Common use of GRIEVANCE AND ARBITRATION PROCEDURE Clause in Contracts

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 10 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 10 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision under Step No. 1, the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No.1No. 2, the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or his designee. A meeting will then be held between the (designate) Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 3 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) 7.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 3, it will be deemed to have been received within the time limits. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44 (6) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply."

Appears in 8 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision under Step No. 1, the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No.1No. 2, the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or his designee. A meeting will then be held between the (designate) Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 3 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) 7.07 “Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 3, it will be deemed to have been received within the time limits.” 7.08 “All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees.” 7.09 “When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman.” 7.10 “No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.” 7.11 “No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.” 7.12 “The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.” 7.13 “The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned.” 7.14 “Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board.” 7.15 “The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44 (6) of The Labour Relations Act.” 7.16 “Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply."

Appears in 8 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 17.01 For purposes of this the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 17.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he he/she has first given his his/her immediate supervisor manager the opportunity of adjusting his his/her complaint verbally or in writing. If any employee has a complaint. The grievor may have the assistance of a union xxxxxxx if he or , he/she so desires. Such complaint shall be discussed discuss it with his his/her immediate supervisor manager within nine five (95) calendar days after the circumstances giving rise to it the complaint have occurred or ought reasonably to have reasonably come to the attention of the employee and employee. The manager shall give his/her response to the complaint within five (5) days and, failing settlement within nine (9) calendar dayssettlement, it shall may be then be taken up as a grievance within nine five (95) calendar days following advice after being advised of his the immediate supervisormanager's decision in the following manner and sequence: If the employee wishes, he/she may go directly to step 1 of the grievance procedure without following the process outlined above. If an employee decides to go directly to step 1 he/she must file his/her grievance under step 1 within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee. The employee, who may be accompanied by a request the assistance of his/her xxxxxxx, may submit present his/her grievance to his/her immediate manager. The grievance shall be in writing on a written grievance form approved by the Company and the Union. The grievance shall be signed by the employee to (designated by Hospital). The grievance and shall identify include the nature of the grievance and grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union and Failing settlement, the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will immediate manager shall deliver his his/her decision in writing within nine five (95) calendar days following the day on which presentation of the grievance was presented to him/her. Failing settlement or response, thenSettlement: Within nine five (95) calendar days after the decision in which Step #1 is given, the employee, who may request the assistance of the xxxxxxx, may submit the grievance in writing to his/her Human Resources Manager or his/her designate who shall deliver his/her decision in writing within five (5) days following the presentation of the grievance to him/her. Where an employee's immediate manager and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step No.1#2, the griever, who may have the assistance of the Union xxxxxxx, may submit the grievance may be submitted in writing to the (designated by Hospital)Store Manager or his/her designate. A meeting will then be held between the (designate) Store Manager or his/her designate and the Grievance Committee employee and the Union xxxxxxx. Such meeting shall be held within nine five (95) calendar days of the submission of the grievance at Step No. 2 #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Canadian Union of Public Employees and the grievor may shall be present at such meeting at the meeting. It is further understood request of either party and that the (designate) Company may also have such counsel and assistance as he it may desire at such meetingdesire. The decision of the Hospital Store Manager or his/her designate shall be delivered in writing within nine five (95) calendar days following the date of such meeting. 7.04 A complaint or 17.03 It is agreed that a policy grievance arising directly between the Hospital Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. 2 within fourteen (14) calendar days following #3 and the circumstances giving rise time limits set out with respect to the complaint or grievancestep shall appropriately apply. It is expressly understood, however, that the provisions of this Article section may not be used with respect to a grievance remedy directly affecting an employee which such employee could himself institute or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. 17.04 A claim by an employee who has completed his probationary his/her probation period that he he/she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Company at Step No. 2 #3 of the grievance procedure within seven five (75) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance grievance or Arbitration Procedure arbitration procedure by: (a) confirming the HospitalCompany's action in dismissing the employee; , or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 7 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable." 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance." 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision under Step No. 1, the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No.1No. 2, the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or his designee. A meeting will then be held between the (designate) Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 3 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting." 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed." 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance." 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause." (a) 7.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 3, it will be deemed to have been received within the time limits." 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees." 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman." 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance." 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure." 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement." 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned." 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board." 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44 (6) of The Labour Relations Act." 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply."

Appears in 7 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Section 1. The grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the City and its employees. Furthermore, the grievance procedure is to provide a 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 any provisions of this Agreement, any provisions of the personnel code, municipal ordinances, or filed for the purpose of getting an established policy, standard, or procedure changed. Section 2. The grievance is hereby jointly defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance, 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, if known, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is defined as sought. Step 1. Any employee having a difference arising between grievance, or his designated representative, which shall hereafter mean an ATU Local No. 1293 Executive Board Officer, shall first present the parties relating grievance orally to the interpretationemployee's section supervisor or his designated representative within five (5) working days after knowledge of its occurrence. The supervisor shall then attempt to adjust the matter and shall respond in writing, applicationto the employee or his designated representative, administration or alleged violation within five (5) working days from the date of the Agreement including any question as to whether a matter is arbitrablemeeting. 7.02 At the time formal discipline Step 2. If satisfactory settlement is imposed or at any stage of not reached under Step 1, the grievance procedure an employee shall have be presented in writing by the right upon request employee, or his designated representative, to the presence of his/her xxxxxxx. In the case of suspension Manager or discharge the Hospital shall notify the employee of this right his designated representative in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor writing within nine five (95) calendar working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention expiration of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision time limit set forth in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital)Step 1 above. The grievance shall identify the nature of When the grievance and is presented, the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at parties shall agree upon a meeting time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, order that the grievance may be submitted fully discussed by the parties involved. The employee, an ATU Local 1293 officer, the supervisor involved, and the Manager, or his designated representative, may be at the meeting. The Manager or his designated representative, in an attempt to adjust the matter, shall respond in writing to the employee or his designated representative within five (5) working days from the date of the meeting. Step 3. If satisfactory settlement is not reached under Step 2, the grievance shall be presented by the employee or his designated by Hospital)representative to the Director of Public Works/Utilities, within five (5) working days after the expiration of the time limit set forth in Step 2 above. A meeting will then be held between the Within ten (designate10) and the Grievance Committee within nine (9) calendar working days of the submission grievance being presented, the parties shall hold a meeting to discuss the grievance. The Department Head shall issue a written decision to the employee or his designated representative within five (5) working days from the date of the meeting. Step 4. If satisfactory settlement is not reached under Step 3, the employee or his designated representative shall resubmit the grievance at described in Step No1 above within five (5) working days to the City Personnel Director, or his designated representative, who shall conduct a general review and attempt to settle the grievance within five (5) working days in a written reply. Step 5. 2 unless extended by agreement If satisfactory settlement is not reached under Step 4, the employee or his designated representative may file notice of intention to arbitrate the grievance, if such notice is filed with the City Personnel Director, or his designated representative, within ten (10) working days after the expiration of the partiestime limit described in Step 4 above. Section 4. It is understood and agreed that a representative written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the Canadian Union express purpose of Public Employees and the grievor may be present at the meetingcontractual provision in question. It is further 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 5. Upon receipt of notice of intent to arbitrate a grievance, the City, through its designated representative, and the employee or his designated representative shall meet within sixty (designate60) days and attempt to select an arbitrator by mutual agreement. If the parties are unable to select an arbitrator by this method, either party may address a letter to the American Arbitration Association requesting a list of five (5) qualified arbitrators. The letter to the American Arbitration Association shall be sent within fifteen (15) days from the expiration of the sixty (60) day time period allowed the parties to mutually agree upon selection of an arbitrator as provided herein. The failure to send the letter within the fifteen (15) day time period provided shall constitute an unconditional withdrawal of the grievance and preclude a subsequent refiling of notice of intent to arbitrate the same grievance. Upon receipt of the list of arbitrators, the parties will meet and strike names within thirty (30) days in accordance with the procedure outlined in this section. Failure of either party to meet and strike names shall result in a decision favorable to the other party. The party filing the notice of intent to arbitrate shall first strike a name from the list and the other party shall then also strike a name from the list until the remaining member of the panel submitted is chosen as arbitrator. The arbitrator chosen shall promptly Section 6. The arbitrator selected in accordance with the procedures of Section 5 of this Article shall have jurisdiction only to interpret, apply, or determine compliance with the express provisions of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms and provisions of this Agreement and he shall consider and render decisions upon only such counsel and assistance issues as he are directly raised by the written grievance taken to arbitration, which grievance shall not in any way be changed or amended after it is presented in accordance with the provisions of Sections 4 or 5 of this Article. The arbitrator may desire interpret the express provisions of this Agreement, only insofar as it is necessary to the determination of the grievance at such meetingissue. Section 7. The decision of the Hospital arbitrator shall be delivered final and binding upon the parties to this Agreement, provided that the arbitrator shall make no award outside the scope of his authority outlined in writing within nine (9) calendar days following Section 6 of this Article, or effecting a change, modification, or addition to this Agreement, and shall confine himself strictly to the date of such meeting. 7.04 A complaint or grievance arising directly between facts submitted at the Hospital hearing, the evidence and stipulations before him, and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the express terms and provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassedAgreement. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitrationSection 8. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under initiated and prosecuted by the Grievance or Arbitration Procedure by: (a) confirming City with regard to actions sanctioned and approved by the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement Transit Union which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation are violations of this Agreement, including any question as to whether a matter is arbitrable, by the filing of such grievance may in writing with the designated representative of the Local No. 1293, Amalgamated Transit Union. Notice shall be submitted given by registered mail. Within thirty (30) days of the date of delivery of such grievance, the designated representative of the Transit Union, and the City, through its designated representative, shall arrange for a meeting in order to arbitration as hereinafter provideddiscuss the grievance. If no The designated representative of the Transit Union shall provide the City, or its designated representative, with a written request for arbitration is received answer to the grievance within eighteen five (185) calendar working days after the decision conclusion of such a meeting. If satisfactory settlement is not reached under Step No. 2 is giventhis procedure, the City may file a notice of its intention to arbitrate the grievance if such notice is filed with the designated employee representative within ten (10) working days after receipt of the Transit Union's answer as provided for in this Section. Selection, jurisdiction, and conclusiveness shall be deemed the same as set out in Sections 4, 5, 6, and 7, above. Section 9. Expenses for the arbitrator's services and the arbitration proceeding in all cases of arbitration shall be borne equally by the parties to have been abandonedthe arbitration, and each party shall be responsible for compensating its own representatives and witnesses and its cost incurred in presenting its case to the arbitrator. Section 10. Where such a written request is postmarked within sixteenThe time limits provided for in this Article shall be strictly construed and the failure of the Union, individual employee, or City to meet the time limits listed in this Article relative to resubmittal of the grievance or notice of intention to arbitrate

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Grievances shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor filed within nine thirty (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (930) calendar days of the submission date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: • Article 2--Recognition • Article 5--Complete Agreement/Past Practices • Article 22--No Discrimination • Article 56--Sick Leave (FMLA/OFLA) • Article 81--Reclassification Upward, Reclassification Downward, and Reallocation Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance at record. “Filed” for purposes of Step No. 2 unless extended 1 through Step 4 grievances shall mean postmarked (dated by agreement meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the partiesbusiness day or actual receipt. It Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is understood and agreed that a representative due or received. If at any step of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeeprocedure, the Hospital shall notify Employer fails to issue a response within the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is givenspecified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be deemed considered withdrawn and it cannot be resubmitted. Grievance steps referred to have been abandonedin this Article may be waived by mutual agreement in writing. Where such a Such written request is postmarked within sixteenagreements shall become part of the grievance file.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 17.01 For purposes of this the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 17.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he has first given his immediate supervisor manager the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint. The grievor may have the assistance of a union xxxxxxx if , he or she so desires. Such complaint shall be discussed discuss it with his immediate supervisor manager within nine five (95) calendar days after the circumstances giving rise to it the complaint have occurred or ought reasonably to have reasonably come to the attention of the employee and employee. The manager shall give his response to the complaint within five (5) days and, failing settlement within nine (9) calendar dayssettlement, it shall may be then be taken up as a grievance within nine five (95) calendar days following advice after being advised of his the immediate supervisormanager's decision in the following manner and sequence: If the employee wishes, he may go directly to step 1 of the grievance procedure without following the process outlined above. If an employee decides to go directly to step 1 he must file his grievance under step 1 within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee. The employee, who may be accompanied by a request the assistance of his xxxxxxx, may submit present his grievance to his immediate manager. The grievance shall be in writing on a written grievance form approved by the Company and the Union. The grievance shall be signed by the employee to (designated by Hospital). The grievance and shall identify include the nature of the grievance and grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union and Failing settlement, the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will immediate manager shall deliver his decision in writing within nine five (95) calendar days following the day on which presentation of the grievance was presented to him. Failing settlement or response, thenSettlement: Within nine five (95) calendar days after the decision in which Step #1 is given, the employee, who may request the assistance of the xxxxxxx, may submit the grievance in writing to his Human Resources Manager or his designate who shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Where an employee's immediate manager and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step No.1#2, the griever, who may have the assistance of the Union xxxxxxx, may submit the grievance may be submitted in writing to the (designated by Hospital)Store Manager or his designate. A meeting will then be held between the (designate) Store Manager or his designate and the Grievance Committee employee and the Union xxxxxxx. Such meeting shall be held within nine five (95) calendar days of the submission of the grievance at Step No. 2 #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Canadian Union of Public Employees and the grievor may shall be present at such meeting at the meeting. It is further understood request of either party and that the (designate) Company may also have such counsel and assistance as he it may desire at such meetingdesire. The decision of the Hospital Store Manager or his designate shall be delivered in writing within nine five (95) calendar days following the date of such meeting. 7.04 A complaint or 17.03 It is agreed that a policy grievance arising directly between the Hospital Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. 2 within fourteen (14) calendar days following #3 and the circumstances giving rise time limits set out with respect to the complaint or grievancestep shall appropriately apply. It is expressly understood, however, that the provisions of this Article section may not be used with respect to a grievance remedy directly affecting an employee which such employee could himself institute or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. 17.04 A claim by an employee who has completed his probationary probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Company at Step No. 2 #3 of the grievance procedure within seven five (75) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance grievance or Arbitration Procedure arbitration procedure by: (a) confirming the HospitalCompany's action in dismissing the employee; , or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her their xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has they have first given his their immediate supervisor the opportunity of adjusting his their complaint. The grievor may have the assistance of a union xxxxxxx if he or she they so desiresdesire. Such complaint shall be discussed with his their immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his their immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his their decision in writing within nine (9) calendar days following the day on which the grievance was presented to himthem. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he they may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself themselves institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his their designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his their probationary period that he has they have been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his their probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairperson of the Arbitration Board. If they are unable to agree upon such a chairperson within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairperson. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairperson will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairperson of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 ‌ 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. 8.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrableAgreement. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 (a) It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has they have first given his their immediate supervisor the opportunity of adjusting his their complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his their immediate supervisor within nine (9) calendar days after from the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the employee and failing grievance. Failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within the nine (9) calendar days following advice of his their immediate supervisor's ’s decision in the following manner and sequence: : (b) The employeeemployee must submit the grievance through the Local Union, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the grievor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate, with a copy to the immediate supervisor. The employee to (designated may be accompanied, if they so desire, by Hospital)their union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . (c) The Union and the Hospital may, if they so desire, meet parties will have a period of up to discuss the grievance at a time and place suitable to both parties. The thirty (designate) will deliver his decision in writing within nine (930) calendar days following from the day on which date the grievance was presented is filed to him. Failing settlement or responseattempt to resolve the grievance, then: Within nine and in any case, to provide the Union with a formal written response setting out the Hospital’s position on the matter. (9d) calendar days following During the decision in Step No.1thirty (30) day resolution period referred to above, the grievance may be submitted parties will attempt to resolve the matter(s) in writing dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the meeting(s) shall include the Union Grievance Committee. (e) Prior to the (designated by Hospitalinitial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting(s). A In determining a date for the meeting the parties will consider: (i) the time needed for research, consultation and preparation for the meeting(s) and, (ii) the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will then be held between generally take place during the middle ten (designate10) and the Grievance Committee within nine (9) calendar days of the submission thirty (30) day period. (f) In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. (g) If the parties are unable to resolve the grievance, the Hospital will provide the Union with a written response to the grievance by the end of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the thirtieth (designate30th) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days day following the date of such meetingthe filing of the grievance. 7.04 A complaint or grievance arising directly between the Hospital and the (h) The Union concerning the interpretation, application or alleged violation will then have a period of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days from the date of the Hospital’s response to determine if the response is acceptable, or will refer the matter to arbitration. (i) If the grievance is filed by the Hospital, the Union will provide a response by the end of the thirtieth (30th) day following the circumstances giving rise to date the complaint or grievancegrievance was filed. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees The Hospital will have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after from the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention date of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect Union’s response to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance determine if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge accept the Union’s response or otherwise discipline an employee who has completed his probationary period, without just causewill refer the matter to arbitration. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 9.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 9.02 At the time formal discipline is imposed or at any stage of the grievance procedure procedure, including the complaint stage, an employee shall have the right upon request Employee is entitled to the presence of his/her xxxxxxxbe represented by a local Union representative, if available. In the case of suspension or discharge the Hospital shall notify the employee of this right in advanceRepresentation may be provided via teleconference. 7.03 9.03 It is the mutual desire of the parties hereto that complaints of employees Employees shall be adjusted as quickly as possible, and it is understood that an employee Employee has no grievance until he she has first given his her immediate supervisor manager the opportunity of adjusting his responding to the complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his her immediate supervisor manager within nine seven (97) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing Employee. Failing settlement of the complaint within nine seven (97) calendar daysdays of being so discussed with the immediate manager, it shall may then be taken up as a written grievance at Step No. 1, within nine seven (97) calendar days following advice the date on which the Employee has been advised of his immediate supervisor's decision in the Manager’s decision, or failing any reply it may then be taken up as a written grievance at Step No. 1 within a period of fourteen (14) calendar days following manner and sequence: the initial complaint. The employeeEmployee, who may be accompanied by with the assistance of a xxxxxxxUnion representative, if available, may submit a written grievance grievance, signed by her, to the employee to (designated by Hospital)Manager. The grievance shall identify the nature of the grievance and grievance, the remedy sought and should identify the provisions section or sections of the Agreement which that are alleged to have been violated shall be violatedset out in the grievance. The Union and the Hospital parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) Manager will deliver his her decision in writing within nine seven (97) calendar days following the day on which the grievance was presented to him. Failing settlement her (or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary any longer period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitablemutually agreed). Wherever the Hospital deems it necessary to suspend or discharge an employeeFailing settlement, the Hospital shall notify next step in the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing grievance procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteentaken.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of 8.01 The parties to this Agreement, a grievance Agreement believe that it is defined important to respond to complaints and grievances as a difference arising quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Manager promptly following the issue giving rise to the complaint. 8.02 Should any dispute arise between the parties relating 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 the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee provisions of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Agreement, such dispute shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come brought to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up other party as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following or when the circumstances employee ought to have reasonably become aware of the issue giving rise to the complaint or 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 expressly understood, however, understood that the provisions 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 Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and form for the regular grievance procedure shall not be thereby bypassedsubmission of grievances. 7.05 Where 8.03 Once a number of employees complaint is initiated, the parties shall have identical grievances a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the issue and each employee would be attempt to arrive at a resolution. In addition to the union representative, the Union’s Labour Relations Officer is entitled to grieve separately they attend such meetings. 8.04 (a) If, after the end of such forty (40) calendar day period, the issue has not been resolved, either party may present a group grievance in writing identifying each employee who is grieving to inform the Department Head or his designee other party within fourteen (14) calendar days after of its written intent to forward the circumstances giving rise matter to arbitration. Such notice shall contain the grievance have occurred or ought reasonably to have come to the attention name of the employee(s)first party’s recommended Sole Arbitrator. The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of Where such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance notice is lodged by the employee with the Hospital at Step No. 2 post- marked within seven (7) twelve calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: above forty (a40) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeecalendar day period, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandonedreceived within the time limits. Where such a written The recipient of the notice shall, within ten (10) 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 Arbitrator shall be made by the Minister of Labour for Ontario upon the request is postmarked within sixteenof either party.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital Health Centre shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by HospitalHealth Centre). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital Health Centre may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by HospitalHealth Centre). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital Health Centre shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital Health Centre and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Health Centre at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming Confirming the HospitalHealth Centre's action in dismissing the employee; or (b) reinstating Reinstating the employee with or without full compensation for the time lost; or (c) by By any other arrangement which may be deemed just and equitable. Wherever the Hospital Health Centre deems it necessary to suspend or discharge an employee, the Hospital Health Centre shall notify the Union of such suspension or discharge in writing. The Hospital Health Centre agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Health Centre and the representatives of the Union will be final and binding upon the Health Centre and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes 6.01 It is agreed that it is the spirit and intent of this Agreement, Agreement to adjust grievances promptly. Either Party to this Agreement may lodge a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any 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 allowances; reporting allowances and dues may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received brought forward within eighteen ninety (1890) calendar days from the date after the decision under Step Nocircumstances giving rise to the grievance occurred or originated. 6.03 The Union having a grievance shall, in the first instance, present the grievance orally or in writing to the Employer or the Employer's Representative, in an attempt to settle the matter in dispute amicably. 2 An answer shall be given by the Employer or the Employer's Representative within twenty-four (24) hours of the grievance being presented or the next working day or such longer time as may be mutually agreed upon by the Parties. 6.04 Where a settlement is givennot reached as provided for in Article 6:03, then either of the Parties may 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 nominee of the Party wishing to bring the matter to Arbitration. Such written notice shall also state clearly the matter or matters in dispute to be dealt with by the Arbitration Board and what relief, if any, is claimed by the Party requesting the Arbitration. The Party receiving such notice shall within five (5) days, advise the other Party of the name of its nominees to the Arbitration Board. 6.05 The two nominees so selected shall within five(5) working days of the appointment of the 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 set out herein, the grievance appointment shall be deemed made by the Minister of Labour for Ontario, upon request of either Party. 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 final and binding upon the Parties and upon the employees affected. The decision of the majority of the Board, and if there is no majority decision, the decision of the Chairman shall govern. 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 no alteration or addition to have been abandonedor subtraction from or modification or amendment to any part of this Agreement. 6.08 The fees and expenses of the Chairman shall be borne one-half (1/2) by the Union and one-half (1/2) by the Employer. Where Any other costs or expenses in connection with such a written request is postmarked within sixteenarbitration 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. 7.01 For purposes Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Grievances shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor filed within nine thirty (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (930) calendar days of the submission date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles:  Article 2--Recognition  Article 5--Complete Agreement/Past Practices  Article 22--No Discrimination  Article 56--Sick Leave (FMLA/OFLA)  Article 81--Reclassification Upward, Reclassification Downward, and Reallocation Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance at record. “Filed” for purposes of Step No. 2 unless extended 1 through Step 4 grievances shall mean postmarked (dated by agreement meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the partiesbusiness day or actual receipt. It Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is understood and agreed that a representative due or received. If at any step of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeeprocedure, the Hospital shall notify Employer fails to issue a response within the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is givenspecified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be deemed considered withdrawn and it cannot be resubmitted. Grievance steps referred to have been abandonedin this Article may be waived by mutual agreement in writing. Where such a Such written request is postmarked within sixteenagreements shall become part of the grievance file.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (7.07 a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming Confirming the Hospital's action in dismissing the employee; or (b) reinstating Reinstating the employee with or without full compensation for the time lost; or (c) by By any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteenseven

