grievance will set forth the following:
1. the type of grievance;
2. the issue(s) that precipitated the grievance;
3. the remedy sought;
4. if applicable, the result of the Informal Stage; and
5. the article(s) of this Agreement claimed to have been misinterpreted, improperly applied, improperly administered, or violated.
(iii) The Association Grievance Officer and the Xxxxxxx, Xxxxxxx will meet at least once to discuss the grievance. In the event that a settlement is not reached within ten (10) working days from the date of receipt of the grievance, the Xxxxxxx, will forward in writing to the relevant Association Grievance Officer the reason(s) for denying the grievance.
(iv) If the grievance is resolved, the resolution will be put in writing by the Xxxxxxx, Xxxxxxx within ten (10) working days from the date of receipt of the grievance, and the signature of the relevant Association Grievance Officer will confirm acceptance of the resolution. A copy will be sent to the President of the Association and, if applicable, the individual Member.
(v) If the grievance is denied at Step 1, the Association may proceed to either Step 2 or Step 3.
(b) Step 2: Mediation
(i) If a grievance is denied at Step 1, within ten (10) working days of receiving the written reason(s), either (a) the Association may submit to the Xxxxxxx, Xxxxxxx notification of intent to proceed to Step 2, or (b) the Employer may make a request to the President of the Association that the parties proceed to Step
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Formal Stages. (a) Step 1: Xxxxxxx
(i) If a grievance is not resolved at the Informal Stage, the Association may, within twenty (20) working days of receiving the reasons for the non- resolution, file a written grievance. The grievance will be signed by the Member.
(ii) The written grievance will be addressed to the Xxxxxxx. The grievance will set forth the following:
1. the type of grievance;
2. the issue(s) that precipitated the grievance;
3. the remedy sought;
4. if applicable, the result of the Informal Stage; and
5. the article(s) of this Agreement claimed to have been misinterpreted, improperly applied, improperly administered, or violated.
(iii) The Association Grievance Officer and the Xxxxxxx, will meet at least once to discuss the grievance. In the event that a settlement is not reached within ten (10) working days from the date of receipt of the grievance, the Xxxxxxx, will forward in writing to the relevant Association Grievance Officer the reason(s) for denying the grievance.
(iv) If the grievance is resolved, the resolution will be put in writing by the Xxxxxxx, within ten (10) working days from the date of receipt of the grievance, and the signature of the relevant Association Grievance Officer will confirm acceptance of the resolution. A copy will be sent to the President of the Association and, if applicable, the individual Member.Officer
(v) If the grievance is denied at Step 1, the Association may proceed to either Step 2 or Step 3.
(b) Step 2: Mediation
(i) If a grievance is denied at Step 1, within ten (10) working days of receiving the written reason(s), either (a) the Association may submit to the Xxxxxxx, notification of intent to proceed to Step 2, or (b) the Employer may make a request to the President of the Association that the parties proceed to Step
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Formal Stages. (a) Step 1: XxxxxxxVice-President, Academic and Research
(i) If a grievance is not resolved at the Informal Stage, the Association may, within twenty (20) working days of receiving the reasons for the non- resolution, file a written grievance. The grievance will be signed by the Member.
(ii) The written grievance will be addressed to the XxxxxxxVice-President, Academic and Research. The grievance will set forth the following:
1. the type of grievance;
2. the issue(s) that precipitated the grievance;
3. the remedy sought;
4. if applicable, the result of the Informal Stage; and
5. the article(s) of this Agreement agreement claimed to have been misinterpreted, improperly applied, improperly administered, or violated.
(iii) The Association Grievance Officer and the XxxxxxxVice-President, Academic and Research, will meet at least once to discuss the grievance. In the event that a settlement is not reached within ten (10) working days from the date of receipt of the grievance, the XxxxxxxVice-President, Academic and Research, will forward in writing to the relevant Association Grievance Officer the reason(s) for denying the grievance.
(iv) If the grievance is resolved, the resolution will be put in writing by the XxxxxxxVice-President, Academic and Research, within ten (10) working days from the date of receipt of the grievance, and the signature of the relevant Association Grievance Officer will confirm acceptance of the resolution. A copy will be sent to the President of the Association and, if applicable, the individual Member.
