GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 136 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor an xxxxxxx effort shall be made to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten
Appears in 50 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 30 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 9.01 The parties to this agreement believe Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible as provided possible. It is understood that a Nurse has no grievance until they have first discussed their complaint with their Nurse Manager and the matter has not been resolved. In computing the days for herein. The employee taking any action or Union giving any notice, Saturdays, Sundays or holidays shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunitynot be counted.
8.02 In all steps of this 9.02 A formal grievance procedure is defined as an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the provisions Article(s) of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences Collective Agreement and must be filled within ten (10) days of the occurrencecircumstances giving rise to the grievance.
9.03 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a Nurse is being investigated, a Nurse is entitled to be represented by their Union Representative. In the case of suspension or discharge, the Employer shall notify the Nurse of this right in advance. The Nurse will be informed of the nature of the meeting and the Union will be given as much advance notice as possible.
9.04 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee may submit a grievance in writing to their immediate supervisor or designate who shall give their decision within seven (7) days of receipt of the grievance. If further action the grievance is not satisfactorily resolved at Step #1, the employee may submit the written grievance to the Executive Director or their designate within seven (7) days following the decision in Step #1. A meeting will be taken, then held between the Employer and the grievance committee within ten (10) days of the discussion, referral. It is agreed that a staff representative of the employee, who Union may request be present at the meeting and that the Employer may have such counsel and assistance of her Union Representative and/or Labour Relations Officer, shall submit as it may desire at the written grievance to the Administrator or designatemeeting. A meeting The Employer’s decision will be held between the parties delivered within ten seven (10) days. The Administrator shall give a written decision within ten (107) days of the meeting meeting. An employee is entitled to be represented by a Union representative or another available bargaining unit member of the employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.
9.05 A claim by a Nurse who has completed their probationary period, that they have been unjustly discharged or suspended, shall be treated as a grievance if a written statement of such grievance is lodged by the Nurse with the Employer at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. The release of a probationary Nurse for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the Bargaining Unit President grievance procedure unless the probationary Nurse is released for:
(a) Reasons which are arbitrary, discriminatory or her designate in bad faith.
(b) Exercising a right under this Agreement. The Employer agrees to provide a probationary Nurse with written reasons for their release within seven (7) days of such release. A claim by a copy probationary Nurse that they have been unjustly released shall be treated as a grievance, provided the Nurse is entitled to grieve, if a written statement of such grievance is lodged by the Labour Relations Officer. Should Nurse with the Administrator fail Employer at Step 2 within seven (7) days after the date the release is effective.
9.06 Where a number of Nurses have identical grievances and each Nurse would be entitled to render his decision or failing settlement of any grieve separately, they may present a group grievance under the foregoing procedure, including any questions as in writing signed by each Nurse who is grieving to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received management within ten (10) days after the decision under Step No. 1 is received, circumstances giving rise to the grievance shall be deemed having occurred or ought to have been settled or abandonedcome to the attention of the Nurse(s). The grievance shall then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
8.04 9.07 A written grievance will indicate arising between the nature of the grievance Employer and the remedy sought by Union concerning the grievor. Union grievances shall be set out on the union grievance form. Alternatelyinterpretation, the parties may agree to an electronic version application, administration or alleged violation of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures Collective Agreement may be extended only by written, mutual consent of submitted in writing at Step #2 within ten (10) days following the parties. Should the Employer not respond within the time limit(s) fixed, such failure circumstances giving rise to respond shall be deemed to be a denial of the grievance. Should It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a Nurse or Nurses, which such Nurse(s) could have themselves instituted and the regular grievance procedure shall not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedthereby bypassed.
Appears in 18 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten
Appears in 17 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten
Appears in 13 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 9.01 The parties to this agreement believe Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible as provided possible. It is understood that a Nurse has no grievance until she/he has first discussed her/his complaint with her/his Nurse Manager and the matter has not been resolved. In computing the days for herein. The employee taking any action or Union giving any notice, Saturdays, Sundays or holidays shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunitynot be counted.
8.02 In all steps of this 9.02 A formal grievance procedure is defined as an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the provisions Article(s) of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences Collective Agreement and must be filled within ten (10) days of the occurrencecircumstances giving rise to the grievance.
9.03 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a Nurse is being investigated, a Nurse is entitled to be represented by her/his or his Union Representative. In the case of suspension or discharge, the Employer shall notify the Nurse of this right in advance. The Nurse will be informed of the nature of the meeting and the Union will be given as much advance notice as possible.
9.04 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee may submit a grievance in writing to her/his immediate supervisor or designate who shall give her/his decision within seven (7) days of receipt of the grievance. If further action the grievance is not satisfactorily resolved at Step #1, the employee may submit the written grievance to the Executive Director or her/his designate within seven (7) days following the decision in Step #1. A meeting will be taken, then held between the Employer and the grievance committee within ten (10) days of the discussion, referral. It is agreed that a staff representative of the employee, who Union may request be present at the meeting and that the Employer may have such counsel and assistance of her Union Representative and/or Labour Relations Officer, shall submit as it may desire at the written grievance to the Administrator or designatemeeting. A meeting The Employer’s decision will be held between the parties delivered within ten seven (10) days. The Administrator shall give a written decision within ten (107) days of the meeting meeting. An employee is entitled to be represented by a Union representative or another available bargaining unit member of the employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.
9.05 A claim by a Nurse who has completed her/his probationary period, that she/he has been unjustly discharged or suspended, shall be treated as a grievance if a written statement of such grievance is lodged by the Nurse with the Employer at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. The release of a probationary Nurse for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the Bargaining Unit President grievance procedure unless the probationary Nurse is released for:
(a) Reasons which are arbitrary, discriminatory or her designate in bad faith;
(b) Exercising a right under this Agreement. The Employer agrees to provide a probationary Nurse with written reasons for her/his or his release within seven (7) days of such release. A claim by a copy probationary Nurse that she/he has been unjustly released shall be treated as a grievance, provided the Nurse is entitled to grieve, if a written statement of such grievance is lodged by the Labour Relations Officer. Should Nurse with the Administrator fail Employer at Step 2 within seven (7) days after the date the release is effective.
9.06 Where a number of Nurses have identical grievances and each Nurse would be entitled to render his decision or failing settlement of any grieve separately, they may present a group grievance under the foregoing procedure, including any questions as in writing signed by each Nurse who is grieving to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received management within ten (10) days after the decision under Step No. 1 is received, circumstances giving rise to the grievance shall be deemed having occurred or ought to have been settled or abandonedcome to the attention of the Nurse(s). The grievance shall then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
8.04 9.07 A written grievance will indicate arising between the nature of the grievance Employer and the remedy sought by Union concerning the grievor. Union grievances shall be set out on the union grievance form. Alternatelyinterpretation, the parties may agree to an electronic version application, administration or alleged violation of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures Collective Agreement may be extended only by written, mutual consent of submitted in writing at Step #2 within ten (10) days following the parties. Should the Employer not respond within the time limit(s) fixed, such failure circumstances giving rise to respond shall be deemed to be a denial of the grievance. Should It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a Nurse or Nurses, which such Nurse(s) could have herself/himself instituted and the regular grievance procedure shall not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedthereby bypassed.
Appears in 13 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor an xxxxxxx effort shall be made to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 12 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 8 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays.
Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City.
8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought.
Section 4. Grievances shall be processed in the following manner:
Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department=s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The City will not sustain a grievance prosecuted by an individual employee who has not requested the Union to pursue the grievance or participate in the grievance, without consulting with the Union, and any remedy granted to said employee will not have precedential value with respect to future disputes involving other employees in the Bargaining Unit unless expressly agreed to by the Union. The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee.
Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Human Resources Director in writing, within five (5) working days from the date of decision in Step 1. Upon such written notification, the Human Resources Director shall arrange for a hearing before the Personnel Board within thirty (30) working days from the date of request for a hearing before the Personnel Board. If no there is a request to take the grievance to arbitration, the following procedure in the Sections stated below shall be followed, and the Human Resources Director shall arrange, either through the City Attorney=s Office or through the Director=s office, to select an arbitrator with the Union or its representative.
Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon.
Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten
Appears in 7 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The 1. In a mutual effort to provide a harmonious working relationship between the parties to this agreement believe Agreement, it is important to adjust complaints agreed and grievances understood that there shall be a procedure for the resolution of grievances. Grievances are defined as quickly as possible as provided for hereindifferences involving the application or interpretation of this Agreement. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 is not available for settlement of complaints where the grievance procedure grievant does not assert a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the some specific provision or provisions of this Agreement.
2. Time is considered to be of the essence for purposes of this Article. Accordingly, any grievance not submitted or processed by the employee or Union Representative grieving party in accordance with the time limits provided below shall be considered conclusively abandoned. Any grievance not answered by the College within the time limits provided below will bring it automatically advance to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature next higher step of the grievance and the remedy sought by the grievorprocedure. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, written mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond Grievances shall be deemed presented in the following manner:
Step 1: In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, he/she may, within twenty (20) calendar days of the events which gave rise to the alleged grievance, reduce the grievance to writing and submit it to the employee’s supervisory Xxxx or Director, with a copy provided to Human Resources. The grievance shall be a denial signed by the employee and shall state: (a) the date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles and paragraphs of this Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The Xxxx or Director shall, within fourteen (14) working days after presentation of the grievance, render his/her decision on the grievance in writing to the grievant and the Union.
Step 2: If the grievance is not resolved at Step 1, or if no written disposition is made within the Step 1 time limits, the grievant shall have the right to appeal the Step 1 decision to the Vice President for Academic Affairs, Vice President for Workforce Development/ CTE, or Vice President for Student Affairs or his or her designee within ten (10) working days of the due date of the Step 1 response, with a copy provided to Human Resources. Should Such appeal must be accompanied by a copy of the original written grievance, and the written decision of the Xxxx or Director, if provided, together with a signed request from the grievant requesting that the Step 1 decision be reversed or modified. The Vice President, or his/her designee may conduct a meeting with the grievant and the grievant’s Union representative, if agreed upon by the parties. The Vice President or his/her designee shall, within fourteen (14) working days after the presentation of the grievance (or meeting, if conducted), render his/her decision on the grievance in writing to the grievant and the Union, with a copy provided to Human Resources.
Step 3: If the grievance is not resolved at Step 2, or if no written disposition is made within the Step 2 time limits, the grievant shall have the right to appeal the Step 2 decision to the President or his/her designee within ten (10) working days of the date of the issuance of the Step 2 decision. Such appeal must be accompanied by the filing of a copy of the original written grievance, and the written decision of the Vice President, together with a request signed by the grievant or their representative requesting that the Step 2 decision be reversed or modified. The President or his/her designee may conduct a meeting with the grievant and the grievant’s Union representative, if agreed upon by the parties. The President or his/her designee shall, within twenty-one (21) working days after the presentation of the grievance (or meeting, if conducted), render his/her decision in writing to the grievant and the Union, with a copy provided to Human Resources.
3. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the Union and the College, such grievance shall be presented in writing directly to the Vice Presidents within twenty (20) calendar days of the occurrence of the event(s) which gave rise to the grievance, with a copy provided to Human Resources. The grievance shall be in writing and shall be signed by the grievant or by the Union representative. The written grievance shall contain the detailed information set forth in Step 1 above. Any further processing of such grievances shall adhere to Step 3 of this Agreement.
4. In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, the grievant may request that the grievance be submitted to arbitration within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.fourteen
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in 5.01 To invoke the grievance and arbitration procedures set forth in this Article, an employee, a group of employees and/or the Association must comply with all the terms and provisions of this Article. A grievance is defined as a dispute an employee or group of employees or the Association may be extended only by writtenhave with the Board or the Board’s representatives relating to the interpretation, mutual consent application or alleged violation of the partiesexpress terms of this Agreement. Should A grievance from a group of employees or the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial Association must have arisen out of the same subject matter similarly affecting each member of said group to constitute a group grievance. Should a grievance .
5.02 Employees and groups of employees have the right to present grievances and have them adjusted without the intervention of the Association, as long as the adjustment is not be submitted within inconsistent with the various time limits specified in terms of this Agreement, unless mutually extendedand as long as the Association has the opportunity to be present at the adjustment, as provided in Section 4117.03(A) (5) of the Ohio Revised Code. An employee who has a grievance or a representative of a group of grievants shall have the right to have another employee of the Board present at the hearing at all steps of the grievance procedure. An employee who has a grievance or a representative of a group of grievants or the Association if it has a grievance shall also have the right to have a non-employee Association representative present at any hearing at any step of the grievance or arbitration procedure. The Board representative at any step of the grievance or arbitration procedure shall have the right to have another Board representative present at any hearing. Additional persons may be asked to be present at any grievance or arbitration hearing.
5.03 An xxxxxxx effort shall be considered made to have been settled adjust grievances promptly and in the following manner and order, except that a grievance may be filed at the Second Step instead of the First Step, when the subject of the grievance is not within the responsibility or abandonedcontrol of the building principal or designee who would hear the grievance in the First Step.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it Section 1. A grievance is important to adjust complaints and grievances defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, any Employee covered by this Agreement or between the Union and the Employer concerning the application or interpretation of any term or condition of this Agreement as well as the claims set forth in Section 12 below.
Section 2. The Union may file a grievance directly with the Employer and if the Uniongrievance is not resolved, as then the Union or the Employer may refer the grievance to the interpretationJoint Conference Committee. To be timely filed, application, administration or a grievance must be filed in writing within fourteen (14) calendar days of the occurrence of the alleged violation of any of the provisions of this Agreement, excluding violations found through an audit.
Section 3. A grievance involving an employee may be taken up by the employee Union Xxxxxxx directly with the Employer's Representative. If the Union and the Employer are unable to resolve the grievance, then the Employer or the Union Representative will bring it may submit the grievance to the attention Joint Conference Committee.
Section 4. A Joint Conference Committee shall be established under the Collective Bargaining Agreement between the Southern California Glass Management Association and the Union. The Association and the Union shall each appoint three (3) Representatives to constitute the Joint Conference Committee. Each Employer signed to this Agreement agrees to accept the jurisdiction of the immediate supervisor to settle such differences Joint Conference Committee and be bound by a procedures and determination and awards made by the Joint Conference Committee regarding any dispute or grievance under this Agreement.
Section 5. The Joint Conference Committee shall meet within ten (10) days after a grievance or dispute has been submitted to the Committee by either the Employer or the Union.
Section 6. Following the appointment of the occurrence. If further action is members to be takenthe Committee, then within ten (10) days the Committee shall select a Chairman and a Secretary to serve during the term of the discussionAgreement, or until replaced by the action of the Committee. Either the Union or the Association may appoint, at any time, an alternate member to act in the place of a regular member of the Committee.
Section 7. Upon a grievance or dispute being referred to the Joint Conference Committee, the employeeCommittee shall call a meeting as required by this Article, who and hold a hearing regarding the grievance of dispute. The Joint Conference Committee shall notify both parties as to the grievance or dispute and specify the nature of the grievance or dispute and of their right to present witnesses
Section 8. In the event the Joint Conference Committee cannot reach a decision, either the Union or the Employer may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance of dispute to the Administrator or designatearbitration. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent Any party desiring to submit the matter for dispute or grievance to arbitration is received must notify the Secretary of the Committee, in writing, that the party desires to proceed to arbitration within ten (10) days after the meeting or notice by the Committee that a decision under Step Nohas not been reached. 1 is receivedUpon such a request, the grievance Joint Conference Committee shall select an impartial arbitrator. In the event the parties are unable to agree upon an impartial arbitrator, they shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons qualified to act as the impartial arbitrator. Upon receiving the list, the Employer and the Union shall select an arbitrator within five (5) days after receipt of the list by striking three (3) names from the list. The party to strike first from the list will be selected by lot.
Section 9. The impartial arbitrator shall hold a hearing as soon as practicable, and following the conclusion of the hearing shall issue an award which shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate final and binding upon the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. AlternatelyUnion, the parties may agree to an electronic version of this form Employer, the Association and a process for signing.
8.05 Time limits fixed any employees involved in the grievance and arbitration procedures may be extended only by written, mutual consent or dispute. The arbitrator shall render his award within thirty (30) days after the conclusion of the hearing.
Section 10. All expenses of the arbitration, including the fees of the arbitrator, and the cost of any transcript, shall be paid equally by both parties. Should either party request a copy of the transcript of the hearing, the requesting party shall incur the cost of the transcript.
Section 11. The arbitrator shall have no authority to modify, amend, revise, add to, or subtract from any of the terms or conditions of this Agreement.
Section 12. The following claims and claims for associated penalties shall be resolved exclusively through the procedures set forth in this Article Five, and shall not be xxxxxx in a court of law or before any administrative agency such as the California Labor Commissioner: all claims arising under the Fair Labor Standards Act, the California Labor Code and the Industrial Welfare Commission Wage Order 16.
Section 13. In the event of a failure by an Employer to comply with any award or decision of the Joint Conference Committee or an impartial arbitrator, then the Union need not proceed through the
Section 14. In the event the Union takes economic action concerning the enforcement of the Agreement regarding the Employer's payment of wages or fringe benefits, including contributions to any Trust Funds, or an award of the Joint Conference Committee, or an arbitrator, then the Employer shall be liable to pay the wages and fringe benefits lost by each employee due to the strike called by the Union in order to enforce the Agreement up to a maximum of two (2) weeks. The amount of wages and fringe benefits to be paid to such employees shall be equal to the amount of wages and fringe benefits the employees would have earned if they had not respond within been called off the time limit(sjob up to a maximum of two (2) fixedweeks, such based on the Employer's failure to respond shall be deemed to be comply with a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this AgreementJoint Conference Committee, unless mutually extended, it shall be considered to have been settled or abandonedan arbitrator's award.
Appears in 4 contracts
Samples: Master Labor Agreement, Master Labor Agreement, Master Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances 4-1 A grievance shall be defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to regarding the interpretation, application, administration application or alleged violation of any of:
(a) Any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention ;
(b) Any of the immediate supervisor to settle such differences within ten (10) days policies or regulations of the occurrence. If further action is School District which directly relate to be taken, then within ten (10) days those mandatory subjects of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatebargaining as outlined in NRS 288.150(2). A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred filed by an administrator of the School District covered by this Agreement, or by the Association. A grievance shall not include any matter or action taken for which relief is granted by the Statutes of Nevada.
4-2 Grievances will be brought by individuals or groups of individuals who are directly affected by the nature of this dispute. Grievances may be initiated or pursued at any step and to arbitration any higher step by either partyCCASAPE. If no A grievance filed by the Association involving more than one (1) administrator in more than one (1) location may be commenced at Step Two of the Grievance and Arbitration Procedure by filing a written notice of intent to submit grievance.
4-3 A grievance as defined above must be filed in writing alleging which terms or provisions under which the matter for arbitration is received within ten dispute arises, and must be filed not later than twenty (1020) school days after the decision under Step Noaffected administrator or Association first knew or should have known of the act or condition upon which the grievance is based. 1 A school day shall be defined as a day in which a covered administrator is receivedrequired to be present on the job.
4-4 During all procedural steps, each of the parties to the grievance shall be deemed have access at reasonable times to have been settled or abandoned.
8.04 A all written grievance will indicate the nature of the grievance statements and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial records of the grievance. Should a All proceedings in any grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedconducted in private and full confidentiality shall be maintained.
4-5 In the event the grievance is between two (2) members of CCASAPE, the grievant will be represented by CCASAPE during the entire Grievance and Arbitration Procedure.
4-6 All grievances shall be handled in the following manner:
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Negotiated Agreement, Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The 19.1: In a mutual effort to provide a harmonious working relationship between the parties to this agreement believe Agreement, it is important to adjust complaints further agreed and understood by the parties that there shall be a procedure for the resolution of grievances between the parties and the procedures outlined in this Article shall be the exclusive procedures used for processing grievances involving the application or interpretation of the Agreement (i.e., non-disciplinary matters) and grievances involving termination, demotion, suspension, or written reprimand taken against a member of the Bargaining Unit who is covered by this Agreement, except for the allegations of employment discrimination as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunityspecified in Article 7.
8.02 In all 19.2: Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should either party fail to observe the time limits as set out in the steps of this Article, the grievance procedure an aggrieved employeewill automatically be processed to the next step of the procedure. However, if she so desires time limits may be accompanied modified by mutual written agreement between the parties.
19.3: All reference to “days” stated in this Article shall mean calendar days.
19.4: Grievances not related to suspensions, demotions, or represented terminations (i.e., grievances concerning written reprimands or the application or interpretation of this Agreement) shall be processed in the following manner and every effort shall be made by her Union Representative. At the parties to secure the prompt disposition of such grievances.
Step 1 1: The member shall first take up a grievance with the immediate supervisor within ten (10) days after the employee has knowledge or should have had knowledge of the event(s) which gave rise to the grievance. Such meeting between the member and the immediate supervisor shall be on an informal and oral basis.
Step 2: Any grievance procedure which cannot be satisfactorily settled with the immediate supervisor shall be reduced to writing and signed by the member or a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer PBA and an employee, or between the Employer and the Union, as submitted to the interpretation, application, administration Chief of Police or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences designee within ten (10) days of the occurrenceStep 1 meeting. If further action is to The grievance shall be takendiscussed in a meeting by and between the member, then a representative of the PBA and the Chief of Police within ten five (105) days of from submitting the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysin writing. The Administrator Chief of Police shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after this meeting, render the decision under in writing, with a copy to the PBA.
Step No3: In the event the member is not satisfied with the disposition of the grievance in Step 2, the member or the PBA shall have the right to appeal the Chief of Police’s decision to the City Manager or designee within ten (10) days from the date of receipt of the Chief of Police’s written decision. 1 Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the member and a representative of the PBA, requesting that the Chief of Police’s decision be modified or reversed. The City Manager or designee shall, within ten (10) days from the filing of such appeal, render a decision in writing to the employee with a copy of the decision to the representative of the PBA.
19.5: If the grievance is receivedin response to a disciplinary action, except as described in Section 19.6: below, the employee shall present the grievance directly to the individual issuing the discipline, which may result in prior steps being bypassed.
19.6: Where a grievance is general in nature, in that it applies to a number of members rather than a single member, such grievance shall be presented by the PBA in writing directly to the Chief of Police, within the time limits provided for the submission of a grievance in Step 1.Thereafter, the grievance shall be deemed to have been settled or abandonedprocessed in accordance with the procedures set forth in Step 3.
8.04 A written 19.7: This grievance will indicate procedure shall be the nature sole and exclusive method of resolving any dispute concerning non-disciplinary matters regarding the interpretation or application of any provision of this Agreement or any disciplinary matter involving termination, suspension or demotion taken against any member covered by this Agreement.
A. In the event the grievance procedure is utilized to pursue a grievance over a disciplinary matter concerning a member’s termination, suspension or demotion, the grievance shall be filed directly with the City Manager at Step 3 of the grievance procedure, within the same time limits as for the initial filing of a grievance at Step 1, and the remedy sought arbitration procedure set forth below shall also apply.
B. In the event the grievance procedure is utilized to pursue a grievance regarding any non-disciplinary matter (i.e., an interpretation or application of any provision of this Agreement), the PBA shall have the exclusive right to take such grievances to arbitration, and the City shall not be obligated to proceed to arbitration on any non-disciplinary matters for which the employee is not represented by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingPBA.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The 1. In a mutual effort to provide a harmonious working relationship between the parties to this agreement believe Agreement, it is important to adjust complaints agreed and grievances understood that there shall be a procedure for the resolution of grievances. Grievances are defined as quickly as possible as provided for hereindifferences involving the application or interpretation of this Agreement. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 is not available for settlement of complaints where the grievance procedure grievant does not assert a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the some specific provision or provisions of this Agreement. Nothing in this article shall require the Union to process grievances for bargaining unit members who are not members of the Union.
2. The grievance procedure cannot be used by the Union or any employee to dispute a decision by the College not to renew the contract of an employee on annual contract, or to dispute a decision by the employee College not to award a continuing contract.
3. Time is considered to be of the essence for purposes of this Article. Accordingly, any grievance not submitted or Union Representative processed by the grieving party in accordance with the time limits provided below shall be considered conclusively abandoned. Any grievance not answered by the College within the time limits provided below will bring it automatically advance to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature next higher step of the grievance and the remedy sought by the grievorprocedure. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, written mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond Grievances shall be deemed presented in the following manner:
Step 1: In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, he/she may, within ten (10) working days of the events which gave rise to the alleged grievance, reduce the grievance to writing and submit it to the Xxxx or Director, with a copy provided to Human Resources. The grievance shall be a denial signed by the employee and shall state: (a) the date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles and paragraphs of this Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The Xxxx or Director shall, within fourteen (14) working days after presentation of the grievance, render his/her decision on the grievance in writing to the grievant and the Union.
Step 2: If the grievance is not resolved at Step 1, or if no written disposition is made within the Step 1 time limits, the grievant shall have the right to appeal the Step 1 decision to the Xxxxxxx or his/her designee within ten (10) working days of the due date of the Step 1 response. Should Such appeal must be accompanied by a copy of the original written grievance, and the written decision of the Xxxx or Director, if provided, together with a signed request from the grievant requesting that the Step 1 decision be reversed or modified. The Xxxxxxx or his/her designee may conduct a meeting with the grievant and the grievant’s Union representative, if agreed upon by the parties. The Xxxxxxx or his/her designee shall, within fourteen (14) working days after the presentation of the grievance (or meeting, if conducted), render his/her decision on the grievance in writing to the grievant and the Union.
Step 3: If the grievance is not resolved at Step 2, or if no written disposition is made within the Step 2 time limits, the grievant shall have the right to appeal the Step 2 decision to the President or his/her designee within ten (10) working days of the date of the issuance of the Step 2 decision. Such appeal must be accompanied by the filing of a copy of the original written grievance, and the written decision of the Xxxxxxx, together with a request signed by the grievant or their representative requesting that the Step 2 decision be reversed or modified. The President or his/her designee may conduct a meeting with the grievant and the grievant’s Union representative, if agreed upon by the parties. The President or his/her designee shall, within twenty-one (21) working days after the presentation of the grievance (or meeting, if conducted), render his/her decision in writing to the grievant and the Union.
4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the Union and the College, such grievance shall be presented in writing directly to the Xxxxxxx within ten (10) working days of the occurrence of the event(s) which gave rise to the grievance. The grievance shall be in writing and shall be signed by the grievant or by the Union representative. The written grievance shall contain the detailed information set forth in Step 1 above. Any further processing of such grievances shall adhere to Step 3 of this Agreement.
5. In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, the grievant may request that the grievance be submitted to arbitration within fourteen (14) working days after the various time limits specified President renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. The party requesting arbitration shall request the American Arbitration Association to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in this Agreementalternating fashion, unless mutually extendedthus leaving the seventh (7th) name, it shall be considered to have been settled which will give a neutral or abandoned.impartial arbitrator. Each party may reject two
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays.
Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City.
8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought.
Section 4. Grievances shall be processed in the following manner:
Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee.
Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Personnel Director in writing, within five (5) working days from the date of decision in Step 1. If no Upon such written notification, the Personnel Director shall arrange for a hearing before the Personnel Board within thirty (30) working
Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon.
Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties 6.01 It is agreed that it is the spirit and intent of this Agreement to adjust grievances promptly. Either Party to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this Agreement may lodge a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as relating to the interpretation, application, application or administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions question as to whether a matter is arbitrable.
6.02 Any dispute or grievance affecting or arising out of the interpretation or administration of this Collective Agreement shall be adjusted, if possible, by negotiations between appointed Representatives of the Employer and the Union. Such grievance must be presented within five (5) working days of knowledge of the initial occurrence giving rise to the grievance, save and except grievances concerning fringe benefits where no such time limits apply. Grievances dealing with alleged violations pertaining to: hours of work; rate of pay; overtime; vacation pay and holiday pay; shift premium; travel expenses; room and board
6.03 The Union having a grievance shall, in the first instance, present the grievance may be referred orally or in writing to arbitration by either party. If no written notice of intent the Employer or the Employer’s Representative in an attempt to submit settle the matter for arbitration is received within ten (10) days after the decision under Step Noin dispute amicably. 1 is received, the grievance An answer shall be deemed to have been settled given by the Employer or abandoned.
8.04 A written grievance will indicate the nature Employer’s Representative within twenty-four (24) hours of the grievance and being presented, or the remedy sought next working day or such longer time as may be mutually agreed upon by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingParties.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent 6.04 Where a settlement is not reached as provided for in
6.05 The two nominees so selected shall within five (5) working days of the parties. Should appointment of the Employer not respond second of them, appoint a third Party who shall act as Chairman of the Arbitration Board.