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of 8.01 The parties to this Agreement, a grievance Agreement believe that it is defined important to respond to complaints and grievances as a difference arising quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Manager promptly following the issue giving rise to the complaint. 8.02 Should any dispute arise between the parties relating 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 the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee provisions of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Agreement, such dispute shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come brought to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up other party as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following or when the circumstances employee ought to have reasonably become aware of the issue giving rise to the complaint or 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 expressly understood, however, understood that the provisions 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 Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and form for the regular grievance procedure shall not be thereby bypassedsubmission of grievances. 7.05 Where 8.03 Once a number 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 8.04 (a) If, after the end of employees have identical grievances and each employee would be entitled to grieve separately they such forty (40) calendar day period, the issue has not been resolved, either party may present a group grievance in writing identifying each employee who is grieving to inform the Department Head or his designee other party within fourteen (14) calendar days after of its written intent to forward the circumstances giving rise matter to arbitration. Such notice shall contain the grievance have occurred or ought reasonably to have come to the attention name of the employee(s)first party’s recommended Sole Arbitrator. The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of Where such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance notice is lodged by the employee with the Hospital at Step No. 2 post-marked within seven (7) twelve calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: above forty (a40) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeecalendar day period, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandonedreceived within the time limits. Where such a written The recipient of the notice shall, within ten (10) 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 Arbitrator shall be made by the Minister of Labour for Ontario upon the request is postmarked within sixteenof either party.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 17.01 For purposes of this the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 17.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he he/she has first given his his/her immediate supervisor manager the opportunity of adjusting his his/her complaint verbally or in writing. If any employee has a complaint. The grievor may have the assistance of a union xxxxxxx if he or , he/she so desires. Such complaint shall be discussed discuss it with his his/her immediate supervisor manager within nine five (95) calendar days after the circumstances giving rise to it the complaint have occurred or ought reasonably to have reasonably come to the attention of the employee and employee. The manager shall give his/her response to the complaint within five (5) days and, failing settlement within nine (9) calendar dayssettlement, it shall may be then be taken up as a grievance within nine five (95) calendar days following advice after being advised of his the immediate supervisormanager's decision in the following manner and sequence: If the employee wishes, he/she may go directly to step 1 of the grievance procedure without following the process outlined above. If an employee decides to go directly to step 1 he/she must file his/her grievance under step 1 within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee The employee, who may be accompanied by a request the assistance of his/her xxxxxxx, may submit present his/her grievance to his/her immediate manager. The grievance shall be in writing on a written grievance form approved by the Company and the Union. The grievance shall be signed by the employee to (designated by Hospital). The grievance and shall identify include the nature of the grievance and grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union and Failing settlement, the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will immediate manager shall deliver his his/her decision in writing within nine five (95) calendar days following the day on which presentation of the grievance was presented to him/her. Failing settlement or response, thenSettlement: Within nine five (95) calendar days after the decision in which Step #1 is given, the employee, who may request the assistance of the xxxxxxx, may submit the grievance in writing to his/her Human Resources Manager or his/her designate who shall deliver his/her decision in writing within five (5) days following the presentation of the grievance to him/her. Where an employee's immediate manager and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step No.1#2, the griever, who may have the assistance of the Union xxxxxxx, may submit the grievance may be submitted in writing to the (designated by Hospital)Store Manager or his/her designate. A meeting will then be held between the (designate) Store Manager or his/her designate and the Grievance Committee employee and the Union xxxxxxx. Such meeting shall be held within nine five (95) calendar days of the submission of the grievance at Step No. 2 #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Canadian Union of Public Employees and the grievor may shall be present at such meeting at the meeting. It is further understood request of either party and that the (designate) Company may also have such counsel and assistance as he it may desire at such meetingdesire. The decision of the Hospital Store Manager or his/her designate shall be delivered in writing within nine five (95) calendar days following the date of such meeting. 7.04 A complaint or 17.03 It is agreed that a policy grievance arising directly between the Hospital Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. 2 within fourteen (14) calendar days following #3 and the circumstances giving rise time limits set out with respect to the complaint or grievancestep shall appropriately apply. It is expressly understood, however, that the provisions of this Article section may not be used with respect to a grievance remedy directly affecting an employee which such employee could himself institute or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. 17.04 A claim by an employee who has completed his probationary his/her probation period that he he/she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Company at Step No. 2 #3 of the grievance procedure within seven five (75) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance grievance or Arbitration Procedure arbitration procedure by: (a) confirming the HospitalCompany's action in dismissing the employee; , or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital Employer shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union Union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.immediate 7.04 A complaint or grievance arising directly between the Hospital Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:has (a) confirming the HospitalEmployer's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital Employer deems it necessary to suspend or discharge an employee, the Hospital Employer shall notify the Union of such suspension or discharge in writing. The Hospital Employer agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (7.07 a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision under Step No. 1, the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No.1No. 2, the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or his designee. A meeting will then be held between the (designate) Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 3 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 7.5 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) 7.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 3, it will be deemed to have been received within the time limits. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44 (6) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply."

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement.01 This grievance procedure is not intended to preclude any discussion between Employees, Union representatives and Employer representatives. An Employee should discuss a complaint with her immediate supervisor before presenting a grievance is defined as a difference arising between through the parties relating authorized representative of the Alliance. The supervisor shall discuss the complaint with the Employee in an attempt to resolve the issue and may remind the Employee of her right to have an Alliance xxxxxxx or other authorized representative of the Alliance Company her during such discussion. .02 If any differences concerning the interpretation, application, administration operation or any alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At arise between the time formal discipline is imposed Employer and/or the Union, or at any stage of between the grievance procedure an employee shall have Employee(s) and the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar daysEmployer, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in processed according to the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital)procedure. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning Grievances involving the interpretation, application 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. In calculating time limits. All time limits shall be originated exclusive of 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 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 Employer fails to meet a time limit, the Union, at Step No. 2 within fourteen (14) calendar days following its option, may either advance the circumstances giving rise grievance to the complaint next step or grievanceawait the Employer’s response, in which case no time limit shall apply against the Union until it has received the Employer’s response. .06 Employee(s) upon request shall have the right to be represented at any step of the grievance procedure. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute The Employee(s) and the regular 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 shall not be thereby bypassedprocedure. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to .07 The Employer shall post the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention names and/or titles of the employee(s). The grievance shall then be treated as being initiated appropriate designated Employer representatives at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievanceits pre-flight briefing facility. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 . Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 . The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital hospital at Step No. 2 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) : confirming the Hospital's action in dismissing the employee; or (b) , or reinstating the employee with or without full compensation for the time lost; or (c) or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) . Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen calendar days after the decision under Step No. it will be deemed to have been received within the time limits.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Part Time Employment Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her their xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has they have first given his their immediate supervisor the opportunity of adjusting his their complaint. The grievor may have the assistance of a union xxxxxxx if he or she they so desiresdesire. Such complaint shall be discussed with his their immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his their immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his their decision in writing within nine (9) calendar days following the day on which the grievance was presented to himthem. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he they may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself themselves institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his their designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his their probationary period that he has they have been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his their probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairperson of the Arbitration Board. If they are unable to agree upon such a chairperson within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairperson. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairperson will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairperson of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Grievances shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor filed within nine thirty (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (930) calendar days of the submission date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Section 2. Time limits specified in this and the above- referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance at record. ―Filed‖ for purposes of Step No. 2 unless extended 1 through Step 4 grievances shall mean postmarked (dated by agreement meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the partiesbusiness day or actual receipt. It Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is understood and agreed that a representative due or received. If at any step of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeeprocedure, the Hospital shall notify Employer fails to issue a response within the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is givenspecified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be deemed considered withdrawn and it cannot be resubmitted. Grievance steps referred to have been abandonedin this Article may be waived by mutual agreement in writing. Where such a Such written request is postmarked within sixteenagreements shall become part of the grievance file. Section 3. When required by the Employer to investigate the grievance, any time spent by employee(s) to attend meetings during regular working hours, shall be considered as work time.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 9.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrablearbitral. 7.02 9.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have procedure, including the right upon request complaint stage, a nurse is entitled to the presence of his/be represented by her xxxxxxxor his union representative. In the case of suspension or discharge discharge, the Hospital Employer shall notify the employee nurse of this right in advance. The Employer also agrees, as a good labour relations practice, in most circumstances it will also notify the local Union. 7.03 9.03 All Grievances shall identify the specific provisions of the Collective Agreement alleged to have been breached and shall contain a concise statement of the facts giving rise to the grievance and a concise statement of the remedies sought. All grievances shall be filed in accordance with the procedure outlined in this Article, and on the prescribed Association form, which shall be appended to this Collective Agreement. 9.04 A Grievance of a Nurse properly arising under this Agreement shall be adjusted and settled as follows: It is the mutual desire intent of the parties hereto that complaints of employees nurses shall be adjusted as quickly as possible, and it is understood that an employee a nurse has no grievance until she or he has first given her or his immediate supervisor Leader/Director the opportunity of adjusting his the complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with her or his immediate supervisor within nine seven (97) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee nurse. This discussion may include consultation, advice and failing assistance from others. If there is no settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, nurse may submit a written grievance grievance, through the Union, signed by the employee nurse, to (designated by Hospital)the Leader/Director or designate. The grievance shall be on a form and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) Leader/Director or designate will deliver her or his decision in writing within nine (9) calendar days following the day on which the grievance was presented to her or him. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision in under Step No.1No. 1, the grievance may be submitted in writing to the (designated by Hospital)Executive Director or designate. A meeting will then be held between the (designate) Executive Director or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative representative(s) of the Canadian Ontario Nurses’ Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Executive Director or designate may have such counsel and assistance as she or he may desire at such meeting. The decision of the Hospital Employer shall be delivered in writing to the Labour Relations Officer and the local Union representative within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, In the event that an employee deems that a grievance cannot be resolved informally, then the following formal procedure shall be applied: (a) After having reviewed the matter verbally with his/her immediate supervisor, if the employee believes a formal grievance is defined as necessary, then she or he shall file a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage written statement of the grievance procedure an employee shall have the right upon request to the presence of with his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine twenty-one (921) calendar days after from the circumstances giving rise to it occurrence or from when the employee reasonably should have occurred or ought reasonably to have come had knowledge thereof. The supervisor shall respond to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within no later than fourteen (14) calendar days following after the circumstances giving rise grievance is received. If the employee has no immediate supervisor capable of resolving the grievance, the matter may be commenced through the Workgroup Supervisor as provided in Subsection (b). (b) If the grievance remains unresolved, the employee shall submit a written notice to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee Workgroup Supervisor within fourteen (14) calendar days after the circumstances giving rise immediate supervisor's reply including: (1) statement of the grievance and relevant facts; (2) specific provision(s) of the contract violated; and (3) remedy sought. The Workgroup Supervisor shall respond within fourteen (14) calendar days after receiving the employee’s written notice. If the employee has no Workgroup Supervisor capable of resolving the grievance, the matter may be commenced through the Director as provided in Subsection (c). (c) If the grievance remains unresolved, the employee shall submit the grievance to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 Director within seven fourteen (714) calendar days after the date Workgroup Supervisor’s reply. Within fourteen (14) calendar days of receiving the discharge grievance, said person or suspension is effected. Such special persons with authority shall respond to the grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspendIf the grievance remains unresolved, discharge an informal meeting on the matter may be arranged by mutual consent of the parties. Said meeting shall be held within fourteen (14) calendar days after said response is due, and may be attended by the employee, representatives of the Union, the immediate supervisor or otherwise discipline an employee who has completed his probationary periodWorkgroup Supervisor, without just causeDirector, any other representative of the Employer (e.g. Human Resource Director), and any other person deemed necessary for the proper resolution of the matter. (ad) Failing settlement under If the foregoing procedure grievance remains unresolved, the Union may submit the matter to the Board of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received County Commissioners within eighteen fourteen (1814) calendar days after the decision under Step Nomeeting is held, or if no meeting is held, then fourteen (14) calendar days after the response by the Director, or other authority. 2 Once the grievance is givensubmitted to the Board of Commissioners parties shall proceed in the following manner: (1) Within fourteen (14) calendar days of submission to the Board of County Commissioners, the grievance written position of the parties shall be deemed submitted to have been abandonedthe Board. (2) Upon submission of the written positions of the parties, the Board may affirm, modify or reverse the action or decision which is the subject of the grievance by written findings and order. Where such a The Board shall render its decision within fourteen (14) calendar days from the date of the last written request submission. (e) If the grievance remains unresolved, the Union may submit the matter to an arbitrator within fourteen (14) calendar days after the Board of County Commissioners decision in the following manner: (1) A list of seven (7) arbitrators referred by the State of Oregon Employment Relations Board shall be requested, and the parties shall alternately strike from the list until only one is postmarked left. The moving party shall strike the first name. The selection process shall be completed within sixteenseven