(v) If the grievance is denied at Step 1, the Association may proceed to either Step 2 or Step 3.
(b) Step 2: Mediation
(i) If a grievance is denied at Step 1, within ten (10) working days of receiving the written reason(s), either (a) the Association may submit to the XxxxxxxVice-President, Academic and Research, notification of intent to proceed to Step 2, or (b) the Employer may make a request to the President of the Association that the parties proceed to StepStep 2. The Association has ten (10) working days to respond to the Employer request for mediation.
(ii) If the parties proceed to Step 2, they will agree to appoint a qualified mediator jointly selected by the Association and the Employer. The Association and the Employer will select a mediator within fifteen (15) working days following the Association’s notification in Article 38.7(b)(i) or the Association’s agreement to the Employer’s request for mediation. Mediation will normally commence within fifteen (15) working days of the appointment of a qualified mediator.
(iii) Proceedings before the mediator will be informal. While the mediator will consider the positions of both parties, the formal rules of evidence will not apply, no record of the proceedings will be made, and legal counsel will not be in attendance for either party. The Mediation Conference will terminate within one (1) day unless the parties agree otherwise.
(iv) In advance of the Mediation Conference, the mediator will be provided with the written grievance and any written response(s) and counter- response(s).
(v) The mediator will have the authority to meet separately with any person or persons.
(vi) The parties to the grievance and the mediator will sign any resulting memorandum of settlement. No settlement of any grievance following mediation will serve as a precedent for any future grievance. The terms of any settlement agreed to will not be referred to by the parties in any subsequent grievance or in any other setting unless mutually agreed to by the parties. This notwithstanding, the Employer recognizes the Association’s obligation to report to its Executive and its Grievance Committee, and the Association recognizes the Employer's obligation to report to the Human Resources Committee of the Board of Governors and the Board of Governors.
(vii) The mediator will not have the authority to compel the resolution of a grievance.
(viii) If no settlement is reached within five (5) days of the Mediation Conference, either party may submit the matter to Step 3.
(ix) Nothing said or done by the mediator may be referred to at arbitration. Any documentation relied upon or any statement made by one party for the first time at the Mediation Conference must not be used by the other party at arbitration.
(x) The mediation process is without prejudice to and without precedent for either party.
(c) Step 3: Arbitration
(i) If the efforts of the parties to resolve the grievance at Step 1 or, if applicable, Step 2 are unsuccessful, the grieving party may submit the matter to binding arbitration within twenty (20) working days of receiving the written decision in Step 1, or a letter from the Mediator to both parties in Step 2, indicating that mediation has failed to reach a settlement. Where applicable, the Association will notify the Vice-President, Academic and Research, in writing of such action, while the Employer will notify the President of the Association in writing of such action.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Formal Stages. (a) Step 1: XxxxxxxVice-President, Academic and Research
(i) If a grievance is not resolved at the Informal Stage, the Association may, within twenty (20) working days of receiving the reasons for the non- resolution, file a written grievance. The grievance will be signed by the Member.the
(ii) The written grievance will be addressed to the XxxxxxxVice-President, Academic and Research. The grievance will set forth the following:
1. the type of grievance;
2. the issue(s) that precipitated the grievance;
3. the remedy sought;
4. if applicable, the result of the Informal Stage; and
5. the article(s) of this Agreement agreement claimed to have been misinterpreted, improperly applied, improperly administered, or violated.
(iii) The Association Grievance Officer and the XxxxxxxVice-President, Academic and Research will meet at least once to discuss the grievance. In the event that a settlement is not reached within ten (10) working days from the date of receipt of the grievance, the XxxxxxxVice-President, Academic and Research will forward in writing to the relevant Association Grievance Officer the reason(s) for denying the grievance.
(iv) If the grievance is resolved, the resolution will be put in writing by the XxxxxxxVice-President, Academic and Research within ten (10) working days from the date of receipt of the grievance, and the signature of the relevant Association Grievance Officer will confirm acceptance of the resolution. A copy will be sent to the President of the Association and, if applicable, the individual Member.
(v) If the grievance is denied at Step 1, the Association may proceed to either Step 2 or Step 3.
