General Grievance Procedure. 11.01 No grievance shall be considered which usurps the function of management; provided that the question of whether or not the subject matter of the grievance comes within this provision may itself be carried through the grievance procedure as part of the grievance and determined accordingly. 11.02 The consent of the appropriate representative of the appropriate local must be obtained prior to the initial presentation of any grievance and to the filing of each appeal to the next step in the grievance procedure. (a) The best efforts of the company and union representatives concerned shall be employed in resolving a grievance at each of the following steps of the grievance procedure. (b) The decision of management at each step of the grievance procedure will be delivered to the appropriate representative of the appropriate local. (a) Any employee, having a grievance may present it in writing to his/her supervisor or superintendent on forms to be supplied by the company on request of the employee or his/her xxxxxxx or committeeperson (the Oakville skilled trades chairperson in the case of an employee employed on the day shift in one of the trades listed in appendix 'H'), without enquiry on the part of the company as to why such form is requested by or on behalf of the employee. (b) The supervisor or superintendent shall deal with the grievance and shall deliver his/her decision in writing as soon as possible (step one), but in any event not later than the 2nd regular working day next following the day upon which he/she receives the grievance. (c) The company may, however, at its discretion decline to consider any grievance which is lodged more than ten
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
General Grievance Procedure. 11.01 No grievance shall be considered which usurps the function of management; provided that the question of whether or not the subject matter of the grievance comes within this provision may itself be carried through the grievance procedure as part of the grievance and determined accordingly.
11.02 The consent of the appropriate representative of the appropriate local must be obtained prior to the initial presentation of any grievance and to the filing of each appeal to the next step in the grievance procedure.
(a) The best efforts of the company and union representatives concerned shall be employed in resolving a grievance at each of the following steps of the grievance procedure.
(b) The decision of management at each step of the grievance procedure will be delivered to the appropriate representative of the appropriate local.
(a) Any employee, having a grievance may present it in writing to his/her supervisor or superintendent on forms to be supplied by the company on request of the employee or his/her xxxxxxx or committeeperson (the Oakville skilled trades chairperson in the case of an employee employed on the day shift in one of the trades listed in appendix 'H'), without enquiry on the part of the company as to why such form is requested by or on behalf of the employee.
(b) The supervisor or superintendent shall deal with the grievance and shall deliver his/her decision in writing as soon as possible (step one), but in any event not later than the 2nd regular working day next following the day upon which he/she receives the grievance.
(c) The company may, however, at its discretion decline to consider any grievance which is lodged more than tenten (10) working days after the cause of the grievance should have become known to the employee.
11.05 In the case of a Windsor employee:
(a) If the decision of the supervisor is not satisfactory to the employee concerned, an appeal therefrom may be lodged in writing and signed by the employee, with the superintendent having jurisdiction within three (3) regular working days of delivery of the decision.
(b) The superintendent shall deal with the appeal and deliver his/her decision in writing not later than the 3rd regular working day next following the day upon which the appeal is received (step two).
(a) If the decision of the supervisor or the superintendent is not satisfactory to the employee concerned, an appeal therefrom may be lodged in writing and signed by the employee with the human resources manager within three (3) regular working days of the delivery of the decision. If the decision of the supervisor or superintendent is not delivered within the time limits herein provided, the grievance may be appealed directly to step three of the grievance procedure.
(b) Thereupon the appeal shall be placed upon an agenda for consideration at the conference next following between the human resources manager and the local negotiating committee of the appropriate local. A conference shall be arranged, not more often than once per calendar week, between the human resources manager and the local negotiating committee of the appropriate local for the consideration of appeals so appearing on the agenda for that conference, providing there is an agenda. The agenda, if any, shall be supplied by the appropriate local to the human resources manager at least two (2) regular working days before the day of the conference at which the appeals listed thereon are to be discussed.
(c) Management's decision on appeals taken up at a conference shall be in writing, and shall be delivered to the appropriate chairperson not later than the 3rd regular working day following the day upon which the conference is held (step three). A copy of such decisions shall be delivered to the president of the appropriate local.
(a) If management's decision is not satisfactory to the employee concerned, written notice of appeal signed by the employee may be served on the appropriate human resources manager within thirty (30) calendar days of the delivery of the decision, appealing therefrom to the umpire (step four).
(b) Not less frequently than once every three (3) months, unless otherwise arranged by the parties, the appropriate local and the company shall review the grievances on appeal at step four. In the course of this review, the parties shall endeavour to resolve those grievances which can be settled without resorting to the umpire.