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 A. For purposes the purpose of this Agreement, a grievance is defined as a difference arising of opinion, controversy or dispute between the parties relating Agency and the Union, or between the Agency and any employee, concerning rates of pay, wages, hours of employment, or other conditions of employment, or concerning the interpretation or application of this Agreement, and which, in the instance of a difference of opinion, controversy or dispute between the Agency and any employee, is not settled or adjusted by the department supervisor to the interpretation, application, administration or alleged violation satisfaction of the Agreement including any question as employee concerned and the Union. The provisions of this Article shall not apply to whether a matter is arbitrablethe contents of performance evaluations of professional employees and program staff or to dismissals based on such performance evaluations. As to those matters, the decision of the Chief Executive Officer shall be final. 7.02 At B. The Agencies and the Union both acknowledge and agree that many workplace issues can be resolved through informal discussion and communication without the need to invoke the formal grievance procedure. Accordingly, the Union agrees that it shall direct its stewards and/or representatives to, whenever reasonably possible, informally raise and discuss with the Agency’s Head of Human Resources or that person’s designee any issue which might otherwise become a grievance, and the Agencies agree that the Heads of their Human Resources Departments or that person’s designee shall be reasonably available for such informal discussions and communications and shall, where further discussion of the issue might avoid the grievance, provide a written consent to extend the time formal discipline is imposed within which to file a Step One or at any stage Step Two grievance, as applicable, for fifteen (15) calendar days to pursue such resolution of the issue outside the grievance process. This will not restrict the filing of a grievance at the appropriate step. C. No settlement of any grievance or any arbitration award under this Article XXVI shall impose retroactivity beyond the date that the employee claiming to be aggrieved knew or should have known with the exercise of due diligence of the act, transaction, occurrence, event or omission giving rise to the grievance. D. All grievances over disciplinary action in excess of a first written warning, up to and including discharge, discharges resulting from performance deficiencies for those discharges that are not excluded from this grievance and arbitration procedure an under Paragraph A of this Article, and class-wide grievances may be filed at Step 2 of the procedure set forth in Paragraph E within the timeframe established for filing grievances at that step. All other grievances shall be lodged at Step 1 within the timeframe established for lodging grievances at that step. The parties may by mutual agreement decide to waive Step 1 and proceed to Step 2 in any grievance matter. E. The following procedure shall be applied and relied upon by both parties as the sole and exclusive means of seeking adjustment of and settling grievances: STEP 1 Any employee who has a grievance shall meet and discuss it with their supervisor and with their Xxxxxxx, if the employee requests to have the right upon request Xxxxxxx present, within fifteen (15) calendar days of the occurrence of the incident giving rise to the presence grievance. If the employee requests to have a Xxxxxxx present, a representative of his/her xxxxxxxthe Agency’s Human Resources Department shall be entitled to attend. In The supervisor or the case Human Resources Department representative who attended the Step 1 meeting shall provide the employee and the Xxxxxxx, if a Xxxxxxx was present at the Step 1 meeting of suspension or discharge their answer within fifteen (15) calendar days of the Hospital Step 1 meeting, and shall notify the Union representative assigned to the bargaining unit of the Step 1 answer by electronic mail on the day the supervisor makes their Step 1 decision. STEP 2 If the aggrieved employee desires to proceed beyond Step 1 of this right procedure, the grievance shall be presented in advance. 7.03 It is writing to the mutual desire Agency’s Head of Human Resources or a person designated by them within fifteen (15) calendar days of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaintsupervisor’s Step 1 answer. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine Within fifteen (915) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the a grievance at Step No2, the Agency and the Union representative assigned to the bargaining unit or their designee, will schedule a Step 2 meeting. 2 unless extended The meeting may be in person or by agreement telephone and attended by the Union representative, a Union Xxxxxxx or another Union designee, the grievant, the Agency’s Head of Human Resources, or their designee and no more than two (2) additional representatives of the partiesAgency. It The Head of Human STEP 3 If the grievance is understood not resolved at Step 2 and agreed that the Union demands arbitration, the Agency’s Head of Human Resources and the attorney for the Joint Personnel Committee, if the Agency requests, shall confer with a representative of the Canadian Union of Public Employees and who has full authority to settle the grievor may be present at the meeting. It is further understood that the grievance within twenty (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (920) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation in a good faith effort to negotiate a settlement of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understoodIf the grievance involves a discharge of an employee, howeverthe parties shall consider the following factors, that among others, in reducing the provisions of this Article may not be used with respect potential back pay to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled if the grievance were to grieve separately be upheld in arbitration: the amount of unemployment compensation benefits for which the employee is eligible if awarded such benefits, and in the case of an employee who has not applied or does not apply for unemployment compensation, the amount of such benefits the employee would have been awarded if they applied, because the Agencies are self-insured for unemployment compensation benefits; whether there are reasonably comparable jobs available in the market and whether the employee has diligently sought new employment; any interim earnings the employee has received since the termination but not including earnings the employee would’ve received regardless of their employment with the Agency; and an honest discussion of the strengths and weaknesses of the parties’ respective cases. STEP 4 Grievances unresolved at Step 3 of this procedure may present a group grievance be referred by the Union or the Agency to an impartial arbitrator for settlement. The request for arbitration must be in writing identifying each employee who is grieving or by email. A request for arbitration by the Union must be made to the Department Agency’s Head of Human Resources. A request for arbitration by the Agency must be made to the Union representative assigned to the bargaining unit or his designee within fourteen an employee specifically designated by the Union for receipt of such requests. The Union shall provide the Agencies with name and contact information for such designee. Any request for arbitration must be made no later than fifteen (1415) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at unsuccessful Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance3 conference. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 3 contracts

Samples: Memorandum of Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Section 1. The grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the City and its employees. Furthermore, the grievance procedure is to provide a 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 any provisions of this Agreement, any provisions of the personnel code, municipal ordinances, or filed for the purpose of getting an established policy, standard, or procedure changed. Section 2. The grievance is hereby jointly defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance, 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, if known, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is defined as sought. Step 1. Any employee having a difference arising between grievance, or his designated representative, which shall hereafter mean an ATU Local No. 1293 Executive Board Officer, shall first present the parties relating grievance orally to the interpretationemployee's section supervisor or his designated representative within five (5) working days after knowledge of its occurrence. The supervisor shall then attempt to adjust the matter and shall respond in writing, applicationto the employee or his designated representative, administration or alleged violation within five (5) working days from the date of the Agreement including any question as to whether a matter is arbitrablemeeting. 7.02 At Step 2. If satisfactory settlement is not reached under Step 1, the grievance shall be presented in writing by the employee, or his designated representative, to the Manager or his designated representative in writing within five (5) working days after the expiration of the time formal discipline limit set forth in Step 1 above. Step 3. If satisfactory settlement is imposed not reached under Step 2, the grievance shall be presented by the employee or at any stage his designated representative to the Director of Transportation/Utilities, within five (5) working days after the expiration of the time limit set forth in Step 2 above. Within ten (10) working days of the grievance procedure an employee being presented, the parties shall have hold a meeting to discuss the right upon request grievance. The Department Head shall issue a written decision to the presence employee or his designated representative within five (5) working days from the date of his/her xxxxxxxthe meeting. Step 4. In the case of suspension or discharge the Hospital shall notify If satisfactory settlement is not reached under Step 3, the employee of this right or his designated representative shall resubmit the grievance described in advanceStep 1 above within five (5) working days to the City Human Resources Director, or his designated representative, who shall conduct a general review and attempt to settle the grievance within five (5) working days in a written reply. 7.03 It Step 5. If satisfactory settlement is not reached under Step 4, the mutual desire employee or his designated representative may file notice of intention to arbitrate the parties hereto that complaints of employees shall be adjusted as quickly as possiblegrievance, and it if such notice is understood that an employee has no grievance until he has first given filed with the City Human Resources Director, or his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor designated representative, within nine ten (910) calendar working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention expiration of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision limit described in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties4 above. Section 4. It is understood and agreed that a representative written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the Canadian Union express purpose of Public Employees and the grievor may be present at the meetingcontractual provision in question. It is further 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 5. Upon receipt of notice of intent to arbitrate a grievance, the City, through its designated representative, and the employee or his designated representative shall meet within sixty (designate60) days and attempt to select an arbitrator by mutual agreement. Section 6. The arbitrator selected in accordance with the procedures of Section 5 of this Article shall have jurisdiction only to interpret, apply, or determine compliance with the express provisions of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms and provisions of this Agreement and he shall consider and render decisions upon only such issues as are directly raised by the written grievance taken to arbitration, which grievance shall not in any way be changed or amended after it is presented in accordance with the provisions of Sections 4 or 5 of this Article. The arbitrator may have such counsel and assistance interpret the express provisions of this Agreement, only insofar as he may desire it is necessary to the determination of the grievance at such meetingissue. Section 7. The decision of the Hospital arbitrator shall be delivered final and binding upon the parties to this Agreement, provided that the arbitrator shall make no award outside the scope of his authority outlined in writing within nine (9) calendar days following Section 6 of this Article, or effecting a change, modification, or addition to this Agreement, and shall confine himself strictly to the date of such meeting. 7.04 A complaint or grievance arising directly between facts submitted at the Hospital hearing, the evidence and stipulations before him, and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the express terms and provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassedAgreement. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitrationSection 8. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under initiated and prosecuted by the Grievance or Arbitration Procedure by: (a) confirming City with regard to actions sanctioned and approved by the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement Transit Union which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation are violations of this Agreement, including any question as to whether a matter is arbitrable, by the filing of such grievance may in writing with the designated representative of the Local No. 1293, Amalgamated Transit Union. Notice shall be submitted given by registered mail. Within thirty (30) days of the date of delivery of such grievance, the designated representative of the Transit Union, and the City, through its designated representative, shall arrange for a meeting in order to arbitration as hereinafter provideddiscuss the grievance. If no The designated representative of the Transit Union shall provide the City, or its designated representative, with a written request for arbitration is received answer to the grievance within eighteen five (185) calendar working days after the decision conclusion of such a meeting. If satisfactory settlement is not reached under Step No. 2 is giventhis procedure, the City may file a notice of its intention to arbitrate the grievance if such notice is filed with the designated employee representative within ten (10) working days after receipt of the Transit Union's answer as provided for in this Section. Selection, jurisdiction, and conclusiveness shall be deemed the same as set out in Sections 4, 5, 6, and 7, above. Section 9. Expenses for the arbitrator's services and the arbitration proceeding in all cases of arbitration shall be borne equally by the parties to have been abandonedthe arbitration, and each party shall be responsible for compensating its own representatives and witnesses and its cost incurred in presenting its case to the arbitrator. Section 10. Where such The time limits provided for in this Article shall be strictly construed and the failure of the Union, individual employee, or City to meet the time limits listed in this Article relative to resubmittal of the grievance or notice of intention to arbitrate shall constitute an unconditional acceptance of the remedy promulgated at the last step, or shall constitute a written request withdrawal of the grievance, whichever is postmarked within sixteenappropriate.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties. For purposes the purpose of this AgreementArticle, a grievance is defined as a as, and limited to, any dispute, difference arising between or controversy involving the interpretation and application of this Agreement. 2. Every effort will be made by the parties relating to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the interpretation, application, administration or alleged violation of next higher step in the Agreement including any question as to whether a matter is arbitrablegrievance procedure. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx3. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Grievances shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision presented in the following manner and sequencemanner: STEP 1: The employee, who may be accompanied by a xxxxxxx, may submit a written employee shall first take up their grievance signed by with the employee to Chief of Police within seven (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (97) calendar days of the submission occurrence of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed event(s) that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving gave rise to the complaint or grievance. It is expressly understood, howeveror, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after return to work from authorized leave, as the date the discharge or suspension is effectedcase may be. Such special The grievance may shall be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating reduced to writing and shall be discussed by and between the employee with (or without full compensation for representative of the time lost; or Association and employee) and the Chief of Police within ten (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (1810) calendar days of the presentation of the grievance. The Chief of Police, shall within ten (10) working days after such discussion (or such longer period of time as is mutually agreed upon), render his decision in writing, with a copy to the Association; STEP 2: In the event the employee is not satisfied with the disposition of the grievance at Step 1, he shall have the right to appeal the Chief of Police's decision under Step Noby serving the City Manager within seven (7) calendar days of the date of issuance of the Chief of Police's written decision. 2 is givenSuch appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee, or, at the employee's option, the grievance shall representative of the Association, requesting that the Chief of Police's decision be deemed reversed or modified. The City Manager shall, within fifteen (15) working days of the appeal (or some longer period of time as is mutually agreed upon) render a decision in writing with a copy to have been abandoned. Where such a written request is postmarked within sixteenthe Association.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Section 1. The grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the City and its employees. Furthermore, the grievance procedure is to provide a 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 any provisions of this Agreement, any provisions of the personnel code, municipal ordinances, or filed for the purpose of getting an established policy, standard, or procedure changed. Section 2. The grievance is hereby jointly defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance, 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, if known, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is defined as sought. Step 1. Any employee having a difference arising between grievance, or his designated representative, which shall hereafter mean an ATU Local No. 1293 Executive Board Officer, shall first present the parties relating grievance orally to the interpretationemployee's section supervisor or his designated representative within five (5) working days after knowledge of its occurrence. The supervisor shall then attempt to adjust the matter and shall respond in writing, applicationto the employee or his designated representative, administration or alleged violation within five (5) working days from the date of the Agreement including any question as to whether a matter is arbitrablemeeting. 7.02 At the time formal discipline Step 2. If satisfactory settlement is imposed or at any stage of not reached under Step 1, the grievance procedure an employee shall have be presented in writing by the right upon request employee, or his designated representative, to the presence of his/her xxxxxxx. In the case of suspension Manager or discharge the Hospital shall notify the employee of this right his designated representative in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor writing within nine five (95) calendar working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention expiration of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision time limit set forth in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital)Step 1 above. The grievance shall identify the nature of When the grievance and is presented, the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at parties shall agree upon a meeting time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, order that the grievance may be submitted in writing fully discussed by the parties involved. Step 3. If satisfactory settlement is not reached under Step 2, the grievance shall be presented by the employee or his designated representative to the Director of Public Works/Utilities, within five (designated by Hospital)5) working days after the expiration of the time limit set forth in Step 2 above. A meeting will then be held between the Within ten (designate10) and the Grievance Committee within nine (9) calendar working days of the submission grievance being presented, the parties shall hold a meeting to discuss the grievance. The Department Head shall issue a written decision to the Step 4. If satisfactory settlement is not reached under Step 3, the employee or his designated representative shall resubmit the grievance described in Step 1 above within five (5) working days to the City Personnel Director, or his designated representative, who shall conduct a general review and attempt to settle the grievance within five (5) working days in a written reply. Step 5. If satisfactory settlement is not reached under Step 4, the employee or his designated representative may file notice of intention to arbitrate the grievance, if such notice is filed with the City Personnel Director, or his designated representative, within ten (10) working days after the expiration of the grievance at time limit described in Step No. 2 unless extended by agreement of the parties4 above. Section 4. It is understood and agreed that a representative written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the Canadian Union express purpose of Public Employees and the grievor may be present at the meetingcontractual provision in question. It is further 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 5. Upon receipt of notice of intent to arbitrate a grievance, the City, through its designated representative, and the employee or his designated representative shall meet within sixty (designate60) days and attempt to select an arbitrator by mutual agreement. If the parties are unable to select an arbitrator by this method, either party may address a letter to the American Arbitration Association requesting a list of five (5) qualified arbitrators. The letter to the American Arbitration Association shall be sent within fifteen (15) days from the expiration of the sixty (60) day time period allowed the parties to mutually agree upon selection of an arbitrator as provided herein. The failure to send the letter within the fifteen (15) day time period provided shall constitute an unconditional withdrawal of the grievance and preclude a subsequent refiling of notice of intent to arbitrate the same grievance. Upon receipt of the list of arbitrators, the parties will meet and strike names within thirty (30) days in accordance with the procedure outlined in this section. Failure of either party to meet and strike names shall result in a decision favorable to the other party. The party filing the notice of intent to arbitrate shall first strike a name from the list and the other party shall then also strike a name from the list until the remaining member of the panel submitted is chosen as arbitrator. The arbitrator chosen shall promptly schedule a hearing on the merits of the grievance at issue, unless the parties agree to another procedure, and shall thereafter promptly submit a decision resolving the dispute. Section 6. The arbitrator selected in accordance with the procedures of Section 5 of this Article shall have jurisdiction only to interpret, apply, or determine compliance with the express provisions of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms and provisions of this Agreement and he shall consider and render decisions upon only such counsel and assistance issues as he are directly raised by the written grievance taken to arbitration, which grievance shall not in any way be changed or amended after it is presented in accordance with the provisions of Sections 4 or 5 of this Article. The arbitrator may desire interpret the express provisions of this Agreement, only insofar as it is necessary to the determination of the grievance at such meetingissue. Section 7. The decision of the Hospital arbitrator shall be delivered final and binding upon the parties to this Agreement, provided that the arbitrator shall make no award outside the scope of his authority outlined in writing within nine (9) calendar days following Section 6 of this Article, or effecting a change, modification, or addition to this Agreement, and shall confine himself strictly to the date of such meeting. 7.04 A complaint or grievance arising directly between facts submitted at the Hospital hearing, the evidence and stipulations before him, and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the express terms and provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassedAgreement. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitrationSection 8. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under initiated and prosecuted by the Grievance or Arbitration Procedure by: (a) confirming City with regard to actions sanctioned and approved by the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement Transit Union which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation are violations of this Agreement, including any question as to whether a matter is arbitrable, by the filing of such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after in writing with the decision under Step designated representative of the Local No. 2 is given1293, Amalgamated Transit Union. Notice shall be given by registered mail. Within thirty (30) days of the date of delivery of such grievance, the grievance designated representative of the Transit Union, and the City, through its designated representative, shall be deemed arrange for a meeting in order to have been abandoneddiscuss the grievance. Where such The designated representative of the Transit Union shall provide the City, or its designated representative, with a written request is postmarked answer to the grievance within sixteenfive