6.06 If the recipient of the notice fails to appoint an Arbitrator or if the two appointees fail to agree on a Chairman within the time limit(s) fixedlimit set out herein, such failure to respond the appointment shall be
6.07 The Arbitration Board shall hear and determine the difference or differences between the Parties and shall issue a decision in writing, which decision shall be deemed to be a denial final and binding upon the Parties and upon the employees affected. The decision of the grievancemajority of the Board, and if there is no majority decision, the decision of the Chairman, shall govern. Should a grievance not However, it is understood that the authority of the Arbitration Board or the decision made by such Board is limited in that there shall be submitted within the various time limits specified in no alteration or addition to or subtraction from or modification or amendment to any part of this Agreement, unless mutually extended, it .
6.08 The fees and expenses of the Chairman shall be considered to have been settled borne one-half (1/2) by the Union and one-half (1/2) by the Employer. Any other costs or abandonedexpenses in connection with such arbitration shall be borne by the Party which incurs them.
Appears in 4 contracts
Samples: Provincial Concrete Sawing & Drilling Agreement, Provincial Concrete Sawing & Drilling Agreement, Provincial Concrete Sawing & Drilling Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The (a) If any differences, disputes, or complaints arise over the interpretation or application of the contents of this AGREEMENT, there shall be an xxxxxxx effort on the part of both parties to this agreement believe settle such promptly through the following steps:
Step 1. By conference between an official of the Union and the Employer. Step 2. In the event that Step No. 1 fails to settle satisfactorily the com plaint, it is important shall be referred to adjust complaints the Board of Arbitration.
(b) The Board of Arbitration shall consist of five (5) members — two to be desig nated by the Employer, two by the Union, and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at fifth by the first opportunity.
8.02 four. In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 the event that the first four arbitrators cannot agree upon the selection of the grievance procedure a representative of fifth, then the Ontario Nurses' Association may fifth shall be present at appointed, upon the request of either party, by any judge of the United States District Court for the Eastern District of Missouri.
8.03 Should (c) The decision of a majority of the Board of Arbitration shall be final and binding on the parties to this AGREEMENT, but such Board shall not be empowered to add to, detract from or alter the terms of this AGREEMENT in any dispute arise between way.
(d) The fee and expenses, if any, of the arbitrators selected by 'the Employer and an employeeby the Union shall be paid by the party making the selection. The fee and expenses of the fifth member of the Board of Arbitration shall be shared equally by the parties, or between and whatever other expenses are involved in the arbi tration hearing shall be shared equally by the parties.
(e) In case of dispute as to wages the Employer and agrees to submit to an author ized representative of the Union, as bona fide copies of employees’ social security records.
(f) At any step in this grievance procedure, the Executive Board of the Local Union shall have the final authority, in respect to any aggrieved employee covered by this AGREEMENT, to decline to process a grievance, complaint, difficulty or dispute further if in the judgment of the Executive Board such grievance or dispute lacks merit or lacks justification under the terms of this AGREEMENT to the interpretation, application, administration or alleged violation of any satisfaction of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandonedExecutive Board.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement Agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Resident Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association (Labour Relations Officer) may be present at the request of either party.. Discussion Stage
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor Director of Resident Care or designate to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Executive Director or designate. A meeting will be held between the parties within ten (10) days. The Administrator Executive Director shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Executive Director fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed), such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, Agreement it shall be considered to have been settled or abandoned.
8.06 Saturday, Sunday and designated paid holidays shall not be counted in determining the time within which any action is to be taken or completed under the grievance procedure.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties 7.01 If an employee has any complaint or grievance falling within the terms of this agreement, it shall be dealt with as follows:
(a) An employee or one designated member of a group having a complaint or grievance will take the matter up with his/her manager within five (5) working days of the date that the events giving rise to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinthe grievance were known or could reasonably have been known except in the case of a grievance regarding wages which have a time limit of 30 days. The employee or Union shall first discuss any individual complaint informally must request his/her Committeeperson to attend with him/her on the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 discussion of the grievance procedure a representative with the manager. The manager shall take two (2) working days following the discussion prior to responding to the complaint or grievance.
(b) If the complaint or grievance is not settled, the grievance shall be reduced to writing, giving all particulars of the Ontario Nurses' Association may event or events out of which the grievance arises including the time and date of the event, and shall be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as delivered to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, manager by the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences his/her Committeeperson within ten five (105) working days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days date of the meeting to with the Bargaining Unit President manager. Upon receipt of the written grievance, the manager shall record his or her designate with response on the grievance form, and provide a copy to the Labour Relations Officeremployee or his/her Committeeperson within two (2) days of receipt of the grievance in writing.
(c) A meeting with the department manager and committeeperson will take place within five (5) working days of the receipt of the written grievance. Should The manager shall respond to the Administrator fail grievance in writing to render his decision the committeeperson within three (3) working days after the date of the meeting.
(d) If the response of the department manager is not satisfactory to the employee, then within two (2) working days the Union will respond in writing to the General Manager. Within three (3) working days of receipt of the written response of the Union or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablesuch other time mutually agreed upon, the grievance Shop Committee and the Department and General Manager shall meet to discuss the grievance. The Shop Committee may have present at this meeting the National Representative or Local President. The General
(e) If the written decision of the General Manager or designate is not satisfactory to the shop committee, the matter may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual 12.01 An Employee who has a complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, Agreement may discuss the employee or Union Representative will bring it complaint with the immediate Supervisor. Such a complaint shall be brought to the attention of the immediate supervisor Supervisor within twenty (20) days after the Employee becomes aware or should have been aware of the circumstances giving rise to settle such differences the complaint. The Employee and immediate Supervisor shall complete their informal discussions within five (5) days. Failing resolution of the complaint by informal discussion, the Employee may request the Union to lodge a grievance as provided for herein. The Union shall commit the grievance to writing, setting out the facts of the grievance together with the provisions of the Agreement claimed to have been violated and indicate the relief sought. The signed grievance shall be sent to the Executive Superintendent of the appropriate department within twenty (20) days of the Employee becoming aware of the circumstances giving rise to the grievance if the informal discussion stage is not utilized or ten (10) days after the informal discussion stage has been completed. The Executive Superintendent or designate will meet jointly with the grievor and the Union Representative(s) within fifteen (15) days of receipt of the grievance. The Executive Superintendent or designate shall forward a written decision to the Bargaining Unit Representative within fifteen (15) days of the date on which the grievance meeting was held. If no settlement is reached at Step One, the Union may, within ten (10) days of receipt of the occurrencewritten reply of the Executive Superintendent of the appropriate department or designate, refer the matter to the Executive Superintendent of Human Resource Services or designate. If further action is referred to a designate, the designate shall not be taken, then the same individual who may have acted as a designate under Step One. The Executive Superintendent of Human Resource Services or designate shall meet with the Union Representative(s) within ten (10) days of the discussion, the employee, who may request the assistance receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance request to discuss and endeavour to solve the Administrator or designate. A meeting will be held between the parties within ten (10) daysproblem. The Administrator Executive Superintendent of Human Resource Services or designate shall give a written decision answer the grievance in writing within ten fifteen (1015) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either partymeeting. If no written notice of intent to settlement is reached, the Union may submit the matter for grievance to arbitration is received within ten twenty (1020) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of receipt of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingresponse.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances 4-1 A grievance shall be defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to regarding the interpretation, application, administration application or alleged violation of any of:
(a) Any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention ;
(b) Any of the immediate supervisor to settle such differences within ten (10) days policies or regulations of the occurrence. If further action is School District which directly relate to be taken, then within ten (10) days those mandatory subjects of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatebargaining as outlined in NRS 288.150(2). A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred filed by an administrator of the School District covered by this Agreement, or by the Association. A grievance shall not include any matter or action taken for which relief is granted by the Statutes of Nevada.
4-2 Grievances will be brought by individuals or groups of individuals who are directly affected by the nature of this dispute. Grievances may be initiated or pursued at any step and to arbitration any higher step by either partyCCASAPE. If no A grievance filed by the Association involving more than one (1) administrator in more than one (1) location may be commenced at Step Two of the Grievance and Arbitration Procedure by filing a written notice of intent to submit grievance.
4-3 A grievance as defined above must be filed in writing alleging which terms or provisions under which the matter for arbitration is received within ten dispute arises, and must be filed not later than twenty (1020) school days after the decision under Step Noaffected administrator or Association first knew or should have known of the act or condition upon which the grievance is based. 1 A school day shall be defined as a day in which a covered administrator is receivedrequired to be present on the job.
4-4 During all procedural steps, each of the parties to the grievance shall be deemed have access at reasonable times to have been settled or abandoned.
8.04 A all written grievance will indicate the nature of the grievance statements and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial records of the grievance. Should All proceedings in any grievance shall be conducted in private and full confidentiality shall be maintained.
4-5 In the event the grievance is between two (2) members of CCASAPE, the grievant will be represented by CCASAPE during the entire Grievance and Arbitration Procedure.
4-6 All grievances shall be handled in the following manner:
4-6-1 A grievant may first attempt to resolve it informally by meeting with his immediate supervisor within five (5) school days. At this step there is no reason to put the grievance in writing, no written report shall be made by the supervisor. The supervisor shall render a decision no later than five (5) school days from the date of the meeting. A decision reached between the grievant and the supervisor does not establish a precedent and cannot be utilized as the basis for resolving any other grievance. If the administrator is not satisfied with the response from the immediate supervisor, the grievant may proceed to Step Two. 4-6-2 If the grievance is not resolved at Step One, the grievant or the Association may submit the unresolved grievance to the superintendent or designee in signed written form within the twenty (20) school day period specified in 4-3.
4-6 3 In the event a grievance not be is submitted to Step Two in a timely manner, the superintendent or designee and the supervisor being grieved shall meet with the grievant and/or the designated association representative within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.seven
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The a. A grievance is defined as any dispute or difference concerning the application, interpretation or a claimed violation of an express provision of the Agreement. Every attempt shall be made by both parties to resolve grievances arising under this agreement believe it is important to adjust complaints section speedily and grievances as quickly as possible as provided for hereininformally. The employee filing of a grievance shall not foreclose ongoing or Union shall first discuss any individual complaint informally with the Director of Care other informal discussions or designate at the first opportunityresolutions.
8.02 In all steps b. Upon request, employees shall have the right to representation or accompaniment by a union representative during any meeting invoking discipline, or to any investigatory meeting, which might result in the imposition of this grievance procedure an aggrieved discipline to the employee, if she so desires . Employees may not necessarily be accompanied by able to wait for or represented by her Union Representative. At Step 1 select a particular representative.
c. Grievance meetings requiring the attendance of the grievance procedure Local Representatives will be scheduled at a representative time convenient to all parties involved if reasonably possible.
a. Within five (5) working days of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any occurrence of the provisions of this Agreementalleged incident or circumstance, the employee or Union Representative will bring it union representative shall present the grievance in writing to the attention office of Director of Human Resources, which shall then be assigned a grievance number, which will then be forwarded to the office of the immediate supervisor to settle such differences within ten Department Head or their designee. The written grievance must include (101) days a statement of the occurrence. If further action is being grieved; (2) reference to be taken, then within ten (10the relevant Article(s) days of the discussionCollective Bargaining Agreement alleged to have been violated; and (3) the remedy or relief sought.
b. A meeting between the grievant or grievants, the employee, who may request union representative and the assistance of her Union Representative and/or Labour Relations Officer, Department Head shall submit the written grievance to the Administrator or designate. A meeting will be held between within five (5) working days from the parties within ten (10) days. The Administrator shall give presentation of the grievance, and a written decision issued by the divisional manager within ten five (105) days from the conclusion of meeting.
a. If a satisfactory settlement of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablenot reached in Step 1, the grievance may be referred appealed to the office of the Director of Human Resources. Said appeal should be made within five (5) working days from the date of the receipt by the grievant(s) of the Step 1 decision or the date upon which the decision is due.
b. The Director of Human Resources or their designee shall convene a meeting with the grievant(s) and the union representative within five (5) working days from the date of the receipt of the grievance appeal, and shall render a decision/response to the grievant(s) and the Union within five (5) working days of the presentation of the grievance at the grievance meeting.
Section 4. Should the Union be dissatisfied with the Hospital’s decision/response to the grievance at Step 2, the grievance may be submitted to arbitration by either partythe Union within thirty (30) calendar days from the receipt of the written response from the Step 2 meeting or the date upon which the decision is due. An arbitrator will be appointed through the American Arbitration Association under its Voluntary Labor Arbitration Rules.
a. Each party shall be responsible for the expenses of its witnesses or other selected or called by a party for arbitration. Expenses incurred in the payment of fees to an impartial arbitrator shall be divided equally between the parties to this Agreement. The parties shall share the cost of the transcript for the arbitrator. The Hospital shall make every reasonable effort to reschedule any employee called as a witness in any arbitration hearing in order that said witness shall have continuity of income.
b. The decision of the arbitrator shall be final and binding on both parties.
c. The arbitrator is limited by the terms of this Agreement, and shall have no power to add to, subtract from, modify, amend, or in any way change any of the terms of this Agreement. The arbitrator shall not have jurisdiction to hear more than one (1) grievance, and shall not have jurisdiction with respect to probationary employees.
d. The parties agree that serious forms of employee misconduct such as insubordination, theft, falsification of records, or other forms of serious misconduct are traditionally causes of discipline, including termination, which is rendered without need for prior discipline. The parties agree that employees who engage in serious misconduct are an unfair burden on the Hospital, its patients and the employee’s peers.
e. If no the discharge of an employee results from conduct relating to a patient and the patient does not appear at the arbitration, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Further, the patient’s initial statements (written notice or as reported) to the Hospital are agreed to be admissible in the hearing.
a. Any written decision, or written answer to a grievance made at any step which is not appealed to the succeeding step of intent the grievance procedure within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement, and such settlement shall be binding upon the grievant(s) and the parties to this Agreement.
b. Failure of any party to abide by the time limits set forth in the grievance procedure shall give the grieving party the right to submit the matter for arbitration is received within ten (10) days after grievance directly to the decision under Step No. 1 is received, next step of the grievance shall be deemed to have been settled or abandonedprocedure.
8.04 c. A written grievance will indicate grievance, which affects a substantial number class or employees, or in the nature case of suspension or terminations may initially be presented at Step 2 of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingprocedure.
8.05 Time Section 7. All time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond herein specified shall be deemed to be a denial exclusive of the grievance. Should a grievance not be submitted within the various time limits specified in this AgreementSaturdays, unless mutually extended, it shall be considered to have been settled or abandonedSundays and holidays.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it Section 1. A grievance is important to adjust complaints and grievances defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, any Employee covered by this Agreement or between the Union and the Employer concerning the application or interpretation of any term or condition of this Agreement.
Section 2. The Union may file a grievance directly with the Employer and if the Uniongrievance is not resolved, as then the Union or the Employer may refer the grievance to the interpretationJoint Conference Committee. To be timely filed, application, administration or a grievance must be filed in writing within fourteen (14) calendar days of the occurrence of the alleged violation of any of the provisions of this Agreement, excluding violations found through an audit.
Section 3. A grievance involving an employee may be taken up by the employee Union Xxxxxxx directly with the Employer's Representative. If the Union and the Employer are unable to resolve the grievance, then the Employer or the Union Representative will bring it may submit the grievance to the attention Joint Conference Committee.
Section 4. A Joint Conference Committee shall be established under the Collective Bargaining Agreement between the Southern California Glass Management Association and the Union. The Association and the Union shall each appoint three (3) Representatives to constitute the Joint Conference Committee. Each Employer signed to this Agreement agrees to accept the jurisdiction of the immediate supervisor to settle such differences Joint Conference Committee and be bound by a procedures and determination and awards made by the Joint Conference Committee regarding any dispute or grievance under this Agreement.
Section 5. The Joint Conference Committee shall meet within ten (10) days after a grievance or dispute has been submitted to the Committee by either the Employer or the Union.
Section 6. Following the appointment of the occurrencemembers to the Committee, the Committee shall select a Chairman and a Secretary to serve during the term of the Agreement, or until replaced by the
Section 7. If further action is Upon a grievance or dispute being referred to the Joint Conference Committee, the Committee shall call a meeting as required by this Article, and hold a hearing regarding the grievance of dispute. The Joint Conference Committee shall notify both parties as to the grievance or dispute and specify the nature of the grievance or dispute and of their right to present witnesses and evidence at the hearing. The parties shall be takenallowed to present witnesses and argue their position concerning the grievance or dispute. Upon the completion of the testimony and the evidence, then and upon the closing of the hearing, the Joint Conference Committee shall issue a decision by a majority vote within ten (10) days after close of the discussionhearing, which shall constitute an award which shall be final and binding upon the Union, the employeeEmployer and any employee involved in the grievance or the dispute, who may request and upon the assistance of her Union Representative and/or Labour Relations OfficerAssociation. The Joint Conference Committee, in issuing a decision, shall have the jurisdiction and authority to fine any party in violation of this Agreement, and to issue a determination with an appropriate remedy that may include payment for loss of wages, Trust Fund contributions, damages, or a specific order directing the party to comply with this Agreement.
Section 8. In the event the Joint Conference Committee cannot reach a decision, either the Union or the Employer may submit the written grievance of dispute to the Administrator or designatearbitration. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent Any party desiring to submit the matter for dispute or grievance to arbitration is received must notify the Secretary of the Committee, in writing, that the party desires to proceed to arbitration within ten (10) days after the meeting or notice by the Committee that a decision under Step Nohas not been reached. 1 is receivedUpon such a request, the grievance Joint Conference Committee shall select an impartial arbitrator. In the event the parties are unable to agree upon an impartial arbitrator, they shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons qualified to act as the impartial arbitrator. Upon receiving the list, the Employer and the Union shall select an arbitrator within five (5) days after receipt of the list by striking three (3) names from the list. The party to strike first from the list will be selected by lot.
Section 9. The impartial arbitrator shall hold a hearing as soon as practicable, and following the conclusion of the hearing shall issue an award which shall be deemed to have been settled final and binding upon the Union, the Employer, the Association and any employees involved in the grievance or abandoneddispute. The arbitrator shall render his award within thirty (30) days after the conclusion of the hearing.
8.04 A written grievance will indicate the nature Section 10. All expenses of the arbitration, including the fees of the arbitrator, and the cost of any transcript, shall be paid equally by both parties. Should either party request a copy of the transcript of the hearing, the requesting party shall incur the cost of the transcript.
Section 11. The arbitrator shall have no authority to modify, amend, revise, add to, or subtract from any of the terms or conditions of this Agreement.
Section 12. Nothing contained in this Article on grievance and arbitration shall preclude an employee from filing claim for wages or fringe benefits with the remedy sought by California Division of Labor Law Enforcement, provided that when the grievor. Union grievances shall be set out employee obtains a final determination on the union grievance formmerits of the
Section 13. AlternatelyIn the event of a failure by an Employer to comply with any award or decision of the Joint Conference Committee or an impartial arbitrator, then the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in Union need not proceed through the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified set forth in this Agreement, unless mutually extendedand in such case the Union may resort to economic and/or legal action, it including withholding of service, a strike, picketing and boycotting concerning such claim for wages or fringe benefits. Such rights shall exist in any case where the Union claims that there has been a violation of Agreement by the Employer regarding the failure to pay wages, fringe benefits, or to comply with a decision and award of the Joint Conference Committee, or an impartial arbitrator. In such case, the Union, before resorting to any economic action, will give the Employer two (2) business days written notice by wire or Registered Letter with "Return-Receipt Requested" of its intention to take such economic action. If such notice is given, a copy of the notice shall be considered mailed simultaneously to the Southern California Glass Management Association. For the purpose of this Section, the terms "wages" and "fringe benefits" shall apply to all terms and conditions set forth in this Agreement that are Employer cost items and shall apply to all premium pay conditions and all other items within the definition of wages. This Section shall not apply to any grievance or dispute concerning job description or the appropriate regular wage rates required as related to job descriptions.
Section 14. In the event the Union takes economic action concerning the enforcement of the Agreement regarding the Employer's payment of wages or fringe benefits, including contributions to any Trust Funds, or an award of the Joint Conference Committee, or an arbitrator, then the Employer shall be liable to pay the wages and fringe benefits lost by each employee due to the strike called by the Union in order to enforce the Agreement up to a maximum of two (2) weeks. The amount of wages and fringe benefits to be paid to such employees shall be equal to the amount of wages and fringe benefits the employees would have earned if they had not been settled called off the job up to a maximum of two (2) weeks, based on the Employer's failure to comply with a Joint Conference Committee, or abandonedan arbitrator's award.
Appears in 3 contracts
Samples: Master Labor Agreement, Master Labor Agreement, Master Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with In the Director event of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, Local Union or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions persons subject to this Agreement and the Producer with regard to wage scales, hours of employment or working conditions or with regard to the interpretation of this AgreementAgreement concerning such provisions,1 the procedure, unless otherwise specifically provided herein, shall be as follows: If the employee grievance is not settled within five (5) working days after the invocation of Step One and if the aggrieved party objects to submission of the dispute to Step Two, then it may proceed immediately to expedited or Union Representative will bring regular arbitration, as provided below, by delivering or mailing, within five (5) days thereafter, a written request for expedited arbitration or a written demand for regular arbitration, as provided below. If the responding party objects to submission of the dispute to Step Two, it shall so notify the other party at least three (3) days prior to the attention of Step Two hearing. The aggrieved party shall thereupon have the immediate supervisor right to settle such differences proceed to expedited or regular arbitration, as provided below, within ten (10) working days after receipt of such notice from the responding party.
1 Any such disputes that give rise to an alleged violation of Sections 8(a)(1) and/or 8(a)(3) of the occurrenceNational Labor Relations Act, or in which the facts alleged would constitute such a violation, are also subject to the grievance and arbitration procedure in this Article 7. If further action such demand for Step Two proceedings is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedso served, the grievance shall be deemed brought before the Grievance Committee as soon as possible, but not later than twenty (20) working days following the receipt of such notice, unless either party objects to have been settled or abandoned.
8.04 A written grievance will indicate the nature submission of the dispute to Step Two as provided above. The Grievance Committee shall consist of a designated Representative of the Local Union and a representative of CSATF. The parties to the grievance and the remedy sought by the grievor. Union grievances shall be set out on present and shall be responsible for the union grievance formpresentation of their own position at such time and place. Alternately, the parties may agree Failure of either party to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of to comply with the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond foregoing requirements shall be deemed a waiver of the claim or waiver of any defense to the claim, as the case may be. The Grievance Committee shall schedule the order of the grievances to be a denial of heard. Prior to beginning the hearing, the Committee shall attempt to assist the parties in mutually resolving the grievance. Should If the parties fail to resolve the grievance with the assistance of the Committee, either party shall have the right to opt out of the Step Two hearing before it begins and the aggrieved party may instead proceed to arbitration. If neither party opts out of the Step Two hearing, the Grievance Committee will afford the parties an oral hearing on the merits of such grievance and render a grievance not be submitted written decision thereon within five (5) working days from the various time limits specified close of the hearing, but in this Agreement, unless mutually extended, it no event later than twenty (20) working days after the hearing commenced. The Second Step shall be considered to have been settled an informal one and for the purpose of resolving the grievance. The Committee shall determine its own rules and procedures. The decision of the Grievance Committee, if any, shall be final and binding upon the parties and any employees concerned. days after the date of the Step Two meeting, a written demand for expedited or abandonedregular arbitration.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement Agreement believe that it is important to adjust respond to complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at Manager promptly following the first opportunityissue giving rise to the complaint.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, or between the employer and a group of employees who have identical grievances, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it such dispute shall be brought to the attention of the immediate supervisor other party as a complaint within fourteen (14) calendar days or when the employee ought to settle have reasonably become aware of the issue giving rise to the complaint/grievance. Grievance transmittals shall take place between the bargaining unit representative designated by the Bargaining Unit President and the position designated by the Employer. It is understood that the Union has carriage of all grievances. Amalgamation of like grievances can only occur with mutual agreement of the Employer and Union. Grievances shall be on the form set out in Appendix 1. The parties agree to utilize an electronic copy of this form for the submission of grievances.
8.03 Once a complaint is initiated, the parties shall have a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the issue and attempt to arrive at a resolution. In addition to the union representative, the Union’s Labour Relations Officer is entitled to attend such differences meetings.
8.04 (a) If, after the end of such forty (40) calendar day period, the issue has not been resolved, either party may inform the other party within fourteen (14) calendar days of its written intent to forward the matter to arbitration. Such notice shall contain the name of the first party’s recommended Sole Arbitrator. Where such written notice is post- marked within twelve calendar days after the above forty (40) calendar day period, it will be deemed to have been received within the time limits. The recipient of the notice shall, within ten (10) days calendar days, inform the other party of its agreement or propose an alternate Sole Arbitrator in writing. If the parties are unable to agree on an Arbitrator, the appointment of the occurrence. If further action is to Arbitrator shall be taken, then within ten (10) days made by the Minister of Labour for Ontario upon the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute differences arise between the Employer Company and an employee, or between the Employer and the Union, employee as to the interpretation, application, administration or alleged violation of any of the provisions meaning and application of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor parties shall make an xxxxxxx effort to settle such differences within ten (10) days promptly by the grievance procedure set forth below. However, the establishment of the occurrence. If further action is to be taken, then within ten (10) days steps in the grievance procedure for the formal handling of grievances shall not prohibit nor discourage the discussion, the employee, who may request the assistance amicable solution of her Union Representative and/or Labour Relations Officer, shall submit the written grievance such matters without recourse to the Administrator or designategrievance and arbitration procedure. A meeting will Grievances concerning disciplinary action resulting in the discharge of an employee shall be held between the parties within ten (10) days. The Administrator treated as all other grievances, except that Step 1 shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, omitted and the grievance shall be deemed presented in writing, signed by the employee within three (3) working days of the effective date of the discharge. The second and third step meetings shall be limited to have been settled the aggrieved employee, or abandonedthe aggrieved employee’s designee, and not more than one of a group of aggrieved employees may be present at such meetings. All monetary grievance settlements shall be paid by separate check to the grievant or grievants and a copy of the same sent to the Local Union for their records. Such settlements shall be paid on the next regular pay date. If any monetary grievance settlement is not paid on the next regular pay date the grievant shall be paid an additional penalty equal to four (4) hours pay at the employee’s current regular straight time hourly rate of pay.
8.04 A written grievance will indicate the nature of STEP 1 - The aggrieved employee shall take the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternatelyup with his or her department director or designee, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in within three (3) working days after the grievance and arbitration procedures may be extended only by written, mutual consent of originally occurs or the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it matter shall be considered closed. The aggrieved employee shall complete the Step 1 grievance notification form provided by the Union and a copy of such form shall be provided to have been settled or abandonedboth the designated Company representative, the Chief Xxxxxxx and the Union Business Representative.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Director of Human Resources or designate. A meeting will be held between the parties within ten (10) days. The Administrator Director of Human Resources shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Director of Human Resources fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee Any grievance or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires dispute which may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between parties concerning the Employer and the Union, as to the interpretation, application, administration meaning or alleged violation of any of the provisions interpretation of this Agreement, shall be settled in the following manner:
STEP I. The affected employee shall take up the grievance or dispute with the employee's supervisor within seventy-two (72) hours of its occurrence, excluding Saturday and Sunday. The supervisor shall then attempt to adjust the matter within three (3) working days.
STEP II. If the grievance has not been settled between the affected employee and the supervisor, it may be presented in writing by the Union Representative will bring it to the attention Department Head within seventy-two (72) hours, excluding Saturday and Sunday, after the response specified in Step I is due. The written notice shall include details of the immediate supervisor grievance, the section of this Agreement allegedly violated and the specific remedy requested. The appropriate Department Head shall respond to settle such differences the Union representative in writing within five (5) working days after receipt thereof.
STEP III. If the grievance still remains unadjusted, it may be presented by the Union to the City Administrator of the City or his/her designee(s), within seven (7) days after the response specified in Step II is due. The City Administrator or his/her designee(s), shall respond in writing to the Union within five (5) working days.
