GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:
Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance.
Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal.
Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received.
28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration.
28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4.
28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shal...
GRIEVANCE AND ARBITRATION. Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)
GRIEVANCE AND ARBITRATION. 26.01 The Parties being aware of the high cost of Arbitration agree that they may wish to utilize professional Alternative Dispute Resolution Procedures as are available through the Province of Nova Scotia or from other sources. Both Parties agree to use their best efforts to implement Alternative Dispute Resolution Procedures as appropriate in the resolution of disputes.
26.02 Failing settlement, the grievance shall be settled by Arbitration. The Arbitrator shall be as agreed between the Parties. Failing agreement either Party may utilize the provisions of Section 107 of the Trade Union Act.
GRIEVANCE AND ARBITRATION. The parties agree that the decision or award of the arbitrator shall be final and binding on each of the parties and that they will abide thereby, unless the award is vacated pursuant to statute. The power of the arbitrator in this process shall be limited to determine whether the policy, procedure, or rule is unreasonable. If the arbitrator's ruling is that the policy, procedure, or rule is unreasonable, the Agency shall immediately withdraw the policy, procedure or rule.
GRIEVANCE AND ARBITRATION. Each Party may go forward with only one (1) class. Each Party may choose to take to arbitration either the current class, class appealed to, or an alternate class identified by a committee member. The Parties will agree upon a permanent appointment of one (1) arbitrator to hear grievances arising from this Article. This arbitrator shall have special qualifications to hear these matters; however, each side retains the right to initiate a change in that assignment upon notice to the other side. The change in the assigned arbitrator shall be effective for any case not yet scheduled for arbitration. The arbitrator shall allow the decision of the Agency to stand unless he/she concludes that the proposed classification more accurately depicts the overall assigned duties, authority, and responsibilities using the criteria specified in Section 1. In the event the arbitrator finds in favor of the proposed or alternate classification, management retains the right to, on a timely basis, adjust duties consistent with its current classification.
GRIEVANCE AND ARBITRATION. Section 1. If any differences, disputes, or complaints arise over the interpretation or application of the contents of this Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following steps:
(1) The Xxxxxxx representing the Local Union and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue.
(2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours.
(3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitration. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator.
(4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees.
(5) The expense of the arbitrator shall be borne by the losing party.
(6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions:
(a) Where a party refuses to process a dispute under the terms of this Article.
(b) Where a party refuses to abide by an award or decision of the arbitrator.
(c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments.
(d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.
GRIEVANCE AND ARBITRATION. For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the shall notify the employee of this right in advance. Where the deems it necessary to suspend or discharge an employee, the shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence:
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or claim (herein, collectively, a “grievance” or “grievances”) between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than sixty (60) business days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Employer and the WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within thirty (30) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within forty (40) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. No award in any such arbitration shall be retroactive to a date more than ninety (90) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the Employer, the WGAE, and/or the represented bargaining unit employee(s); and the costs of the arbitration (e.g., arbitrator’s fee, filing fees) shall be borne equally by the Employer and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
GRIEVANCE AND ARBITRATION. 30.01 The parties agree to use every reasonable effort to encourage the informal, amicable, and prompt resolution of grievances arising from the administration, interpretation or application of this Agreement.
30.02 All written communications pursuant to the Article shall be by registered mail or receipted delivery.
GRIEVANCE AND ARBITRATION. A grievance is hereby defined to mean a dispute involving the meaning, interpretation, or application of this contract. An employee and/or the Union may request the settlement of a grievance by observing the following procedure:
Step 1 The grievance shall be presented in written form to the Superintendent or his/her designee within ten (10) working days of the occurrence of the event upon which the grievance is based. The grievance shall specify the sections of the contract involved. The Superintendent or his/her designee shall give his/her answer within five (5) working days after the presentation of the grievance. If there is no answer within five (5) working days, the grievance is deemed denied.
Step 2 If the grievance is not satisfactorily settled at Step 1, it shall be submitted within ten (10) working days after the expiration of Step 1 to the Superintendent of Schools, who shall give a written answer within five (5) working days. If there is no answer within five (5) working days, the grievance is deemed denied.
Step 3 If the grievance is not satisfactorily settled at Step 2, it shall be referred to the School Committee to be considered at its next regular business meeting or within thirty (30) days after the expiration of Step 2, whichever is later. If the grievance is not satisfactorily settled at Step 3, the parties may submit it for arbitration in accordance with the voluntary arbitration rules of the American Arbitration Association. Arbitration shall consist of one (1) grievance only, unless the parties shall mutually agree otherwise. The decision of the Arbitrator appointed or selected in accordance with the rules and regulations of the American Arbitration Association shall be final and binding upon all parties, if supported by substantial evidence and in conformity with the contract. Any grievance hereunder which is not processed within the foregoing time limits and in accordance with the foregoing procedures is deemed waived and may not be submitted to arbitration. Such arbitration mentioned in this section shall be limited to the grievance under arbitration. The cost of such arbitration is to be shared equally between the parties.