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, ‌ In the event that an employee deems that a grievance cannot be resolved informally, then the following formal procedure shall be applied: (a) After having reviewed the matter verbally with his/her immediate supervisor, if the employee believes a formal grievance is defined as necessary, then she or he shall file a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage written statement of the grievance procedure an employee shall have the right upon request to the presence of with his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine twenty-one (921) calendar days after from the circumstances giving rise to it occurrence or from when the employee reasonably should have occurred or ought reasonably to have come had knowledge thereof. The supervisor shall respond to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within no later than fourteen (14) calendar days following after the circumstances giving rise grievance is received. If the employee has no immediate supervisor capable of resolving the grievance, the matter may be commenced through the Workgroup Supervisor as provided in Subsection (b). (b) If the grievance remains unresolved, the employee shall submit a written notice to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee Workgroup Supervisor within fourteen (14) calendar days after the circumstances giving rise immediate supervisor's reply including: (1) statement of the grievance and relevant facts; (2) specific provision(s) of the contract violated; and (3) remedy sought. The Workgroup Supervisor shall respond within fourteen (14) calendar days after receiving the employee’s written notice. If the employee has no Workgroup Supervisor capable of resolving the grievance, the matter may be commenced through the Director as provided in Subsection (c). (c) If the grievance remains unresolved, the employee shall submit the grievance to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 Director within seven fourteen (714) calendar days after the date Workgroup Supervisor’s reply. Within fourteen (14) calendar days of receiving the discharge grievance, said person or suspension is effected. Such special persons with authority shall respond to the grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspendIf the grievance remains unresolved, discharge an informal meeting on the matter may be arranged by mutual consent of the parties. Said meeting shall be held within fourteen (14) calendar days after said response is due, and may be attended by the employee, representatives of the Union, the immediate supervisor or otherwise discipline an employee who has completed his probationary periodWorkgroup Supervisor, without just causeDirector, any other representative of the Employer (e.g. Human Resource Director), and any other person deemed necessary for the proper resolution of the matter. (ad) Failing settlement under If the foregoing procedure grievance remains unresolved, the Union may submit the matter to the Board of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received County Commissioners within eighteen fourteen (1814) calendar days after the decision under Step Nomeeting is held, or if no meeting is held, then fourteen (14) calendar days after the response by the Director, or other authority. 2 is given, Once the grievance is submitted to the Board of Commissioners parties shall be deemed to have been abandoned. Where such a written request is postmarked within sixteenproceed in the following manner:

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, 9.01 An Employee who has a grievance is defined as a difference arising between the parties complaint relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At may discuss the time formal discipline is imposed or at any stage of complaint with the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desiresSupervisor. Such a complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come brought to the attention of the employee and failing settlement immediate Supervisor within nine twenty (920) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice after the Employee becomes aware or should have been aware of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint. The Employee and immediate Supervisor shall complete their informal discussions within five (5) days. Failing resolution of the complaint or grievanceby informal discussion, the Employee may request the Union to lodge a grievance as provided for herein. It is expressly understoodThe Union shall commit the grievance to writing, however, that setting out the facts of the grievance together with the provisions of this Article may not the Agreement claimed to have been violated and indicate the relief sought. The signed grievance shall be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving sent to the Department Head or his designee Superintendent of the appropriate department within fourteen twenty (1420) calendar days after of the Employee becoming aware of the circumstances giving rise to the grievance have occurred if the informal discussion stage is not utilized or ought reasonably to have come ten (10) days after the informal discussion stage has been completed. The Superintendent or designate will meet jointly with the grievor and the Union Representative(s) within fifteen (15) days of receipt of the grievance. The Superintendent or designate shall forward a written decision to the attention Bargaining Unit Representative within fifteen (15) days of the employee(s)date on which the grievance meeting was held. The grievance shall then be treated as being initiated If no settlement is reached at Step No. 2 and One, the applicable provisions Union may, within ten (10) days of this Article shall then apply with respect receipt of the written reply of the Superintendent of the appropriate department or designate, refer the matter to the processing Executive Superintendent of such grievance. 7.06 The release Human Resource Services or discharge of an employee during designate. If referred to a designate, the probationary period designate shall not be the subject of a grievance or arbitration. A claim by an employee same individual who has completed his probationary period that he has been unjustly discharged or suspended shall be treated may have acted as a grievance if a written statement designate under Step One. The Executive Superintendent of such grievance is lodged by the employee Human Resource Services or designate shall meet with the Hospital at Step No. 2 Union Representative(s) within seven ten (710) calendar days after of receipt of the date written request to discuss and endeavour to solve the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writingproblem. The Hospital agrees that it will not suspend, discharge Executive Superintendent of Human Resource Services or otherwise discipline an employee who has completed his probationary period, without just cause. designate shall answer the grievance in writing within fifteen (a15) Failing settlement under days of the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter providedmeeting. If no written request for arbitration settlement is received within eighteen (18) calendar days after the decision under Step No. 2 is givenreached, the Union may submit the grievance shall be deemed to have been abandoned. Where such a written request is postmarked arbitration within sixteentwenty (20) days of receipt of the response.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital Health Centre shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by HospitalHealth Centre). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital Health Centre may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by HospitalHealth Centre). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteennine

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes 13 .1 Should any differences or disputes arise over the interpretation o f, application or compliance with the terms or provisions of this Agreement, there shall be an xxxxxxx effort on the part of both parties to resolve such differences ("grievance") promptly through the following steps. Employer grievances begin at Step 2 (below) by the Employer notifying the Union's Representative, who shall be responsible for providing the responses required under this procedure. 13.1.1 Step 1 Employees shall immediately first informally discuss grievances with their immediate supervisor. A xxxxxxx/leader may accompany the aggrieved Employee, ifhe or she requests. 13.1.2 Step 2 If a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right not resolved in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar daysStep 1, it shall then be taken up as reduced to writing on a mutually acceptable grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner form and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may must be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 Employer' s Administrator/Designee within fourteen (14) calendar business days following of the circumstances giving rise to action or event which precipitated the complaint or grievance. It is expressly understood, however, that the Grievances regarding wage provisions of this Article may not Agreement shall be used with respect to a grievance directly affecting an employee which such employee could himself institute and timely if submitted within thirty (30) business days after the regular grievance procedure pay day of the period in which the alleged violation occurred. Grievances relating to disciplinary actions or discharges shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving timely if submitted to the Department Head Employer within seven (7) business days of notice of the disciplinary action or his designee discharge. The Employer's Administrator/Designee shall meet with the Union's Representative or Designee in an attempt to resolve the grievance within fourteen (14) calendar business days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s)receipt of a written grievance. The grievance Employer or Union shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteenfifteen

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question questions as to whether a matter is arbitrable. For the purpose of this Article, reference to “days” relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 8.02 Step 1 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that . If an employee has no a complaint, the employee and his Xxxxxxx may present his grievance until he has first given to his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint and such grievance shall be discussed with his immediate supervisor presented within nine ten (910) calendar days after the circumstances giving rise to it the complaint have occurred or ought reasonably to have reasonably come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify be in writing and shall include the nature of the grievance and grievance, the remedy sought and should identify and, where possible, the provisions of the Agreement which are alleged to be have been violated. The Union and supervisor shall give his response to the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The complaint within ten (designate10) will deliver his decision in writing within nine days. 8.03 Step 2 Within five (95) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following after the decision in Step No.11, the Union may submit the grievance may be submitted in writing to the (designated by Hospital)Director of Education or designate. A meeting will then be held between the Director of Education or designate, the grievor and xxxxxxx. Such meeting shall be held within ten (designate10) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by written agreement of the parties. Such meeting may be held in person, at a location agreed upon by parties, or where no such agreement is reached, by teleconference. It is understood and agreed that a staff representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood such meeting and that the (designate) Board may also have such counsel and assistance as he it may desire at such meetingdesire. The decision of the Hospital Director of Education or designate, shall be delivered in writing to the Union and the grievor within nine ten (910) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement . The parties hereby agree that recording devices shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend person at any meeting, whether in person or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just causeby teleconference. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. 8.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrabletheAgreement. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 (a) It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has they have first given his their immediate supervisor the opportunity of adjusting his their complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his their immediate supervisor within nine (9) calendar days after from the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the employee and failing grievance. Failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within the nine (9) calendar days following advice of his their immediate supervisor's ’s decision in the following manner and sequence: : (b) The employeeemployee must submit the grievance through the Local Union, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the grievor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate, with a copy to the immediate supervisor. The employee to (designated may be accompanied, if they so desire, by Hospital)their union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . (c) The Union and the Hospital may, if they so desire, meet parties will have a period of up to discuss the grievance at a time and place suitable to both parties. The thirty (designate) will deliver his decision in writing within nine (930) calendar days following from the day on which date the grievance was presented is filed to him. Failing settlement or responseattempt to resolve the grievance, then: Within nine and in any case, to provide the Union with a formal written response setting out the Hospital’s position on the matter. (9d) calendar days following During the decision in Step No.1thirty (30) day resolution period referred to above, the grievance may be submitted parties will attempt to resolve the matter(s) in writing dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the meeting(s) shall include the Union Grievance Committee. (e) Prior to the (designated by Hospitalinitial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting(s). A In determining a date for the meeting the parties will consider: (i) the time needed for research, consultation and preparation for the meeting(s) and, (ii) the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will then be held between generally take place during the middle ten (designate10) and the Grievance Committee within nine (9) calendar days of the submission thirty (30) day period. (f) In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. (g) If the parties are unable to resolve the grievance, the Hospital will provide the Union with a written response to the grievance by the end of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the thirtieth (designate30th) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days day following the date of such meetingthe filing of the grievance. 7.04 A complaint or grievance arising directly between the Hospital and the (h) The Union concerning the interpretation, application or alleged violation will then have a period of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days from the date of the Hospital’s response to determine if the response is acceptable, or will refer the matter to arbitration. (i) If the grievance is filed by the Hospital, the Union will provide a response by the end of the thirtieth (30th) day following the circumstances giving rise to date the complaint or grievancegrievance was filed. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees The Hospital will have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after from the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention date of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect Union’s response to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance determine if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge accept the Union’s response or otherwise discipline an employee who has completed his probationary period, without just causewill refer the matter to arbitration. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question questions as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed imposed, or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassedbypassed exception made of individual grievances in the matter of appointments made under the provisions of article 9.05. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head Director, Labour Relations or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date of the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreementagreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Letter of Understanding

GRIEVANCE AND ARBITRATION PROCEDURE. ‌‌ 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a Any grievance is defined as a difference arising or dispute which may arise between the parties relating to concerning the interpretation, application, administration meaning or interpretation of this Agreement shall be settled in the following manner: Any employee having a grievance shall first take up the matter with his immediate supervisor informally within ten (10) working days following the alleged contract violation or it shall be considered invalid. The Union Xxxxxxx may be present, if so requested by the employee. The Supervisor shall have a maximum of ten (10) working days to resolve the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee issue. The Union shall have the right upon request to initiate a grievance on its behalf at the presence second step of his/her xxxxxxxthis grievance procedure for disagreements which cannot be resolved by the individual employee procedure. STEP 1. In the case of suspension or discharge event the Hospital shall notify grievance is not resolved informally, the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees grievance shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify and union representative and presented in writing specifying the nature of the grievance Article and the remedy sought and should identify the provisions Section of the Agreement from which are the alleged grievance arises, to be violatedthe immediate Supervisor of Maintenance within ten (10) working days following the Supervisor's informal disposition or lack of same. The Union Supervisor shall attempt to adjust the matter and shall respond to the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision representative or employee in writing within nine ten (910) calendar days following the day on which working days. STEP 2. If the grievance was still remains unresolved it shall be presented by the Union Representative or Union Grievance Committee to him. Failing settlement the Superintendent of Schools or response, then: Within nine (9) calendar days following the decision his/ her designee in writing as in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 1 within seven (7) calendar working days after response of the Supervisor is due. Either party may request and shall be granted a meeting at Step 2. The grievant, grievance committee and representative of MEA may attend meetings at Step 2. The superintendent or his/her designee shall attempt to adjust the matter and shall respond in writing to the Union Xxxxxxx, Union Representative, or Grievance Committee, with a copy of the response to the Local President within fifteen (15) working days. STEP 3. If the grievance is still unsettled, the Union may, within fifteen (15) working days after the date Superintendent’s response is due, by written notice to the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeeparty, the Hospital shall notify the Union of such suspension or discharge in writingrequest arbitration. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. parties shall attempt to mutually agree upon the arbitrator within fifteen (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (1815) calendar days after notice has been received. If the decision under Step No. 2 is given, the grievance shall be deemed parties are unable to have been abandoned. Where such a written request is postmarked mutually agree upon an arbitrator within sixteenfifteen (15) calendar

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure procedure, including the complaint stage, an employee shall have the right upon request is entitled to the presence of his/be represented by her xxxxxxxemployee representative. In the case cases of suspension or discharge discharge, the Hospital Home shall notify the employee of this right in advance. 7.03 8.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he she has first given his her immediate supervisor the opportunity of adjusting his her complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within the Director of Nursing nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision days, it shall be then taken up as a grievance in the following manner and sequence: The employeeWithin nine (9) calendar days of its receipt of the answer at its complaint stage, who may be accompanied by a xxxxxxx, the employee may submit a written grievance signed by the employee to (designated by Hospital)the D.O.N. or designate. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement Agreement, which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) Director of Nursing or designate will deliver his her decision in writing within nine (9) calendar days following the day on which the grievance was presented to himher. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision in under Step No.1No. 1, the employee may submit the written grievance may be submitted in writing to the (designated by Hospital)Administrator or her designate. A meeting will then be held between the (designate) Administrator or her designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees Ontario Nurses' Association and the grievor may be present at the meeting. It is further understood that the (designate) Administrator or her designate may have such counsel and assistance as he she may desire at such meeting. The decision of the Hospital Administrator shall be delivered in writing within nine (9) calendar days following the date of such meeting. A copy of the second step grievance reply will be provided to the Labour Relations Officer. 7.04 8.04 A complaint or grievance arising directly between the Hospital Home and the Union Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that A grievance by the provisions of this Article may not Employer shall be used filed with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassedBargaining Unit President or her designate. 7.05 8.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head Director of Nursing or his designee her designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) 8.06 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this the Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter herein under provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteenthirty

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 17.01 For purposes of this the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 17.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he he/she has first given his his/her immediate supervisor manager the opportunity of adjusting his his/her complaint verbally or in writing. If any employee has a complaint. The grievor may have the assistance of a union xxxxxxx if he or , he/she so desires. Such complaint shall be discussed discuss it with his his/her immediate supervisor manager within nine five (95) calendar days after the circumstances giving rise to it the complaint have occurred or ought reasonably to have reasonably come to the attention of the employee and employee. The manager shall give his/her response to the complaint within five (5) days and, failing settlement within nine (9) calendar dayssettlement, it shall may be then be taken up as a grievance within nine five (95) calendar days following advice after being advised of his the immediate supervisormanager's decision in the following manner and sequence: If the employee wishes, he/she may go directly to step 1 of the grievance procedure without following the process outlined above. If an employee decides to go directly to step 1 he/she must file his/her grievance under step 1 within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee The employee, who may be accompanied by a with the assistance of his/her xxxxxxx, may submit shall present his/her grievance to his/her immediate manager. The grievance shall be in writing on a written grievance form approved by the Company and the Union. The grievance shall be signed by the employee to (designated by Hospital). The grievance and shall identify include the nature of the grievance and grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union and Failing settlement, the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will immediate manager shall deliver his his/her decision in writing within nine five (95) calendar days following the day on which presentation of the grievance was presented to him/her. Failing settlement or response, thenSettlement: Within nine five (95) calendar days after the decision in which Step #1 is given, the Union may submit the grievance in writing to his/her Human Resources Manager or his/her designate who shall deliver his/her decision in writing within five (5) days following the presentation of the grievance to him/her. Where an employee's immediate manager and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step No.1#2, the Union may submit the grievance may be submitted in writing to the (designated by Hospital)Store Manager or his/her designate. A meeting will then be held between the (designate) Store Manager or his/her designate and the Grievance Committee employee and the Union xxxxxxx. Such meeting shall be held within nine five (95) calendar days of the submission of the grievance at Step No. 2 #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Canadian Union of Public Employees and the grievor may shall be present at such meeting at the meeting. It is further understood request of either party and that the (designate) Company may also have such counsel and assistance as he it may desire at such meetingdesire. The decision of the Hospital Store Manager or his/her designate shall be delivered in writing within nine five (95) calendar days following the date of such meeting. 7.04 A complaint or 17.03 It is agreed that a policy grievance arising directly between the Hospital Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. 2 within fourteen (14) calendar days following #3 and the circumstances giving rise time limits set out with respect to the complaint or grievancestep shall appropriately apply. It is expressly understood, however, that the provisions of this Article section may not be used with respect to a grievance remedy directly affecting an employee which such employee could himself institute or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. 17.04 A claim by an employee who has completed his probationary his/her probation period that he he/she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Company at Step No. 2 #3 of the grievance procedure within seven five (75) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance grievance or Arbitration Procedure arbitration procedure by: (a) confirming the HospitalCompany's action in dismissing the employee; , or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 11.01 For purposes the purpose of this the Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 11.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has there is no grievance until he the employee with the concurrence of the bargaining unit has first given his immediate supervisor discussed the issue with the Supervisor and the Supervisor has had the opportunity of adjusting his the complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his his/her immediate supervisor within nine ten (910) calendar working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing union. Failing settlement within nine five (95) calendar working days, it shall the complaint may then be taken up as a grievance within nine ten (910) calendar working days following advice of his his/her immediate supervisor's ’s decision in the following manner and sequence: : Step 1 The employee, who may be accompanied by a xxxxxxx, bargaining unit may submit a written grievance signed by the employee grievance officer and in accordance with Article 11.03 (a) to (designated by Hospital)the Manager of Human Resources or designate. The grievance shall identify Manager of Human Resources will deliver his/her decision in writing within five (5) working days following the nature of day on which the grievance and was presented to him/her. Failing settlement, then: Within five (5) working days following the remedy sought and should identify decision under Step No. 1, the provisions Union may submit the written grievance to the Executive Manager of the Agreement which are alleged to be violatedHuman Resources, or designate. The Union and Executive Manager of Human Resources shall deliver his/her decision in writing within five (5) working days from the Hospital date on which the written grievance was presented to him/her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx Union Xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming Confirming the Hospital's action in dismissing the employee; or (b) reinstating Reinstating the employee with or without full compensation for the time lost; or (c) by By any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of 8.01 The parties to this Agreement, a grievance Agreement believe that it is defined important to respond to complaints and grievances as a difference arising quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Manager promptly following the issue giving rise to the complaint. 8.02 Should any dispute arise between the parties relating 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 the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee provisions of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Agreement, such dispute shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come brought to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up other party as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following or when the circumstances employee ought to have reasonably become aware of the issue giving rise to the complaint or 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 expressly understood, however, understood that the provisions 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 Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and form for the regular grievance procedure shall not be thereby bypassedsubmission of grievances. 7.05 Where 8.03 Once a number of employees complaint is initiated, the parties shall have identical grievances a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the issue and each employee would be attempt to arrive at a resolution. In addition to the union representative, the Union’s Labour Relations Officer is entitled to grieve separately they attend such meetings. 8.04 (a) If, after the end of such forty (40) calendar day period, the issue has not been resolved, either party may present a group grievance in writing identifying each employee who is grieving to inform the Department Head or his designee other party within fourteen (14) calendar days after of its written intent to forward the circumstances giving rise matter to arbitration. Such notice shall contain the grievance have occurred or ought reasonably to have come to the attention name of the employee(s)first party’s recommended Sole Arbitrator. The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of Where such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance notice is lodged by the employee with the Hospital at Step No. 2 post- marked within seven (7) twelve calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: above forty (a40) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeecalendar day period, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandonedreceived within the time limits. Where such a written The recipient of the notice shall, within ten (10) 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 Arbitrator shall be made by the Minister of Labour for Ontario upon the request is postmarked within sixteenof either party.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 9.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 9.02 At the time formal discipline is imposed or at any stage of the grievance procedure procedure, including the complaint stage, an employee shall have the right upon request Employee is entitled to the presence of his/her xxxxxxxbe represented by a local Hospital Union representative, if available. In the case of suspension or discharge the Hospital shall notify the employee of this right in advanceRepresentation may be provided via teleconference. 7.03 9.03 It is the mutual desire of the parties hereto that complaints of employees Employees shall be adjusted as quickly as possible, and it is understood that an employee Employee has no grievance until he she has first given his her immediate supervisor Supervisor the opportunity of adjusting his responding to the complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his her immediate supervisor Supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing Employee. Failing settlement of the complaint within nine (9) calendar daysdays of being so discussed with the immediate Supervisor, it shall may then be taken up as a written grievance at Step No. 1, within nine (9) calendar days following advice the date on which the Employee has been advised of his immediate supervisor's decision in the Supervisor’s decision, or failing any reply it may then be taken up as a written grievance at Step No. 1 within a period of fourteen (14) calendar days following manner and sequence: the initial complaint. Step No. 1 The employeeEmployee, who may be accompanied by with the assistance of a xxxxxxxUnion representative, if available, may submit a written grievance grievance, signed by her, to the employee to (designated by Hospital)Manager. The grievance shall identify the nature of the grievance and grievance, the remedy sought and should identify the provisions section or sections of the Agreement Agreement, which are alleged alleged, to have been violated shall be violatedset out in the grievance. The Union and the Hospital parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) Manager will deliver his their decision in writing within nine (9) calendar days following the day on which the grievance was presented to himher (or any longer period which may be mutually agreed). Failing settlement or responsesettlement, then: the next step in the grievance procedure may be taken. Step No. 2 Within nine (9) calendar days following the decision in under Step No.1No. 1, the Employee, with the assistance of a Union representative, if available, may submit the written grievance may be submitted in writing to the (Hospital’s designated by Hospital)Hospital Representative for Step 2. A meeting will then be held between the (designate) and the Grievance Committee held, within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties, between the Hospital’s Management Representatives and up to two (2) Institute xxxxxxx and/or representatives. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor Grievor may be present at the attend this meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The A decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 9.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following from the time that the circumstances giving rise to the complaint or grievance. It is expressly understoodgrievance were known or should have been known to the Union or the Hospital, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure process shall not be thereby bypassedapply, with any necessary modifications, to the Union policy grievance or the Hospital grievance, as the case may be. A member of the Hospital’s Union Executive and/or a Union Staff Representative shall sign a Union policy grievance. 7.05 9.05 Where a number of employees Employees in the Hospital have identical grievances and each employee Employee would be entitled to grieve separately separately, they may present a group grievance in writing identifying signed by each employee Employee who is grieving to the Department Head Manager responsible for their department, or his designee alternate, within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred were known or ought reasonably to have come been known to the attention of the employee(s)Employees. The grievance shall then be treated treated, as being initiated at Step No. 2 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 9.06 The release or discharge of an employee during a probationary Employee for reasons based on performance and ability to do the probationary period job, including skills, suitability and availability shall not be subject to the subject grievance procedure unless the probationary Employee is released for: (a) reasons which are arbitrary, discriminatory or in bad faith; (b) exercising a right under this Agreement. The Hospital agrees to provide written reasons for the release of a grievance or arbitrationprobationary Employee within seven (7) days of such release. A claim by the Union that a probationary Employee has been unjustly released shall be treated as a grievance, provided the Employee is entitled to grieve, if a written statement of such grievance is lodged by the Employee with the designated Hospital Representative at Step No. 2 within seven (7) days after the date the release is affected. Such a grievance shall be treated as a special grievance as set out below. The Hospital agrees to provide written reasons within seven (7) calendar days to the affected Employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee Employee who has completed his her probationary period period, without just cause. A claim by the Union that he an Employee, who has completed her probationary period, has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the designated Hospital Representative at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (ai) confirming the Hospital's ’s action in dismissing the employeeEmployee; or (bii) reinstating the employee Employee with or without loss of seniority and with or without full compensation for the time lost; or (ciii) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) 9.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen fourteen (1814) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. 9.08 Either party may notify the other party in writing of its desire to submit the grievance to arbitration. Upon receipt of the notice, the other party shall acknowledge receipt in writing. Both parties shall then endeavour to select an impartial arbitrator to hear and resolve the grievance. Should the parties be unable to agree on an arbitrator within fourteen (14) calendar days after receipt of the request, either party may then request the Ministry of Labour for the Province of Ontario to appoint a sole arbitrator. 9.09 Upon mutual agreement of the parties in writing, an Arbitration Board composed of one nominee from each party and a Chairperson appointed by the nominees may be substituted for a sole arbitrator. The time limits and procedures set out in Clauses 9.06 and 9.07 shall apply to the appointment of nominees and the Chairperson. Each party will pay the fees and expenses, if any, of its own nominee and shall share equally the fees and expenses, if any, of the Chairperson. 9.10 The arbitrator shall hear and determine the grievance. The decision of the arbitrator shall be final and binding upon the parties and upon the Employee(s) affected by it. 9.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.12 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement 9.13 Each of the parties hereto will share equally the fees and expenses, if any, of the arbitrator. 9.14 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned. 9.15 The parties may agree to waive or extend any of the time limits established in the grievance and arbitration procedures. 9.16 No matter may be submitted to arbitration, which has not been properly carried through the grievance procedure within the times specified, provided that the parties may extend the time limits in the grievance procedure by mutual agreement in writing. Where such a written request response is postmarked not given by a party within sixteenthe specified time limit in the grievance procedure, the other party may submit the grievance to the next step of the grievance procedure. 9.17 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the Employees. 9.18 Paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any step of the Grievance or Arbitration Procedures where the reference is calendar days.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes 14.01 A grievance shall be a difference of the interpretation of this Agreement or an alleged violation concerning the meaning, application, or administration of this Agreement, . Every grievance shall be subject to the grievance and arbitration procedure set out in this Article. Step 1 When a Nurse has a grievance is defined as a difference arising between the parties relating to the interpretationthey may, application, administration or alleged violation within seven (7) working days of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed discovery or at any stage occurrence of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances incident giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar daysgrievance, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to first discuss the grievance at a time and place suitable with their immediate management supervisor who shall provide them with an answer within seven (7) working days. Step 2 Should the verbal answer given by the immediate management supervisor not be acceptable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1grievor, the grievance may shall be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days head of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 nursing department within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writingworking days. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just causehead of the nursing department shall give a decision in writing within seven (7) working days of receipt of the grievance. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. Step 3 If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 of the head of the nursing department is givennot acceptable to the grievor, the grievance shall be deemed referred to have been abandonedthe Union; and, if supported by the Union, shall be referred to the Administrator or designate within seven (7) working days of the receipt of the grievance. Where The General Manager or designate shall convene a meeting as soon as reasonably possible with the Union if requested to do so by either party. The Administrator or designate shall reply in writing within seven (7) working days of such a written request meeting. If the decision of the General Manager or designate is postmarked not acceptable to the Union, the Union shall notify the Administrator or designate in writing within sixteenfifteen (15) working days that the grievance will be proceeding to arbitration. 14.02 For the purpose of Article 14, “working day” excludes Saturday, Sunday and Holidays.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he the employee has first given his immediate supervisor his/her manager or designate the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor his/her manager or designate within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's the manager’s decision in the following manner and sequence: : Step 1 The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his/her manager or designate. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) manager or designate will deliver his a decision in writing within nine (9) calendar days following the day on which the grievance was presented to himpresented. Failing settlement or responsesettlement, then: : Step 2 Within nine (9) calendar days following the decision in Step No.11, the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or designate. A meeting will then be held between the (designate) Hospital Administrator or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 1 unless extended by agreement of the parties. It is understood and agreed that a representative Representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator or designate may have such counsel and assistance as he he/she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated as a policy grievance at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head manager or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his the probationary period that he he/she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effectedaffected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) a. confirming the Hospital's ’s action in dismissing the employee; or (b) b. reinstating the employee with or without full compensation for the time lost; or (c) c. by any other arrangement which may be deemed just and equitable. Wherever Whenever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The , the Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his the probationary period, without just cause. (a) 7.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step 2, it will be deemed to have been received within the time limits. 7.08 All agreements reached under the grievance procedure between the Representatives of the Hospital and the Representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time propose three (3) arbitrators or name a nominee. If the parties are unable to agree upon a sole arbitrator within a period of fourteen (14) calendar days, either party may request the Minister of Labour for the Province of Ontario to appoint such an arbitrator. If a nominee has been named to the Arbitration Board, the other party will have seven (7) calendar days to name a nominee, provided however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two (2) nominees shall attempt to select by agreement a chairperson of the Arbitration Board. If they are unable to agree upon such a chairperson within a period of fourteen (14) calendar days, they shall then request the Ministry of Labour for the Province of Ontario to appoint such a chairperson. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board or sole Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The arbitration proceedings will be expedited by the parties hereto and the decision of the arbitrator or Arbitration Board will be binding on the parties. The decision of the majority is the decision of the Arbitration Board, but if there is no majority, the decision of the chair governs. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairperson of the Arbitration Board or sole Arbitrator. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to reasonably comply with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48(16)