STEP IV. If the grievance is still unsettled, either party may, within ten (10) days of the occurrencedecision of the City Administrator or his/her designee(s) under Step III have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Union. If further action is the parties are unable to agree upon an arbitrator, the American Arbitration Association or other mutually agreed organization shall be requested to submit a list of five names. Both the City and the Union shall have the right to strike two names from the list. The party requesting arbitration shall strike the first name and the other party shall then strike one and the process shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall meet in a pre- hearing conference and shall prepare a submission agreement regarding the specific issues in dispute. The designated arbitrator shall hear both parties as soon as possible on the disputed matter and shall render a decision within thirty (30) days which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the Agreement, but shall be limited to consideration of the particular issue(s) presented to him/her. His/her decision shall be based solely upon his/her interpretation of the meaning and application of the express language of the Agreement. Expenses for the arbitrator shall be borne equally by the City and the Union; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be takenmade, then within ten (10) days provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatetranscript and all copies. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of If any grievance under is not presented or forwarded by the foregoing procedureemployee or Union within the time limits specified above, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the such grievance shall be deemed to have been settled or abandoned.
8.04 A written waived. If any grievance will indicate the nature of the grievance and the remedy sought is not answered by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond City within the time limit(s) fixedlimits specified above, such failure to respond grievance shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedgranted.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The a) Grievance means any difference between the parties bound by the Agreement concerning its interpretation, application or alleged violation thereof.
b) Employees shall have the right to this agreement believe it is important Union representation in any grievance or disciplinary meeting. Representative of the Union shall include any elected officer of the Union or shop xxxxxxx recognized by the Union.
c) Efforts to adjust complaints and grievances as quickly as possible as provided for hereinresolve grievances, up to but not including arbitration, shall be made on Employer time. The grievor(s) may be present for any formal meeting throughout the grievance and arbitration procedure.
d) The following grievance procedure shall be observed:
Step 1 An employee, accompanied by a Union representative, if desired, shall within fourteen (14) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the grievor, raise the matter orally with the employee's immediate supervisor. The supervisor shall reply to the grievance within seven days.
Step 2 If the employee or is not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the employee, accompanied by a Union shall first discuss any individual complaint informally with representative, will, within fourteen (14) days of the reply at Step 1, present the grievance in writing to the Director of Care Advertising. The grievance shall be answered in writing within seven (7) days of receipt of the grievance.
Step 3 If the two parties are unable to agree at Step 2, then within seven (7) days of receipt of an answer at Step 2, the employee and the Union shall take up the grievance in writing with the Publisher (or designate his/her representative). The answer at this Step must be given in writing within seven (7) days.
Step 4 If the two parties are unable to agree at the first opportunitythird step, then, the party raising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the reply in Step 3.
8.02 e) In all steps general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator; however, either party may elect to submit a grievance to an Arbitration Board of this grievance procedure three members, in which case the other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the name of a nominee to the arbitration board of the party requesting arbitration. The recipient of the referral shall, within five days, notify the other party in writing of its acceptance of one of the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an aggrieved employeearbitration board, if she so desires submit its nominee to the arbitration board.
f) The parties shall endeavor within five days to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or a chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Minister of Labour of Ontario may be accompanied asked to make the appointment.
g) The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or Board shall issue a decision and the decision shall be final and binding upon the parties and upon any employee and Employer affected by or represented by her Union Representativeit. At Step 1 In the case of an Arbitration Board, the decision of the grievance procedure a representative majority is the decision of the Ontario Nurses' Association may be present at Board but if there is no majority decision, the request decision of either partythe Chair shall govern.
8.03 Should any dispute arise between h) Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the Employer and an employee, the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator.
i) By mutual agreement between the Employer and the Union, as to and in the interpretationcase of an Employer or a Union grievance, application, administration or alleged violation in the case of any a grievance involving the suspension or discharge of the provisions of this Agreementan employee, the employee or Union Representative will bring it to processing of a grievance may begin at the attention of the immediate supervisor to settle such differences within ten (10third stage.
j) days of the occurrenceIt is intended that grievances shall be processed as quickly as possible. If further action is to be taken, then within ten (10) days of the discussion, grieving party does not appeal the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between next successive stage within the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedspecified appeal time limit, the grievance shall be deemed to have been settled or abandonedbe abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 k) Time limits fixed in the grievance and arbitration procedures this article may be extended only by writtenmutual agreement. In all cases, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoneddays means calendar days.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties purpose of the Grievance Procedure shall be to this agreement believe it is important to adjust complaints and settle employee grievances on as quickly low a level as possible to insure efficiency and employee morale. No settlement is binding on the Town unless approved by the Town Administrator or the Board of Selectmen. A grievance shall be defined as provided for herein. The employee a dispute concerning the interpretation or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation application of any of the provisions provision of this Agreement. If the grievance involves a municipal board other than the Board of Selectmen, the Town Administrator will insure that the Board is consulted in the grievance process. Informal Step: Grievances shall be presented verbally by the employee and/or the Union to the Town Administrator or his designee within seven (7) working days of when the employee or the Union Representative will bring it knew or should have known of the occurrence giving rise to the attention grievance. The parties will attempt to resolve the grievance.
Step 1: If the grievance is not resolved at the informal Step, a local Union representative and/or an international union representative shall present it in writing on an approved form to the Town Administrator or his designee within seven (7) working days of its presentation at the Informal Step. The grievance will include a statement of the immediate supervisor facts and provision(s) of the Contract alleged to settle such differences have been violated. The Town Administrator or his designee shall meet with the grievant and/or the Union representative within ten seven (107) working days from the time the grievance is presented to him and shall answer the grievance in writing within seven (7) working days after the meeting.
Step 2: If the Town Administrator does not hear the grievance at Step 1 and the grievance is not resolved at Step 1, the Union shall forward the grievance in writing to the Town Administrator within seven (7) working days of the occurrenceStep 1 answer. If further action The Town Administrator shall meet with the local Union representative and/or an international Union representative within seven (7) working days of when the grievance is forwarded to be taken, then him in writing. The Town Administrator shall answer the grievance in writing within ten seven (107) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatemeeting. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, If the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought was answered by the grievor. Union grievances shall be set out on Town Administrator in Step 1and the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer answer does not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of resolve the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedStep 3 will follow Step 1.)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties In the event of any dispute between the Union or any of the persons subject to this agreement believe it is important Agreement and the Producer with regard to adjust complaints and grievances as quickly as possible as provided for herein. The employee wages, hours, or Union shall first discuss any individual complaint informally other conditions of employment under this Agreement, or with regard to the Director of Care or designate at the first opportunity.
8.02 In all steps interpretation of this grievance procedure an Agreement,1 the procedure, unless otherwise specifically provided herein, shall be as follows: The aggrieved employeeparty shall discuss the matter with his immediate supervisor. In the event the matter is not resolved, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of then, within five (5) days thereafter, the aggrieved party shall reduce the grievance procedure to writing and mail or deliver same to the other party and concurrently furnish a copy of such notice to the designated representative of the Ontario Nurses' Association may be present at Local Union. Such written notice shall contain the request specific contract provisions and sections which are alleged to have been violated, a clear statement of either party.
8.03 Should any dispute arise between the Employer and an employeefacts of the alleged violation, or between the Employer name of the grievant and the Union, as to the interpretation, application, administration or alleged violation remedy that is being requested. Upon receipt of any of the provisions of this Agreementsuch written notice, the employee or Union Representative receiving party will bring it be required to respond within ten (10) working days. The Shop Xxxxxxx and the attention Department Head shall immediately discuss the matter and the grievance shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the immediate supervisor to settle such differences parties and any employees concerned. If the grievance is not settled in Step One within ten (10) days following the invocation of Step One, or if there is no Shop Xxxxxxx, the occurrence. If further action is aggrieved party may proceed to be takenStep Two by delivering or mailing, then within ten (10) days thereafter, a written demand, which shall include a statement of the discussionparticulars of the claim, upon the employeeother party. Failure of the aggrieved party to so serve such demand shall constitute a waiver of the claim.
1 Any such disputes that give rise to an alleged violation of Sections 8(a)(1) and/or 8(a)(3) of the National Labor Relations Act, who may request or in which the assistance of her Union Representative and/or Labour Relations Officerfacts alleged would constitute such a violation, shall submit the written grievance are also subject to the Administrator or designategrievance and arbitration procedure in this Article 7. A meeting will be held between the parties within Upon receipt of such written notice, but no later than ten (10) daysdays after receipt of such notice, the Business Representative of the Local Union and the designated representative of the Producer shall immediately discuss the matter and the grievance shall be settled if at all possible. The Administrator decision, if any, of these representatives shall give a written decision be final and binding upon the parties and any employees concerned. In the event the grievance is not settled in Step Two, or if the Business Representative of the Local Union and the designated representative of the Producer fail to meet in Step Two, the aggrieved party may proceed to Step Three by delivering or mailing to the other party and Contract Services Administration Trust Fund (CSATF), within ten (10) days following the completion of the Step Two or, if there is no meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedurein Step Two, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after service of the decision under demand in Step NoTwo, a written request for Step Three proceedings. 1 is receivedUnless either party objects to submission of the dispute to Step Three as provided below, the dispute shall thereupon be submitted for resolution to a panel comprised of one (1) Union representative and one (1) Producer representative. The Union representative shall be Secretary-Treasurer Xxxxx Xxxxx or his designee. The Producer representative shall be AMPTP President Xxxxx X. Xxxxxxxxxx or her designee. The Union representative and the Producer representative shall each have one vote. The grievance shall be heard by such Producer and Union representatives at a mutually-established time and place. The parties to the grievance shall be deemed present and shall be responsible for the presentation of their own evidence at such time and place. Failure of either party to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and to comply with the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond foregoing requirements shall be deemed a waiver of the claim or waiver of any defense to the claim, as the case may be. The panel shall schedule the order of the grievances to be a denial of heard. Prior to beginning the hearing, the panel shall attempt to assist the parties in mutually resolving the grievance. Should If the parties fail to resolve the grievance with the assistance of the panel, either party shall have the right to opt out of the Step Three hearing before it begins and may instead proceed to arbitration. If neither party opts out of the Step Three hearing, the panel will afford the parties an oral hearing on the merits of such grievance and render a grievance not written decision thereon within five (5) working days from the close of the hearing, but in no event later than twenty (20) working days after the hearing is commenced. The panel shall determine its own rules and procedures. The decision of the panel, if any, shall be submitted final and binding upon the parties and any employees concerned. If the aggrieved party objects to submission of the dispute to Step Three, then it may proceed immediately to expedited or regular arbitration, as provided below, within ten (10) working days of the various time limits specified in this Agreement, unless mutually extendedcompletion of Step Two. If the responding party objects to submission of the dispute to Step Three, it shall be considered to have been settled or abandoned.so notify the other party at least three
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement Agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Director of Human Resources or designate. A meeting will be held between the parties within ten (10) days. The Administrator Director of Human Resources shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Director of Human Resources fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to Any grievance or dispute, which may arise between the parties, including the application, meaning or interpretation of this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union Agreement, shall first discuss any individual complaint informally with be settled in the Director of Care or designate at the first opportunityfollowing manner.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At A. Step 1 of 1: The Employee shall discuss the grievance procedure or dispute with his immediate supervisor no later than five (5) days after the occurrence of such grievance or dispute. Employees shall be entitled to have representation by a representative of the Ontario Nurses' Association may be present Lodge at the request of either partysuch meeting.
8.03 Should any B. Step 2: If the grievance or dispute arise between is not settled as set forth in Step I within the Employer and an employeefive (5) day period, or between the Employer and Employee will then have five (5) days to appeal the Uniondecision of his immediate supervisor, as in writing, to the interpretation, application, administration or alleged violation of any of Director. Said written grievance shall at a minimum specify the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days time and date of the occurrence; the nature of the grievance; the portions of the Collective Bargaining Agreement relied upon and the remedy sought. If further action is to The grievance shall be taken, then submitted on the form attached hereto as Annex A. The Director shall schedule a hearing within ten (10) 21 days of the discussion, the employee, who may request the assistance receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance and shall render a decision within seven (7) days after the date of the hearing.
C. Step 3: If the grievance or dispute is not resolved in Step 2 above, the Employee may within five (5) days from the date of the Director's decision, further appeal the matter to the Administrator Mayor or designatehis designated representative, who shall have thirty (30) days from receipt of the grievance to resolve same. A meeting will be held between In the parties event that the Mayor or his representative takes no action on the grievance within ten thirty (1030) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance shall be considered denied and the Employee may be referred to arbitration by either party. If no written notice pursue Step 4 of intent to submit the matter for arbitration grievance procedure.
D. Step 4: In the event that the grievance is received still unsettled, the Employee may, within ten (10) days after the Mayor or his representative has made a decision or within ten (10) days after the thirty (30) day period set forth in Step 3 has expired with a decision, apply to the Public Employees Relations Commission, pursuant to Rules and Regulations established by the Public Employee Relations Commission under Step No. 1 is receivedprovisions of Chapter 303, the grievance shall be deemed to have been settled or abandonedLaws of 1968.
8.04 A written grievance will indicate E. In the nature event of the grievance and the remedy sought by the grievor. Union arbitration proceedings involving grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in under this Agreement, unless mutually extendedthe representative of the Lodge involved, it if any, shall be considered to have been settled or abandonedallowed time off, with pay, for the purpose of attending such arbitration proceedings. The fees of the arbitrator shall be shared equally by the Employer and Employee. All other costs of the arbitration, such as witness fees, overtime compensation for Employees, etc., shall be the sole responsibility of the subpoenaing party. In the event of an Unfair Labor Practice proceeding involving Employees covered under this Agreement, the fees of witnesses and overtime compensation for Employees shall be the sole responsibility of the subpoenaing party.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to A. A grievance within the meaning of this agreement believe it Agreement shall be any dispute concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement. This is important to adjust complaints the sole and exclusive procedure for the resolution of grievances as quickly as possible as provided for herein. The employee under this Agreement.
B. An aggrieved adjunct or part-time faculty or the Union shall first discuss any individual complaint informally with present a grievance within fifteen (15) days of its occurrence or such grievance shall be deemed waived by the Director of Care adjunct or designate at part-time faculty and the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may Union. An adjunct or part-time faculty shall be accompanied by or represented by her Union Representative. At Step 1 a union representative at each step of the grievance procedure procedure.
C. The steps set forth below will be followed in the processing of grievances:
Step 1. The adjunct or part-time faculty and the Union shall discuss the grievance with the adjunct’s immediate supervisor. The adjunct’s immediate supervisor may request a representative of from Human Resources to observe and/or discuss the Ontario Nurses' Association may be present at grievance. If the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as grievance is not adjusted satisfactorily to the interpretation, application, administration adjunct or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties part-time faculty within ten (10) days, the Union may appeal the grievance to Step 2.
Step 2. The Administrator Grievances appealed to Step 2 shall give a written decision within ten (10) days be reduced to writing and sent to the Xxxx of the meeting to the Bargaining Unit President appropriate school or her designate their designee, with a copy to the Labour Relations Officerappropriate Department Chair and the University’s Office of Employee Relations. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A The written grievance will indicate must set forth the nature basis of the grievance with reasonable particularity, including a designation of the Article of the Agreement relied upon and the remedy sought by the grievorrequested. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled The Xxxx or abandoned.Xxxx’x
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 Par. 1: Grievances must be filed in writing on standard grievance forms which may be obtained at the Union office. Members who fail to report grievances either to the Job Xxxxxxx or the Union Representative within two (2) weeks after occurrence must report to the regular Executive Board meeting before the grievance will be processed. Union Representatives shall not process any grievances arising from agreements or understandings made outside of the Union Agreement.
(a) The parties agree that all questions concerning the interpretation and application of the terms of this Agreement shall be resolved by the following procedure:
a) In the event that differences arise during the term of this Agreement, there shall be no stoppages of work and an xxxxxxx effort shall be made to settle such differences first between the Associated General Contractors of Ohio, Akron Division and the Union and its members involved in the dispute.
b) In the event of failure of the parties to reach a satisfactory settlement at this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee stage, a Business Representative or an Official of the Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between notify the Employer and the Union, as to the interpretation, application, administration or alleged violation of any director of the provisions Associated General Contractors of this AgreementOhio, the employee or Union Representative will bring it to the attention Akron Division, in writing, of the immediate supervisor to settle such differences within ten (10) days Union’s intention of referring the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designateJoint Arbitration Board as hereinafter established and the Board shall meet within five (5) days from receipt of the request to consider the matter. Its decision thereon by a majority vote shall be final and binding. The Joint Arbitration Board referred to above shall consist of three (3) members designated by the Union and three (3) members designated by the Contractor Associations signatory to this Agreement. Two (2) members representing the Union and two (2) members representing the Contractors shall constitute a quorum for resolving grievances and a majority vote of those in attendance at a meeting at which there is a quorum shall result in a final and binding resolution of a particular grievance. In any such meeting, each party shall have the same number of votes regardless of the number of representatives in attendance. A meeting will grievance that is considered by the Joint Arbitration Board and not finally resolved may be held between processed to arbitration by notice filed with the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days Secretary of the meeting to the Bargaining Unit President or her designate Joint Arbitration Board with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received Employer within ten five (105) days after a Joint Arbitration Board meeting. After a notice of arbitration has been filed, representatives of the decision under Step NoUnion and representatives of the Contractor Associations shall attempt to mutually agree upon an arbitrator. 1 If such an agreement is receivednot reached, said representatives shall alternately strike names from the grievance panel and the last name remaining on the list shall be deemed the arbitrator. The arbitrator, in deciding a grievance concerning the application and interpretation of this Agreement, shall not modify, change or add to have been settled or abandoned.
8.04 A written the terms as herein written. In deciding a grievance will indicate the nature of the grievance and the remedy sought involving a dispute not covered by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version terms of this form and a process for signing.
8.05 Time limits fixed in Agreement the grievance and arbitration procedures may be extended arbitrator shall decide only the issues as jointly submitted by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure Any decision rendered by an arbitrator pursuant to respond this provision shall be deemed final and binding upon the Union and its members, the Contractor Associations signatory hereto and their members and any other employer signatory to be an Agreement containing a denial clause which provides for the settlement of grievances and disputes by the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedJoint Arbitration Board as designated herein.
Appears in 2 contracts
Samples: Labor Agreement, Building Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1. A grievance shall be any matter involving interpretation or application of this Contract and shall be subject to this agreement believe it the following procedure:
Step 1. A grievance shall be first raised orally by the employee with or without a Union representative, to the immediate supervisor, within seven (7) calendar days of when the employee knew or should have known of the event giving rise to the grievance, whichever period is important to adjust complaints and grievances as quickly as possible as provided for hereinshorter. The answer will be given in seven (7) calendar days.
Step 2. Any grievance unresolved in Step 1 shall be reduced to writing, on forms provided by the University, signed by the employee or his/her Union representative, and submitted to the employee's appropriate department head or his/her designee within seven (7) calendar days following the supervisor's answer. Within seven (7) calendar days after timely receipt of the written grievance, the appropriate department head or his/her designee shall give a written answer to the employee and the Union.
Step 3. If the grievance is not resolved in Step 2, the Union shall first discuss any individual complaint informally with notify the Director of Care or designate Human Resources within seven (7) calendar days following a receipt of the Supervisor's written answer. The Union and the Director of Human Resources shall meet at a time mutually convenient, for the first opportunitypurpose of resolving the dispute. This meeting shall be held within fourteen (14) calendar days following receipt of the written appeal. The University shall give a written answer within fourteen (14) calendar days after the Step 3 meeting.
8.02 In all steps Step 4. By mutual agreement only, the parties may request the Federal or State Mediation Service to assist in resolving a grievance. Neither party will use the mediation record or recommendations in arbitration.
Step 5. If no satisfactory settlement is made in Step 3 or Step 4 (if utilized by the parties), and if the grievance concerns an alleged University violation of an express provision of this grievance procedure an aggrieved employeeAgreement, then the Union has thirty (30) calendar days after the Step 3 meeting to submit the matter in writing (copy to the University) to a mutually agreed on arbitrator, or, if she so desires may be accompanied by or represented by her Union Representativenone to the American Arbitration Association in accordance with its voluntary arbitration rules. At Step 1 The decision of the grievance procedure a representative of the Ontario Nurses' Association may arbitrator shall be present at the request of either final and binding on each party. Such arbitration shall be held, if possible, during normal work hours.
8.03 Should any dispute arise between the Employer and an employeeSection 2. The arbitrator shall have no power to add to, subtract from or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of change any of the provisions of this the Agreement nor shall he have the power to imply any obligation not expressly set forth in the Agreement. No award shall be effective retroactively beyond the date the grievance was first raised orally with the immediate supervisor. Upon a determination that just cause to discipline an employee existed, the employee or Union Representative will bring it arbitrator shall have no authority to alter a disciplinary penalty imposed by the attention University.
Section 3. The fees and expenses of the immediate supervisor to settle such differences within ten (10) days of arbitrator shall be shared equally by the occurrenceUniversity and the Union.
Section 4. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held Any settlement between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of University and the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of Union at any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature stage of the grievance procedure shall be binding on the University, the Union, and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingaggrieved employee or employees.
8.05 Time limits fixed in Section 5. Unless the grievance is raised, served in writing, referred, appealed, and submitted to arbitration procedures within the time limits at each stage herein set forth and which may be extended only by written, mutual the written consent of both the parties. Should University and the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedUnion, it shall be considered deemed that the parties have waived the right to have been settled or abandonedarbitration and the matter shall be deemed closed.
Section 6. The University will pay up to two (2) members for lost time, during regular working hours, for attending negotiations and Step 3 grievance meetings. The University will also pay up to two (2) Union members for lost time, during regular working hours for attending arbitration hearings.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties purpose of the Grievance Procedure shall be to this agreement believe it is important to adjust complaints and settle employee grievances on as quickly low a level as possible to insure efficiency and employee morale. No settlement is binding on the Town unless approved by the Town Administrator or the Board of Selectmen. A grievance shall be defined as provided for herein. The employee or Union shall first discuss any individual complaint informally with a dispute concerning the Director interpretation of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation application of any of the provisions provision of this Agreement. If the grievance involves a municipal board other than the Board of Selectmen, the Town Administrator will insure that the Board is consulted in the grievance process. Informal Step: Grievances shall be presented verbally by the employee or and/or the Union Representative will bring it to the attention Town Administrator or his or her designee within seven (7) working days of its presentation at the Informal Step. The grievance will include a statement of the immediate supervisor facts and provision(s) of the Contract alleged to settle such differences have been violated. The Town Administrator or his or her designee shall meet with the grievant and/or the Union representative within ten seven (107) working days from the time the grievance is presented to him and shall answer the grievance in writing within seven (7) working days after the meeting.
Step 1. If the grievance is not resolved at the Informal Step, a local Union representative and/or an International Union representative shall present it in writing on an approved form to the Town Administrator or his or her designee within seven (7) working days of its presentation at the Informal Step. The grievance will include a statement of the facts and provision(s) of the Contract alleged to have been violated. The Town Administrator or his or her designee shall meet with the grievant and/or the Union representative within seven (7) working days from the time the grievance is presented to him and shall answer the grievance in writing within seven (7) working days after the meeting.
Step 2. If the Town Administrator does not hear the grievance at Step 1 and the grievance is not resolved at Step 1, the Union shall forward the grievance in writing to the Town Administrator within seven (7) working days of the occurrenceStep 1 answer. If further action The Town Administrator shall meet with the local Union representative and/or an International Union representative within seven (7) working days of when the grievance is forwarded to be taken, then him in writing. The Town Administrator shall answer the grievance in writing within ten seven (107) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatemeeting. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, If the grievance may be referred to arbitration was answered by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Town Administrator in Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer answer does not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of resolve the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedStep 3 will follow Step 1.)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1 – Grievance Procedure Effective January 1, 2014, the following grievance and arbitration procedure will be implemented. During the period August 1, 2013 through and including December 31, 2013, the grievance and arbi- tration procedure of the UPS/Teamsters Local 804 Supplement August 1, 2008 through July 31, 2013, will remain in effect. A grievance is hereby jointly defined to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee be any controversy, com- plaint, misunderstanding, difference or Union shall first discuss observance of any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps provi- sions of this grievance procedure Agreement. It is mutually agreed that any difference arising between the Company and the Union or an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 employee of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, Company as to the interpretationmeaning, application, administration or alleged violation of any observance of the provisions of this Agreement, such difference shall be settled in the following manner:
(a) The aggrieved employee or Union Representative employees shall first take the griev- ance up with the shop xxxxxxx who in turn will bring it take the grievance up with the supervisor in charge. Employees shall have the shop xxxxxxx present on any grievance. Grievances must be submitted to the attention of the immediate supervisor to settle such differences within ten (10) working days after the occurrence of the occurrencesuch grievance. If further action a satisfactory settlement is not effected with the supervisor within one (1) working day, the employee shall submit such grievance to be takenthe Union’s representative in writing.
(b) If no satisfactory adjustment is agreed upon the matter shall, then within ten (10) working days after step 1, be referred in writing by an Officer of the discussion, Union to the employeeDivision Manager of the Company or some other Executive Officer of the Company with the authority to act, who may request shall review the assistance alleged grievance and offer a decision in writing within two (2) working days after receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will same.
(c) All grievances which cannot be held adjusted between the parties may be submitted for a binding determination upon written notice of either party to the other within ten (10) daysworking days of the fail- ure to agree under paragraph b. above, to the UPS/Local 804 Panel. The UPS/Local 804 Panel shall establish a minimum of two (2) cal- endar days each month for Panel hearings except in December, on a yearly basis.
(d) The UPS/Local 804 Panel shall be composed of two (2) or (3) United Parcel Service representatives and the same number of Local 804 approved representatives. The expense incurred by the UPS/Local 804 Panel shall be split equally by the parties.
(e) In order that the UPS/Local 804 Panel may operate effectively and efficiently, the parties agree that an individual will be mutually selected to be an administrator for the Panel. The Administrator shall give not be involved in making the Panel decisions. The Administrator shall docket cases; prepare the docket; email and mail a written decision within ten (10) days copy prior to the scheduled meeting to each member of the meeting Committee; prepare and keep minutes of the hearings; and email and mail copies of the minutes to all involved UPS and Local 804 representatives.
(f) A grievance to be heard by the UPS/Local 804 Panel must be put in writing and submitted to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.less than thirteen
Appears in 2 contracts
Samples: Supplemental Agreement, Supplemental Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The 10.1 In a mutual effort to provide harmonious working relationship between the parties to this agreement believe Agreement, it is important agreed to adjust complaints and understood that there shall be a procedure for the resolution of grievances as quickly as possible as provided for herein. The employee between the parties and that such procedures shall cover grievances involving the application or Union shall first discuss any individual complaint informally with the Director interpretation of Care or designate at the first opportunitythis Agreement.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of 10.2 For the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions purpose of this Agreement, the a grievance is defined as a claim or complaint that an employee or Union Representative will bring it group of employees may have that the Employer has violated a specific provision of this Agreement, provided such specific provision is subject to the attention grievance and arbitration procedures of this Agreement.
10.3 Time is considered to be of the immediate supervisor essence for purposes of this Article. Accordingly, any grievance not submitted or processed by the grieving party in accordance with the time limits provided below shall be considered conclusively abandoned and shall be barred, forfeited and foreclosed for all contractual purposes and shall result in the forfeiture of all rights to settle such differences arbitration. Any grievance not answered by the Village within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Time limits may be extended only by written mutual consent of the parties. Days in this Article shall be working days excluding holidays.
10.4 All grievances must be reduced to writing and must contain the following information:
(a) The specific Article and Section of the Agreement alleged to have been violated by the Employer;
(b) A full statement of the grievance, giving a complete description of the facts and dates and times of the events involved in the alleged violation, and the specific remedy desired by the grievant;
(c) Signature of grievant or FOP Staff Representative and date signed; and,
(d) Designation of the union xxxxxxx or business agent if the grievant requests union representation.
10.5 Grievances shall be presented in the following manner:
Step 1 - In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, he may, within ten (10) days of the occurrence. If further action is events which gave rise to be takenthe alleged grievance, then within ten (10) days reduce the grievance to writing and submit it to his supervisor outside of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysbargaining unit. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled signed by the employee or abandoned.
8.04 A written grievance will indicate FOP Staff Representative and shall state; (a) the nature date of the grievance alleged events which gave rise to the grievance; (b) the specific Article or Articles and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version paragraphs of this form and a process for signing.
8.05 Time limits fixed in Agreement allegedly violated; (c) statement of fact pertaining to or giving rise to the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the alleged grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.; and
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinAny grievance or dispute which may arise between the parties, including the application, meaning or interpretation of the Agreement, shall be settled in the following manner:
Step 1. The employee or Union shall first discuss any individual complaint informally Xxxxxxx, with the Director consent of Care the Employee(s), shall take up the grievance or designate at dispute with the first opportunity.