(b) Step 2: Mediation
(i) If a grievance is denied at Step 1, within ten (10) working days of receiving the written reason(s), either (a) the Association may submit to the XxxxxxxVice-President, Academic and Research notification of intent to proceed to Step 2, or (b) the Employer may make a request to the President of the Association that the parties proceed to StepStep 2. The Association has ten (10) working days to respond to the Employer request for mediation.
(ii) If the parties proceed to Step 2, they will agree to appoint a qualified mediator jointly selected by the Association and the Employer. The Association and the Employer will select a mediator within fifteen (15) working days following the Association’s notification in Article 39.7(b)(i) or the Association’s agreement to the Employer’s request
(iii) Proceedings before the mediator will be informal. While the mediator will consider the positions of both parties, the formal rules of evidence will not apply, no record of the proceedings will be made, and legal counsel will not be in attendance for either party. The Mediation Conference will terminate within one (1) day unless the parties agree otherwise.
(iv) In advance of the Mediation Conference, the mediator will be provided with the written grievance and any written response(s) and counter- response(s).
(v) The mediator will have the authority to meet separately with any person or persons.
(vi) The parties to the grievance and the mediator will sign any resulting memorandum of settlement. No settlement of any grievance following mediation will serve as a precedent for any future grievance. The terms of any settlement agreed to will not be referred to by the parties in any subsequent grievance or in any other setting unless mutually agreed to by the parties. This notwithstanding, the Employer recognizes the Association’s obligation to report to its Executive and its Grievance Committee, and the Association recognizes the Employer's obligation to report to the Human Resources Committee of the Board of Governors and the Board of Governors.
(vii) The mediator will not have the authority to compel the resolution of a grievance.
(viii) If no settlement is reached within five (5) days of the Mediation Conference, either party may submit the matter to Step 3.
(ix) Nothing said or done by the mediator may be referred to at arbitration. Any documentation relied upon or any statement made by one party for the first time at the Mediation Conference must not be used by the other party at arbitration.
(x) The mediation process is without prejudice to and without precedent for either party.
(c) Step 3: Arbitration
(i) If the efforts of the parties to resolve the grievance at Step 1 or, if applicable, Step 2 are unsuccessful, the grieving party may submit the matter to binding arbitration within twenty (20) working days of receiving the written decision in Step 1, or a letter from the Mediator to both parties in Step 2, indicating that mediation has failed to reach a settlement. Where applicable, the Association will notify the Vice- President, Academic and Research in writing of such action, while the
Appears in 1 contract
Samples: Collective Agreement
Formal Stages. (a) Step 1: XxxxxxxVice-President, Academic and Research
(i) If a grievance is not resolved at the Informal Stage, the Association may, within twenty (20) working days of receiving the reasons for the non- non-resolution, file a written grievance. The grievance will be signed by the Member.
(ii) The written grievance will be addressed to the XxxxxxxVice-President, Academic and Research. The grievance will set forth the following:
1. the type of grievance;
2. the issue(s) that precipitated the grievance;
3. the remedy sought;
4. if applicable, the result of the Informal Stage; and
5. the article(s) of this Agreement agreement claimed to have been misinterpreted, improperly applied, improperly administered, or violated.
(iii) The Association Grievance Officer and the XxxxxxxVice-President, Academic and Research, will meet at least once to discuss the grievance. In the event that a settlement is not reached within ten (10) working days from the date of receipt of the grievance, the XxxxxxxVice-President, Academic and Research, will forward in writing to the relevant Association Grievance Officer the reason(s) for denying the grievance.
(iv) If the grievance is resolved, the resolution will be put in writing by the XxxxxxxVice- President, Academic and Research, within ten (10) working days from the date of receipt of the grievance, and the signature of the relevant Association Grievance Officer will confirm acceptance of the resolution. A copy will be sent to the President of the Association and, if applicable, the individual Member.
(v) If the grievance is denied at Step 1, the Association may proceed to either Step 2 or Step 3.
(b) Step 2: Mediation
(i) If a grievance is denied at Step 1, within ten (10) working days of receiving the written reason(s), either (a) the Association may submit to the XxxxxxxVice-President, Academic and Research, notification of intent to proceed to Step 2, or (b) the Employer may make a request to the President of the Association that the parties proceed to StepStep 2. The Association has ten (10) working days to respond to the Employer request for mediation.