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee of this right in advance. The Hospital agrees that where an employee is required to attend a meeting with the Hospital that may lead to disciplinary action, as a good labour relations practice, it will inform the Union of the purpose of the meeting in advance. 7.03 8.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he she has first given his her immediate supervisor the opportunity of adjusting his her complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his her immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his her immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital)her immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in under Step No.1No. 1, the grievance may be submitted in writing to the (designated by Hospital)Human Resources designee. A meeting will then be held between the (designate) Hospital and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital may have such counsel and assistance as he it may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 (a) It is the mutual desire Employer’s responsibility to maintain an environment in which employees remain free from harassment, intimidation, and any threats, explicit or implied, which are designed or might reasonably be understood to dissuade an employee from exercising their rights under Article 10, “Grievance Procedure,” or any other right provided for in this Collective Agreement. (b) The parties recognize the importance of confidentiality and agree that all grievances will be discussed, disseminated or otherwise shared by each of them including the identity of the parties hereto grievor(s) and the fact and the substance of individual grievance on a need to know basis as determined by each of them at their discretion. (c) To ensure that complaints of employees shall be adjusted are remedied as quickly as possible, the parties agree that the procedure for submitting and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint dealing with grievances, which shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention defined as any difference arising out of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Collective Agreement, including any question shall be as follows: (i) Step 1: The Union, on behalf of the employee, may submit a written grievance signed by the grievor and their Xxxxxxx or Union representative, to whether the Chair of their Department within 20 business days after receiving the reply of the employment supervisor. The nature of the grievance and the remedy sought shall be clearly set out in the grievance. The Department Chair or their designate will deliver their decision in writing within 15 business days following the day on which the grievance was submitted them. Failing settlement at this Step, then: (ii) Step 2: Within 15 business days following a matter decision under Step 1, the Union/grievor(s) may present the written grievance to the Xxxx of the Faculty in which the grievor is arbitrableemployed. The Xxxx or their designate will hold a meeting with the grievor(s), such the Xxxxxxx or Union Representative who signed the grievance and, at the Xxxx’x or designee’s discretion, an E/LR Representative to discuss the grievance. The Xxxx or their designate will give their written decision within 15 business days after the date on which the grievance was submitted them. Failing settlement at this Step, then: (iii) Step 3: Within 15 business days following a decision under Step 2, the Union grievor(s) may submit the written grievance to the Vice-Xxxxxxx (Teaching and Learning). The Vice- Xxxxxxx (Teaching and Learning), or their designate, will convene a meeting with the grievor(s), the Xxxxxxx or Union Representative who signed the grievance and 2 other representatives designated by the President of the Local and, at the Vice Xxxxxxx’x or designee’s discretion, an E/LR Representative, to discuss the grievance. The Step 3 reply is required in writing within 15 business days after the date on which the grievance was submitted them. Failing a satisfactory settlement at this Step, the grievance may be submitted referred to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar 15 business days after the decision under date on which the reply to Step No. 2 is 3 was given. (d) At any point after a written grievance has been filed, upon consent, the parties may freeze the time limits in the grievance process to engage in Mediation or Mediation/Arbitration. The Mediator will be selected by agreement of the parties. (e) Where the employment Supervisor is a Department Chair or Faculty Xxxx, the Union may advance to either Step 2 or Step 3 of the Grievance Procedure, as the case may be. Policy Grievance 10.02 A Policy Grievance will originate at Step 2. Any Policy Grievance filed by the Employer or the Union must be submitted within 20 business days after the date on which the circumstances giving rise to the grievance occurred or within 20 business days after the date on which the grieving party reasonably ought to have known of the circumstances giving rise to the grievance. A Policy Grievance submitted by the Employer must be signed by the Assistant Vice-President and Chief Human Resources Officer or their designate, and a Policy Grievance submitted by the Union must be submitted by the Local President, or their designate. 10.03 Where a Policy Grievance affects more than one Faculty, it shall be deemed to have been abandoned. Where such a written request is postmarked within sixteenoriginated at Step 3.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question questions as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed imposed, or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: or Step No. 1 The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital)his Department head or designate. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, the name of the immediate supervisor or designate referred to above and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. It is understood and agreed that the grievor may be present at such meeting. The (designate) employee’s Department Head or designate will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented submitted to himthe Hospital. Failing settlement or response, then: Step No. 2 Within nine (9) calendar days following the decision in Step No.1No. 1, the grievance may be submitted in writing to the (designated by Hospital)Director, Labour Relations or designate. A meeting will then be held between the (designate) Director, Labour Relations or his designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Director, Labour Relations or his designate may have such counsel and assistance assistance, as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine ten (910) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassedbypassed exception made of individual grievances in the matter of appointments made under the provisions of article 9.05. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head Director, Labour Relations or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.The 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date of the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreementagreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 9.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 9.02 At the time formal discipline is imposed or at any stage of the grievance procedure procedure, including the complaint stage, an employee shall have the right upon request Employee is entitled to the presence of his/her xxxxxxxbe represented by a local Hospital Union representative, if available. In the case of suspension or discharge the Hospital shall notify the employee of this right in advanceRepresentation may be provided via teleconference. 7.03 9.03 It is the mutual desire of the parties hereto that complaints of employees Employees shall be adjusted as quickly as possible, and it is understood that an employee Employee has no grievance until he she has first given his her immediate supervisor Supervisor the opportunity of adjusting his responding to the complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his her immediate supervisor Supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing Employee. Failing settlement of the complaint within nine (9) calendar daysdays of being so discussed with the immediate Supervisor, it shall may then be taken up as a written grievance at Step No. 1, within nine (9) calendar days following advice the date on which the Employee has been advised of his immediate supervisor's decision in the Supervisor’s decision, or failing any reply it may then be taken up as a written grievance at Step No. 1 within a period of fourteen (14) calendar days following manner and sequence: the initial complaint. Step No. 1 The employeeEmployee, who may be accompanied by a xxxxxxxwith the assistance of an Institute xxxxxxx or representative, if available, may submit a written grievance grievance, signed by her, to the employee to (designated by Hospital)Manager. The grievance shall identify the nature of the grievance and grievance, the remedy sought and should identify the provisions section or sections of the Agreement Agreement, which are alleged alleged, to have been violated shall be violatedset out in the grievance. The Union and the Hospital parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) Manager will deliver his their decision in writing within nine (9) calendar days following the day on which the grievance was presented to himher (or any longer period which may be mutually agreed). Failing settlement or responsesettlement, then: the next step in the grievance procedure may be taken. Step No. 2 Within nine (9) calendar days following of being informed of the decision in under Step No.1No. 1, the Employee, with the assistance of an Institute xxxxxxx or representative, if available, may submit the written grievance may be submitted in writing to the (Hospital’s designated by Hospital)Hospital Representative for Step 2. A meeting will then be held between the (designate) and the Grievance Committee held, within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties, between the Hospital’s Management Representatives and up to two (2) Institute xxxxxxx and/or representatives. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor Grievor may be present at the attend this meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The A decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 9.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following from the time that the circumstances giving rise to the complaint or grievance. It is expressly understoodgrievance were known or should have been known to the Union or the Hospital, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure process shall not be thereby bypassedapply, with any necessary modifications, to the Union policy grievance or the Hospital grievance, as the case may be. A member of the Hospital’s Union Executive and/or a Union Staff Representative shall sign a Union policy grievance. 7.05 9.05 Where a number of employees Employees in the Hospital have identical grievances and each employee Employee would be entitled to grieve separately separately, they may present a group grievance in writing identifying signed by each employee Employee who is grieving to the Department Head Manager responsible for their department, or his designee alternate, within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred were known or ought reasonably to have come been known to the attention of the employee(s)Employees. The grievance shall then be treated treated, as being initiated at Step No. 2 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 9.06 The release or discharge of an employee during a probationary Employee for reasons based on performance and ability to do the probationary period job, including skills, suitability and availability shall not be subject to the subject grievance procedure unless the probationary Employee is released for: (a) reasons which are arbitrary, discriminatory or in bad faith; (b) exercising a right under this Agreement. The Hospital agrees to provide written reasons for the release of a grievance or arbitrationprobationary Employee within seven (7) days of such release. A claim by the Union that a probationary Employee has been unjustly released shall be treated as a grievance, provided the Employee is entitled to grieve, if a written statement of such grievance is lodged by the Employee with the designated Hospital Representative at Step No. 2 within seven (7) days after the date the release is affected. Such a grievance shall be treated as a special grievance as set out below. The Hospital agrees to provide written reasons within seven (7) calendar days to the affected Employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee Employee who has completed his her probationary period period, without just cause. A claim by the Union that he an Employee, who has completed her probationary period, has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the designated Hospital Representative at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (ai) confirming the Hospital's ’s action in dismissing the employeeEmployee; or (bii) reinstating the employee Employee with or without loss of seniority and with or without full compensation for the time lost; or (ciii) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) 9.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen fourteen (1814) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. 9.08 Either party may notify the other party in writing of its desire to submit the grievance to arbitration. Upon receipt of the notice, the other party shall acknowledge receipt in writing. Both parties shall then endeavour to select an impartial arbitrator to hear and resolve the grievance. Should the parties be unable to agree on an arbitrator within fourteen (14) calendar days after receipt of the request, either party may then request the Ministry of Labour for the Province of Ontario to appoint a sole arbitrator. 9.09 Upon mutual agreement of the parties in writing, an Arbitration Board composed of one nominee from each party and a Chairperson appointed by the nominees may be substituted for a sole arbitrator. The time limits and procedures set out in Clauses 9.06 and 9.07 shall apply to the appointment of nominees and the Chairperson. Each party will pay the fees and expenses, if any, of its own nominee and shall share equally the fees and expenses, if any, of the Chairperson. 9.10 The arbitrator shall hear and determine the grievance. The decision of the arbitrator shall be final and binding upon the parties and upon the Employee(s) affected by it. 9.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.12 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement 9.13 Each of the parties hereto will share equally the fees and expenses, if any, of the arbitrator. 9.14 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned. 9.15 The parties may agree to waive or extend any of the time limits established in the grievance and arbitration procedures. 9.16 No matter may be submitted to arbitration, which has not been properly carried through the grievance procedure within the times specified, provided that the parties may extend the time limits in the grievance procedure by mutual agreement in writing. Where such a written request response is postmarked not given by a party within sixteenthe specified time limit in the grievance procedure, the other party may submit the grievance to the next step of the grievance procedure. 9.17 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the Employees. 9.18 Paid holidays shall not be counted in determining the time in which any action is to be taken or completed in any step of the Grievance or Arbitration Procedures where the reference is calendar days.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes The Union may file a grievance alleging a violation of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or Article: (a) at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right time while a complaint is being processed in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possibleaccordance with Sections 3, 4, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor 5 above; or, (b) within nine sixty (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (960) calendar days following the day on which completion of the processes referenced in Sections 3, 4, and 5 above, including any appeals available thereunder; or (c) if a complaint has not yet been filed by a Graduate Worker(s) in accordance with Sections 3, 4, and 5 above, within one (1) year of the incident(s) giving rise to the alleged violation or within one (1) year after the Graduate Worker(s) reasonably should have known of such facts. Except as provided in the following paragraph, grievances alleging a violation of this Article will be held in abeyance pending the completion of such processes referenced in Sections 3, 4, and 5 above, including any appeals available thereunder. If, following the completion of such processes, the Union and Graduate Worker(s) believe that the alleged violation of this Article has not been appropriately addressed, they may activate the grievance was presented to himand immediately pursue it at Step 3. Failing settlement or response, then: Within nine (9) calendar days Grievances alleging a violation of this Article that are filed following the decision completion of the processes referenced in Step No.1Sections 3, the grievance 4, and 5 above may be submitted in writing to immediately pursued at Step 3 if the (designated by Hospital). A meeting will then be held between the (designate) Union and the Grievance Committee Graduate Worker(s) believe that the alleged violation of this Article has not been appropriately addressed. It is the University's intention to complete the processes described in Sections 3, 4, and 5 above in a timely and efficient manner. With that principle in mind, if processes described in Sections 3, 4, and 5 above are not fully completed within nine ninety (990) calendar days of a receipt of a complaint, the submission of Union and the Graduate Worker may activate the grievance filed pursuant to this Section and immediately pursue it at Step No3. 2 unless extended As complaints often require extensive review and vary in complexity, the parties may extend the abeyance period by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meetingmutual agreement. The decision of Union shall reasonably consider requests by the Hospital University to extend the abeyance period. In all circumstances, once a grievance is activated at Step 3 in accordance with this Section, the terms set forth in Article 7 Grievance Procedure will apply. Grievances not activated or pursued at Step 3 pursuant to this Section shall be delivered in writing within nine (9) calendar days following the date of such meetingconsidered withdrawn. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital)his department designee. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) designate will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in under Step No.1No. 1, the grievance may be submitted in writing to the (designated by Hospital)Human Resources designee. A meeting will then be held between the (designate) Hospital and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is further understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital may have such counsel and assistance as he it may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his Human Resources designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, where possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply."

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have procedure, including the right upon request complaint stage, a nurse is entitled to the presence of his/be represented by her xxxxxxxor his union representative. In the case of suspension or discharge discharge, the Hospital Employer shall notify the employee nurse of this right in advance. The Employer also agrees, as a good labour relations practice, in most circumstances it will also notify the local Union. 7.03 8.03 All Grievances shall identify the specific provisions of the Collective Agreement alleged to have been breached and shall contain a concise statement of the facts giving rise to the grievance and a concise statement of the remedies sought. All grievances shall be filed in accordance with the procedure outlined in this Article, and on the prescribed Association form, which shall be appended to this Collective Agreement. 8.04 A Grievance of a Nurse properly arising under this Agreement shall be adjusted and settled as follows: It is the mutual desire intent of the parties hereto that complaints of employees nurses shall be adjusted as quickly as possible, and it is understood that an employee a nurse has no grievance until she or he has first given her or his immediate supervisor Leader/Director the opportunity of adjusting his the complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with her or his immediate supervisor within nine seven (97) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee nurse. This discussion may include consultation, advice and failing assistance from others. If there is no settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, nurse may submit a written grievance grievance, through the Union, signed by the employee nurse, to (designated by Hospital)the Leader/Director or designate. The grievance shall be on a form and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) Leader/Director or designate will deliver her or his decision in writing within nine (9) calendar days following the day on which the grievance was presented to her or him. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision in under Step No.1No. 1, the grievance may be submitted in writing to the (designated by Hospital)Executive Director or designate. A meeting will then be held between the (designate) Executive Director or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative representative(s) of the Canadian Ontario Nurses’ Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Executive Director or designate may have such counsel and assistance as she or he may desire at such meeting. The decision of the Hospital Employer shall be delivered in writing to the Labour Relations Officer and the local Union representative within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital Health Centre shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.: 7.04 A complaint or grievance arising directly between the Hospital Health Centre and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Health Centre at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the HospitalHealth Centre's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital Health Centre deems it necessary to suspend or discharge an employee, the Hospital Health Centre shall notify the Union of such suspension or discharge in writing. The Hospital Health Centre agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Health Centre and the representatives of the Union will be final and binding 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. 8.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrableAgreement. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 (a) It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has they have first given his their immediate supervisor the opportunity of adjusting his their complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his their immediate supervisor within nine (9) calendar days after from the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the employee and failing grievance. Failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within the nine (9) calendar days following advice of his their immediate supervisor's ’s decision in the following manner and sequence: : (b) The employeeemployee must submit the grievance through the Local Union, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the grievor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate, with a copy to the immediate supervisor. The employee to (designated may be accompanied, if they so desire, by Hospital)their union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . (c) The Union and the Hospital may, if they so desire, meet parties will have a period of up to discuss the grievance at a time and place suitable to both parties. The thirty (designate) will deliver his decision in writing within nine (930) calendar days following from the day on which date the grievance was presented is filed to him. Failing settlement or responseattempt to resolve the grievance, then: Within nine and in any case, to provide the Union with a formal written response setting out the Hospital’s position on the matter. (9d) calendar days following During the decision in Step No.1thirty (30) day resolution period referred to above, the grievance may be submitted parties will attempt to resolve the matter(s) in writing dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the meeting(s) shall include the Union Grievance Committee. (e) Prior to the (designated by Hospitalinitial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting(s). A In determining a date for the meeting the parties will consider: (i) the time needed for research, consultation and preparation for the meeting(s) and, (ii) the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will then be held between generally take place during the middle ten (designate10) and the Grievance Committee within nine (9) calendar days of the submission thirty (30) day period. (f) In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. (g) If the parties are unable to resolve the grievance, the Hospital will provide the Union with a written response to the grievance by the end of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the thirtieth (designate30th) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days day following the date of such meetingthe filing of the grievance. 7.04 A complaint or grievance arising directly between the Hospital and the (h) The Union concerning the interpretation, application or alleged violation will then have a period of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days from the date of the Hospital’s response to determine if the response is acceptable, or will refer the matter to arbitration. (i) If the grievance is filed by the Hospital, the Union will provide a response by the end of the thirtieth (30th) day following the circumstances giving rise to date the complaint or grievancegrievance was filed. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees The Hospital will have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after from the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention date of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect Union’s response to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance determine if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge accept the Union’s response or otherwise discipline an employee who has completed his probationary period, without just causewill refer the matter to arbitration. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question questions as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed imposed, or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties1 Step No. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.2 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed.employee 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head Director, Labour Relations or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:seven (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreementagreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party to this agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved inan attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to Arbitration, which has not beenproperly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of the Labour Relations Act. 7.16 Whenever Arbitration Board is referred to in this Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 . It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 . “A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 . Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 . The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes All disputes or grievances arising out of the interpretation or application of any of the terms or conditions of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees agreement shall be adjusted as quickly as possiblesubmitted for determination and be determined by the procedures set forth in this Article. No grievance, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he dispute or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it recognized, or have occurred or ought reasonably to have come any validity, unless called to the attention of the employee and failing settlement within nine (9) calendar daysemployer, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employeewriting, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature an authorized representative of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital mayunion, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The within fifteen (designate15) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after time the circumstances giving rise to the grievance first occurred, or within the time the Union reasonably should have occurred known of the occurrence. The craft xxxxxxx is to receive grievances or ought reasonably disputes from covered employees and shall immediately report them to the business agent or special representative who shall immediately attempt to adjust said grievance or dispute with the employer or its representative. It is the purpose and the intent of the parties hereto that all grievances or disputes arising between them over the interpretation or application of the terms of this agreement shall be settled by the procedures set forth in this section and that during the term of this agreement, the Union on behalf of whom this agreement is made shall not, call, engage in, sanction or assist in a strike against or any slowdown or stoppage of the work of the employer, and will urge the employees it represents to perform their services for the employer on the work described herein when required by said employer to do so; and during the term of this agreement, a employer signatory to this agreement shall not cause or permit any lockout of the employees represented by the union whose behalf this agreement is made. In cases of violation, misunderstanding, or differences of opinion in interpretation of this agreement by either party, there shall be no cessation or stoppage of work except as in the cases where a signatory employer fails to pay wages due or is delinquent in contributions to any trust fund established under this agreement. Should a controversy, dispute or disagreement arise during the term of this agreement over interpretation, the difference shall be adjusted in the following manner: All complaints, to have come any validity, must be filed in writing within fifteen (15) days after the matter or dispute or disagreement is alleged to have occurred. Errors in paychecks must be filed in writing within ten (10) working days from payday. Upon receipt of a written report setting forth in detail the attention nature of the employee(s)specific issue in controversy, a representative of the union and a representative of the employer shall attempt to reach a settlement of the dispute. The If a settlement is not reached within five (5) days, the dispute or grievance shall then may be treated as being initiated at Step No. 2 referred to arbitration by either or both parties, and the applicable provisions decision of the arbitrator shall be final and binding on all parties and grievant. If within thirty (30) days of the signing of this Article shall then apply with respect Agreement, the parties agree to the processing of meet and select a permanent arbitrator, such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended arbitrator shall be treated selected as a grievance if a written statement follows: The Federal Mediation and Conciliation Service shall be requested to submit the names of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after qualified arbitrators. Each party, through their appointed representatives, shall have the date right to reject three of the discharge names submitted, and the remaining seventh person shall be selected as the permanent arbitrator. The Business Manager and the Director of Labor Relations shall meet yearly to review the performance of the permanent Arbitrator. The Arbitrator’s fee and all incidental expenses shall be paid equally by the parties. No jurisdictional disputes involving the Union on whose behalf this agreement is made shall be submitted under this grievance and arbitration procedure, but shall be determined in the manner provided in Section (6) of this agreement. All Disputes or suspension grievances arising out of the interpretation or application of any terms or conditions of this agreement shall be submitted for determination, and shall be determined by the procedures set forth in this Section (7). It is effected. Such special grievance may be settled under expressly understood and agreed that in the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeeevent of arbitration, the Hospital shall notify the Union of such suspension or discharge arbitrator, in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of determining any grievance between or dispute shall have no authority to modify, vary, change, ad to, or remove any of the parties arising from the interpretation, application, administration terms or alleged violation of conditions in this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteenagreement.