(c) Prior to settling a list of appeals to be allocated to the umpire, the appropriate local and the company shall request a further review by the national union and the central labour affairs staff of the company of the grievances which have not been resolved in the course of the review described in section 11.07 (b). The president of the appropriate local and the chairperson concerned with the grievances under review, along with the human resources manager and the labour relations supervisor concerned may participate in this review.
(d) From time to time the appropriate local and the company shall settle lists of appeals to be allocated to the umpire as provided in appendix 'E' by selecting appeals from the grievances remaining unresolved following the review described in section
(a) The impartial umpire shall be a person jointly selected by the parties and shall continue to serve only so long as he/she continues to be acceptable to both parties. For employees in the province of Alberta, in the event that the parties are unable to agree on the person to be selected as Umpire within the period of five days after either party has proposed a person to act as Umpire, the Minister of Labour for Alberta will be requested to designate the Umpire. The Umpire so designated shall be a jurist of repute in that province.
(b) The parties have agreed on rules of procedure to govern appeals to the umpire. The rules are set out in appendix 'E' to this agreement.
(c) It shall be the obligation of the umpire to the company and the union to rule on cases heard by him/her within thirty (30)
11.09 The decision of the umpire shall be final and binding.
11.10 The umpire shall not alter, add to, subtract from, modify or amend any part of this agreement.
11.11 Subject to any law or any regulation having the force of law, scales of wages and classifications may be the subject of a supplementary agreement, and unless otherwise provided therein, the umpire hereunder shall have no jurisdiction in relation to such scales and classifications; but this shall not affect his/her jurisdiction over the matter of the application to any employee of such classifications as may from time to time be in effect.
11.12 The expense of the umpire, if any, shall be borne in equal shares by the company and the appropriate local. The shares shall be paid directly to the umpire by each.
11.13 An employee appearing before the umpire on the hearing of his/her appeal shall, if his/her grievance is sustained by the umpire, be paid by the company at his/her regular hourly wage rate for such time so expended by him/her at the hearing as may be certified by the umpire to have been reasonably necessary for the purpose of such hearing provided this shall not be construed as obligating the company so to pay employees concerned in a group grievance, save to the number of such employees whose evidence given at the hearing the parties agree is essential to the proper hearing of the appeal. Arrangements may be made between the company and the appropriate local for the cheque covering such payment to be sent to the president of the appropriate local for delivery to the employee entitled to such payment.
11.14 In the event of an appeal to an umpire under this article, a full-time official of the union will, on request made to the human resources manager or parts distribution centre manager, be permitted to view any operation in the plant or parts distribution centre which is to be the subject of review by the umpire in the hearing before him/her on such appeal.
11.15 In the absence or inability to act of the company representatives referred to throughout the grievance procedure, the company may act through nominees of the respective representatives.
11.16 The grievance procedure hereinbefore prescribed shall apply to a grievance lodged by a group of employees, save that an appeal on a group grievance shall not be rejected on the ground of lack of signature by the employees alleging the grievance, provided one such employee signs each notice of appeal.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
General Grievance Procedure. 11.01 9.01 No grievance shall be considered which usurps the function functions of management; management provided that the question of whether or not the subject matter of the grievance comes within this provision may itself be carried through the grievance procedure as part of the grievance and determined accordingly.
11.02 The (a) If an employee is a member of the union, the consent of the appropriate representative of the appropriate local union must be obtained prior to the initial presentation of any grievance and or to the filing of each appeal to the next step in the grievance procedure.
(ab) The best efforts If an employee is not a member of the company and union representatives concerned shall union, then any step in the grievance procedure hereinafter set out may be employed in resolving a grievance at each taken by him/her directly with the appropriate representative of management or through his/her committeeperson or the chairperson of the following steps of the grievance procedurenegotiating committee.
(b) 9.03 The decision of management at each step of the grievance procedure will be delivered to the appropriate representative of the appropriate localunion if the grievance has been lodged through representatives of the union or directly to the employee concerned if under the provisions of section 9.02(b) he/she has lodged the grievance personally.
(a) Any employee, employee having a grievance, including a grievance respecting his/her salary, may present it in writing to his/her supervisor or superintendent department manager on forms to be supplied by the company on request of the employee or his/her xxxxxxx or committeeperson (the Oakville skilled trades chairperson in the case of an employee employed on the day shift in one of the trades listed in appendix 'H')committeeperson, without enquiry inquiry on the part of the company as to why such form is requested by or on behalf of the employee.