8.02 In all steps Employee’s immediate supervisor and Department Head within thirty (30) calendar days of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 the date of the grievance procedure a representative or the Employee’s knowledge of its occurrence. Upon receipt of the Ontario Nurses' Association may be present at grievance, the request of either party.
8.03 Should any dispute arise between Supervisor and Department Head shall attempt to adjust the Employer matter and an employeeshall respond, or between the Employer and the Unionin writing, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences Xxxxxxx within ten (10) days of the occurrenceworking days.
Step 2. If further action is the grievance still remains unadjusted, it shall be presented by the Union Xxxxxxx, Union representative or grievance committee to be taken, then the City Administrator either orally or in writing within ten (10) working days after the response of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the department head is due. The City Administrator or designate. A meeting will be held between his/her designee shall meet with the parties Union Xxxxxxx or grievance committee, with or without the aggrieved Employee within ten (10) days. The Administrator working days after receipt of the appeal from Step 2, and shall make every reasonable effort to settle the grievance and give a written decision the Union his/her answer in writing within ten (10) working days of after said meeting.
Step 3. If the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablestill remains unsettled, the grievance Union may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten thirty (1030) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature reply of the grievance and City Administrator is received or the remedy sought date on which it is due, by written notice to the grievorCity Administrator make known its intent to continue to arbitration. Union grievances The parties shall be set out on the union grievance formselect a mutually agreeable arbitrator. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within At the time limit(s) fixed, such failure the Union notifies the City Administrator of its intent to respond shall be deemed proceed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedarbitration, it shall suggest the names of arbitrator(s). Within five (5) days receipt of such request, the City Administrator shall agree to the name(s) suggested, reject all the names or suggest alternate name(s). Failure of either party to respond to the other or to request a time extension shall mean any and /or all the names suggested by the opposite party are acceptable. If no agreement is reached on the arbitrator, the Union may request the Maine State Board of Arbitration to hear the case. The decision of the arbitrator shall be considered to have been settled or abandonedfinal and binding on both parties. All fees and expenses of the arbitrator shall be divided equally between the parties except each party shall bear the costs of preparing and presenting its own case.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1 – Grievance Procedure Effective January 1, 2014, the following grievance and arbitration procedure will be implemented. During the period August 1, 2013 through and including December 31, 2013, the grievance and arbi- tration procedure of the UPS/Teamsters Local 804 Supplement August 1, 2008 through July 31, 2013, will remain in effect. A grievance is hereby jointly defined to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee be any controversy, com- plaint, misunderstanding, difference or Union shall first discuss observance of any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps provi- sions of this grievance procedure Agreement. It is mutually agreed that any difference arising between the Company and the Union or an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 employee of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, Company as to the interpretationmeaning, application, administration or alleged violation of any observance of the provisions of this Agreement, such difference shall be settled in the following manner:
(a) The aggrieved employee or Union Representative employees shall first take the griev- ance up with the shop xxxxxxx who in turn will bring it take the grievance up with the supervisor in charge. Employees shall have the shop xxxxxxx present on any grievance. Grievances must be submitted to the attention of the immediate supervisor to settle such differences within ten (10) working days after the occurrence of the occurrencesuch grievance. If further action a satisfactory settlement is not effected with the supervisor within one (1) working day, the employee shall submit such grievance to be takenthe Union’s representative in writing.
(b) If no satisfactory adjustment is agreed upon the matter shall, then within ten (10) working days after step 1, be referred in writing by an Officer of the discussion, Union to the employeeDivision Manager of the Company or some other Executive Officer of the Company with the authority to act, who may request shall review the assistance alleged grievance and offer a decision in writing within two (2) working days after receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will same.
(c) All grievances which cannot be held adjusted between the parties may be submitted for a binding determination upon written notice of either party to the other within ten (10) daysworking days of the fail- xxx to agree under paragraph b. above, to the UPS/Local 804 Panel. The UPS/Local 804 Panel shall establish a minimum of two (2) cal- endar days each month for Panel hearings except in December, on a yearly basis.
(d) The UPS/Local 804 Panel shall be composed of two (2) or (3) United Parcel Service representatives and the same number of Local 804 approved representatives. The expense incurred by the UPS/Local 804 Panel shall be split equally by the parties.
(e) In order that the UPS/Local 804 Panel may operate effectively and efficiently, the parties agree that an individual will be mutually selected to be an administrator for the Panel. The Administrator shall give not be involved in making the Panel decisions. The Administrator shall docket cases; prepare the docket; email and mail a written decision within ten (10) days copy prior to the scheduled meeting to each member of the meeting Committee; prepare and keep minutes of the hearings; and email and mail copies of the minutes to all involved UPS and Local 804 representatives.
(f) A grievance to be heard by the UPS/Local 804 Panel must be put in writing and submitted to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.less than thirteen
Appears in 2 contracts
Samples: Supplemental Agreement, Supplemental Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeunion representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints Section 1. Should differences arise between the Office and grievances the Union as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, employees covered by this Agreement as to the interpretation, application, administration or alleged violation of any of the provisions meaning and application of this Agreement, there shall be no strike, sympathetic or otherwise, walkout, slow down or work stoppage of any nature, by the employee Union or Union Representative will bring it to employees, and there shall be no lockout by the attention of Office, but the immediate supervisor parties shall make an xxxxxxx effort to settle such differences within ten (10) days promptly by the grievance procedure set forth below; however, the establishment of the occurrencesteps in the grievance procedure for the formal handling of grievances shall not prohibit or discourage discussion between an employee and a member of Management, and it shall not prohibit or discourage the amicable solution of such matters without recourse to the grievance procedure.
Step 1. The aggrieved employee shall take the grievance up with her supervisor, within the scope of her authority, within three (3) working days after the grievance originally occurs or the matter shall be considered closed. Such employee may have the Union bargaining Committee member present at this meeting.
Step 2. If further action is a satisfactory settlement has not been effected within seven (7) working days after the grievance was presented in Step 1., the grievance shall be reduced to be takenwriting, then within ten (10) days containing the basis of the discussiongrievance, and shall be signed by the aggrieved employee or, in his absence, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designaterepresentative. A meeting shall then be held, within seven (7) working days after the receipt of same by the supervisor between the aggrieved employee and the Union representative.
Step 3. If a satisfactory settlement has not been effected within said seven (7) day period, a meeting will be held between the parties aggrieved employee, the Union, bargaining committee member, the Union’s International Representative, and the, supervisor and such other as the Office might designate. Said meeting shall then be held within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) working days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature receipt of the grievance and the remedy sought same by the grievorOffice. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond The Office within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to (a) Any dispute between a Local Union and a Local Employer or any grievance by any Employee covered under this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director Agreement that arises out of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any this Agreement shall be adjusted if possible, by the Local Union Representative and the Local Employer or his designated Representative. A meeting between the Local Union Representative and the Local Employer or his designated Representative shall be called within two (2) working days of receipt of notice of the provisions dispute or grievance by the party grieved against. If the dispute or grievance is not settled within three (3) working days of such receipt, then the grieving party may refer it to Arbitration in accordance with Article 3(d) below or under Section 133 of the OLRA.
(b) Where any difference between the Employer and the Union arises from the interpretation, application, administration or alleged contravention of the Agreement then either party may send notification of such difference or grievance to the other. The parties shall meet as soon as conveniently possible to attempt to settle the matter. If the dispute or grievance is not settled within three (3) working days of such meeting or if such a meeting fails to be arranged, then the grieving party may refer it to Arbitration in accordance with Article 3 (d) below or under Section 133 of the OLRA.
(c) The Union and Employer agree that it is in the best interest of both parties to hold regularly scheduled regional meetings to discuss matters of mutual interest.
(d) Arbitration Procedure - Where a difference arises between the parties hereto relating to the interpretation, application or administration of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions question as to whether a matter is arbitrablearbitrable or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance may be referred to arbitration by either party. If no written notice procedure established above, notify the other party in writing of intent its desire to submit the matter for arbitration is received difference or allegation to arbitration, and the notice shall contain the name of the first party's Appointee to the Arbitration Board. The recipient of the notice shall within ten five (105) working days after advise the other party of the name of its Appointee to the Arbitration Board. The two Appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two Appointees fail to agree upon a Chairperson within the time limits, the appointment shall be made by the Minister of Labour of Ontario, upon the request of either Party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision under Step Noshall be final and binding upon the parties and upon any Employee or Employer affected by it. 1 The decision of a majority shall be the decision of the Arbitration Board, and if there is received, no majority the decision of the Chairperson shall govern. The fees and expenses of the Chairperson shall be borne one-half by the Union and one- half by the Employers. Any other costs or expenses in connection with such Arbitration shall be borne by the party which incurs them.
(e) No dispute or grievance shall be deemed considered by the parties nor shall it be subject to have been settled or abandoned.
8.04 A written grievance will indicate the nature provisions of this Article unless it is presented within twenty (20) working days from the date the Local Union and/or Union became aware of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingalleged dispute or grievance.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties A. A grievance shall be defined as any dispute or controversy related to wages, hours, or working conditions, or the interpretation or application of this agreement believe it is important MOU, as applied to adjust complaints a member of the bargaining unit or the bargaining unit as a whole (hereinafter "grievant") which arises between the Agency and grievances as quickly as possible as provided for hereinthe Union. The employee procedures set forth herein shall be the exclusive means of handling and resolving any grievance arising hereunder.
B. First Step. Any grievance arising under this article shall be discussed in a meeting between the department head or other supervisory staff authorized by the department head, the Union Xxxxxxx and the grievant within three (3) working days of the request for such a meeting. Such request shall first discuss any individual complaint informally with be made within five (5) working days of the Director occurrence of Care the incident giving rise to the grievance, or the discovery thereof. In the absence of the department head, the administrator shall designate another management employee, other than the administrator, to attend in the place of the department head. It shall be the policy of the Union and the Agency to resolve all grievances at the first opportunitystep wherever and whenever possible.
8.02 In all steps of this C. Second Step.
1. If the grievance procedure an aggrieved employeeis not resolved at the first step, if she so desires the grievant may be accompanied by or represented by her Union Representative. At Step 1 elect to take the matter to the second step of the grievance procedure procedure. In order to take the grievance to the second step, the grievant must set forth in writing a representative detailed statement of the Ontario Nurses' Association may be present at facts and issues raised in the grievance. The second step request must also contain a statement of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer specific acts of management and the Union, as to the interpretation, application, administration or alleged violation of any specific provisions of the provisions Memorandum of this Agreement, Understanding of which the employee or Union Representative will bring it to grievant contends management is in violation. All second step grievances must be filed with the attention of the immediate supervisor to settle such differences Administrator within ten (10) working days of the occurrencedate of the department head's response to the first step grievance, or they shall be determined as untimely.
2. The Administrator, the Union xxxxxxx, and the grievant shall meet within five (5) working days after the administrator has received the written grievance. The issues discussed at the second step meeting shall be limited to those set forth in the written grievance.
3. If further action the grievance is to be takennot satisfactorily resolved at the meeting, then the administrator shall issue a written response within ten (10) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between Union setting forth the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter specific reasons for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoneddenial.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeunion representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties 17.01 Members of the bargaining unit will follow all written and verbal orders given by supervisors even if such orders are alleged to be in conflict with this agreement believe it is important Agreement. Compliance with such orders will not prejudice the right to adjust complaints and grievances as quickly as possible as provided for file a grievance within the time limits contained herein. The employee or Union , nor shall first discuss any individual complaint informally with compliance affect the Director ultimate resolution of Care or designate at the first opportunitygrievance.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of 17.02 For the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of positions covered under this Agreement, a grievance is a claimed violation of this Agreement and/or Orange County Policy Manual Operational Regulations, Administrative Regulations, Departmental SOPs, Performance Evaluations that adversely impact pay or promotions or any other County or departmental policy which govern the members of this unit. No grievance will or need be entertained or processed unless prepared in writing in the manner described herein and unless filed in the manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee and/or by the Union. Union grievances must be approved by a principal officer and submitted by an Executive Board member and/or union staff member. In the event that the Union files a separate grievance on the same or Union Representative will bring it related issue which gave rise to the attention original grievance, all related grievances must be consolidated for review. Union and termination grievances shall be automatically handled at Step 2 by the Fire Chief or designee. The grievant and Management may agree to waive Step 1 in any grievance. Grievances regarding oral warnings may not be advanced beyond Step 2. Grievances regarding written reprimands and performance evaluations may not be advanced beyond Step 3. In regards to transfers-mandatory transfers may proceed to arbitration. Transfers as defined in 28.02A (3) shall not be eligible for grievance. Oral warnings and written reprimands will not be considered as a basis for further disciplinary action after eighteen (18) months from the date of discipline. This exclusion does not apply when the offense of the immediate supervisor reprimand for which discipline involves harassment or workplace violence.
A. It is the intent of the parties that a grievance must be raised at the earliest possible time. Any grievance in order to settle such differences be entertained and processed must be submitted in writing at Step 1 (Pre-Grievance) within ten (10) business days after initial knowledge of the occurrence. If further action is allegedly giving rise to be takenthe grievance; which means, then within ten (10) business days after knowledge of a final decision which will or may result in the adverse personnel action which is the subject of the discussiongrievance.
B. A matter otherwise constituting a grievance not presented at Step 1 within the time limit prescribed in Step 1 and in compliance with paragraph A, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officerabove, shall submit be conclusively barred on the written merits following expiration of the prescribed time limit. Such a time barred grievance need not be entertained or processed, and only facts disputed as to timing will be the subject of any arbitration resulting from the matter. Failure on the part of the County to respond within the time limit set forth at steps one and two automatically moves the grievance to the Administrator next step. Failure on the part of the aggrieved employee or designateUnion to so proceed within the time limit after expiration of the time limit for the County's response shall cause the matter to be barred as set forth in this paragraph.
C. A time limit at any stage of the grievance procedure may be extended by written mutual agreement of the Union and the County.
D. All grievances shall be dated and signed by the aggrieved employee or Union representative. Any decision rendered shall be in writing and shall be dated and signed by the County's representative at that step.
E. In any grievance, there shall be set forth in space provided on the grievance form or on attachments, if necessary, all of the following:
1. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature complete statement of the grievance and the remedy sought by the grievorfacts upon which it is based;
2. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version The section or sections of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered Agreement claimed to have been settled violated and/or Orange County Policy Manual, Operational Regulations, Administrative Regulations, Departmental SOPs, Performance Evaluations that adversely impact pay or abandonedpromotions or any other County or departmental policy or practice which govern the members of this unit;
3. The remedy or correction requested.
F. Unless mutually agreed, all grievance hearings will be held during business hours and when the grievant is on duty whenever possible.
G. Any grievance filed on behalf of or for the benefit of any employee or employees must specifically name all such employees and may not be amended after completion of Step 2 to add names. No monetary or other relief shall be granted or awarded to any employee not so named unless the County so decides.
H. In all cases requiring the aggrieved employee or the Union to timely present or advance a grievance to a designated County official, hand delivery during the hours of 9:00 AM until 5:00 PM, Monday through Friday, except holidays hereunder, to the office of that official shall be sufficient for compliance with prescribed time limits if the designated official is not personally available for service.
I. Nothing in this Agreement shall prohibit the presence of a Union representative at all steps provided in this procedure.
J. Non dues paying members may avail themselves of each step of the grievance procedure.
K. As used in this Article, the term business days does not include Saturdays, Sundays and Holidays.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays.
Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City.
8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought.
Section 4. Grievances shall be processed in the following manner:
Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department=s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee.
Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Human Resources Director in writing, within five (5)
Section 5. If no It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon.
Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties (a) A complaint is an Administrator’s expression of dissatisfaction with aspects of his/her employment or working conditions which are outside his/her control and which are addressed to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinhis/her immediate superior. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate complaining Administrator may, at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employeehis/her option, if she so desires may be accompanied by a member of the Professional Rights and Responsibilities Committee (hereinafter called the P.R.&R. Committee) of the Association while discussing his/her complaint. All parties involved will make a sincere effort to resolve the complaint as expeditiously as possible.
(b) A grievance is a written statement of dissatisfaction by an Administrator or represented by her Union Representativea group of Administrators with employment or working conditions which has not been resolved at the complaint stage or a claim of the Association made in its own behalf or in behalf of all or a portion of the membership of Unit B which involves the interpretation or application of some provision of this Agreement.
(c) An Administrator or group of Administrators wishing to institute a formal grievance must so notify the P.R.&R. Committee on one of its forms developed for that purpose. At Step 1 Thereafter it shall be the responsibility of the P.R.&R. Committee to advise the aggrieved Administrators on their grievances and to aid them in the formal drafting of their grievances. It shall be the responsibility of the P.R.&R. Committee to process grievances through all of the steps of the grievance procedure a representative procedure, to receive and process all correspondence and replies regarding pending grievances and to inform aggrieved Administrators of the Ontario Nurses' Association may status of their grievances at each step of the procedure. The formal grievances submitted by the P.R.&R. Committee shall be present at on the request form attached hereto as Appendix F.
(d) The procedure to be followed in instituting and processing grievances shall be as follows:
Step 1. Within twenty (20) school days from the occurrence of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as event giving rise to the interpretation, application, administration grievance or alleged violation of any of the provisions time the grievant(s) or Association first knew or had reason to know of this Agreementsuch event, whichever occurs later, the employee or Union Representative will bring it written grievance form shall be submitted to the attention of the immediate supervisor of the Administrator. Within ten (10) school days after the institution of the grievance, the immediate superior shall arrange a meeting with the appropriate P.R.&R. Committee representative to settle such differences discuss the grievance and provide his/her written answer to the grievance on the grievance form.
Step 2. If the grievance is not resolved at Step 1 then, within ten (10) school days after the Step 1 answer, it may be referred to the Superintendent. Grievances filed by the Association in its own behalf or in behalf of all or a portion of its membership in Unit B involving the occurrenceinterpretation or application of some provision of this Agreement shall be instituted at this level. If further action is The Superintendent shall arrange a meeting with the appropriate P.R.&R. Committee representative and provide a written answer to be taken, then the grievance within ten (10) school days after it is referred to him/her.
Step 3. If the Superintendent’s answer does not resolve the grievance, then within twenty (20) school days thereafter, the Executive Board of the Association, acting with advice from the P.R.&R. Committee, may submit the grievance to the American Arbitration Association for the selection of an arbitrator and the arbitration of the grievance under its then‐current rules. No Administrator shall have the right to require arbitration, that right being reserved to the Association. The decision of the arbitrator shall be final and binding upon the parties, unless contrary to law. However, he/she shall have no authority to change, alter, add to or detract from the terms of this Agreement. The costs of the arbitration proceeding shall be shared equally between the parties but each party shall bear the expense of preparing and presenting its own case.
(e) The grievance as stated in the Request for Arbitration shall constitute the sole and entire subject matter to be heard by the arbitrator unless the parties agree to modify the scope of the hearing.
(f) Any of the time limits provided for herein may be waived or extended by the mutual agreement of the parties.
(g) The aggrieved Administrator shall have the option of whether or not to attend or participate in any of the meetings concerning his/her grievance.
(h) The Superintendent’s office or the immediate superior involved in any grievance shall make available, upon request, any records that are pertinent to any pending grievance or arbitration proceeding.
(i) Administrators required to attend grievance meetings or arbitration cases scheduled during school hours shall be released from their regular duties for such attendance without loss of compensation.
(j) In any case in which the later of the occurrence of the event giving rise to the grievance or the time as of which the grievant(s) or Association first knew or had reason to know of such event occurs within twenty (20) school days of the discussionend of the school year, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in paragraph (d) of this Agreement, unless mutually extended, it Article shall be considered to have been settled or abandonedmeasured in terms of business days rather than school days. A business day is defined as any day on which the Central Office is open for school business.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with For the Director of Care or designate at the first opportunity.
8.02 In all steps purpose of this grievance procedure an aggrieved employeeArticle, if she so desires may be accompanied by unless otherwise specified, the reference to “Union” shall mean the xxxxxxx or represented by her Union Representativeunit chair. At Step 1 of Grievance An employee shall have the grievance procedure a representative of right to grieve any complaint arising from the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employeeapplication, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of this Agreement. It is understood that nothing contained in this Article is intended to preclude the informal discussion and review of employee concerns or complaints between employees and members of management. The parties recognize that the Canada Labour Code provides that any employee may present personal grievance to the Company at any time. Any such grievance may be subject to consideration and adjustment as provided in the following Articles on grievance procedure. No employee shall have a grievance until the employee, with the assistance of a Union representative if so desired, has met with his or her immediate Manager with the objective of resolving the complaint. Such a meeting shall occur not later then ten (10) days following the date from which the employee became aware or reasonably should have become aware of the provisions event or circumstances giving rise to the complaint. A written response shall be made to the employee with a copy to the unit chair within five (5) working days of this Agreementmeeting. If the matter is not resolved, the employee or Union Representative will bring following shall be the procedure for the adjustment and settlement thereof STEP In the event the complaint is not resolved, a grievance may be taken up in the following manner and sequence provided it to the attention of the immediate supervisor to settle such differences is presented within ten (10) days of the occurrenceManager’s reply to the complaint: the Union shall present the grievance in writing, in the case of an individual grievance, to the Departmental Manager (or designate) setting forth the nature of the grievance, and the remedy sought. If further action is to be taken, then The Departmental Manager or designate shall arrange a meeting with the Union within ten (10) working days of the discussionreceipt of the grievance at which the griever, in the employeecase of an individual grievance, who may request attend, if requested by either party, and discuss the grievance. The Departmental Manager, or designate may have such assistance of her Union at the meeting as is considered necessary. The Departmental Manager, or designate will give the National Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties and Unit Chair a decision in writing within ten (10) working days or less following the meeting with a copy to the griever and the Union. STEP In the event that the grievance is not resolved in STEP the grievance may be referred to he Director of Human Resources or designate, and a Union National Representative and Unit Chair for further discussion and consideration within fifteen (15) working days. The Administrator Company shall give a provide the National Representative and Unit Chair with written notice of their decision within ten (10) working days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandonedtheir discussion and/or meeting.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties .01 This grievance procedure is not intended to this agreement believe it is important to adjust complaints preclude any discussion between Employees, Union Representatives and grievances as quickly as possible as provided for hereinCompany Representatives. An Employee should discuss a complaint with an In-Flight Manager before presenting a grievance through the authorized Representative of the Alliance. The employee or Union In-Flight Manager shall first discuss any individual the complaint informally with the Director Employee in an attempt to resolve the issue and may remind the Employee of Care the right to have an Alliance xxxxxxx or designate at other authorized Representative of the first opportunityAlliance present during such discussion.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should .02 If any dispute arise between the Employer and an employee, or between the Employer and the Union, as to differences concerning the interpretation, application, administration operation or any alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held Agreement arise between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance Company and the remedy sought by Union, or between the grievor. Union grievances shall be set out on Employee(s) and the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedCompany, it shall be processed according to the following grievance procedure. Grievances involving the interpretation, application, operation or any alleged violation of the Agreement must have the approval and support of the bargaining agent.
.03 The time limits set out in the grievance procedure are mandatory for both parties. All time limits shall exclude Saturdays, Sundays and General Holidays and may be extended by mutual agreement in writing. Such agreement will not be unreasonably withheld.
.04 If the time limits set out in the Complaint Step or Step 2 of the grievance procedure are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits.
.05 If the Company fails to meet a time limit, the Union, at its option, may either advance the grievance to the next step or await the Company’s response, in which case no time limit shall apply against the Union until it has received the Company’s response.
.06 Employee(s) upon request shall have been settled or abandonedthe right to be represented at any step of the grievance procedure. The Employee(s) and the Union Representative shall be given reasonable leave with pay to attend such meetings. The Union shall be given full opportunity to present evidence and make representations throughout the grievance procedure.
.07 The Company shall post the names and/or titles of the appropriate designated Company Representatives at its pre-flight briefing facility.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with A. A grievance within the Director of Care or designate at the first opportunity.
8.02 In all steps meaning of this grievance procedure an aggrieved employee, if she so desires may Agreement shall be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to concerning the interpretation, application, administration application or alleged claimed violation of any of the provisions a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement.
B. An aggrieved graduate employee or the Union shall present a grievance within fifteen
C. The steps set forth below will be followed in the processing of grievances:
Step 1. The graduate employee shall discuss the grievance with the appropriate faculty member or administrator, as the case may be, within the graduate employee’s department or in the appropriate unit of the assistantship. If the grievance is not adjusted satisfactorily to the graduate employee within ten (10) days, the employee or Union Representative will bring it may appeal the grievance to Step 2.
Step 2. Grievances appealed to Step 2 shall be reduced to writing and sent to the
Step 3. A grievance not settled in Step 2 may be appealed in writing to the attention Xxxxxxx of the immediate supervisor to settle such differences University, or his/her designee, within ten (10) days of the occurrenceStep 2 denial. If further action is The Xxxxxxx or Xxxxxxx'x designee shall meet with the Union to be taken, then discuss the grievance within ten (10) days of the discussion, the employee, who may request the assistance receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysappeal. The Administrator shall give Xxxxxxx or designee will render a written decision within ten fifteen (1015) days of receipt of the meeting appeal.
D. The University may present a grievance initially at step 3 by notice in writing addressed to the Bargaining Unit President or her designate with a copy Union at its offices. The Union shall respond in writing to the Labour Relations OfficerUniversity's grievance within five (5) days.
E. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of the Agreement. Should Failure on the Administrator fail part of either party to render his decision or failing settlement of answer a grievance at any grievance under step shall not be deemed acquiescence thereto, and the foregoing procedure, including any questions as grieving party may proceed to whether a matter the next step.
(1) If either party is arbitrablenot satisfied with the Step 3 response, the grievance may be referred taken to arbitration by either partythe University or the Union within thirty (30) days of the Step 3 response. If no written notice of intent to submit the matter for The time within which a party may request arbitration is received within ten of the essence. A party shall request
(102) days after The Arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined in paragraph A above and shall not have authority to add to, subtract from, modify or amend in any way the provisions of this Agreement. The decision under Step No. 1 is receivedof the Arbitrator shall be final and binding upon the Union, the grievance University and the graduate employee. The fees and expenses of the American Arbitration Association and the Arbitrator shall be deemed to have been settled or abandonedborne equally by the parties.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought G. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the grievor. Union grievances shall be set out on University with respect to the union grievance form. Alternately, the parties may agree to an electronic version University’s exercise of management or academic rights under Article XXII (Management and Academic Rights) of this form and a process for signingagreement.
8.05 Time H. The time limits fixed provided for in the grievance this Article shall not include Saturdays, Sundays and arbitration procedures University Holidays. All time limits herein may be extended only by writtenmutual agreement.
I. Grievances concerning the discharge of a graduate employee, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.and/or grievances
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties (a) All grievances involving the interpretation and application of the Agreement other than those pertaining to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee general wage rates, or Union jurisdiction disputes, that may arise on a job covered by the Agreement, shall be handled in the following manner with the understanding that there shall be no suspension of work or strike or lockout.
(b) Any such grievance shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied considered by or represented by her Union Representative. At Step 1 representatives of the Local Union and the Employer and if settlement satisfactory to the Employer and Local Union cannot be reached within seven (7) calendar days, it will be reduced to writing and submitted to:
(c) The International Representative of the Union and the Employer involved, and if a settlement satisfactory to the Employer and Union cannot be reached within seven (7) calendar days;
(d) Then the grievance procedure will be submitted in writing within seven (7) calendar days by the Union or by the Employer or by both to the Arbitration Committee consisting of a representative of the Ontario Nurses' Association may be present at the request Union, a representative of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as a third member to the interpretation, application, administration or alleged violation of any be chosen by those two (2) jointly. The decision of the provisions of this Agreement, the employee or Union Representative will bring it to the attention majority of the immediate supervisor to settle Arbitration Committee shall be final and binding on the parties involved. Such decisions shall not change such differences scope and terms; shall be rendered within ten (10) calendar days from the time of reference to the Arbitration Committee and shall specify whether or not it is retroactive and the effective date thereof.
(e) If the two (2) members of the Arbitration Committee fail to select a neutral member within five (5) calendar days the two (2) members already appointed shall within five (5) calendar days, call upon the Federal Mediation and Conciliation Service to make the third selection. In the event either the Employer’s or Union’s representative fails to cooperate in calling upon the Federal Mediation and Conciliation Service within the said five (5) calendar days, the other representative shall have the authority to make such request.
(f) The expenses of the third member of the Arbitration Committee shall be borne equally by the Union and the Employer. All other expenses of the arbitration procedure will be borne by the party incurring them.