(ii) If the parties proceed to Step 2, they will agree to appoint a qualified mediator jointly selected by the Association and the Employer. The Association and the Employer will select a mediator within fifteen (15) working days following the Association’s notification in Article 39.7(b)(i) of the FASBU Collective Agreement or the Association’s agreement to the Employer’s request for mediation. Mediation will normally commence within fifteen (15) working days of the appointment of a qualified mediator.
(iii) Proceedings before the mediator will be informal. While the mediator will consider the positions of both parties, the formal rules of evidence will not apply, no record of the proceedings will be made, and legal counsel will not be in attendance for either party. The Mediation Conference will terminate within one (1) day unless the parties agree otherwise.
(iv) In advance of the Mediation Conference, the mediator will be provided with the written grievance and any written response(s) and counter-response(s).
(v) The mediator will have the authority to meet separately with any person or persons.
(vi) The parties to the grievance and the mediator will sign any resulting memorandum of settlement. No settlement of any grievance following mediation will serve as a precedent for any future grievance. The terms of any settlement agreed to will not be referred to by the parties in any subsequent grievance or in any other setting unless mutually agreed to by the parties. This notwithstanding, the Employer recognizes the Association’s obligation to report to its Executive and its Grievance Committee, and the Association recognizes the Employer's obligation to report to the Human Resources Committee of the Board of Governors and the Board of Governors.
(vii) The mediator will not have the authority to compel the resolution of a grievance.
(viii) If no settlement is reached within five (5) days of the Mediation Conference, either party may submit the matter to Step 3.
(ix) Nothing said or done by the mediator may be referred to at arbitration. Any documentation relied upon or any statement made by one party for the first time at the Mediation Conference must not be used by the other party at arbitration.
(x) The mediation process is without prejudice to and without precedent for either party.
(c) Step 3: Arbitration
(i) If the efforts of the parties to resolve the grievance at Step 1 or, if applicable, Step 2 are unsuccessful, the grieving party may submit the matter to binding arbitration within twenty (20) working days of receiving the written decision in Step 1, or a letter from the Mediator to both parties in Step 2, indicating that mediation has failed to reach a settlement. Where applicable, the Association will notify the Vice-President, Academic and Research in writing of such action, while the Employer will notify the President of the Association in writing of such action.
Appears in 1 contract
Samples: Collective Agreement
Formal Stages. (a) Step 1: XxxxxxxVice-President, Academic and Research
(i) If a grievance is not resolved at the Informal Stage, the Association may, within twenty (20) working days of receiving the reasons for the non- resolution, file a written grievance. The grievance will be signed by the Member.
(ii) The written grievance will be addressed to the XxxxxxxVice-President, Academic and Research. The grievance will set forth the following:
1. the type of grievance;
2. the issue(s) that precipitated the grievance;
3. the remedy sought;
4. if applicable, the result of the Informal Stage; and
5. the article(s) of this Agreement claimed to have been misinterpreted, improperly applied, improperly administered, or violated.
(iii) The Association Grievance Officer and the XxxxxxxVice-President, Academic and Research, will meet at least once to discuss the grievance. In the event that a settlement is not reached within ten (10) working days from the date of receipt of the grievance, the XxxxxxxVice-President, Academic and Research, will forward in writing to the relevant Association Grievance Officer the reason(s) for denying the grievance.
(iv) If the grievance is resolved, the resolution will be put in writing by the XxxxxxxVice- President, Academic and Research, within ten (10) working days from the date of receipt of the grievance, and the signature of the relevant Association Grievance Officer will confirm acceptance of the resolution. A copy will be sent to the President of the Association and, if applicable, the individual Member.relevant
(v) If the grievance is denied at Step 1, the Association may proceed to either Step 2 or Step 3.
(b) Step 2: Mediation
(i) If a grievance is denied at Step 1, within ten (10) working days of receiving the written reason(s), either (a) the Association may submit to the XxxxxxxVice- President, Academic and Research, notification of intent to proceed to Step 2, or (b) the Employer may make a request to the President of the Association that the parties proceed to StepStep 2. The Association has ten
Appears in 1 contract
Samples: Collective Agreement