(b) . The supervisor or superintendent department manager shall deal with the grievance and shall deliver his/her decision in writing as soon as possible (step one)writing, but in any event not later than the 2nd fifth regular working day next following the day upon which he/she receives the grievance.. (Step one)
(cb) The company may, however, at its discretion decline to consider any grievance which is lodged more than tenten (10) working days after the cause of the grievance should have become known to the employee.
(a) If the decision of the department manager be not satisfactory to the employee concerned, an appeal there from may be lodged in writing and signed by the employee with the human resources manager within three (3) regular working days of delivery of the decision.
(b) Thereupon if the appeal has been lodged through the chairperson of the negotiating committee, the appeal shall be placed upon an agenda for consideration at the conference next following between the human resources manager and the negotiating committee. A conference shall be arranged not more often than once per calendar week between the human resources manager and such committee for the consideration of appeals so appearing on the agenda for that conference, providing there is an agenda. The agenda, if any, shall be supplied by the union to the human resources manager at least twenty-four (24) hours before the conference at which the appeals listed thereon are to be discussed.
(c) Management's decision on appeals taken up at a conference shall be in writing and shall be delivered to the chairperson of the negotiating committee not later than the third regular working day next following the day upon which the conference is held. (Step two)
(d) If the appeal from the decision of the department manager has been lodged by the employee independently of the negotiating committee, then the human resources manager shall
9.06 In respect to all grievances other than those dealing with an employee's individual salary, the following procedure shall apply:
(a) If management's decision is not satisfactory to the employee concerned, written notice of appeal signed by the employee may be served on the human resources manager within four (4) regular working days of the delivery of the decision appealing therefrom to an umpire. (Step three)
(a) The impartial umpire shall be a person jointly selected by the parties and shall continue to serve only so long as he/she continues to be acceptable to both parties.
(b) The parties have agreed on rules of procedure to govern appeals to the umpire. The rules are set out in appendix 'D' to this agreement.
(c) It shall be the obligation of the umpire to the company and the union to rule on cases heard by him/her within thirty (30) days after the hearing. Priority shall be given to deciding discharge cases. If, for good and proper reasons additional time is required, the umpire may request an extension of the time limits set forth above by the parties and a reasonable extension thereof shall be granted.
9.08 The decision of the umpire shall be final and binding.
9.09 The umpire shall not alter, add to, subtract from, modify or amend any part of this agreement. This shall not prevent him/her from setting aside or modifying a penalty which he/she considers to be unjust or unreasonable.
9.10 Subject to any law or any regulation having the force of law, scales of salaries and classifications may be the subject of a supplementary agreement and unless otherwise provided therein, the umpire hereunder shall have no jurisdiction in relation to such scales and classifications, but this shall not affect his/her jurisdiction over the matter of the application to any employee of such classifications as may from time to time be in effect.
9.11 The expense of the umpire, if any, shall be borne in equal shares by the company and the union, or, if a grievance has been appealed to the umpire by an employee who is not a member of the union without the consent of the union, such expense shall be borne in equal shares by the company and the employee concerned. The shares shall be paid directly to the umpire by each.
9.12 An employee appearing before the umpire on the hearing of his/her appeal shall, if his/her grievance is sustained by the umpire, be paid by the company at his/her regular rate for such time so expended by him/her at the hearing as may be certified by the umpire to have been reasonably necessary for the purpose of such hearing, provided this shall not be construed as obligating the company so to pay employees concerned in a group grievance, save to the number of such employees whose evidence given at the hearing the parties agree is essential to the proper hearing of the appeal.
9.13 In the event of an appeal to an umpire under this article, a full time official or representative of the union or of the national union will, on request made to the human resources manager, be permitted to view any office operation which is to be the subject of review by the umpire in the hearing before him/her on such appeal.
9.14 The union shall be notified in writing by the company of any grievance taken up by an employee in the bargaining unit directly with his/her department manager or other relevant representative of management and also of the decision of management thereon.
9.15 In the absence or inability to act of the company representatives referred to throughout the grievance procedure, the company may act through nominees of the respective representatives.
9.16 The grievance procedure hereinbefore prescribed shall apply to a grievance lodged by a group of employees, save that an appeal on a group grievance shall not be rejected on the ground of lack of signature by the employees alleging the grievance, provided at least two such employees sign each notice of appeal.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