(g) Any grievance must be submitted in writing to the other party within fifteen (15) calendar days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator occurrence or designate. A meeting it will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandonedconsidered closed.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Construction Agreement, Construction Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1 In a mutual effort to provide a harmonious working relationship between the Parties to this agreement believe Agreement, it is important to adjust complaints and agreed that there is a procedure for the resolution of grievances between the Parties arising from any alleged violation of a specific term of this Agreement.
Section 2 For the purpose of this Agreement, a grievance is defined as quickly as possible as provided for herein. The a dispute, claim or complaint that any employee or the Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, have as to the interpretation, application, administration or and/or alleged violation of any some express provision(s) of this Agreement which is subject to the Grievance Procedure.
A. Every effort will be made by the Parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with and can only be extended by mutual agreement of the provisions Parties in writing. Any grievance shall be considered settled at the last level considered if the grievant fails to timely process the grievance to the next level.
B. The commencing of legal proceedings against the Sheriff in a court of law or equity, or before the Public Employee Relations Commission, for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be a waiver by the Party commencing the proceeding of its/their right to resort to the grievance and arbitration procedure contained in this Article and any grievance that has already been filed over the same subject will be dismissed. Except as otherwise specifically provided, the Grievance and Arbitration Procedure is the sole remedy for any alleged violations of this Agreement. It is the intent of both parties that the same relief not be heard under both the Arbitration Procedure and before PERC or a court or any administrative agency or body.
Section 4 All grievances must be in writing and must contain the following information:
A. Article(s) and Section(s) of the Agreement alleged to have been violated;
B. A general statement of the grievance, including facts, dates and times of events and the remedy or adjustment desired;
C. Signature of aggrieved employee or the Union Representative will bring it representative and date signed. Grievances shall be processed in accordance with the following procedures:
STEP 1: The grievant or PBA shall present in writing his/her grievance to the attention employee’s immediate supervisor within fourteen (14) calendar days of the immediate occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The supervisor shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievance was presented to him/her. Failure of the supervisor to settle such differences timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2.
STEP 2: If the grievance is not settled at the first step, the grievant or PBA within ten fourteen (1014) calendars days of the answer in Step 1, or if no answer was received under Step 1, within fourteen (14) days of the occurrencedate the answer was due, may appeal the grievance to the appropriate Captain. The Captain or designee may investigate the alleged grievance and may, within fourteen (14) calendar days of receipt of the written grievance, conduct a meeting between the Captain, other Sheriff’s representatives as necessary, the grievant and/or the grievant’s Union representative. The Captain shall notify the aggrieved employee of a decision no later than fourteen
STEP 3: If further action the grievance is to be takennot settled in Step 2, then the grievant or PBA within ten fourteen (1014) calendar days of the discussionanswer in Step 2, the employeeor if no answer was received under Step 2, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten fourteen (1014) days. The Administrator shall give a written decision within ten (10) calendar days of the meeting date the answer was due, may appeal the Step 2 answer to the Bargaining Unit President Sheriff. The Sheriff or her designate with designee, may investigate the grievance as appropriate and may, within fourteen (14) calendar days of receipt of the written grievance, conduct a copy to hearing or meeting between the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedureSheriff, including any questions other MCSO representatives as to whether a matter is arbitrableneeded, the grievance may be referred to arbitration by either partygrievant and/or the grievant’s Union representative. If no written notice The Sheriff shall notify the grievant in writing of intent to submit a decision not later than fourteen (14) calendar days following the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, submission of the grievance at Step 3. Failure of the Sheriff to timely respond shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature considered a denial of the grievance and shall entitle the remedy sought grievant to appeal to Step 4.
STEP 4: If a grievance has not been satisfactorily resolved within the grievance procedures, the PBA may, within fourteen (14) calendar days after the response is received at Step 3 of the Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service (“FMCS”). A copy of the written request will be provided to the Sheriff who will be referred to as the MCSO representative on the request form.
Section 6 Upon receipt of the list, each Party shall alternate striking arbitrators, beginning with the Party who requested the arbitration panel. The last remaining arbitrator shall hear and rule upon the grievance. The parties can mutually agree to change to the American Arbitration Association during the term of the contract. Either party may strike an entire panel. The following general rules are applicable to this Article:
A. The PBA may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or precedent in any subsequent arbitration case unless the Union and the Sheriff mutually agree in writing that the grievance is precedent setting.
B. No grievance can be amended or supplemented after the initial management response at Step 1 without the written consent of the Sheriff.
C. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement.
D. The arbitrator shall have no power to establish wages, rates of pay for new jobs, or to change any wage, unless the arbitrator is specifically empowered to do so by both parties.
E. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Sections 2 and 4 above.
F. The arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievances as written under Step 1 of this Agreement.
G. Unless the parties agree in writing to the contrary, only one grievance may be submitted to an arbitrator at any one hearing; however, it is agreed that grievances effecting two (2) or more members, arising out of the same facts, may be filed by the grievorPBA as a group grievance.
H. Upon request, the arbitrator shall rule on arbitrability before issuing a decision on the merits. Union grievances If a lawsuit is filed over arbitrability, the arbitration shall not commence until the suit has terminated in the trial court.
Section 8 The arbitrator’s decision shall be set out final and binding on the union grievance formUnion and on all bargaining unit employees and on the Sheriff, provided that the arbitrator’s decision is not outside or beyond the scope of the arbitrator’s jurisdiction and authority as set forth in this Agreement.
Section 9 Each Party shall bear the expense of its own witnesses and its own representatives, except on duty employees may be on call to appear. AlternatelyThe arbitrator’s xxxx shall be equally shared by the parties. Expenses of obtaining a hearing room, if any, shall be equally divided between the parties.
Section 10 The parties may agree in writing that with respect to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and any arbitration procedures may that there will be extended only by written, mutual consent no transcript of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedproceeding and/or no post arbitration briefs.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to A. Should an employee or group of employees feel aggrieved concerning wages, hours, or conditions of employment, which wages, hours, or conditions are controlled by this agreement believe it agreement, or by any statute, charter provision, ordinance, rule, regulation, or policy which is important to adjust complaints and grievances not in conflict with this agreement, or concerning any matter or condition affecting their health or safety, adjustment shall be sought as quickly as possible as provided for hereinfollows, except that in the case of disciplinary action, the Association may initiate such grievance at Step 2:
1. The employee or Union Association shall first discuss any individual complaint informally submit such grievance in writing to the Chief of Police setting forth the nature and particulars of the grievance. Within five (5) business days after the Chief receives such grievance, the Chief shall meet with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association for the purpose of resolving such grievance. Within five (5) business days after this Step 1 meeting, the Chief shall provide the Association with a written response to the grievance.
2. If such grievance is not resolved to the satisfaction of the Association within five (5) business days of receipt of the Chief's written response, the Association may be present at such grievance in writing to the request First Selectman. Within seven (7) business days after the First Selectman receives such grievance, The First Selectman and/or a designated representative shall meet with the representatives of either partythe Association for the purpose of resolving the grievance. Within seven (7) business days after this Step 2 meeting, the First Selectman or a designee shall provide the Association with a written response to the grievance.
8.03 Should any dispute arise between 3. If the Employer and an employee, or between the Employer and the Union, as response at Step 2 is not satisfactory to the interpretation, application, administration or alleged violation of any of grievant(s) and/or the provisions of this AgreementAssociation, the employee or Union Representative will bring it to grievance may be filed by the attention of the immediate supervisor to settle such differences Association, within ten (10) business days of the occurrenceStep 2 response, to the Connecticut Board of Mediation and Arbitration or to the American Arbitration Association, copy to the Town. Said Board (or the AAA.) shall hear and act upon such grievance in accordance with its rules and the provisions of this contract. The decision of the arbitrator(s) shall be final and binding on all parties. The costs of arbitration, if any, shall be shared equally by the Town and the Association, but other expenses shall be borne by the party incurring them, including payments to the representatives, witnesses, etc.
B. If further action the written grievance is to be taken, then not filed at Step A.1 - within ten thirty-five (1035) calendar days of the discussion, time the employee, who may request grievant knew or should have known of the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance incident giving rise to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing proceduregrievance, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedwhichever occurs first, the grievance shall be deemed waived and there shall be no right to have been settled arbitration. If the Town fails to meet or abandoned.
8.04 A provide written grievance will indicate response in accordance with the nature time limitations of this Article, the Association may proceed to the next step of the procedure. If the Association fails to meet or present the grievance and in accordance with the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternatelytime limitations of this Article, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed waived and there shall be no right to be a denial arbitration.
C. A day in this Article shall not mean Saturdays, Sundays or holidays observed by the Town. The parties at each step of Section A may by mutual agreement, extend the time limitations of the grievance. Should a Step.
D. Nothing contained herein shall prevent any employee from presenting their own grievance not be submitted within either by themselves or by counsel.
E. During the various time limits specified in this Agreementpendency of grievance proceedings concerning separation from service or suspension, unless mutually extended, it the employee shall be considered entitled to have been settled or abandonedkeep their insurance as set forth in Article XIV of this agreement in effect by making payments to the Town of the total amount of the insurance premiums for his coverage.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with
A. A grievance within the Director of Care or designate at the first opportunity.
8.02 In all steps meaning of this grievance procedure an aggrieved employee, if she so desires may Agreement shall be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to concerning the interpretation, application, administration application or alleged claimed violation of any of the provisions a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement.
B. An aggrieved graduate employee or the Union shall present a grievance within fifteen
C. The steps set forth below will be followed in the processing of grievances:
Step 1. The graduate employee shall discuss the grievance with the appropriate faculty member or administrator, as the case may be, within the graduate employee’s department or in the appropriate unit of the assistantship. If the grievance is not adjusted satisfactorily to the graduate employee within ten (10) days, the employee or Union Representative will bring it may appeal the grievance
Step 2. Grievances appealed to Step 2 shall be reduced to writing and sent to the attention Xxxx of the immediate supervisor appropriate school or their designee, with a copy to settle such differences the appropriate Department Chair and the University’s Office of Labor Relations. The written grievance must set forth the basis therefor with reasonable particularity, including a designation of the Article of the Agreement relied upon and the remedy requested. The Xxxx or Xxxx'x designee shall meet with the grievant and the Union within ten (10) days of the occurrencereceipt of the written grievance. If further action is The Xxxx or Xxxx'x designee shall respond to the Union in writing within ten (10) days, with a copy to the University’s Office of Labor Relations.
Step 3. A grievance not settled in Step 2 may be takenappealed in writing to the Xxxxxxx of the University, then or their designee, within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysStep 2 denial. The Administrator Xxxxxxx or Xxxxxxx'x designee shall give a written decision meet with the Union to discuss the grievance within ten (10) days of the meeting receipt of the written appeal. The Xxxxxxx or designee will render a decision within fifteen (15) days of receipt of the appeal.
D. The University may present a grievance initially at step 3 by notice in writing addressed to the Bargaining Unit President or her designate with a copy Union at its offices. The Union shall respond in writing to the Labour Relations OfficerUniversity's grievance within five (5) days.
E. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of the Agreement. Should Failure on the Administrator fail part of either party to render his decision or failing settlement of answer a grievance at any grievance under step shall not be deemed acquiescence thereto, and the foregoing procedure, including any questions as grieving party may proceed to whether a matter the next step.
(1) If either party is arbitrablenot satisfied with the Step 3 response, the grievance may be referred taken
(2) The Arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined in paragraph A above and shall not have authority to arbitration by either partyadd to, subtract from, modify or amend in any way the provisions of this Agreement. If no written notice The decision of intent to submit the matter for arbitration is received within ten (10) days after Arbitrator shall be final and binding upon the decision under Step No. 1 is receivedUnion, the grievance University and the graduate employee. The fees and expenses of the American Arbitration Association and the Arbitrator shall be deemed to have been settled or abandonedborne equally by the parties.
8.04 A written grievance will indicate G. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the nature University with respect to the University’s exercise of management or academic rights under Article XXII (Management and Academic Rights) of this agreement.
H. The time limits provided for in this Article shall not include Saturdays, Sundays and University Holidays. All time limits herein may be extended by mutual agreement.
I. Grievances concerning the discharge of a graduate employee, and/or grievances pertaining to more than one graduate employee may be initiated by the Union at Step 3 of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingprocedure.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust address complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally formally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Chief Executive Officer or designate. A meeting will be held between the parties within ten (10) days. The Administrator Chief Executive Officer shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Chief Executive Officer fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it 16.1 Where there is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at a dispute in the first opportunity.
8.02 In all steps instance as to whether the provisions of this grievance procedure an aggrieved employee, if she so desires may be accompanied by Article 16 or represented by her Union Representative. At Step 1 of the grievance procedure procedures of a representative of Schedule A agreement apply, the Ontario Nurses' Association may dispute shall be present at the request of either party.
8.03 Should any dispute arise between the Employer and presented initially to an employeearbitrator selected under Section 16.3, or between the Employer and the Union, Step 4 for resolution as to the interpretation, application, administration or alleged violation of any applicable procedures. The arbitrator shall hold an expedited hearing within forty-eight (48) hours after receipt of the provisions notice invoking the procedure and shall issue an award within twenty-four (24) hours after the close of the hearing. The award shall specify the appropriate procedure to be followed and may be issued without an opinion. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay a hearing on the merits under the appropriate procedure as determined by the arbitrator. The requesting party shall be responsible to pay any additional costs associated with the written opinion.
16.2 Any question, dispute, or claim arising out of, or involving the interpretation or application of this Agreement, excluding jurisdictional disputes and alleged violations of Article 10, shall be considered a grievance and shall be resolved in accordance with the employee procedures set forth below, provided that the question, dispute or claim arose during the term of this Agreement. No grievance shall be recognized unless the grieving party (Union Representative will bring it on its own behalf or on behalf of a represented employee, or a Contractor or the Developer on its own behalf) provides notice in writing to the attention designated representative of the immediate supervisor to settle such differences signatory party with whom it has a dispute, within ten (10) business days of after the occurrence. If further action is to be takenalleged violation was committed, then within ten but in no event, more than thirty (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (1030) days after the decision under Step Nogrievant knew or reasonably should have known of the event giving rise to the dispute. 1 is receivedThe Designated Representative of the Developer, the grievance Primary Contractor and Council shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought copied on all notifications required by the grievorthis Article. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in Upon executing this Agreement, unless mutually extended, it each party shall be considered required to have been settled or abandoneddesignate a representative in writing for the purpose of this Article.
16.3 Grievances shall be resolved according to the following procedures:
Appears in 2 contracts
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 Section A. The U nion shall have the right to designate a job xxxxxxx for each store. List showing the names and store address of all stewards is to be submitted to the Employer.
Section B. Should any grievance, dispute or complaint arise over the interpretation or application of the contents of this Agree ment, there shall be an xxxxxxx effort on the part of both parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinsettle such promptly through the following steps:
Step 1. The employee or Union shall first discuss any individual complaint informally with By conference between the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved ag grieved employee, if she so desires may be accompanied by the job xxxxxxx, or represented by her Union Representative. At Step 1 of the grievance procedure both and/or a representative of the Ontario Nurses' Association may Union and the manager of the store. If the grievance is not settled, it shall be present at the request of either partyre ferred within eight (8) days to Step 2.
8.03 Should any dispute arise between Step 2. By conference betw een the Employer representative of the Union and the Zone Manager. If this step does not settle the grievance, it shall be referred within eight (8) days to Step 3. Any grievance not settled in Step 2 shall be immediately reduced to writing with copies to the Un ion and Employer.
Step 3. By conference betw een the business representative and/or an employee, or between the Employer and Execu tive Officer of the Union, as to the interpretationPersonnel Manager, application, administration or alleged violation of any the Division Vice-President and/or a representative of the provisions of this AgreementEmployer so delegated by the Division Vice-Presi dent.
Step 4. In the event that the last step fails to settle satisfactorily the grievance and either party wishes to submit it to arbitration, the employee or Union Representative will bring it to party desiring arbitration must so advise the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received other party in writing within ten (10) days after the decision under Step No. 1 is received, 3 conference or the grievance will be con sidered settled in Step 3.
Section C. The Board of Arbitration shall consist of one (1) person appointed by the Union and one (1) person appointed by the Employer. Said two (2) persons shall with in ten (10) days after disagreement, re quest the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third (3rd) arbitrator shall be deemed to have been settled or abandonedchosen by the alternate striking of names until only one (1) name remains. The Employer and Union arbitrators shall decide who will strike first by flipping a coin. The decision of the majority shall be binding on both parties. The expenses of the third (3rd) arbitrator shall be paid for jointly.
8.04 A Section I) The Employer may at any time discharge any worker for prop er cause. The Employer shall notify the Union of an employee’s discharge within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written grievance will indicate complaint with the nature Em ployer within ten (10) calendar days fol lowing the postmarking of the grievance notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may fail to agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(sten (10) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedcalendar days, it shall be considered referred within seven (7) calendar days to the Board of Arbitration if the Union desires to arbitrate the dis charge. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accordance with the findings of the Board.
Section E. No grievance will be discussed unless the outlined procedure has been fol lowed and the grievance presented within fourteen (14) days, except a grievance arising from an error in the rate of pay may be presented within two (2) years.
Section F. The Board of Arbitration is not vested with the power to change, modi fy or alter this Agreement, but only to interpret the provisions of this Agreement.
Section G. After a grievance has been processed through Steps 1, 2 and 3 of Ar ticle 5 (B), the Chief Executive Officer of the Local Union shall have been settled the sole right to determine whether or abandonednot the employee’s grievance shall be submitted to arbitration by the Union.
Section H. Any accredited Union official of Local No. 1099 shall be granted access to the store at any time that the store is open for business, for the purpose of satisfying himself that the terms of this Agreement are being complied with. It is understood, however, that the Union representative will upon entering the store, make his presence known to the Store Manager or his repre sentative. It is further understood that there will be no unreasonable interference with efficient store operation.
Section I. The parties agree that griev ances may arise of a general nature affect ing or tending to affect several employees, and that such grievances may be initiated at any of the above steps deemed appropri ate by the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinSection 118 (112). The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute or complaint arise between over the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions application of this Agreement, there shall be an xxxxxxx effort on the employee or Union Representative will bring it to the attention part of the immediate supervisor parties to settle such differences promptly through the following steps, and failure to follow the procedures set forth below shall result in forfeiture of the grievance.
Step 1. By conference during scheduled working hours between the Xxxxxxx, if requested by the employee, the Employer, and/or the Union's Business Representative and/or the aggrieved employee and the designated Employer representative.
Step 2. If the grievance cannot be satisfactorily resolved under Step 1 above, the grievance shall be reduced to writing and submitted to the representative designated by the Employer to handle such matters. Such submission shall be made within ten twenty (1020) days of the occurrence. If further action is to be taken, then within ten (10) days date of the discussion, occurrence of the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance event which gives rise to the Administrator grievance and shall clearly set forth the issues and contentions of the aggrieved party or designateparties and must reasonably allege a specific violation of an express provision of this Agreement. A meeting will (In the case of a discharge the time limits shall be held between the parties within ten fourteen (1014) days. .) The Administrator Employer designee and the Union Business Representative shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received meet within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A receipt of written grievance will indicate the nature notice of the grievance and attempt to resolve the remedy sought grievance. In the event the Employer designee assigned to handle grievance does not have an office in the area where the grievance arises, this meeting may be discussed by the grievor. Union grievances shall be set out on the union grievance form. Alternatelyphone; furthermore, the parties may agree to an electronic version of time limits on this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures meeting may be extended only postponed by written, mutual consent agreement of the parties. Should Step 3A. If the Employer grievance is not respond within satisfactorily adjusted in Step 2, either party may, with reasonable promptness, but in no event later than thirty (30) days from the time limit(s) fixeddate of the Step 2 meeting, such failure to respond in writing, request arbitration and the other party shall be deemed obliged to be a denial of proceed with arbitration in the grievancemanner hereinafter provided. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it The parties shall be considered forthwith attempt to have been settled or abandonedagree upon an impartial arbitrator.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement Agreement believe that it is important to adjust respond to complaints and grievances as quickly as possible as provided for herein. The employee Employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at Manager promptly following the first opportunityissue giving rise to the complaint.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employeeEmployee, or between the Employer and the Union, or between the Employer and a group of Employees who have identical grievances, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it such dispute shall be brought to the attention of the immediate supervisor other party as a complaint within fourteen (14) calendar days or when the Employee ought to settle have reasonably become aware of the issue giving rise to the complaint/grievance. Grievance transmittals shall take place between the bargaining unit representative designated by the Bargaining Unit President and the position designated by the Employer. It is understood that the Union has carriage of all grievances. Grievances shall be on the form set out in Appendix 1. The parties agree to utilize an electronic copy of this form for the submission of grievances.
8.03 Once a complaint is initiated, the parties shall have a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the issue and attempt to arrive at a resolution. In addition to the Union representative, the Union’s Labour Relations Officer is entitled to attend such differences meetings.
8.04 (a) If, after the end of such forty (40) calendar day period, the issue has not been resolved, either party may inform the other party within fourteen (14) calendar days of its written intent to forward the matter to arbitration. Such notice shall contain the name of the first party’s recommended Sole Arbitrator. Where such written notice is post- marked within twelve (12) calendar days after the above forty (40) calendar day period, it will be deemed to have been received within the time limits. The recipient of the notice shall, within ten (10) days calendar days, inform the other party of its agreement or propose an alternate Sole Arbitrator in writing. If the parties are unable to agree on an Arbitrator, the appointment of the occurrence. If further action is to Arbitrator shall be taken, then within ten (10) days made by the Minister of Labour for Ontario upon the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays.
Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City.
8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought.
Section 4. Grievances shall be processed in the following manner:
Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department=s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee.
Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Personnel Director in writing, within five (5) working
Section 5. If no It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon.
Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with L4.1 Within the Director of Care or designate at the first opportunity.
8.02 In all steps terms of this Agreement a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as difference relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions question as to whether a matter is arbitrable.
L4.2 A Teacher or group of Teachers shall, prior to filing a grievance as hereinafter provided, attempt by informal discussion with the appropriate principal, or, if the Teacher does not report to a principal, with the Teacher's immediate supervisor, to resolve any matter which could be the subject of a grievance prior to filing a written grievance hereunder. In this discussion the Teacher or group of Teachers may be accompanied by a representative of the Bargaining Unit.
L4.3 Where it could reasonably be expected that an incident would lead to discipline or discharge, the principal or immediate supervisor will inform the Teacher that they may be accompanied by a representative of the Bargaining Unit.
L4.4 As part of its investigation the Board will give the Teacher an opportunity to respond to all of the allegations of which the Board is aware.
L4.5 A grievance may be filed on behalf of a Teacher or a group of Teachers by the Bargaining Unit at Step One within the next 20 school days following the day the cause of the grievance became known or reasonably ought to have been known to the Teacher.
L4.6 A grievance relating to the discharge or discipline of a Teacher may be filed at Step Two with the agreement of the Bargaining Unit. In any other event, such grievance shall be filed at Step One.
L4.7 Step One
L4.8 The grievance shall state the clause or clauses of this Agreement that it is alleged have been violated.
L4.9 The Director or designate shall attempt to resolve the grievance within ten school days of receipt of the grievance and may meet with the grievor(s) and the Bargaining Unit representative at a mutually agreeable time.
L4.10 Step Two
L4.11 If the grievance is not settled within ten school days of the meeting or after written response has been given if earlier than ten school days or upon expiry of time limits, it may be referred to arbitration by either party. If no written notice within thirty school days in accordance with L4.16.
L4.12 The Board or Bargaining Unit may initiate a policy or group grievance beginning at Step Two of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance procedure. The Board or Bargaining Unit shall be deemed initiate such policy or group grievance by giving notice to the other party within 90 school days following the day that the cause for the grievance became known or reasonably ought to have been settled or abandoned.
8.04 A written known to the grieving party. L4.13 The time within which such grievance will indicate may be brought may extend up to 90 days beyond the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version term of this form and a process for signing.
8.05 Time limits fixed in Agreement if the grievance and arbitration procedures may be extended only by written, mutual consent of day the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered cause became known or reasonably ought to have been settled or abandonedknown is within 90 school days preceding the end of the term of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with
A. A grievance within the Director of Care or designate at the first opportunity.
8.02 In all steps meaning of this grievance procedure an aggrieved employee, if she so desires may Agreement shall be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to concerning the interpretation, application, administration application or alleged claimed violation of any of the provisions a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement.
B. An aggrieved graduate employee or the Union shall present a grievance within fifteen
C. The steps set forth below will be followed in the processing of grievances:
Step 1. The graduate employee shall discuss the grievance with the appropriate faculty member or administrator, as the case may be, within the graduate employee’s department or in the appropriate unit of the assistantship. If the grievance is not adjusted satisfactorily to the graduate employee within ten (10) days, the employee or Union Representative will bring it may appeal the grievance
Step 2. Grievances appealed to Step 2 shall be reduced to writing and sent to the attention Xxxx of the immediate supervisor appropriate school or their designee, with a copy to settle such differences the appropriate Department Chair and the University’s Office of Labor Relations. The written grievance must set forth the basis therefor with reasonable particularity, including a designation of the Article of the Agreement relied upon and the remedy requested. The Xxxx or Xxxx'x designee shall meet with the grievant and the Union within ten (10) days of the occurrencereceipt of the written grievance. If further action is The Xxxx or Xxxx'x designee shall respond to the Union in writing within ten (10) days, with a copy to the University’s Office of Labor Relations.
Step 3. A grievance not settled in Step 2 may be takenappealed in writing to the Xxxxxxx of the University, then or their designee, within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysStep 2 denial. The Administrator Xxxxxxx or Xxxxxxx'x designee shall give a written decision meet with the Union to discuss the grievance within ten (10) days of the meeting receipt of the written appeal. The Xxxxxxx or designee will render a decision within fifteen (15) days of receipt of the appeal.
D. The University may present a grievance initially at step 3 by notice in writing addressed to the Bargaining Unit President or her designate with a copy Union at its offices. The Union shall respond in writing to the Labour Relations OfficerUniversity's grievance within five (5) days.
E. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of the Agreement. Should Failure on the Administrator fail part of either party to render his decision or failing settlement of answer a grievance at any grievance under step shall not be deemed acquiescence thereto, and the foregoing procedure, including any questions as grieving party may proceed to whether a matter the next step.
(1) If either party is arbitrablenot satisfied with the Step 3 response, the grievance may be referred taken
(2) The Arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined in paragraph A above and shall not have authority to arbitration by either partyadd to, subtract from, modify or amend in any way the provisions of this Agreement. If no written notice The decision of intent to submit the matter for arbitration is received within ten (10) days after Arbitrator shall be final and binding upon the decision under Step No. 1 is receivedUnion, the grievance University and the graduate employee. The fees and expenses of the American Arbitration Association and the Arbitrator shall be deemed to have been settled or abandonedborne equally by the parties.
8.04 A written grievance will indicate G. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the nature University with respect to the University’s exercise of management or academic rights under Article XXII (Management and Academic Rights) of this agreement.
H. The time limits provided for in this Article shall not include Saturdays, Sundays and University Holidays. All time limits herein may be extended by mutual agreement.
X. Xxxxxxxxxx concerning the discharge of a graduate employee, and/or grievances pertaining to more than one graduate employee may be initiated by the Union at Step 3 of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingprocedure.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances 4-1 A grievance shall be defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to regarding the interpretation, application, administration application or alleged violation of any of:
(a) Any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention ;
(b) Any of the immediate supervisor to settle such differences within ten (10) days policies or regulations of the occurrence. If further action is School District which directly relate to be taken, then within ten (10) days those mandatory subjects of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatebargaining as outlined in NRS 288.150(2). A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred filed by an administrator of the School District covered by this Agreement, or by the Association. A grievance shall not include any matter or action taken for which relief is granted by the Statutes of Nevada.
4-2 Grievances will be brought by individuals or groups of individuals who are directly affected by the nature of this dispute. Grievances may be initiated or pursued at any step and to arbitration any higher step by either partyCCASAPE. If no A grievance filed by the Association involving more than one (1) administrator in more than one (1) location may be commenced at Step Two of the Grievance and Arbitration Procedure by filing a written notice of intent to submit grievance.
4-3 A grievance as defined above must be filed in writing alleging which terms or provisions under which the matter for arbitration is received within ten dispute arises, and must be filed not later than twenty (1020) school days after the decision under Step Noaffected administrator or Association first knew or should have known of the act or condition upon which the grievance is based. 1 A school day shall be defined as a day in which a covered administrator is receivedrequired to be present on the job.
4-4 During all procedural steps, each of the parties to the grievance shall be deemed have access at reasonable times to have been settled or abandoned.