Appears in 2 contracts

Samples: Master Labor Agreement, Master Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes 8.01 It is the mutual desire of this Agreementthe Parties that a complaint of an employee shall be resolved as promptly as possible. It is understood that an employee has no grievance until he/she has first discussed his/her complaint with his/her immediate supervisor without satisfaction. The employee may, a grievance is defined as a if he/she wishes, be accompanied by his/her Xxxxxxx or in the Xxxxxxx'x absence, the Chief Xxxxxxx. Should any difference arising arise between the parties relating to Employer and any employee from the interpretation, application, administration or alleged violation of the Agreement including any question as provisions of this Agreement, an xxxxxxx effort shall be made to whether a matter is arbitrable.settle such difference without undue delay, in the following manner: 7.02 At 8.02 STEP 1 - In the time formal discipline is imposed or at any stage of the grievance procedure first instance, an employee shall have take up any such Grievance in writing direct with his/her immediate Supervisor within ten (10) working days of the right event upon request to which the Grievance is based. The immediate Supervisor shall, if requested by the employee, arrange for the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaintXxxxxxx. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) Supervisor will deliver his give his/her decision in writing within nine ten (910) calendar working days. 8.03 STEP 2 - If not then settled in Step 1, the Grievance may, within ten (10) working days, be submitted to the Associate Vice- President, Facilities Management or his/her representative. The Chief Xxxxxxx accompanied, if he/she wishes, by the appropriate Xxxxxxx shall be given an opportunity to discuss the Grievance with the Associate Vice-President, Facilities Management, or his/her representative within ten (10) working days following of submission of the day on Grievance. The Associate Vice-President, Facilities Management or his/her representative, shall give his/her decision in writing within ten (10) working days of the discussion. The Grievance shall specify the facts and the article or articles claimed to be violated or relied upon and decisions in Steps 2 and 3 shall specify the facts and reasons upon which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1is based. 8.04 STEP 3 - If not then settled, the grievance may Grievance may, within ten (10) working days, be submitted in writing by the Union to the Associate Vice-President, Human Resources or his/her representative, to be dealt with at a meeting held within ten (designated by Hospital). A meeting will then be held between the (designate10) and the Grievance Committee within nine (9) calendar working days of the submission of or at a time mutually agreed by the grievance at Parties. At Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor 3 meetings there may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meetingUnion’s National Representative if requested by either Party. The decision of the Hospital Employer or the Union Committee in case of an Employer Grievance shall be delivered given in writing within nine ten (910) calendar working days following after the date of such meetingmeeting at which it was discussed. 7.04 A complaint 8.05 Within ten (10) days of the event upon which the Grievance is based, the Employer or grievance arising directly between the Hospital Union may submit a Grievance in writing to the other, alleging the violation of a term of this Agreement. Such a Grievance shall set out the facts and the Union concerning Article or Articles claimed to be violated or relied upon and the interpretation, application or alleged violation matter shall be dealt with in accordance with Step 3 and the balance of the Agreement Grievance Procedure. No grievance shall be originated at Step No. 2 within fourteen submitted by the Union under Article 8.05 unless it involves: a. More than three (143) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understoodemployees, however, provided that the provisions of this Article may not be used matter has first been discussed with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed.supervisor concerned; OR 7.05 Where a b. Any number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievanceworking for different supervisors. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto to this Agreement that complaints a complaint of employees an employee shall be adjusted resolved as quickly promptly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of there is no grievance until the Canadian Union of Public Employees and employee has first discussed the grievor may be present at the meetingcomplaint with their immediate supervisor. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A Failing settlement, any complaint or grievance arising directly between the Hospital and the Union concerning under this Agreement relating to the interpretation, application or alleged violation of the Agreement shall be originated at Step Noprocessed and dealt with in accordance with the terms and provisions set forth in this Article. 2 Unless otherwise mutually agreed to by the parties, time shall be of the essence in the case of all grievances. STEP 1 The employee and a Shop Xxxxxxx shall submit a signed written grievance on official Union stationary to the Production Manager or designate within fourteen five (145) calendar working days following after the circumstances giving rise to the complaint grievance. The remedy sought, and the Sections of the Agreement, which are alleged to have been violated, shall be set out in the grievance letter. Any grievance not submitted within the time limits provided herein shall be deemed to be null and void. The Production Manager or designate shall deliver their decision in writing within five (5) working days following the day on which the grievance was presented to them. Failing settlement, then: STEP 2 Within five (5) working days following the decision under Step 1, the employee and Shop Xxxxxxx shall submit the written grievance to the Plant Manager or designate. The Plant Manager or designate will contact the union representative by telephone upon receipt of the Step 2 grievance to arrange a date and time to meet the grievor and the xxxxxxx to review the grievance. The Union Representative or their designate may be present at this meeting. A decision in writing shall be rendered within ten (10) working days from the date on which the grievance meeting was convened. In the event the decision of the Plant Manager is not satisfactory to the grievor, the Union may refer the matter to Arbitration. In the alternative, the matter may be referred to an agreed upon “Trouble-Shooter” (see Letter of Understanding) by mutual agreement for mediation or final binding resolution. If no written request for Arbitration is received within fifteen (15) working days from the date of the decision under this Step and during that time no agreement is reached with respect to the use of a “Trouble-Shooter”, the grievance shall be deemed to be abandoned. It is expressly understood, however, agreed that the provisions of this Article may not be used with respect to a grievance arising directly affecting an employee which such employee could himself institute between the Employer and the regular grievance procedure Union shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee originated by either party under Step 2 above within fourteen three (143) calendar working days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 originated and the applicable time limits set out with respect to that step shall appropriately apply. However, it is understood that the provisions of this Article shall then apply Section may not be used with respect to the processing of such grievance. 7.06 The release a complaint or discharge of grievance directly affecting an employee during or employees and that the probationary period regular grievance procedure shall not be bypassed. All agreements reached under the subject grievance procedure between the representatives of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended the Employer and the representatives of the Union shall be treated as a grievance if a written statement final and binding upon the Employer, the Union and the employees. For the purposes of such grievance is lodged by the employee with Article the Hospital words “working days” shall not include Saturdays, Sundays and paid holidays. STEP 3 Failing resolution of the difference of dispute at Step No2, the matter may be referred to a Board of Arbitration constituted under the provisions of the Labour Relations Code. 2 Arbitration proceedings must be commenced within seven sixty (760) calendar days after the date failure of settlement at Step 2. The said Board shall consist of a single Arbitrator who shall be agreed to by both parties or, failing agreement, to be appointed by the discharge Labour Relations Board at the request of the parties to this Agreement. The decision of the Board of Arbitration shall be final and binding on both parties. Each party shall pay one-half (1/2) of the fees and expenses of the Board of Arbitration or suspension is effectedTrouble-Shooter if appointed. Such special grievance The Board of Arbitration or Trouble-Shooter shall complete its sitting and hand down its award within thirty (30) days of its appointment, except that this time may be settled under extended with the Grievance or Arbitration Procedure by: (a) confirming mutual consent of the Hospital's action in dismissing Employer and the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writingLocal Union. The Hospital agrees that Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions thereof and, in reaching its decision; it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under shall be bound by the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation terms and conditions of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 10.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For the purpose of this Article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays, and paid holidays, plant shutdowns and vacations. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 10.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until he he, accompanied by his xxxxxxx, has first given his immediate supervisor the opportunity of adjusting resolving his complaint. The grievor may have the assistance of If an employee has a union xxxxxxx if complaint (including a complaint that he or she so desires. Such complaint has been unjustly disciplined) he, accompanied by his xxxxxxx, shall be discussed discuss it with his immediate supervisor within nine five (95) calendar days after the circumstances giving rise to it the complaint have occurred or have or ought reasonably to have reasonably come to the attention of the employee and employee. The supervisor shall give his response to the complaint within two (2) days and, failing settlement within nine (9) calendar dayssettlement, or failing a response, it shall may then be taken up as a grievance within nine three (93) calendar days following advice of his the immediate supervisor's decision in the following manner and sequence: The employee, who employee may be accompanied by a xxxxxxx, may submit a written present his grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify be in writing on a grievance form and shall include the nature of the grievance and grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to be have been violated. The Union and the Hospital may, if they so desire, meet to discuss supervisor shall hear the grievance at a time and place suitable within three (3) days of its presentation to both partieshim. The (designate) grievor will be present along with his xxxxxxx. Failing settlement, his immediate supervisor shall deliver his decision in writing within nine five (95) calendar days following the day on which hearing of the grievance was presented to himgrievance. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure bysettlement: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits. b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44 (6) of The Labour Relations Act. 7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply."

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital Employer shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union Union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.: 7.04 A complaint or grievance arising directly between the Hospital Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Employer at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the HospitalEmployer's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital Employer deems it necessary to suspend or discharge an employee, the Hospital Employer shall notify the Union of such suspension or discharge in writing. The Hospital Employer agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (7.07 a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 Section 1 For purposes the purpose of this Agreement, a grievance is defined as a difference any complaint or dispute arising between the parties relating to the interpretation, application, administration or alleged violation out of the interpretation or application of a specific Article and Section of this Agreement including any question during the term of this Agreement or extensions thereof as to whether a matter is arbitrable. 7.02 At events or incidents arising only at the time formal discipline is imposed or at any stage of Company. No grievance as defined above shall be considered under the grievance procedure unless it is presented as provided below. Before a formal grievance is filed, any employee is free to use the Open Door policy if he so chooses. Before a formal grievance is filed, the affected employee and/or a Union representative shall talk to the employee’s supervisor about the issue in an attempt to resolve it. Section 2 A grievance may be filed by an employee, the Union, or the Company. If the Union files the grievance, the adversely affected employee(s) or issues shall be identified. Section 3 Nothing in this Agreement shall prevent an employee shall have the right upon request to from resolving any problem consistent with this Agreement with or without the presence of his/her xxxxxxxa Union representative provided that the resolution is not inconsistent with this agreement and the Union has been given the opportunity to review the resolution prior to finalization. In If such a resolution occurs, the case of suspension or discharge Union may still file a grievance, but such grievance may only seek a ruling on whether the Hospital Company’s alleged conduct violated this Agreement. Section 4 A grievance as defined in Section 1, shall notify be considered in accordance with the employee following grievance procedure except that no grievance shall be considered which has not been presented at and in accordance with Step One of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor Grievance Procedure within nine ten (910) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention occurrence of the employee and failing settlement within nine (9) calendar daysfacts or circumstances constituting the grievance arose or when the Union, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify or the nature Company first became aware, or should have become aware, of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint grievance: Step One: The grievance shall be presented to the employee’s designated immediate supervisor or grievancethe supervisor in the department or area where the event giving rise to the grievance took place. It is expressly understoodTo be timely and properly filed, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not must be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance presented in writing identifying each employee who is grieving to the Department Head or his designee designated immediate supervisor within fourteen (14) calendar days after the occurrence of the facts or circumstances giving rise to constituting the grievance have occurred or ought reasonably to have come to the attention of the employee(s)arose. The grievance document shall then be treated as being initiated at Step No. 2 and clearly indicate that the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of matter is a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended and shall be treated as a grievance if a written statement of such grievance is lodged by contain the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure byfollowing components: (a) confirming The grievance shall identify the Hospital's action in dismissing specific Article(s) and Section(s) of the employee; orAgreement alleged to have been violated; (b) reinstating The grievance shall set forth the employee with or without full compensation for factual circumstances of the alleged violation, including the date, time lost; orand names of witnesses; (c) by The grievance shall set forth the remedy sought. A grievant deficient in any other arrangement which may or all of these components will be deemed just defective and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writingrejected. The Hospital agrees that it supervisor will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. hold a meeting within twelve (a12) Failing settlement under days after receiving the foregoing procedure grievance consisting of any grievance between the parties arising from shop xxxxxxx and/or the interpretation, application, administration or alleged violation of this Agreement, including any question as affected employee. The supervisor shall give a written response to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received the Xxxxxxx within eighteen twelve (1812) calendar days after the decision under meeting was held. Provided, however, that failure to provide such response or hold a meeting within the proscribed time shall not constitute admission of merits of any timely grievance, but merely shall automatically advance the grievance to the next step. Grievances concerning discharges or suspensions may be immediately presented at Step NoTwo, however, all information required in Step One must be provided in writing before the matter can be advanced past Step Two. 2 Step Two: If the grievance is givennot resolved at Step One, the grievance shall be deemed presented by the Union Representative to have been abandonedRegional Human Resources within ten (10) days after the Company’s response or failure to so provide. Where Within ten business (10) days of receiving the Step Two grievance, the Company may conduct a meeting which may be attended by the Union Representative, the Xxxxxxx and the affected employee. Within ten business (10) days after the meeting is held or after the Step Two grievance was received if no meeting is held, the Company shall notify the designated Union official of its decision in writing. Provided, however, that failure to prove such a written request is postmarked response within sixteenten business

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time any formal discipline is imposed or at any stage of the grievance procedure imposed, an employee shall have has the right upon request to the presence of his/her a xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union Union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties1 Step No. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.2 7.04 A complaint or grievance arising directly between the Hospital Health Centre and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitrationArbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital Health Centre at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effectedaffected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the HospitalHealth Centre's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined A grievanceshall be as a difference arising between the parties relating to the interpretation, application, administration Company and any ils employees regarding or alleged violation of the Agreement including any question provisions of Colleclive a difierence anses between an and Companyover or alleged of employee and supervisor as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed soon as possible and resolve difierence informally. If difference has been or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given received a reply from his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine live (95) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar working days, it shall then be taken up employee may difference in as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision lo All grievances be in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature and of the grievance and the remedy sought and should identify the provisions of the Colleclive Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) All grievances bo submilled fourteen calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meetingoccurrence giving rise grievance. The employee's supervisor will have five (5) working days render a decision on xxxxxx. Failing employee five (5) working days of the Hospital shall be delivered having received decision al may refer xxxxxx in writing head. The head will arrange a within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article The employee may not be used with respect to accompanied al and a xxxxxxx from employee's represenlalive may also provide a reply lo grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) lo Union calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at lo review xxxxxx for a Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 II by Union The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within head will seven (7) calendar days after If Company and Union are unable io any grievance in foregoing grievancemay be referred lo an selected in from panel of individuals sel below: Xxxx Xxxxxxx, Xxxxxx Xxxxxxxx, Xxxxx Xxxxxx aggrievedpartydoes proceed lo waived by aggrieved party. grievance is lo Company and Union agree of will be shared equally by The lime sel lor grievance and procedure may only be extendedby the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation NO STRIKES, NO LOCKOUTS In view of procedures by for the time lost; or of and handling grievances, Xxxxx agrees during of and during the lime period (c) by Colleciive Bargaining and Colleciive Bargaining is in it shall declare, or engage in any other arrangement which may be deemed just slow-down or any of work, shall Company engage in any in the and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just causeSnow Lake areas. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Section 1 A grievance is hereby defined as a claim against, or a dispute with, the Company by an employee, or the Union, involving the interpretation or application of the terms of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Section 2 Grievances shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision handled in the following manner and sequencemanner: Step 1: The employee, who An employee having a grievance may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the issue with his or her Manager or appropriate supervisor within ten (10) calendar days ( excluding Step 2: The grievance at a time and place suitable shall be presented to both partiesthe Airport Manager within ten (10) calendar days (excluding weekends & holidays) of the initial meeting. The (designate) Airport Manager will deliver his render his/her decision in writing within nine fifteen (915) calendar days following the day on which the grievance was presented (excluding weekends & holidays) after presentation to him. Failing settlement or response, then/her. Step 3: Within nine (9) calendar days following If the decision in Step No.1Airport Manager's answer is not satisfactory to the grievant, the grievance may be submitted in writing taken to Step 3. The written grievance, together with the Airport Manager's answer thereto, may be presented by the aggrieved employee and/or a Union Representative to the City Manager within fifteen (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (915) calendar days (excluding weekends & holidays) following the date on which the Airport Manager rendered his/her decision . The City Manager will render his decision in writing, with a copy to the Union, within fifteen (15) calendar days ( excluding weekends & holidays) after presentation to him/her. The Union may, upon written notice to the Company within fifteen (15) calendar days (excluding weekends & holidays) following the rendition of the submission of Company's final answer to the grievance at Step No3, submit the grievance to arbitration by notifying the Company in writing of its desire to arbitrate said grievance and the Arbitrator shall be selected as provided in section 4. 2 unless extended by agreement Grievances for the discharge of employees will begin at Step 3 within fifteen (15) calendar days ( excluding weekends & holidays) from the date of the parties. It is understood and agreed that a representative termination or receipt of the Canadian termination letter by the Union. Section 3 Any grievance not presented to the Company in writing as provided in Section 2 above, within fifteen (15) calendar days ( excl udi ng we ek ends & hol id a ys) of the happening of the event which gives rise to the grievance, shall be waived for all purposes. Section 4 Within fifteen (15) calendar days ( exc l udi ng week ends & hol i days) after the Union has filed with the Company a timely request to arbitrate a grievance, the Union shall request a panel from the Federal Mediation and Conciliation Service of Public Employees seven (7) arbitrators from the National Academy of Arbitrators. Each party shall alternately strike arbitrators until a single arbitrator remains. Section 5 Only grievances involving an alleged violation by the Company of a specific section or provision of this Agreement and which are processed within the grievor time limits herein provided shall be subject to arbitration. Section 6 Jurisdiction of the Arbitrator is limited to the rendition of a decision or award in writing which in no way modifies, adds to, subtracts from, alters, changes, removes or amends any term or condition of this Agreement or which is in conflict with the provision of this Agreement. Section 7 The Arbitrator shall have no jurisdiction or right to determine any question of arbitrability which may be present at arise hereunder unless the meeting. It parties specifically agree to submit such question to the Arbitrator and such written agreement is further understood that incorporated in the (designate) may have such counsel and assistance as he may desire at such meeting. Submission Agreement. Section 8 The decision of the Hospital Arbitrator shall be delivered based solely on the evidence presented to him by the respective parties in writing within nine (9) calendar days following the date presence of such meetingeach other, and any argument in exchanged written briefs, if any. The fees and expenses of the Arbitrator, and all mutually agreed upon facilities and services, shall be borne equally by both parties. 7.04 A complaint or Section 9 Time spent in grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged meetings by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge Area Representative or suspension is effected. Such special grievance may Shop Stewards during such employee's regularly scheduled hours will be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just causepaid. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes 40.1 A grievance shall be defined as a contention that a violation or misapplication of a specific term of this Agreement has occurred which cannot be resolved between the employee involved (the grievant) and their supervisor. 40.2 The following grievance procedure shall be applicable to all employee complaints or disputes concerning the meaning and/or application of the terms of this Agreement, and said procedure shall be the sole method for resolution of such matters. A determined effort shall be made to settle grievances at the lowest possible level, and the grievance proceedings will be kept as informal as may be appropriate at any level. Meetings or discussions involving grievances will be scheduled so as to avoid interruption of work duties or schedules. An employee may be accompanied by a Union Xxxxxxx of his or her choosing when presenting a grievance is defined at any step. This choice of a Union Xxxxxxx shall not extend the timelines of this article, except by mutual agreement. The Association may initiate a group grievance on behalf of members with common grievances. The grievance shall be filed at the step deemed by the Association and the College as most appropriate, given the nature of the grievance. The same steps and timelines apply as with individual grievances. 40.3 Any employee having a difference arising between the parties relating to the interpretation, application, administration or alleged violation question regarding a provision of the Agreement including any question as to whether a shall first take the matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxxup with their supervisor. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of event the employee and failing settlement within nine (9) calendar daystheir supervisor cannot resolve the issue, it shall and if the matter qualifies as a grievance as defined in Section 1 above, the matter may then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision formal grievance, in accordance with the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by procedure: Step 1. Supervisor/Human Resources If the employee wishes to pursue the matter, they, with or without the assistance of the Association, shall submit it as a grievance in writing to both their supervisor with whom they are in disagreement and to the Associate Vice President of Human Resources within fifteen (designated by Hospital)15) working days of the occurrence of the alleged violation. The grievance document shall identify be signed and dated by the nature aggrieved employee, and it shall set forth a statement of the grievance and the remedy sought and should identify alleged facts involved, including relevant dates, citation to the applicable provisions of the Agreement which are alleged to be violated. The Union have been violated and the Hospital may, if they so desire, meet to discuss relief sought. A conference between the involved supervisor or their designee and the grievant shall be held within ten (10) working days of receipt of the grievance at a time and place suitable to both partiesdocument. The Within ten (designate10) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar working days of the submission of conference, the supervisor or their designee shall communicate their written decision to the grievant and the Association. Step 2. Xxxx In the event the matter is not settled in Step 1, or if the supervisor or their designee does not have a conference with the grievant and/or issue their decision on the grievance at within the time period specified in Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees 1, and the grievor may be present at grievant wishes to pursue the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is givenfurther, the grievance shall be deemed presented in writing to have been abandoned. Where such a written request is postmarked the Associate Vice President of Human Resources and the appropriate division xxxx within sixteenten