8.04 A all written grievance will indicate the nature of the grievance statements and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial records of the grievance. Should a All proceedings in any grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered conducted in private and full confidentiality shall be maintained.
4-5 In the event the grievance is between two (2) members of CCASAPE, the grievant will be represented by CCASAPE during the entire Grievance and Arbitration Procedure.
4-6 All grievances shall be handled in the following manner:
4-6-1 A grievant may first attempt to have been settled or abandonedresolve it informally by meeting with his immediate supervisor within five (5) school days. At this step there is no reason to put the grievance in writing, no written report shall be made by the supervisor. The supervisor shall render a decision no later than five (5) school days from the date of the meeting.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties A. Subject to this agreement believe it is important to adjust complaints and grievances any limitation of existing law, any grievance, defined in the MERO, Section 1-1(g), as quickly as possible as provided for herein. The employee a dispute concerning the application or Union shall first discuss any individual complaint informally with interpretation of the Director of Care or designate at the first opportunity.
8.02 In all steps terms of this grievance procedure an aggrieved employeeAgreement or a claimed violation, if she so desires misinterpretation or misapplication of the rules or regulations of the Employer affecting the terms and conditions of employment, may be accompanied by or represented by her Union Representativesettled in the following manner:
Step 1. At Step 1 Within 15 calendar days of the date of the grievance procedure a or knowledge by the affected employee of the occurrence giving rise to the grievance, the employee, accompanied by an authorized representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as shall orally discuss the grievance with his immediate officer. The aggrieved employee and representative shall attempt to resolve the interpretation, application, administration or alleged violation of any of complaint with all parties involved. In the provisions of event the grievance is not resolved at this Agreementlevel within 15 calendar days, the employee and his Union representative shall present the grievance in writing to the Senior Officer of the unit to which the member is assigned, House Captain, or to the Senior EMS Officer on the employee’s shift. If the grievance is not resolved at this level within 15 calendar days, the Union Battalion representative shall present the grievance in writing to the Battalion Chief.
Step 2. If the grievance is not satisfactorily resolved within 15 calendar days of presentation to the Battalion Chief, the aggrieved employee shall forward the grievance in writing through a Union Vice President to the appropriate Deputy Chief. Within 7 calendar days of the presentation, that Deputy Chief shall hold a meeting with an appropriate Union Representative will bring it to discuss the grievance.
Step 3. If the grievance has not been satisfactorily resolved in Step 2, a written grievance may be taken to the attention Chief of Fire Department or his designee within 15 days following the immediate supervisor to settle such differences completion of Step 2. The Chief or his designee shall meet and discuss the grievance with an appropriate Union Official within ten (10) days of receipt of the occurrencegrievance. If further action is A written answer to the grievance shall be taken, then submitted to the employee and an appropriate union official within ten (10) days of thereafter. Should the discussionUnion not receive a written response within 10 days, it may advance the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatenext step. A meeting will be held between Any grievance concerning the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days specific action of the meeting to the Bargaining Unit President Chief of Fire Department or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under which affects more than one employee may be commenced at Step 3.
Step 4. If the foregoing procedure, including any questions as to whether a matter is arbitrablegrievance has not been satisfactorily resolved at Step 3, the grievance may be referred taken to arbitration the Office of the Labor Commissioner of the City of Baltimore by either partythe Union President or his designee within 15 days following the completing of Step 3. If no Within 15 days of receipt of the grievance, the Labor Commissioner or his designee shall meet with the Union President or his designee and the aggrieved employee to discuss the grievance. The Labor Commissioner or his designee shall respond in writing to the President of the Union within 10 days thereafter. Should the Union not receive a written notice response within 10 days, it may advance the grievance to the next step.
Step 5. Shall be binding arbitration, which shall be available if a grievance is not settled or withdrawn by prior action of intent the Union. Arbitration shall be demanded by a letter addressed, jointly, to submit the matter Chief of Fire Department and the Office of the Labor Commissioner. The Union's letter making a demand for arbitration shall be timely if it is received delivered within ten (10) thirty days after completion of Step 3, or Step 4 if that Step is conducted by agreement.
B. The parties shall appoint an arbitrator to hear and decide all issues by alternately striking from a list of seven arbitrators who each are members of the decision under Step NoNational Academy of Arbitrators Baltimore/Washington Area list furnished to them by the Federal Mediation and Conciliation Service. 1 The first strike made in selecting an arbitrator shall be alternated between the Union and the Employer from case to case.
C. The Union is receivedthe only party that may demand arbitration on behalf of the bargaining unit, and/or any members of the bargaining unit. Any award issued by an arbitrator shall be final and binding on the Union, the Mayor and City Council (and all constituent City agencies), and the employee(s) aggrieved. Should the Union decide not to proceed to arbitration, the employee(s) aggrieved shall likewise be bound by that decision.
D. If the finding or resolution of a grievance at any step of the procedure is not appealed within the prescribed time, said grievance will be considered settled on the basis of the last answer provided, and there shall be deemed to have been settled no further appeal or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the partiesreview. Should the Employer not respond within the time limit(s) fixedprescribed time, such failure the grievance will proceed to respond the next step.
E. The cost of any arbitration proceedings under this Agreement shall be deemed to be a denial equally divided between the Employer and the Union.
F. In computing the time limits under this Article, the date of the grievancepreceding event shall be counted. Should Commencing at Step 3, Saturdays, Sundays and legal holidays shall not be counted in computing time limits. The time period for filing a grievance to contest any form of discipline shall not be submitted begin until the final administrative action has occurred within the various time limits specified Fire Department and the employee(s) affected have received written notice of such action.
G. The rights of any employee who is discharged, permanently reduced in pay or position, or suspended for more than thirty (30) days shall be prescribed in Article 12 of this Agreement, unless mutually extended, it . The employee shall be considered entitled to have been settled all rights and remedies that are available to the employees under Baltimore City Charter (as last amended by Resolution 14-016; Chapter 531, Acts of 2014), Article VII, Section 100 (a), which are expressly reserved.
H. Any employee who is disciplined, but as to whom a due process hearing is not available under Baltimore City Charter, Article VII, Section 100, shall be permitted to grieve and/or arbitrate the discipline under this Article; provided, however, that any employee who is suspended for five or abandonedmore days, but less than 31 days, shall also be permitted to arbitrate a grievance pursuant to this Article. The issue presented, which may be decided by an arbitrator, shall be whether, consistent with Baltimore City Code (2010 as published by the Department of Legislative Reference), Article 12, Section 3-2(3)(i), the discipline issued by the Employer was for just cause, and, if not, what shall be the remedy.
I. The Employer shall print and maintain copies of grievance forms in all units.
Appears in 1 contract
Samples: Memorandum of Understanding
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties No employee shall leave his job or work place because of an alleged grievance but shall continue to work until a final decision has been given on his grievance under the following procedure by which decision he shall be bound. Any grievance or dispute which any employee or group of employees may wish to discuss with the Company shall be handled as follows: Complaint Stage: A grievance shall consist of a dispute concerning interpretation and/or application of any Article, clause or schedule in this agreement believe it is important Agreement. If an employee (or a group of employees) has a complaint, the employee will first discuss the complaint with his or her immediate Supervisor and Xxxxxxx within three (3) days of the circumstances giving rise to adjust complaints and grievances as quickly as possible as provided for hereinthe grievance.
Step 1 If the matter has not been resolved at the Complaint Stage, the employee together with his Xxxxxxx shall take the matter up with his immediate Supervisor. The employee or Union immediate Supervisor shall first discuss any individual complaint informally give his decision within two (2) working days from the date of receipt of the grievance.
Step 2 If the Assistant Plant Manager does not settle the matter to the satisfaction of the employee, it shall be taken up by the Shop Xxxxxxx with the Director Plant Manager in writing within a further three (3) working days from receipt of Care or designate at the first opportunityanswer in Step 1 and a discussion rendered in writing within (3) working days from receipt of the grievance.
8.02 In all steps of this grievance procedure an aggrieved employeeStep 3 The Local Business Agent and/or the CEP National Representative and the Union Committee will meet with the Human Resources Director or his designate, if she so desires may General Manager and Plant Manager. All policy, discharge and Company grievances shall be accompanied by or represented by her Union Representative. At Step 1 of submitted directly to the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either partythird step.
8.03 Should any dispute arise between Step 4 Any grievance involving the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration interpretation or alleged violation of any this Agreement which is not settled within five (5) working days after delivery of the provisions grievance in writing to the Plant Manager may be referred to arbitration by the Union within a further thirty (30) days.
Step 5 The time limits specified in this Article may be extended by mutual agreement of this Agreementboth parties.
Step 6 The party desiring to submit a matter to Arbitration shall deliver to the other party a notice in writing of intention to arbitrate.
Step 7 Within ten (10) days after the date of delivery of the said notice of intention, the employee or Union Representative will bring it to party initiating shall notify the attention other party of the immediate supervisor to settle such differences name of its representative on the Arbitration Board and the other party shall appoint its representative within ten (10) days of receipt of this notification.
Step 8 In the occurrence. If further action is event that either party shall fail to be taken, then appoint a representative to the Arbitration Board within ten (10) days of the discussiondelay provided, the employee, who other party may request the assistance Minister of her Union Representative and/or Labour Relations Officerof the Province of Ontario to appoint a representative on behalf of the defaulting party.
Step 9 When the representatives have been appointed they shall meet forthwith to choose a chairman who with the two representatives, shall submit constitute the written grievance Arbitration Board.
Step 10 Should the representative fail within five (5) days to agree on a chairman, the Administrator Minister of Labour of the Province of Ontario may be requested by the representatives or designate. A meeting will by either of them to appoint a person who shall be held between chairman of the parties within ten (10) daysArbitration Board. The Administrator shall give parties may agree to a written decision within ten (10) days of single arbitrator.
Step 11 After the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under Arbitration Board has been formed by the foregoing procedure, including any questions as to whether it shall meet and hear the evidence and representations of both parties and shall render a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received decision within ten fifteen (1015) days after the completion thereof.
Step 12 The decision under Step No. 1 is received, of the grievance majority of the Arbitration Board on the matter at issue shall be deemed final and binding on both parties but the jurisdiction of the Arbitration Board shall be limited to deciding the matter at issue within the meaning of the existing provision of the Agreement and in no event shall the Arbitration Board have been settled the power to add to, subtract from, alter or abandonedamend this Agreement in any respect.
8.04 A written grievance will indicate Step 13 Each party shall pay its own arbitration costs, including the nature fees and expenses of witnesses called by it and of its representatives. The fees and expenses of the grievance and the remedy sought chairman shall be shared equally by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingparties.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Labour Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01
13.01 Decisions of an academic nature such as, but not limited to, admission, re-evaluation of a course grade and discipline for academic misconduct are not subject to the grievance and arbitration procedure.
13.02 The parties to this agreement believe agree that it is important preferable to adjust complaints and grievances resolve problems through discussions among those persons directly concerned before submitting a grievance. To this effect, a Member is encouraged to discuss any difference with her/his immediate supervisor as quickly soon as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with and no later than ten (10) days after the Director Member becomes aware of Care or designate at the first opportunityincident causing the dispute.
8.02 In all steps of this grievance procedure an aggrieved employee13.03 Any dispute between a Member and the Employer not resolved as set out above, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or arising between the Employer and the Union, may be the subject of a grievance insofar as to such disputes result from the interpretation, application, administration the application or alleged the violation of any the Agreement. Grievances by a Member must have the approval and support of the Union.
13.04 A grievance shall be submitted in writing and shall specify:
a) the provision or the provisions of this Agreementthe Agreement that have been allegedly misinterpreted, misapplied or violated;
b) a description of the incident giving rise to the grievance;
c) the remedy sought.
13.05 A grievance initiated by a Member shall be treated in the following manner: A grievance shall be submitted no later than twenty (20) days after the Member becomes aware of the incident giving rise to the grievance and, in any event no later than forty (40) days from that incident. A grievance shall be submitted to the Department Chair and discussed at a meeting to be held within twenty (20) days of its submission. The Department Chair, the employee immediate supervisor, the aggrieved Member and a Union representative shall attend such a meeting. The Department Chair shall reply in writing within twenty (20) days following the meeting. Stage 2: Failing a satisfactory resolution of the grievance at Stage 1 or in the absence of a reply by the Department Chair the Union Representative will bring it may submit the grievance in writing to the attention of the immediate supervisor to settle such differences Xxxx within ten (10) days of the occurrenceDepartment Chair’s reply or her/his failure to reply within the time limit provided in Stage 1. If further action The Xxxx or her/his representative may convene a meeting to discuss the grievance within twenty (20) days of its submission at Stage 2. The Xxxx or her/his representative, the Department Chair and the aggrieved Member, the Union representative and a Union staff representative shall attend such a meeting. The Xxxx or her/his representative may request the presence of the immediate supervisor as well as a representative of the Employee and Labour Relations’ Unit. The Xxxx or her/his representative shall reply in writing within twenty (20) days following the meeting or, if no meeting is held, within twenty (20) days following the submission of the grievance at Stage 2.
13.06 A grievance initiated by the Union shall be submitted to the Xxxx within twenty (20) days after the Union becomes aware of the incident giving rise to the grievance and, in any event, no later than forty (40) days from that incident. A grievance initiated by the Employer shall be takensubmitted to the Union Local President within twenty (20) days after the Employer becomes aware of the incident giving rise to the grievance and, then in any event, no later than forty (40) days from that incident. The Party against whom the grievance is lodged shall reply in writing to the other party within ten twenty (1020) days following the latter of the submission of the grievance or, if the parties agree to meet to discuss the grievance, within twenty (20) days following the meeting.
13.07 Failing resolution of the grievance through the procedure set out in clauses 13.05 and 13.06, the Employer or the Union, as the case may be, may submit the grievance to arbitration within thirty (30) days of the discussionreply or, in the case of the failure to reply, within thirty ( 30) days from the date on which the reply was due from the Xxxx or from the Union, as the case may be.
13.08 Upon referral to arbitration, the employee, who may request Employer and the assistance Union shall make every effort to agree on the selection of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties arbitrator within ten (10) days. The Administrator If the parties cannot agree on an Arbitrator within thirty (30) days, either party may request the Minister of Labour to appoint an Arbitrator.
13.09 Each party shall give a written decision within ten (10) days bear the expenses of its representatives, participants, and witnesses and of the meeting preparation and presentation of its own case. The fees and expenses of the Arbitrator, the hearing room and any other expenses incidental to the Bargaining Unit President Arbitration hearing shall be borne equally by the parties. The parties agree to use Employer facilities at no cost wherever possible.
13.10 The Arbitrator shall have no authority to add to, subtract from, modify, change, alter or her designate with ignore in any way the provisions of this Agreement. In matters of discipline the arbitrator may confirm, amend, or set aside the decision of the Employer and may substitute a copy decision which she/he deems fair and reasonable in the circumstances. However, where the Collective Agreement provides a specific penalty for an offence, the arbitrator shall only confirm or set aside the Employer’s decision, or amend it as the case may be, to make it conform to the Labour Relations Officer. Should penalty provided for in the Administrator fail to render his Collective Agreement.
13.11 The decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance arbitrator shall be deemed to have been settled or abandonedfinal and binding on the parties.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be 13.12 All time limits set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed forth in the grievance and arbitration procedures present Article are mandatory but may be extended only by written, mutual consent of written agreement between the parties. Should the Employer not respond within the time limit(s) fixed, The parties agree that such failure to respond agreement shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedunreasonably withheld.
Appears in 1 contract
Samples: Collective Labour Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it 7.01 It is important to adjust the mutual desire of the Corporation and the Union that complaints and grievances of the employees shall be addressed as quickly as possible as provided for hereinand it is understood that an employee has no grievance until he has given to his/her immediate superior an opportunity of resolving his/her complaint. The In discussing such complaint the employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by an authorized representative of the Union.
7.02 Should any misunderstanding or represented controversy arise between the Corporation and the Union as to the compliance of either party with any of its obligations herein, or should there be any grievance involving the terms of this Agreement by any employee, or group of employees, or the Union, the same shall be handled in the following manner provided, however, that no grievance shall be considered if the alleged circumstances originated or occurred more than ten (10) working days prior to a written grievance in accordance with the procedure set out herein. For the purpose of the Grievance and Arbitration Procedure, working days are defined as those days that Town Hall is open. In the event of a termination of employment, the grievance process shall start at Step 2.
STEP 1 Any employee’s complaint which is not settled by his/her immediate superior shall be reduced in writing, on the prescribed forms, signed by such employee and submitted to his/her Department Head, or designate, who shall call a meeting with the grievor and the Union RepresentativeRepresentative to deal with the grievance and render his/her decision thereon in writing no later than five (5) working days next following the day on which the Department Head, or designate, receives the grievance. At Step 1 any necessary discussions representing any grievance the employee shall be accompanied by an authorized representative of the Union.
STEP 2 Should the decision of the Department Head, or designate, not be satisfactory to the employee concerned, an appeal therefrom may be lodged in writing and signed by the employee and submitted to the Human Resources Officer, or designate, within five (5) working days of receipt of the Department Head’s, or designates decision. The Human Resources Officer, or designate, shall deal with the grievance at a meeting and render his/her decision not later than the fifth (5th) working day next following said meeting. At such meeting the grievor shall be accompanied by an authorized representative of the Union who may make a presentation to the Human Resources Officer, or designate. Should the decision of the Human Resources Officer, or designate, not be satisfactory to the employee concerned, an appeal therefrom may be lodged in writing and signed by the employee to the C.A.O. within five (5) working days of receipt of the Human Resources Officer, or designates decision. The C.A.O. shall deal with the matter at a scheduled meeting and render his decision not later than the fifth (5th) working day next following said meeting. At such meeting the grieving employee shall be accompanied by an authorized representative of the Union who may make a presentation to the C.A.O. After exhausting the grievance procedure herein provided, when either party request that a representative grievance be submitted to arbitration they shall make such request in writing within fifteen (15) working days after the grievance has been dealt with in Step No. 3, addressed to the other party to this agreement. Within five (5) working days thereafter, or such longer period as mutually agreed upon by the parties, both parties shall agree upon a sole arbitrator. If an arbitrator is not agreed upon within such time limit, either party may request the Ministry of Labour for the Province of Ontario Nurses' Association may be present at the request of either partyto appoint arbitrator.
8.03 Should any dispute arise between 7.03 The Arbitrator shall hear and determine the Employer grievance and an employee, or between the Employer shall issue a decision and the Union, as decision is final and binding upon the parties and upon any employee affected by it. The Arbitrator shall not be authorized to the interpretation, application, administration or alleged violation of make any of decision inconsistent with the provisions of this AgreementAgreement nor to alter, the employee modify or Union Representative will bring it to the attention otherwise amend any part of the immediate supervisor to settle such differences within ten (10) days Agreement.
7.04 It is hereby provided and agreed that there will be no strikes or lockouts during the term of this Agreement.
7.05 Any of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed times mentioned in the grievance and or arbitration procedures proceedings may be extended only by written, written mutual consent of the both parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties A. A Civil Service employee may file his/her grievance under either the Civil Service appeal procedure or the contract grievance procedure. If an appeal is filed under the Civil Service appeal procedure, then the contract grievance procedure shall cease and shall not be permitted to this agreement believe it be reinstituted. If an appeal is important filed under the Civil Service appeal procedure, the employee shall not be entitled to adjust complaints and grievances as quickly as possible as provided for herein. The institute proceedings under the contract grievance procedure, all rights to so do being waived by the exercise of an option by the employee or Union shall first discuss any individual complaint informally with to utilize the Director of Care or designate at the first opportunityCivil Service procedure.
8.02 In all steps B. All grievances or disputes arising during the term of this grievance procedure an aggrieved employee, if she so desires Agreement concerning the interpretation or application of the provisions of this Agreement shall be handled by the following procedure.
C. Any time limits herein may be accompanied extended by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or mutual agreement between the Employer and the Union.
D. Grievances which can be adjusted only at a given level of management may be initially presented at the appropriate step of the Grievance Procedure. (This provision shall not be construed to permit the presentation of grievances at a step other than the proper step of the Grievance Procedure.) The parties shall communicate within five working days of the receipt of said list for the purpose of selecting the arbitrator by alternately striking one name from the list until one name remains. The Employer shall strike the first name. The cost of arbitration shall be shared equally by the parties. Where one of the parties to this Agreement requests a postponement of a previously scheduled arbitration meeting which results in a postponement charge, as to the interpretationpostponing party shall pay such charge unless such postponement results in a settlement of the grievance in which event the postponement charge shall be divided equally between the parties. A postponement charge resulting from a joint postponement request shall be shared equally by the parties. The arbitrator may not add to, application, administration delete from or alleged violation of alter any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention . The decision of the immediate supervisor arbitrator shall be final and binding in all cases submitted to settle him except where the decision would require an enactment of legislation in which case it shall be binding only if such differences within ten (10) days of the occurrence. If further action legislation is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysenacted. The Administrator Arbitrator shall give a written be requested to issue his decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) 30 days after the decision under Step Nohearing or receipt of the transcript of the hearing. 1 is receivedA reasonable number of witnesses, the grievance when required, shall be deemed permitted to have been settled participate in this grievance and arbitration procedure. The United Food and Commercial Workers-Commonwealth Expedited Arbitration Procedure shall continue in effect during the term of this Agreement. A Union representative, if an employee of the Employer, upon request to his immediate supervisor, shall be granted reasonable time during working hours, if required, to process grieva nces in accordance with this Agreement without loss of pay or abandonedleave time.
8.04 A written grievance will indicate E. The Employer shall not demote, suspend, discharge, or take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension or discharge beginning at the nature second step of the grievance procedure, within seven days of its occurrence. The Union shall be notified within five days by the Employer of any demotion, suspension or discharge. Any action instituted under this Section shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. The provisions of this Section shall not be applicable during the contractual probationary period in Article 2, Section C.
F. The Employer and the remedy sought Union agree to continue the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated August 10, 1999.
G. The Employer will attempt to discipline employees in such a way so as not to embarrass the employee before the public or other employees. It is understood that where insubordination or flouting of authority by an employee in public and/or in the grievor. Union grievances shall be set out on the union grievance form. Alternatelypresence of other employees occurs, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance will not be submitted within the various time limits specified in restricted by this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedSection.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties For purposes of this Agreement, a grievance shall be defined as a complaint between the Committee and the Union and/or the employee involving only an alleged specific and direct violation of express language of a specific provision of the Agreement. It is, therefore, the express intent of the Committee and the Union that the Grievance Procedure be limited to matters involving the interpretation and application, claim or breach, or violation of the Agreement. Any grievance or dispute which may arise between the parties, including the application, meaning or interpretation of this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinAgreement, shall be settled in the following manner:
Step 1. The employee or Union shall first discuss any individual complaint informally Xxxxxxx and/or Union Representative, with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by shall take up the grievance or represented by her Union Representative. At Step 1 dispute with the employee's supervisor within five (5) working days of the date of the grievance procedure a representative or his knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the xxxxxxx within three (3) working days. If the supervisor does not have the authority to resolve the grievance, then he/she shall forward the grievance to Step 2.
Step 2. If the grievance has not been settled at Step 1, it shall be presented, in writing to the School Principal or if the grievance arises under the authority of the Ontario Nurses' Association Business Manager, to the Business Manager within five (5) working days after the Supervisor’s response is due.
Step 3. If the grievance has not been settled, it shall be presented in writing to the Superintendent of Schools within three (3) working days after the supervisor's response is due. The Superintendent of Schools shall respond to the President of the Union, in writing, within five (5) days.
Step 4. If the grievance still remains unadjusted, it shall be presented to the School Committee, in writing, at its next regular meeting. The School Committee shall respond
(a) A grievance not initiated within the time specified shall be deemed waived. Failure of the Union to appeal a decision within the time limit specified shall mean that the grievance shall be considered settled on the basis of the decision last made and shall not be subject to further appeal. Failure of the Committee, or any of its representatives in any level of this Grievance Procedure, to answer within the time specified, shall be considered as though the appeal was denied, which shall mean that the appeal may be present at taken to the request next step as though a negative answer had been received. The above limitations may be waived by mutual agreement of either partythe parties.
8.03 Should any dispute arise between (b) The Union agrees except in cases where an employee reasonably feels that his physical welfare and safety are in danger, where employees are of the opinion they have a grievance within the meaning of this section, and said employee grieves over the assignment, reassignment, working or other conditions order, or directive, he will perform in accordance therewith and pursuant thereto pending final resolution of the grievance under the Grievance Procedure described herein.
Step 5. If the grievance is still unsettled, either party may, within fifteen (15) days after the reply of the School Committee is due, by written notice to the other, request arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the Employer and the Union within seven (7) days after notice has been given. If the parties fail to select an employeearbitrator, the State Mediation and Conciliation Service or between the American Arbitration Association shall be requested by either or both parties to provide a panel of five arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties and the arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of testimony and argument. The expenses for the arbitrator's service and the proceedings shall be borne by the Employer and the Union.
(a) The Union, in consideration of the Committee's having hereinafter reaffirmed its belief in and compliance with the State Law insofar as they defined the rights, duties, and obligations of a municipality under the General Laws under the Rules, Regulations and Procedures of the Civil Service Commission relative to employees' seniority, promotion, reassignment, discharges, reduction in rank, removals and suspensions; hereby agrees that any grievance, complaint, or appeal which, under past practices and procedures would normally have come within the interpretationjurisdiction of said Civil Service commission is hereby specifically excepted and removed from the arbitration provision of the Agreement. In such circumstances, applicationthe Union specifically agrees to seek any redress and remedy through the procedures of said Civil Service Commission and not through the arbitration provisions of this Agreement. Any other grievance which is not wholly or in part within the jurisdiction of the Civil Service Commission as described herein and which remains unsettled after the procedures outlined here have been exhausted shall be submitted to arbitration as outlined above. It is the express intent of the parties that only those disputes defined in the Article which clearly come within these arbitration provisions shall be arbitral. No other subject, administration direct or alleged violation collateral, shall be arbitral except by a mutual agreement signed by the Union and the Committee.
(b) This decision of the arbitrator shall be final and binding upon both parties and upon any employee affected thereby, provided that such decision shall be restricted to an interpretation or application of the terms of this Agreement and shall in no way alter or expand the provisions of this AgreementAgreement or contain any recommendation thereto; and provided further said decision is based upon the facts and arguments either presented by the parties or on which an opportunity to comment has been furnished the parties by the arbitrator. The arbitrator, in rendering his written decision, shall clearly state the employee or Union Representative will bring it to Findings of Fact and Conclusions upon which his decision is founded.
(c) The parties agree that no restrictions are intended on the attention rights and powers of the immediate supervisor to settle such differences within ten (10) days Committee except those specifically and directly set forth in express language in specific provisions of the occurrenceAgreement. If further action In determining whether there is to be taken, then within ten (10) days a specific and direct violation of the discussion, the employee, who may request the assistance express language of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days specific provision of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, it is agreed that the only criterion to be applied is the plain meaning of express language in the Agreement, and that unless mutually extendedsaid language is inherently ambiguous on its face, it evidence of past practice, past or present policy, or oral statements made during negotiations shall be inadmissible to alter the meaning of express language and shall not be considered to have been settled or abandonedby the arbitrator.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinSection 1. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or Any disputes between the Employer and the UnionUnion or any member of the bargaining unit concerning the meaning, as to the interpretation, application, administration application or alleged violation of any provisions of Agreement or of any rules, regulations or procedures governing the terms and conditions of bargaining unit employees shall be resolved finally and exclusively pursuant to this Article. Employees are encouraged to speak directly to their immediate supervisor and resolve any issues they may have informally.
Section 2. In order to commence the grievance/arbitration process, a written grievance must be filed by the employee or the Union. The grievance must set forth the specific action complained of and the provisions of this Agreementthe Agreement or rule, regulation, or procedure governing the employee or Union Representative will bring it terms and conditions of the bargaining unit employees that are alleged to be violated.
Section 3. All time limits set forth with respect to the attention filing of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be takengrievance, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance proceeding to the Administrator next step of a grievance, or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter filing for arbitration is received within ten (10) days after must be strictly observed, or the decision under Step No. 1 is received, the grievance grievance/arbitration shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance untimely, and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond matter shall be deemed conclusively resolved based upon the Employer’s last decision. The arbitrator shall be empowered to determine timeliness in accord with this provision. Time limits may only be a denial extended by written agreement executed by the CEO of the grievanceEmployer, or designee, and a Union Staff Representative or officer of the Union.
Section 4. Should If a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedis filed which raises an issue of statutory violation as well as an issue of contract violation, it shall not be considered subject to arbitration unless the Employee and the Union shall elect in writing to make arbitration the exclusive forum for resolution of the statutory as well as the contractual issue, and waive any rights they may have been settled to proceed in any other forum. This provision will not prevent the Union from raising, as a defense to discipline, a claim that the discipline was imposed in retaliation for the employee exercising rights protected by federal or abandonedstate law.
Section 5. The grievance/arbitration procedure shall be as follows:
STEP 1: The employee and/or the xxxxxxx shall file a grievance with the Human Resources Director, or designee, and the parties will
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 SECTION 1
Step I The parties concerned employee or the Union shall submit a written grievance to the respective Deputy Chief of Transportation or Maintenance. The written grievance must be submitted directly to the office location during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday), to the Deputy Chief to which the grievance is directed or his designee. The grievance must be submitted within five (5) business days of the receipt by the employee of the written notification of the alleged violation. The day the grievance is filed does not count towards the five days. Within five (5) business days after receipt of the grievance, the respective Deputy Chief of Transportation or the Deputy Chief of Maintenance may schedule a hearing if the grievance involves a violation, written warning or reprimand and/ or any lesser discipline. If the grievance involves a termination or suspension, a hearing shall be scheduled. The hearing, if scheduled, shall be held within the next five (5) business days. The Deputy Chief, or his designee, will have five (5) business days after the hearing or receipt of the grievance, whichever is later, to render a written decision.
Step II If a satisfactory decision is not reached, the Union may request to move to the next step of the Grievance Procedure. Within five (5) business days after receipt by the Union or the employee, of the written decision from Step I, the grievance must be submitted to the Chief Operating Officer. The Step II grievance shall be submitted in writing directly to the Chief Operating Officer’s office during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday), or to his Administrative Assistant. Within five (5) business days after receipt of the grievance, the Chief Operating Officer, or his designee, may schedule a hearing for resolution of the grievance and the hearing, if scheduled, will be held within the next five (5) business days. The Chief Operating Officer will have five (5) business days after the hearing or receipt of the grievance, whichever is later, to render a written decision.
Step III If a satisfactory decision is not reached, the Union may request to move to the next step of the Grievance Procedure. Within ten (10) business days after the written decision from Step II, the grievance must be submitted to the Chief Executive Officer. The Step III grievance shall be submitted in writing directly to the office of the Chief Executive Officer or his Administrative Assistant, during regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday). The Chief Executive Officer, or his designee, shall schedule a hearing for the resolution of the grievance, and the hearing shall be held within the next ten (10) business days. The Chief Executive Officer, or his designee, shall have twelve (12) business days after the receipt of the grievance or the hearing, whichever is later, to render a written decision. If the grievance is not settled at this agreement believe time, it may be submitted to Arbitration. Prior to submitting the grievance to Arbitration, it is important to adjust complaints and grievances as quickly as possible as provided agreed that either party may request an opportunity for hereinnon-binding mediation. If the other party agrees, mediation must be requested no later than twenty (20) business days after the Step III hearing decision has been rendered. The Authority and the Union may mutually select a mediator from the Federal Mediation and Conciliation Service (FMCS) or any other recognized mediation specialists.
(A) All days in the grievance procedure shall be business days.
(B) Any grievance not processed, by the Union or the employee, within the time limits set
(C) Any grievance not processed, by the Authority, within the time limits established shall be considered valid, and the grievant’s remedy shall be won.
(D) The time limits of submitting or responding
(E) Grievances, affecting a number of employees and involving a question common to all, may be submitted at Step II or Step III.
(F) If the grievance is not appealed to the next Step within the specified time limits, it shall be considered settled on the basis of the Authority’s answer, but such settlement shall not constitute a precedent in any other case.
(G) Pursuant to Section 447.401 of the Florida Statutes on Grievance Procedures, all public employees have the right to a fair and equitable grievance procedure, but the Union will not be required to process grievances for non-Union employees. The Union, however, will be given a copy of the grievance and the resolution. Individuals may take any grievance to Arbitration, except violations of the work rules, written warnings or reprimands, and/or any lesser discipline. The non- Union employee will bear one-half (1/2) the cost of Arbitration.
(H) In the event the action grieved by the employee was taken by an Authority representative designated in Steps I, II or III, the grievance shall proceed to the next succeeding Step.
(I) Grievances received by Dispatchers and Supervisors, unless appointed as designees by the respective Deputy Chief, will not be considered as having met the required procedure for the filing of a grievance and, therefore, will not be processed through the grievance procedure.
Step IV If the grievance is not settled at Step III, the grievance may be submitted to Arbitration by the grieving party. The request for Arbitration must be made to the other party within twenty (20) business days of the receipt of the answer of the Authority in Step III. The request must be sent by certified mail, and the date of the postmark shall be used for the purpose of determining time limits. Step V If Arbitration is requested in Step IV, the issue must be submitted, in writing, for final determination to an Arbitrator. Within ten (10) business daysofsuch notice, the Unionshallrequest from the Federal Mediation and Conciliation Service (FMCS) a list of seven (7) arbitrators with residence in Florida who are experienced in the field of the subject to be arbitrated. The list will be sent to both the Union shall first discuss any individual complaint informally and the appropriate Authority representative. Within ten (10) business days after receipt of the list of arbitrators, the Union and the Authority shall, beginning with the Director Union, alternately eliminate names one at a time from the list of Care or designate at persons, until only one remains and this person shall be the first opportunity.
8.02 In all steps arbitrator. Failure by either party to adhere to the time limits in this paragraph shall be considered a withdrawal of this the request for arbitration and the grievance procedure an aggrieved employeewill be considered resolved in favor of the compliant party (i.e., if she so desires may be accompanied by or represented by her Union Representative. At Step 1 on the basis of the decision of the Authority in the last step of the grievance procedure a representative or on the basis of the Ontario Nurses' Association may relief requested in the grievance). Further, the request, for Arbitration shall be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employeeclearly set forth in writing, or between the Employer and the UnionArbitrator is empowered to rule only on the issue(s) presented in the grievance. The Arbitrator cannot deviate from the language of this contract and his powers are limited by this contract. The Arbitrator will weigh all evidence and arguments on the points of dispute, as to and the interpretationwritten decision of the Arbitrator shall be final and binding upon the parties. The Arbitrator shall not add or detract from, application, administration alter or alleged violation of otherwise amend in any of way the provisions of this Agreement, . The parties shall jointly share the employee or Union Representative will bring it to the attention cost of the immediate supervisor to settle such differences within ten (10) days Arbitrator. The cost of the occurrence. If further action is to be takentranscript, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officerif requested, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought borne by the grievor. Union grievances shall be set out on party requesting the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingtranscript.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' ’ Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) 10 days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The a) Grievance means any difference between the parties bound by the Agreement concerning its interpretation, application or alleged violation thereof.
b) Employees shall have the right to this agreement believe it is important Union representation in any grievance or disciplinary meeting. Representative of the Union shall include any elected officer of the Union or shop xxxxxxx recognized by the Union.
c) Efforts to adjust complaints and grievances as quickly as possible as provided for hereinresolve grievances, up to but not including arbitration, shall be made on Employer time. The employee grievor(s) may be present for any formal meeting throughout the grievance and arbitration procedure.
d) The following grievance procedure shall be observed:
Step 1 An employee, accompanied by a Union representative, if desired, shall within fourteen (14) days of when the circumstances giving rise to the grievance were known or Union shall first discuss any individual complaint informally should reasonably have been known to the grievor, raise the matter orally with the Director of Care or designate at employee's immediate supervisor. The supervisor shall reply to the first opportunitygrievance within seven (7) days.
8.02 In all steps Step 2 If the employee is not satisfied with the outcome of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure procedure. In such cases, the employee, accompanied by a representative Union representative, will, within fourteen (14) days of the reply at Step 1, present the grievance in writing to the Editor. The grievance shall be answered in writing within seven (7) days of receipt of the grievance.
Step 3 If the two parties are unable to agree at Step 2, then within seven (7) days of receipt of an answer at Step 2, the employee and the Union shall take up the grievance in writing with the Publisher (or his/her representative). The answer at this Step must be given in writing within seven (7) days.
Step 4 If the two parties are unable to agree at the third step, then, the party raising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the reply in Step 3.
e) In general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator; however, either party may elect to submit a grievance to an Arbitration Board of three (3) members, in which case the other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the name of a nominee to the arbitration board of the party requesting arbitration. The recipient of the referral shall, within five (5) days, notify the other party in writing of its acceptance of one of the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board, submit its nominee to the arbitration board.
f) The parties shall endeavour within five (5) days to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavour to agree on a chairperson for the arbitration board, and where a single arbitrator or a chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Minister of Labour of Ontario Nurses' Association may be present at asked to make the request of either partyappointment.
8.03 Should g) The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or Board shall issue a decision and the decision shall be final and binding upon the parties and upon any dispute arise between employee and Employer affected by it. In the case of an Arbitration Board, the decision of the majority is the decision of the Board but if there is no majority decision, the decision of the Chair shall govern.
h) Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the Employer and an employee, the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator.
i) By mutual agreement between the Employer and the Union, as to and in the interpretationcase of an Employer or a Union grievance, application, administration or alleged violation in the case of any a grievance involving the suspension or discharge of the provisions of this Agreementan employee, the employee or Union Representative will bring it to processing of a grievance may begin at the attention of the immediate supervisor to settle such differences within ten (10third stage.
j) days of the occurrenceIt is intended that grievances shall be processed as quickly as possible. If further action is to be taken, then within ten (10) days of the discussion, grieving party does not appeal the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between next successive stage within the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedspecified appeal time limit, the grievance shall be deemed to have been settled or abandonedbe abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 k) Time limits fixed in the grievance and arbitration procedures this article may be extended only by writtenmutual agreement. In all cases, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoneddays means calendar days.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances A grievance shall be defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise difference between the Employer Company and an employee, or between the Employer and the Union, as to any of its employees regarding the interpretation, application, administration or alleged violation of any the provisions of the provisions Collective Agreement. If a difference arises between an employee and the Company over the interpretation, application, administration, or the alleged violation of this Agreement, the employee and immediate supervisor must first meet as soon as possible and attempt to resolve the difference informally. Step I If the difference has not been settled informally, or Union Representative will bring it the employee has not received a reply from his supervisor within five (5) working days, the employee may present the difference in writing as a grievance to immediate supervisor. All grievances must be in writing, signed by the attention employee and outline the terms of the immediate supervisor Collective Agreement alleged to settle such differences be violated. All grievances must be submitted within ten fourteen (1014) calendar days of the occurrenceoccurrence giving rise to the grievance. If further action is The employee's supervisor will have five (5) working days to render a written decision on the matter. Step Failing satisfactory settlement, the employee within five (5) working days of having received the written decision at Step I may refer the matter in writing to the department head. The department head will arrange a meeting to review the matter within fourteen (14) calendar days of receipt of the written request for a Step meeting. The employee may be takenaccompanied at that meeting by the Union President, then and a xxxxxxx from the employee's department. The United Steelworkers staff representative may also attend. The department head will provide a written reply to the grievance to the Union President within ten seven (107) calendar days of the discussion, meeting. Arbitration If the employee, who may request Company and the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance are unable to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of settle any grievance under in the foregoing procedure, including any questions as to whether a matter is arbitrablemanner, the grievance may be referred to an Arbitrator selected in rotation from the panel of individuals set forth below: Xxxx Xxxxxxx, Xxxxxx Xxxxxxxx, Xxxxx Xxxxxx If the aggrieved party does not proceed to arbitration by either party. If no written notice within fourteen (14) calendar days of intent to submit receipt of the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedanswer, the grievance shall be deemed forfeited and waived by the aggrieved party. In the event the grievance is referred to have been settled or abandoned.
8.04 A written grievance will indicate arbitration, the nature Company and Union agree that the cost of the grievance and the remedy sought arbitration will be shared equally by the grievorboth parties. Union grievances shall be The time limits set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process forth for signing.
8.05 Time limits fixed in the grievance and arbitration procedures procedure may only be extended only by written, mutual consent the agreement of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 Step I An aggrieved employee considering filing a grievance must first contact a member/s of the Grievance Committee within two (2) work shifts of the occurrence or event giving rise to the grievance to explain the grievance to said committee member/s. The parties to this agreement believe it is important committee member/s must attempt to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally the grievance within two (2) work shifts after being presented with the Director of Care or designate at grievance by the first opportunityemployee.
8.02 In all steps Step II If the outcome of this grievance procedure an aggrieved Step I is not satisfactory to the employee, if she so desires the employee may be accompanied by or represented by her Union Representative. At Step 1 submit a written statement of the grievance procedure a representative to the employee's immediate supervisor within two (2) work shifts after the date of the Ontario Nurses' supervisor's oral response. A written decision must be given by the immediate supervisor within two (2) work shifts after receiving the written grievance.
Step III If the grievance remains unadjusted, or is not satisfactory to the employee, it may be presented in writing to the Fire Chief by the Employee within two (2) work shifts after the date of the supervisor's response. The Fire Chief shall render a decision in writing within five (5) work shifts thereafter.
Step IV If the decision of Step III is not satisfactory to the employee or the Association, the employee or the Association may be present at such grievance in writing within two (2) work shifts for the request employee or (5) five work shifts for the Association after the date of either partythe Fire Chief's response, together with a copy of the replies from the immediate supervisor and Fire Chief, to the Personnel Director of the City of Burlington. Within five (5) work shifts thereafter, the Personnel Director shall render a decision in writing to the employee or Association.
8.03 Should any dispute arise between Step V If the Employer and an employeegrievance remains unresolved on the basis of the decision of Step IV, or between the employee and/or the Association may, within five (5) work shifts after the date of the Personnel Director's decision , submit a request in writing (copy to the Employer) to the Public Employment Labor Relations Board to provide a list of five (5) prospective arbitrators. Both the Employer and the Unionaggrieved party shall have the right to strike two (2) names from the list. The determination of a party's desire to strike first or have the other party strike first shall be determined by lot. The strike of names shall then alternate. The remaining person shall be the arbitrator. The selection of an arbitrator shall be completed within seven (7) normal business days after receiving the list of prospective arbitrators. The fees and expenses of the arbitrator shall be shared equally by the Employer and the aggrieved party. However, each party shall be responsible for compensating their own representatives and witnesses as well as paying for transcripts of the proceedings, if desired. The decision of the arbitrator shall be final and binding on both parties to the interpretationthis Agreement. The arbitrator shall have no power to add to, applicationsubtract from, administration or alleged violation of change any of the provisions of this Agreement, nor shall the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail arbitrator have authority to render his any decision which conflicts with any law, ruling, or failing settlement of regulation binding upon the Employer, not to imply any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out obligation on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer which is not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified specifically set forth in this Agreement, unless mutually extended, it shall . Awards may not be considered retroactive beyond the date of the occurrence or event giving rise to have been settled or abandonedthe grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 (a) Pre-Grievance The employee and/or Union Xxxxxxx will discuss the alleged grievance with his/her manager in an attempt to resolve the issue. The parties will jointly agree to a time frame for a response. This pre-grievance process will not extend the time limits for filing a grievance unless otherwise agreed pursuant to this agreement believe Article.
(b) Step 1 - Written Grievance If the grievance is not resolved at Pre-Grievance, it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee must be submitted by a Union Xxxxxxx or Union Representative, in writing, to Human Resources, with a copy provided by Human Resources to Allina Labor Relations. A written grievance shall first discuss any individual complaint informally with include the Director Article and Section of Care the contract allegedly violated, the desired remedy or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employeecorrection, if she so desires may and be accompanied signed and dated by or represented by her a Union Xxxxxxx and/or Union Representative. At Step 1 In no case shall there be any consideration given to a grievance unless such notice is put in writing and submitted within fourteen (14) calendar days after the date of the occurrence giving rise to the grievance. A grievance procedure relating to pay (wages, hours, vacations and days off, etc.) must be submitted in writing within thirty (30) calendar days after the payday for the period during which the grievance occurred. Failure to give such a representative notice shall be a permanent waiver of the Ontario Nurses' Association may be present at rights to pursue such grievance. Within fourteen (14) calendar days from receipt of the request of either party.
8.03 Should any dispute arise between the Employer and an employeegrievance, or between representatives from the Employer and the UnionUnion and the grievant (s) will meet and attempt to resolve the grievance. Within seven (7) calendar days after the date of the meeting, as the Employer will issue a decision on the grievance to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Xxxxxxx and/or Union Representative and the grievant attending the meeting. A copy will bring be provided by H uman Resources to Allina Labor Relations.
(c) Step 2 - Appeal Hearing If the grievance is not resolved at Step 1, it must be submitted for an appeal hearing, in writing, to Allina Labor Relations, by the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour the Union Xxxxxxx. The appeal must be submitted to the Director of Allina Labor Relations Officerwithin twenty (20) calendars days after receipt of the Step One decision. Within seven (7) calendar days from receipt of the appeal, shall submit representatives from the written Employer and Union will agree to a date to meet to resolve the grievance. Within fourteen (14) calendar days after the date of the meeting, the Employer will issue a decision in writing on the grievance to the Administrator or designate. A meeting will be held between Union Representative and/or Union Xxxxxxx attending the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandonedmeeting.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 7.01 Should any dispute difference arise between the Employer employer and an employee, employee or between the Employer and the Union, employees as to the interpretation, application, administration interpretation or alleged violation of any of the provisions of this Agreement, they shall be taken up in the following manner. No employee will have a grievance until he has given his Xxxxxxx an opportunity to adjust his complaint.
(a) The employee, accompanied by a Union Representative, shall submit the grievance in writing stipulating the clause violated and the relief or remedy sought to his Xxxxxxx no later than the employee’s third working day after its occurrence or the second working day after he returns to work.
(b) Should the Xxxxxxx fail to give his decision within two working days, or should the employee refuse such decision, the Union may forward the grievance within a further two working days to the Mill Superintendent for his decision.
(c) The Mill Superintendent shall give his decision within two working days and should the employee refuse such decision, the Union may forward the grievance to the Mill Manager.
(d) Failing settlement at (c), the Union may request a meeting on the grievance with the Corporate Human Resources Director or Union his/her designee and the National Representative will bring it to the attention of the immediate supervisor to settle such differences attend this meeting. This meeting should be held within ten (10) days of receiving the occurrenceanswer from (c).
(e) Failing satisfactory settlement at (d), the Union may refer the grievance to arbitration. If further action is The referral to arbitration will be taken, then within ten (10) days of receiving the discussion, answer from (d) and the employee, who may request Union will notify the assistance Company in writing and at the same time give the name of her Union Representative and/or Labour Relations Officer, shall submit their nominee.
(f) In the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give case of a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrabledischarge, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten procedure will start at (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandonedc).
8.04 A written grievance (g) In all cases of discharge and discipline, a Union Xxxxxxx will indicate be present with the nature of employee affected.
7.02 All the Company replies from (a) on will be in writing and attached to the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various all time limits specified in this AgreementArticle may be extended by mutual agreement of both parties.
(a) The party desiring to submit a matter to arbitration shall deliver to the other party a notice in writing of intention to arbitrate along with a list of suggested arbitrators.
(b) In the event that the parties fail to agree on an arbitrator within 15 working days (or as otherwise mutually agreed), unless mutually extended, it either party may request the Minister of Labour for Ontario to appoint one.
(c) The decision of the arbitrator shall be considered final and binding on both parties, the arbitrator shall not have the power to have been settled add to, subtract from, alter or abandonedamend any of the provisions of this agreement in any respect. In the case of discharge or disciplinary action, the arbitrator may substitute some lesser penalty if, in his opinion, such substitution is justified.
7.04 Each party shall pay its own arbitration costs including the fees and expenses of witnesses called by it and of its representatives. The fees and expenses of the Chairman shall be shared equally by the parties.
Appears in 1 contract
Samples: Labour Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 1.) A grievance shall be defined as a claim that the School District violated an express term of this Agreement. A grievance may be raised by the Association or by an employee within the bargaining unit covered by this Agreement. Once raised, the grievance will be resolved by the following procedures:
Step 1: The parties grievance shall be first orally discussed by the grievant and/or his/her representative and the grievant’s immediate supervisor within ten (10) work days of the act, occurrence, or event giving rise to this agreement believe it the grievance.
Step 2: A grievance, which is important not resolved in Step 1, shall be submitted in writing to adjust complaints and grievances as quickly as possible as provided for hereinthe Superintendent or designee within five (5) work days following the conclusion of Step 1. The employee or Union written grievance must be signed by the grievant and set forth the specific claim being made together with a statement of the facts surrounding the grievance. Within ten (10) working days after submission of the written grievance, there shall first discuss any individual complaint informally with be a meeting between up to four representatives designated by the Director of Care or designate at Superintendent and up to four representatives designated by the first opportunityAssociation.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of 3: If the grievance procedure a representative of remains unresolved after the Ontario Nurses' Step 2 meeting, the Association may be present at shall appeal the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as grievance in writing to the interpretationBoard of Education within five (5)
Step 4: If the grievance remains unresolved after the Step 3 decision, application, administration or and if the grievance involves an alleged violation by the District of any of the provisions an express provision of this Agreement, the employee or Union Representative will bring it Association may submit the grievance in writing to the attention Public Employment Relations Board Arbitration Services (copy to the Superintendent) for arbitration of the immediate supervisor grievance in accordance with its Voluntary Labor Arbitration rules. The decision of the Arbitrator shall be binding on both parties, and the cost of arbitration shall be shared equally.
2.) The arbitrator shall have no power to settle such differences add to, subtract from or change any of the pro- visions of this Agreement; nor to render any decision which conflicts with a law, regula- tion, directive or other obligation binding upon the District, nor to imply any obligation which is not specifically set forth in this Agreement. Awards may not be retroactive beyond ten workdays prior to the service of the Step 2 written grievance upon the Dist- rict. In making an award, the arbitrator shall bear in mind that both the District and Association recognize that their paramount obligation is to the welfare of the school children.
3.) If a written copy of the grievance was not served on the District within ten (10) work days of the act, occurrence. If further action is , or event giving rise to be takenthe grievance, then or if the grievance was not submitted in writing to the American Arbitration Association within ten (10) 60 calendar days after the date of the discussion, the employee, who may request the assistance Step 2 service of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablegrievance, the grievance may will be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance deemed waived and there shall be deemed no right to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievorarbitration. Union grievances shall be The time limits set out on the union grievance form. Alternately, the parties may agree to an electronic version of forth in this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures Section may be extended only by written, mutual upon the written consent of the both parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE.
8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01
Section 1. A grievance shall be defined as any dispute involving the interpretation, application, or alleged violation of the express provisions of this Agreement. Grievances or disputes, which may arise, shall be settled in the manner set forth herein.
Step 1: Within ten (10) working days of the occurrence of the grievance an employee with a grievance shall discuss the grievance with their immediate supervisor. The immediate supervisor shall have ten (10) working days to respond verbally to the grievance.
Step 2: If the grievance is not resolved informally at Step I, a formal grievance shall be presented in writing within ten (10) working days from receipt of the Step 1 response to the Department Head or their designee. The written grievance must identify the particular provision or provisions of the contract allegedly violated, the facts upon which such alleged violation are based, and the proposed remedy for the alleged contract violation. The Department Head or designee shall have ten (10) working days from receipt of the grievance to respond in writing.
Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance shall, within ten (10) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (10) working days after the receipt of the grievance to respond to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievance.
Step 4: If the matter is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement believe may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article.
Section 2. If a grievance is not presented or advanced within the time limits set forth above, it is important to adjust complaints and grievances as quickly as possible as provided for hereinshall be considered waived. The employee or Union shall first discuss time limits in any individual complaint informally with step of the Director of Care or designate at the first opportunity.
8.02 In all steps of this above grievance procedure an aggrieved employee, if she so desires may be accompanied extended by or represented by her Union Representative. At Step 1 mutual written agreement of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to . Employer grievances shall be filed with the interpretation, application, administration or alleged violation of any Union representative at Step 2 of the provisions of this Agreementprocedure.
Section 3. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, the employee or Union Representative will bring providing it to the attention of the immediate supervisor to settle such differences is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the occurrence. If further action is matter to be taken, then within arbitrated and the contract provisions allegedly violated.
Section 4. Within ten (101 0) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten shall request a list of five (105) daysqualified names from the Montana State Board of Personnel Appeals. The Administrator Union and the Employer shall give a written decision within ten each strike two (102) days of names in alternate order, and the meeting to remaining shall be the Bargaining Unit President or her designate with a copy to arbitrator. The Union shall strike the Labour Relations Officerfirst name. Should In cases where an employee is the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedureaggrieved party, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent authorization to submit the matter for grievance to arbitration is received within ten (10) days after must come from the decision under Step NoUnion.
Section 5. 1 is received, Decisions of the grievance arbitrator shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate final and binding on both parties. Costs incurred for the nature arbitrator shall be borne equally by both parties. Authority of the grievance and arbitrator is limited to matters of interpretation or application of the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version express provisions of this form Agreement that directly pertain to the issue(s) submitted in writing for arbitration. The arbitrator shall consider and a process for signing.
8.05 Time limits fixed decide only the specific issues submitted in the grievance writing, and arbitration procedures may be extended only by writtenshall have no power or authority to add to, mutual consent subtract from, amend, or modify any of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial terms or provisions of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee Any grievance or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires dispute which may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between parties regarding the Employer and the Union, as to the interpretation, application, administration meaning or alleged violation of any of the provisions interpretation of this Agreementagreement, shall be settled in the employee following manner:
Step 1. The Employee, with or without the Union Representative will bring it to Xxxxxxx, shall take up the attention of grievance or dispute in writing with the immediate supervisor to settle such differences Employee’s Captain within ten (10) days of the date of the grievance or the Employee’s knowledge of its occurrence. The grievance shall be reduced to writing and signed by the aggrieved employee and include the following information: 1) a statement of the grievance and the facts upon which it is based; 2) the remedial action requested; 3) the section of this Agreement to which the grievance relates. The Captain shall attempt to adjust the matter and shall respond in writing to the Employee or the xxxxxxx within five (5) working days.
Step 2. If further action is the grievance has not been settled, it shall be presented in writing to be taken, then the Chief of Police within five (5) working days of the Captain’s response to Step 1.The Chief of Police shall respond in writing to the Employee or the xxxxxxx within ten (10) working days.
Step 3. If the grievance has not been settled, it shall be presented in writing by the Employee or the Union Xxxxxxx to the City Manager or designee within seven (7) working days after the Chief’s response. The City Manager or designee will meet with the appropriate Union representative and aggrieved employee to discuss and attempt to resolve the grievance. Following this meeting, the written decision of the discussion, City Manager will be returned to the employee, who may request the assistance of grievant and his/her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties representative within ten (10) working days.
Step 4. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, If the grievance may be referred to arbitration by is still unsettled, either party. If no written notice of intent to submit the matter for arbitration is received within ten party has fifteen (1015) working days after the decision under Step Noreply of the City Manager or designee by written notice to the other, to request arbitration. 1 is receivedThe arbitration proceeding shall be conducted by an arbitrator to be selected by the Employer and the Union within seven (7) working days after notice has been given. If the parties fail to select an arbitrator, the grievance Iowa Public Employment Relations Board shall be deemed requested by either or both parties to provide a panel of five (5) arbitrators. Both the Employer and the Union shall have been settled or abandoned.
8.04 A written grievance the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one name. The process will indicate be repeated, and the nature remaining person shall be the arbitrator. The parties also have the option to agree on one (1) of the grievance names on the panel as being the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the remedy sought by the grievor. Union grievances arbitrator shall be set out on requested to issue his/her decision within thirty (30) calendar days after the union grievance formconclusion of the testimony and argument. AlternatelyIn questions involving back pay, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond arbitrator’s authority shall be deemed limited to be providing back pay for a denial period not to exceed thirty (30) calendar days prior to the filing of the grievance. Should Expenses for the arbitrator’s service and the proceedings shall be born equally by the Employer and the Union. However, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a grievance not be submitted within verbatim record of the various time limits specified in this Agreement, unless mutually extendedproceedings, it shall may cause such a record to be considered made, providing it pays for the record and makes copies available without charge to have been settled or abandonedthe other party and to the arbitrator.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The To promote better relations, the parties agree to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should settle any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretationmeaning, application, administration interpretation or alleged violation of any of the provisions application of this Agreement, contract by the following procedure:
Step I: The employer or the employee or Union Representative will bring it together with the Association may claim a breach of this Agreement in writing to the attention of the employee's immediate supervisor to settle such differences supervisor. Such written notice shall be given within ten (10) calendar days from the date the aggrieved party knew or reasonably should have known of the occurrenceaction giving rise to the grievance. If further action is The notice shall include:
Step II: If, after ten (10) calendar days from the date of submission of the grievance to the supervisor, the grievance remains unresolved, the grievance may be takensubmitted by the Association within an additional ten (10) calendar days to the Director of Public Works, then together with all material received to that date. The Director of Public Works may meet with the aggrieved party who may request an Association representative at the meeting. The Director of Public Works shall respond to the grievance in writing within ten (10) calendar days of receipt of the discussiongrievance or the informal meeting, whichever occurs later, with a copy to the Association.
Step III: If, after ten (10) calendar days from the date of the Director of Public Works' response, the employeegrievance remains unresolved, the grievance may be submitted within an additional ten (10) calendar days to the City Manager, who may request shall meet with the assistance of her Union Representative and/or Labour Relations Officer, aggrieved party and Association representative and shall submit the written grievance respond to the Administrator or designate. A meeting will be held between the parties grievance in writing within ten (10) dayscalendar days with a copy to the Association.
Step IV: If, after ten (10) calendar days from the date of the City Manager's response, the grievance remains unresolved, the grievance may be submitted to mediation by the Association, if agreed upon by the City. The Administrator shall give If so, the City and the Association will jointly request a written decision mediator from the Employment Relations Board. Step V: Arbitration. If the grievance is still not resolved, it may within ten (10) calendar days of the meeting be submitted to the Bargaining Unit President or her designate with a copy to the Labour Relations Officerarbitration. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance An Arbitrator shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed selected in the grievance and arbitration procedures may be extended only by written, mutual consent following manner: A list of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to (a) Any dispute between a Local Union and a Local Employer or any grievance by any Employee covered under this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director Agreement which arises out of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any this Agreement shall be adjusted if possible by the Local Union Representative and the Local Employer or his designated Representative. A meeting between the Local Union Representative and the Local Employer or his designated Representative shall be called within two working days of receipt of the provisions dispute or grievance by the party grieved against. If the dispute or grievance is not settled within three working days of this Agreement, such receipt then the employee or Union Representative will bring grieving party shall refer it to its bargaining Agent (the attention “Union” or the Masonry Industry Employers Council of Ontario, as the case may be). Copies of all grievances and the decisions of all local grievance meetings must be initialed and submitted to the Ontario Joint Conference Board. On receipt of the immediate supervisor to settle such differences dispute or grievance the grieving parties Bargaining Agent will meet with the Bargaining Agent of the other party within ten (10) working days to attempt to settle the grievance. Should the dispute or grievance not be settled within fifteen (15) days from the date of the occurrence. If further action is to be takenreceipt of the grievance, then within ten the dispute or grievance may be submitted to the Ontario Joint Conference Board. It is understood that the Union and the Employer will make every effort to use the above three step procedure on interpretations disputes, before referring the dispute to the Ontario Labour Relations Board.
(10b) days Where any difference between the Employer and the Union arises from the interpretation, application, administration or alleged contravention of the discussion, the employee, who Agreement then either party may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written a grievance to the Administrator Ontario Joint Conference Board. The Board shall meet as soon as conveniently possible to consider the grievance.
(c) The object of the Ontario Joint Conference Board is to establish fair working conditions and regulations for both the Employer and the Employee in the Construction Industry and to maintain industrial peace by resolving disputes and grievances which arise under this Agreement from time to time. Its duties shall include:
i) attempting to resolve disputes and grievances prior to arbitration.
ii) investigating and recommending methods to improve trade practices, efficiency, productivity and standards of workmanship in the industry.
iii) attempting to improve labour relations between Employers and the Union.
iv) promoting the best interest of the industry generally. The Ontario Joint Conference Board shall have equal representation from the Employers and the Union. It shall meet at the request of either party. The Board may from time to time elect a Chairman who shall be neither a Representative of the Union or designateEmployer. A meeting will Grievances presented to the Board shall be held dealt with at meetings of the Board. After fully hearing both sides of the matter, the Chairman may decide on the disposition of the grievance presented to the Board and such disposition shall be submitted to the Board for approval (or disapproval). The decision of the Board shall consequently be recorded as a minute of the Board.
(d) Arbitration Procedure — Where a difference arises between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting hereto relating to the Bargaining Unit President interpretation, application or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement administration of any grievance under the foregoing procedurethis Agreement, including any questions question as to whether a matter is arbitrablearbitrable or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established above, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s Appointee to the Arbitration Board. The recipient of the notice shall within five (5) working days advise the other party of the name of its Appointee to the Arbitration Board. The two Appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two Appointees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour of Ontario, upon the request of either Party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any Employee or Employer affected by it. The decision of a majority shall be the decision of the Arbitration Board, and if there is no majority the decision of the Chairman shall govern. The fees and expenses of the Chairman shall be borne one-half by the Union and one-half by the Employers. Any other costs or expenses in connection with such Arbitration shall be borne by the party which incurs them.
(e) No dispute or grievance shall be considered by the parties nor shall it be subject to the provisions of this Article unless it is presented within twenty (20) working days from the date the Local Union and/or Union became aware of the alleged dispute or grievance.
(f) Where a particular clause or article of this Agreement may be found to work a hardship in a specific geographical jurisdiction of a Local Union, either the Local Union or Local Employers Group may request a meeting with the other to consider the hardship in question. Should the Local Union and Local Employers Group agree to amend the Collective Agreement to address the hardship such Agreement shall be made in writing and referred to the “Union” and M.I.E.C.O. for their endorsement. Where no agreement is reached the issue will only be referred to arbitration the O.J.C.B. by either partyagreement of both the Local Union and Local Employers Group.
(g) Job Targeting - It is understood and agreed by both parties that it is the intent of the parties to take all necessary steps through Job Targeting to ensure the survival and orderly growth of the organized Masonry Construction Industry. If no written notice of intent to submit In the event that a Local Union unreasonably withholds permission for job targeting, then the matter for arbitration is received will be referred to the O.J.C.B.which shall meet within ten (10) 14 days after to assist the decision under Step Nolocal parties to reach an agreement. 1 is received, In the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature event of failure of the grievance and local parties at the remedy sought O.J.C.B. to reach an agreement the matter will be referred to the “Union” Executive Board. The “Union” Executive Board will, within 5 days, endeavour in good faith to carry out the intent of this Article. Any alleged violation of this Article may be dealt with by referral to expedited arbitration with an arbitrator selected by the grievorparties to this agreement for a final and binding decision. Union grievances Where a violation has occurred the arbitrator may make such orders, including orders relating to job targeting as the arbitrator determines is appropriate to remedy the breach. It is further understood and agreed that all Signatory Employers shall be set out on co-operate to the union grievance formfullest extent in bidding those projects targeted by a Local Union. Alternately, The Employers in all cases of Job Targeting shall request similar arrangements with the parties may agree to an electronic version of this form and a process for signingLocal Labourers' Union.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Provincial Agreement for Ontario for Bricklayers, Stonemasons and Plasterers
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Director of Human Resources or designate. A meeting will be held between the parties within ten (10) days. The Administrator Director of Human Resources shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Director of Human Resources fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it 6.01 It is important to adjust the mutual desire of the Corporation and the Union that complaints and grievances of the employees shall be adjusted as quickly as possible as provided for hereinand it is understood that an employee has no grievance until he has given to his/her immediate superior an opportunity of adjusting his/her complaint. The In discussing such complaint the employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a an authorized representative of the Ontario Nurses' Association may be present at the request of either partyUnion.
8.03 6.02 Should any dispute misunderstanding or controversy arise between the Employer Corporation and an the Union as to the compliance of either party with any of its obligations herein, or should there be any grievance involving the terms of this Agreement by any employee, or between the Employer and group of employees, or the Union, as to the interpretationsame shall be handled in the following manner provided, applicationhowever, administration that no grievance shall be considered the alleged circumstances of which originated or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within occurred more than ten (10) working days prior to the presentation as a written grievance in accordance with the procedure set out herein. Any employee's complaint which is not settled by his/her immediate superior shall be reduced in writing, in triplicate on the prescribed forms, signed by such employee and submitted to his/her Department Head who shall call a meeting with the grievor and the Union Representative to deal with the grievance and render his/her decision thereon in writing not later than the second working day next following the day on which the Department Head receives the grievance. At any necessary discussions representing any grievance the employee shall be accompanied by an authorized representative of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations OfficerUnion. Should the Administrator fail decision of the Department Head not be satisfactory to render his decision or failing settlement the employee concerned, an appeal therefrom may be lodged in writing and signed by the employee with the C.A.O. within two (2) working days of any grievance under receipt of the foregoing procedure, including any questions as to whether a matter is arbitrable, Department Head's decision. The C.A.O. shall deal with the grievance at a meeting and render his/her decision not later than the third (3rd) working day next following said meeting. At such meeting the grieving employee shall be accompanied by an authorized representative of the Union who may make a presentation to the C.A.O. Should the decision of the C.A.O. not be satisfactory to the employee concerned, an appeal therefrom may be referred lodged in writing and signed by the employee to the Town Council within two (2) working days of receipt of the C.A.O.’s decision. The Town Council shall deal with the matter at a scheduled meeting as a Committee of the Whole and render its decision not later than the third (3rd) working day next following said meeting. At such meeting the grieving employee shall be accompanied by an authorized representative of the Union who may make a presentation to Council. After exhausting the grievance procedure herein provided, when either party request that a grievance be submitted to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received they shall make such request in writing within ten five (105) working days after the decision under grievance has been dealt with in Step No. 1 is received3, addressed to the grievance shall be deemed other party to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.. Within five
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps For purposes of this grievance procedure Article, a “grievance” will be defined as an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 actual dispute arising as a result of the grievance procedure a representative application or interpretation of one or more express terms of this Agreement provided, however, that any matter reserved to the discretion of the Ontario Nurses' Association may be present at Town by the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions terms of this Agreement, or arising before the date of this Agreement, will not be subject to this grievance procedure nor construed as being grievable. The Town and the Union understand that the grievance procedure is designed as a procedure for prompt resolution of disputes. Therefore, no grievance may be commenced more than five (5) days after the the Union or the employee have knowledge of the incident or event upon which the grievance is based. All grievances will be handled in accordance with the grievance procedures set forth in this Article. References to periods of days in this Article will not include Saturdays, Sundays, or holidays. A representative of the Union Representative will bring it shall accompany the employee in any meeting with a Town representative concerning a grievance.
Step 1. Within five (5) days of the event giving rise to the attention grievance, the Union shall file a grievance, in writing, with the Fire Chief, with a copy to the Town Administrator. The grievance will contain;
(a) a concise statement of the immediate supervisor facts; (b) a citation of applicable contract language, which shall include the Article and section of the Agreement under which the grievance arises; (c) the specific provisions of the Agreement that allegedly have been violated; and (d) the remedy sought. The date the grievance is submitted to the Fire Chief will constitute the commencement date of the grievance. The Fire Chief will meet with the Union and attempt to settle such differences or adjust the grievance. If a satisfactory settlement or adjustment cannot be reached, the Fire Chief will submit a written decision, to the local Union President, within ten (10) days of receipt of the occurrencegrievance.
Step 2. If further action the grievance is to be taken, then not resolved at Step 1 or answered by the Fire Chief within ten (10) days of the discussiontime limit set forth above, the employeeUnion may appeal the grievance, who may request the assistance of her Union Representative and/or Labour Relations Officerin writing, shall submit the written grievance to the Town Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations OfficerFire Chief, not later than five (5) days from the date the Fire Chief’s response was due. Should The Town Administrator will respond to the Administrator fail grievance, in writing, to render his decision or failing settlement of any grievance under the foregoing procedurelocal Union President, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten fifteen (1015) days after the decision under date of receipt of the appeal.
Step No3. 1 If the grievance is receivednot resolved at Step 2 by the Town Administrator within the time limit set forth above, the Union may appeal the grievance, in writing, to the Board of Selectmen with a copy to the Fire Chief and the Town Administrator, not later than five (5) days from the date the Town Administrator’s response was due. The Board of Selectmen, in its sole discretion, may elect to meet with the Union to discuss the grievance or may rule on the grievance without any meeting. The Board of Selectmen shall respond to the grievance, in writing, to the local Union President, withi`n thirty (30) days after the date of receipt of the appeal.
Step 4. In the event that the grievance is not satisfactorily resolved at Step 4, the Union or the Town may, by written notice to the other, request arbitration within five (5) days after the reply of the Board of Selectmen is due. The Union and the Town shall attempt to agree on an arbitrator. If the Union and the Town fail to agree on an arbitrator within seven (7) days after notice of arbitration has been given, the Union or the Town may file a demand for arbitration with the American Arbitration Association within seven (7) days after the seven (7) day window for the parties to try to agree upon a mutually agreeable arbitration, and an arbitrator shall then be selected in accordance with the applicable rules of said American Arbitration Association. The award of the arbitrator shall be deemed final and binding upon all parties. The arbitrator shall have no power to have been settled add to, subtract from or abandoned.
8.04 A written grievance will indicate the nature of the grievance modify this Agreement, and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form only interpret such items and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures determine such issues as may be extended only submitted to him or her by written, mutual consent agreement of the parties. Should The arbitrator may not award interest on any monetary award. The arbitrator shall not render a decision contrary to state or federal law. Town withdraws without prejudice. Each party shall bear expenses incurred by it, and expenses of arbitration incurred jointly shall be borne equally by the Employer not respond Union and the Town. Either party shall have the right to have a transcript made of the proceedings, in which case the transcript shall be designated by the parties as the official record of the proceedings. Both parties shall share the expense of providing a copy of the transcript to the arbitrator. Grievances may be settled without precedent at any stage of this procedure. The arbitrator shall decide any disciplinary cases based upon the preponderance of the evidence standard of proof. The Union’s failure to initiate any Step within the appropriate time limit(s) fixed, such failure to respond limit shall be deemed to be a denial of result in barring the grievance. Should a The failure of the Fire Chief, the Town Administrator or the Board of Selectmen to respond to the grievance not be submitted within the various appropriate time limits specified in this Agreement, unless mutually extended, it shall be considered a denial, and the employee or the Union may move the grievance to have been settled the next step of the procedure. Only the Town or abandoned.the Union may move the matter to arbitration. The time limits set forth in this Article may be extended by mutual agreement of the parties. The Town may also process grievances under the grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 16.1 A grievance is defined as a dispute between the parties concerning the meaning, interpretation, application or alleged violation by the Employer of the Agreement.
16.2 The parties to this agreement believe recognize that it is important to adjust complaints that grievances be processed and grievances resolved as quickly rapidly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with possible, therefore, the Director number of Care or designate days indicated at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 each step of the grievance procedure below should be considered as a maximum and every effort should be made to resolve grievances within these guidelines.
16.3 Grievances meeting the above definition shall be handled in the following manner (except discharges which are handled under 16.1 above): Step One: The aggrieved employee will meet with his supervisor at a mutually convenient time within five (5) days after the occurrence of the event complained of or when the employee had knowledge of the event to try to come to a satisfactory settlement. Any grievance not reported within five (5) days of its occurrence will no longer constitute a grievance. The employee shall have the right to have a Xxxxxxx of the Union present if the employee so desires. No settlement at this step shall serve to set a precedent or prejudice any future case between the parties. Step Two: If the grievance is not settled under Step One, the employee may, within five (5) days after the answer as set forth in Step One, reduce the grievance to writing setting forth the exact nature of the matter and complained of, including the date of the occurrence and specifying the exact provision of the Agreement which is alleged to have been violated. The grievance shall be signed by a Xxxxxxx of the Union who shall give the grievance to the Employer Manager or other such person as may be designated. Within five (5) days after the receipt of the grievance, the Employer shall answer in writing. If the grievance is not reduced to writing and presented to the Employer within five (5) days as herein specified, it shall no longer constitute a grievance. Step Three: If the grievance is not settled under Step Two, it may be appealed in writing to the Director of Human Resources within five (5) days of the receipt of the Employer’s answer in Step Two. Within five (5) days after the appeal is filed, a meeting to consider the grievance shall be held at which time the employee, a Xxxxxxx of the Union and a representative of the Ontario Nurses' Association Union may be present at along with the request of either partyEmployer’s supervisor and/or other representatives. The Employer will give an answer in writing within the five (5) days as herein specified, it shall no longer constitute a grievance. Time limits in this section are defined as business days which exclude Saturdays, Sundays and Holidays recognized under this agreement.
8.03 Should any dispute arise between 16.4 If the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences grievance is not resolved within ten fifteen (1015) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedEmployer’s answer, it shall be submitted to arbitration.
16.5 The parties shall first attempt to a mutually agreed upon selection of an arbitrator. If no agreement is reached, the dispute shall be submitted to the Federal Mediation and Conciliation Service (“FMCS”) and the parties agree to abide by the Rules of the FMCS.
16.6 The time limits specified above may be extended by mutual agreement. If the Union fails to comply with said time limits, then its grievance shall be considered settled.
16.7 Arbitration hearings of non-precedent setting cases (including all cases involving discharge or discipline of employees) shall be conducted without stenographic transcripts or pre- trial or post-trial briefs unless the parties otherwise stipulate or the arbitrator otherwise directs. Within thirty (30) days following the conclusion of the hearing, the arbitrator shall issue a written award without opinion unless the parties by agreement request the arbitrator to have been settled or abandonedissue a full written opinion. In the event of an award involving back pay, it shall be limited to the date of the filing for arbitration.
16.8 All expenses of the arbitrator, except each party’s legal fees, shall be borne equally by the parties hereto.
17.1 No Strikes; No Lockouts:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to 23.1 All differences between Local 118 and CTYP and any Employee bound by this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the Agreement concerning its interpretation, application, administration operation or any alleged violation thereof including any question as to whether any matter is covered by this article shall be finally and conclusively settled without stoppage of work by the following method:
Step 1: Every effort shall be made by the Employee(s) and CTYP to resolve the issue verbally. Employees shall have the right to have a Local 118 representative present at such a discussion in person and/or telephone.
Step 2: If the issue cannot be resolved verbally, then either party may formally register a grievance in writing within ten (10) business days of the grieving party becoming aware of the incident giving rise to the issue. Local 118 shall present its grievance to CTYP’s designated representative and CTYP shall present its grievance to Local 118’s designated representative.
Step 3: Within ten (10) business days of presenting the written grievance in Step 2, Local 118’s designated representative and the CTYP designated representative shall meet to try and resolve the grievance.
Step 4: If resolution of the grievance cannot be reached within ten (10) business days after the meeting described in Step 3, either party may give the party opposite notice of their intention to refer the grievance to arbitration before a single arbitrator and thereafter the parties shall consult with a view to appointing a mutually agreeable single arbitrator as soon as possible whose decision shall be final and binding. The costs of the arbitrator shall be borne equally by Local 118 and CTYP.
23.2 If Local 118 and CTYP cannot agree on a single arbitrator within five (5) business days of Step 4, either party may request the Minister of Labour to appoint a single arbitrator.
23.3 The arbitrator shall have no authority to alter, amend or modify this Agreement, nor to make any of decision inconsistent with the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to .
23.4 The time limits in this Article may be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officerextended by mutual agreement. Should the Administrator grieved party fail to render his decision or failing settlement of comply with the time limits at any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature stage of the grievance and the remedy sought by the grievor. Union grievances shall be procedure set out on in this Article without the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual express consent of the parties. Should party opposite, the Employer not respond within the time limit(s) fixed, such failure to respond aggrieved party shall be deemed entitled to be elect to abandon the remaining grievance procedure steps and give notice of their intention to proceed to arbitration and/or request the Minister of Labour appoint a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedsingle arbitrator.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 26.1 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to Union recognize that grievances may arise in each of the following circumstances:
(a) the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, or of an arbitral award;
(b) the interpretation, application, administration or alleged violation of a provision of a policy made or issued by the Employer dealing with the terms or conditions of employment;
(c) disciplinary action resulting in demotion, suspension, or a financial penalty;
(d) discharge; or
(e) letters or notations of discipline placed on an employee’s personnel file.
26.2 Grievances shall be settled according to the following procedures for grievance and arbitration.
26.3 An xxxxxxx effort shall be made to settle grievances fairly and promptly by discussion, in an effort to resolve the difference informally. If an employee or a group of employees or the Union on their behalf has a grievance, the employee or group of employees will submit to their out-of-scope Supervisor a written statement of the particulars of the grievance and the redress sought within ten (10) working days of the date that the grievor became aware of, or reasonably should have become aware of, the alleged grievance. The Supervisor or their designate shall meet with the grievor within five (5) working days of the grievance, and shall render a decision in writing within five (5) working days of this meeting. Failing satisfactory settlement at Step One, within ten (10) working days of receipt of the decision at Step One, the grievance may be referred in writing to arbitration by either partythe Chief Executive Officer. If no written notice of intent to submit The Chief Executive Officer or their designate shall meet with the matter for arbitration is received grievor within ten (10) working days after of receipt of the grievance at Step Two, and shall render a decision in writing within ten (10) working days of this meeting. Failing satisfactory settlement at Step Two, within ten (10) working days of receipt of the decision under at Step NoTwo, the grievance may be referred in writing to arbitration.
26.4 Arbitration shall be by a single arbitrator selected by the parties within thirty (30) calendar days of the date on which the referral to arbitration was made, or such further period as may be mutually agreed upon by the parties. 1 Should the parties be unable to agree upon the selection of an arbitrator, the Minister of Labour of Canada shall be requested to appoint an arbitrator, and it is receivedagreed that the arbitrator so appointed shall act as the single arbitrator.
26.5 The arbitrator shall hear and determine the difference or allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee affected by it.
26.6 The arbitrator shall not have the authority to alter or amend any of the provisions of this Agreement, or to substitute any new provision in lieu thereof, or to render any decision contrary to the terms and provisions of this Agreement.
26.7 The Employer and the Union shall each pay one-half (1/2) of the remuneration and expenses of the arbitrator and each party shall bear its own expenses of every such arbitration.
26.8 If a grievance is not initiated or processed within the time limits specified in this Article including the referral to Arbitration, the grievance shall be deemed abandoned. If a grievance is not responded to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this AgreementArticle, unless mutually extended, the grievance may be advanced to the next step. Time limits in this Article may only be extended by agreement in writing between the Employer and the Union.
26.9 The procedure and time limits in this Article shall apply to policy grievances. In the case of an Employer policy grievance it shall be considered presented at Step Two to have been settled or abandonedthe President of the Union.
26.10 No employee shall be dismissed without first being given notice in writing together with the reasons therefor. When the Employer dismisses an employee the grievance procedures shall apply except that the grievance may be submitted directly to the second level of the procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement Agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties A. Subject to this agreement believe it is important to adjust complaints and grievances any limitation of existing law, any grievance, defined in the MERO, Section 1-1(g) as quickly as possible as provided for herein. The employee a dispute concerning the application or Union shall first discuss any individual complaint informally with interpretation of the Director of Care or designate at the first opportunity.
8.02 In all steps terms of this grievance procedure an aggrieved employeeAgreement or a claimed violation, if she so desires misinterpretation or misapplication of the rules or regulations of the Employer affecting the terms and conditions of employment, may be accompanied by or represented by her Union Representativesettled in the following manner:
STEP 1. At Step 1 Within 15 calendar days of the date of the grievance procedure a representative or knowledge by the affected employee of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as occurrence giving rise to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussiongrievance, the employee, who may request accompanied by an authorized representative of the assistance of her Union Representative and/or Labour Relations OfficerUnion, shall submit orally discuss the grievance with his immediate officer. The aggrieved employee and representative shall attempt to resolve the complaint with all parties involved. In the event the grievance is not resolved at this level, the employee and his Union representative shall present the grievance in writing to the Senior Officer or House Captain. If the grievance is not resolved at this level within 30 calendar days, the Union Xxxxxxx and Battalion Representative shall present the grievance in writing to the Battalion Chief.
STEP 2. If the grievance is not satisfactorily resolved within 15 days of presentation to the Battalion Chief, the aggrieved employee shall forward the grievance, in writing, through a Union Vice President to the appropriate Deputy Chief. Within 14 calendar days of the presentation, that Deputy Chief shall hold a meeting with the appropriate Union representative to discuss the grievance.
STEP 3. If the grievance has not been satisfactorily resolved in Step 2, a written grievance may be taken to the Chief of Fire Department or his designee within 15 days following the completion of Step 2. The Chief or his designee shall meet and discuss the grievance with an appropriate union official within 20 days of receipt of the grievance. A written answer to the grievance shall be submitted to the employee and an appropriate Union Official within 20 days thereafter. Should the Union not receive a written response within 20 days, it may advance the grievance to the Administrator next step. Any grievance concerning the specific action of Chief of Fire Department, or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under which affects at least more than one employee may be commenced at Step 3.
STEP 4. If the foregoing procedure, including any questions as to whether a matter is arbitrablegrievance has not been satisfactorily resolved at Step 3, the grievance may be referred taken to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature Office of the grievance and Labor Commissioner of the remedy sought City of Baltimore by the grievorUnion President or his designee within 15 days following the completion of Step 3. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version Within 15 days of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial receipt of the grievance, the Labor Commissioner or his/her designee shall meet with the Union President or his designee and the aggrieved employee to discuss the grievance. Should a grievance not be submitted The Labor Commissioner or his designee shall respond in writing to the President of the Union within the various time limits specified in this Agreement, unless mutually extended20 days, it may advance the grievance to the next step. Following Step 4 proceedings at the level of the Office of the Labor Commissioner, there shall be considered a Step 4 Mediation, but, if and only if, the Union, the Chief of Fire Department, and the Office of the Labor Commissioner agree in writing to have been settled conduct Step 4 Mediation as a non-binding mediation that is chaired by a neutral party, whom the parties shall appoint either from the staff of the American Arbitration Association, or abandonedby alternately striking from a list of seven arbitrators who each are members, of the National Academy of Arbitrators (Baltimore/Washington Area list) furnished to them by the American Arbitration Association. Any costs or fees associated with the mediation shall be shared equally; each side, however, to cover its own costs of counsel and presentation.
Appears in 1 contract
Samples: Memorandum of Understanding
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The Any grievance or dispute which may arise between the parties to including the application, meaning or interpretation of this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. Agreement, shall be settled in the following manner:
Step I. The employee and/or a representative shall present the grievance or Union shall first discuss any individual complaint informally with dispute orally to the Director employee’s supervisor within seven (7) working days of Care or designate at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 date of the grievance procedure or within seven (7) working days after the employee should reasonably have had knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the employee and/or a representative within seven (7) working days of presentation of the grievance. In the event of a contract violation, the Union acting alone may file a grievance within such time limit.
Step II. If the grievance has not been settled under Step I, within the time limit therefore, it shall be presented in writing by the employee and/or a representative or, in case of a
Step III. If the grievance still remains unsettled, it shall be presented by the employee and/or a representative of the Ontario Nurses' Association may be present at Union, as appropriate, to the request School Committee in writing within seven (7) working days after the response of either party.
8.03 Should any dispute arise between the Employer and an employeeSuperintendent of Schools was due or received, or between whichever first occurs. The School Committee shall respond in writing to the Employer and employee and/or a representative of the Union, as to the interpretationappropriate, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrenceworking days.
Step IV. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by still remains unsettled at the conclusion of Step III, either party. If no written notice of intent to submit the matter for arbitration is received party may, within ten fifteen (1015) working days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature reply of the grievance and School Committee was due or received whichever first occurs, by written notice to the remedy sought by the grievorother, request arbitration. Union grievances shall be set out on the union grievance form. AlternatelyUpon receipt of a request for arbitration, the parties may shall attempt to agree upon an arbitrator. If unable to agree upon an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent arbitrator within seven (7) calendar days from receipt of the parties. Should the Employer not respond within the time limit(s) fixedrequest for arbitration, such failure to respond an arbitrator shall be deemed to be selected through the American Arbitration Association (AAA) in accordance with the AAA rules then in effect. The moving party shall request a denial list of arbitrators from the grievance. Should a grievance not be submitted American Arbitration Association (AAA) within twenty (20) working days after the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedexpiration of said seven (7) calendar days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally formally with the Director of Care or designate Nurse Manager/Nurse Supervisor at the first opportunity.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor an xxxxxxx effort shall be made to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officeremployee representative, shall submit the written grievance to the Administrator or designateHuman Resources. A meeting will be held between the parties within ten (10) days. The Administrator Human Resources shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Human Resources fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.
Appears in 1 contract
Samples: Collective Agreement