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question questions as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed imposed, or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties1 Step No. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.2 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed.employee 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head Director, Labour Relations or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:seven (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreementagreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party to this agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to Arbitration, which has not beenproperly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of the Labour Relations Act. 7.16 Whenever Arbitration Board is referred to in this Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Should differences arise concerning the HOTEL, the UNION and/or any employee who has completed his/her probationary period, as to the meaning and application of this Agreement, a grievance is defined as a difference arising between the parties relating to following procedure shall be followed by the interpretation, application, administration or alleged violation of employee and the Agreement including any question as to whether a matter is arbitrableUNION. 7.02 At Step 1. The employee will discuss the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of matter with his/her xxxxxxxdepartment head on an informal basis in order to settle the matter promptly. In the case of suspension or discharge the Hospital shall notify the An aggrieved employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx UNION Xxxxxxx assist him/her with STEP 1, if he or he/she so desires. Step 2. Such complaint If the grievance is not satisfactorily settled in STEP 1, the aggrieved employee or the UNION shall, within ten (10) days from the date on which the incident which gave rise to the grievance occurred, file a written grievance with the Human Resources Department; provided, however, the ten- day requirement and the written grievance requirement may be waived by mutual written agreement of said UNION and HOTEL. The written grievance shall be discussed with his immediate supervisor within nine (9) calendar days after set forth the circumstances facts giving rise to it have occurred or ought reasonably to have come to the attention of grievance, including the employee date(s) and failing settlement within nine (9person(s) calendar daysinvolved, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify designate the provisions of the Agreement which are alleged allegedly have been violated. Failure to file such written grievance within ten (10) days shall result in such grievance being presumed to be violatedwithout merit, and it shall be barred from further consideration. The Union representative or representatives of the HOTEL will confer with the Grievant and the Hospital maya UNION Xxxxxxx, if they so desireavailable, meet within seven (7) days after receipt of such written grievance in an effort to discuss settle the grievance at a grievance, unless the time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless limit is extended by mutual written agreement of the parties. It is understood and agreed that If not settled at this conference, the HOTEL shall issue a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of on any such meeting. 7.04 A complaint or written grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after from the time such grievance meeting is adjourned. The HOTEL's failure to issue such a written decision in the time specified shall be considered a denial of the grievance. Step 3. If the grievance is not satisfactorily resolved in STEP 2, the UNION shall, within seven (7) days from the date of the discharge or suspension is effected. Such special grievance may be settled under step 2 answer, request a meeting between the Grievance or Arbitration Procedure by: (a) confirming HR Director, the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an aggrieved employee, the Hospital shall notify Shop Xxxxxxx, if available, and the Union Business Agent to discuss the grievance within seven (7) days of the date of the answer to the appeal; provided, however, the seven day requirement may be waived by mutual written agreement. If not settled at this conference, the HOTEL shall issue a decision in writing on any such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. written grievance within seven (a7) Failing settlement under the foregoing procedure of any grievance between the parties arising days from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, time such grievance may be submitted meeting is adjourned. HOTEL's failure to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where issue such a written request is postmarked within sixteendecision in the time specified shall be considered a denial of the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes 401 Section 1 – General Principles 402 A grievance as referred to in this Article is any dispute concerning the application or interpretation of this Agreement. The Association, a grievance as the exclusive bargaining representative of employees in the bargaining unit, has the sole and exclusive right to file, pursue, withdraw or resolve grievances at any step of the procedure. The parties agree that the grievance/arbitration procedure is defined as a difference the sole and exclusive remedy for any and all disputes or rights arising between the parties from or relating to this Agreement. 403 Except for discharge grievances, each grievance must be initiated at the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage first step of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right process, in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possiblewriting, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine thirty (930) calendar days after the circumstances giving rise to it Nurse had knowledge, or should have occurred or ought reasonably to have come to the attention had knowledge, of the employee and failing settlement within nine (9) calendar daysevent which caused the grievance, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in or the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violatedconsidered waived. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital Discharge grievances shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at immediately referred to Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions II of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after from the date of the discharge or suspension is effecteddischarge. Such special 404 The grievance may be settled under procedure shall consist of the Grievance or Arbitration Procedure by: (a) confirming following steps: 405 Step I 406 A Nurse who believes a grievance exists will discuss such matter with the Hospital's action in dismissing the employee; or (b) reinstating the employee immediate supervisor, with or without full compensation for an Association Representative present, as the time lost; or (c) by any other arrangement which Nurse may be deemed just and equitableelect. Wherever In the Hospital deems it necessary to suspend or discharge an employeeevent the dispute remains unresolved, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received in writing within eighteen thirty (1830) calendar days after the decision under Step NoNurse had knowledge, or should have had knowledge, of the event which caused the grievance. 2 is givenThe written grievance shall state the facts, the specific violation(s) and the requested remedy. 407 After a grievance has been submitted to the immediate supervisor, the supervisor shall respond in writing to the Nurse and Association within fifteen (15) calendar days. 408 In the event the dispute remains unresolved, the Association shall then have seven (7) calendar days from the date of the Employer’s Step I written response to appeal the issue to Step II. 409 Step II 410 A grievance appealed to Step II shall be deemed referred to Human Resources in writing and such notice shall identify the grievance. For discharge grievances, the notice shall be in writing and state the facts, the specific violation(s) and the requested remedy. A meeting shall be held between the aggrieved employee(s), Human Resources Representative, Association Representative(s) and the Supervisor, or his/her designee. If the matter cannot be resolved, the Employer’s representative shall have been abandonedfifteen (15) calendar days from the date of the grievance meeting to respond in writing to the Association Representative. Where such 411 In the event the dispute remains unresolved, the Association shall then have seven (7) calendar days from the date of the Employer’s written Step II response to appeal the issue to Step III. 412 Step III 413 A grievance appealed to Step III shall be served within the time limits set forth above to the Director of Labor Relations or his/her designee. Such notice shall identify the grievance and include a copy of the last grievance response if provided. A meeting between the Association Field Representative, Human Resource Representative, Manager/Supervisor, the Grievant and a Labor Relations Representative shall be held as soon as possible. If the matter cannot be resolved, the Employer’s representative shall have fifteen (15) calendar days from the date of the grievance meeting to respond to the Association representative. 414 In the event the dispute remains unresolved, the Association shall then have seven (7) calendar days from the date of the Employer’s written request is postmarked Step III response to appeal the grievance to arbitration. 415 Arbitration 416 The parties shall select an arbitrator by mutual agreement. If no agreement on an arbitrator can be reached, an arbitrator shall be selected from a panel of seven (7) arbitrators provided by the Federal Mediation and Conciliation Service (FMCS). The parties shall alternately strike one (1) name from the above list and the last name remaining shall be the impartial arbitrator. 417 The arbitrator shall have jurisdiction and authority solely to interpret, apply or determine compliance with the terms of this Agreement, and any supplemental written agreement between the parties, and shall have no authority or jurisdiction to add to, detract from, or alter in any way, the provisions of this Agreement, or any supplemental written agreement between the parties. Any decision within sixteenthe jurisdiction of the arbitrator shall be final and binding on all concerned. The expenses and services of the arbitrator shall be shared equally by the Employer and the Association, including but not limited to the cost of the arbitrator, court reporter, and transcript for the arbitrator. Each party shall be responsible for the cost of its own representatives and witnesses.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of 8.01 The parties to this Agreement, a grievance Agreement believe that it is defined important to respond to complaints and grievances as a difference arising quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Manager promptly following the issue giving rise to the complaint. 8.02 Should any dispute arise between the parties relating 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 the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee provisions of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees Agreement, such dispute shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come brought to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up other party as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following or when the circumstances employee ought to have reasonably become aware of the issue giving rise to the complaint or 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 expressly understood, however, understood that the provisions 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 Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and form for the regular grievance procedure shall not be thereby bypassedsubmission of grievances. 7.05 Where 8.03 Once a number of employees complaint is initiated, the parties shall have identical grievances a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the issue and each employee would be attempt to arrive at a resolution. In addition to the union representative, the Union's Labour Relations Officer is entitled to grieve separately they attend such meetings. 8.04 (a) If, after the end of such forty (40) calendar day period, the issue has not been resolved, either party may present a group grievance in writing identifying each employee who is grieving to inform the Department Head or his designee other party within fourteen (14) calendar days after of its written intent to forward the circumstances giving rise matter to arbitration. Such notice shall contain the grievance have occurred or ought reasonably to have come to the attention name of the employee(s)first party's recommended Sole Arbitrator. The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of Where such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance notice is lodged by the employee with the Hospital at Step No. 2 post- marked within seven (7) twelve calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: above forty (a40) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeecalendar day period, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandonedreceived within the time limits. Where such a written The recipient of the notice shall, within ten (10) 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 Arbitrator shall be made by the Minister of Labour for Ontario upon the request is postmarked within sixteenof either party.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (7.07 a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Section 1. The grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the City and its employees. Furthermore, the grievance procedure is to provide a 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 any provisions of this Agreement, any provisions of the personnel code, municipal ordinances, or filed for the purpose of getting an established policy, standard, or procedure changed. Section 2. The grievance is hereby jointly defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance, 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, if known, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is defined as sought. Step 1. Any employee having a difference arising between grievance, or his designated representative, which shall hereafter mean an ATU Local No. 1293 Executive Board Officer, shall first present the parties relating grievance orally to the interpretationemployee's section supervisor or his designated representative within five (5) working days after knowledge of its occurrence. The supervisor shall then attempt to adjust the matter and shall respond in writing, applicationto the employee or his designated representative, administration or alleged violation within five (5) working days from the date of the Agreement including any question as to whether a matter is arbitrablemeeting. 7.02 At Step 2. If satisfactory settlement is not reached under Step 1, the grievance shall be presented in writing by the employee, or his designated representative, to the Manager or his designated representative in writing within five (5) working days after the expiration of the time formal discipline limit set forth in Step 1 above. Step 3. If satisfactory settlement is imposed not reached under Step 2, the grievance shall be presented by the employee or at any stage his designated representative to the Director of Public Works/Utilities, within five (5) working days after the expiration of the time limit set forth in Step 2 above. Within ten (10) working days of the grievance procedure an employee being presented, the parties shall have hold a meeting to discuss the right upon request grievance. The Department Head shall issue a written decision to the presence employee or his designated representative within five (5) working days from the date of his/her xxxxxxxthe meeting. Step 4. In the case of suspension or discharge the Hospital shall notify If satisfactory settlement is not reached under Step 3, the employee of this right or his designated representative shall resubmit the grievance described in advanceStep 1 above within five (5) working days to the City Personnel Director, or his designated representative, who shall conduct a general review and attempt to settle the grievance within five (5) working days in a written reply. 7.03 It Step 5. If satisfactory settlement is not reached under Step 4, the mutual desire employee or his designated representative may file notice of intention to arbitrate the parties hereto that complaints of employees shall be adjusted as quickly as possiblegrievance, and it if such notice is understood that an employee has no grievance until he has first given filed with the City Personnel Director, or his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor designated representative, within nine ten (910) calendar working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention expiration of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision limit described in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties4 above. Section 4. It is understood and agreed that a representative written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the Canadian Union express purpose of Public Employees and the grievor may be present at the meetingcontractual provision in question. It is further 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 5. Upon receipt of notice of intent to arbitrate a grievance, the City, through its designated representative, and the employee or his designated representative shall meet within sixty (designate60) days and attempt to select an arbitrator by mutual agreement. Section 6. The arbitrator selected in accordance with the procedures of Section 5 of this Article shall have jurisdiction only to interpret, apply, or determine compliance with the express provisions of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms and provisions of this Agreement and he shall consider and render decisions upon only such issues as are directly raised by the written grievance taken to arbitration, which grievance shall not in any way be changed or amended after it is presented in accordance with the provisions of Sections 4 or 5 of this Article. The arbitrator may have such counsel and assistance interpret the express provisions of this Agreement, only insofar as he may desire it is necessary to the determination of the grievance at such meetingissue. Section 7. The decision of the Hospital arbitrator shall be delivered final and binding upon the parties to this Agreement, provided that the arbitrator shall make no award outside the scope of his authority outlined in writing within nine (9) calendar days following Section 6 of this Article, or effecting a change, modification, or addition to this Agreement, and shall confine himself strictly to the date of such meeting. 7.04 A complaint or grievance arising directly between facts submitted at the Hospital hearing, the evidence and stipulations before him, and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the express terms and provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassedAgreement. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitrationSection 8. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under initiated and prosecuted by the Grievance or Arbitration Procedure by: (a) confirming City with regard to actions sanctioned and approved by the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement Transit Union which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation are violations of this Agreement, including any question as to whether a matter is arbitrable, by the filing of such grievance may in writing with the designated representative of the Local No. 1293, Amalgamated Transit Union. Notice shall be submitted given by registered mail. Within thirty (30) days of the date of delivery of such grievance, the designated representative of the Transit Union, and the City, through its designated representative, shall arrange for a meeting in order to arbitration as hereinafter provideddiscuss the grievance. If no The designated representative of the Transit Union shall provide the City, or its designated representative, with a written request for arbitration is received answer to the grievance within eighteen five (185) calendar working days after the decision conclusion of such a meeting. If satisfactory settlement is not reached under Step No. 2 is giventhis procedure, the City may file a notice of its intention to arbitrate the grievance if such notice is filed with the designated employee representative within ten (10) working days after receipt of the Transit Union's answer as provided for in this Section. Selection, jurisdiction, and conclusiveness shall be deemed the same as set out in Sections 4, 5, 6, and 7, above. Section 9. Expenses for the arbitrator's services and the arbitration proceeding in all cases of arbitration shall be borne equally by the parties to have been abandonedthe arbitration, and each party shall be responsible for compensating its own representatives and witnesses and its cost incurred in presenting its case to the arbitrator. Section 10. Where such The time limits provided for in this Article shall be strictly construed and the failure of the Union, individual employee, or City to meet the time limits listed in this Article relative to resubmittal of the grievance or notice of intention to arbitrate shall constitute an unconditional acceptance of the remedy promulgated at the last step, or shall constitute a written request withdrawal of the grievance, whichever is postmarked within sixteenappropriate.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 Section 1: A “grievance” will be defined as any dispute or difference between the Employer and the Union (and/or a member of the bargaining unit) with respect to the interpretation or performance of, or the rights of the parties under this CBA. A grievance must be raised by an employee (or by the Union, on the employee’s behalf) within ten (10) working days of the event or omission of which the employee is complaining. Section 2: (a) If any grievance arises, it will be resolved in accordance with the procedures set forth in this Article. The parties recognize that the time limits set forth in this CBA are jurisdictional and may be extended only upon the mutual written consent of both parties. (b) If an employee alleges that he is aggrieved: STEP 1: If a grievable matter arises that cannot be informally resolved by the employee and immediate supervisor, the Union may reduce the grievance to writing and submit it to the Human Resource Director of the Employer (the “ HR Director”) within ten (10) working days of the event or omission of which the employee is complaining. Submission of the grievance will be by certified mail, return receipt requested. For purposes of service, the Employer and the Union will use the addresses listed in Article 25 of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation CBA. A Business Agent of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, HR Director will meet either in person or by phone conference to discuss the grievance at a time and place suitable within seven (7) working days from receipt of grievance by the Employer. At either party’s option, the aggrieved employee, the Union Xxxxxxx, and/or the aggrieved employee’s supervisor may also be asked to both partiesattend the meeting. The Within ten (designate10) will deliver his decision in writing within nine (9) calendar working days following the day on which conclusion of this conference, the HR Director will submit a written reply to the grievance was presented to him. Failing settlement or responsethe Business Agent by Certified Mail Return Receipt Requested. STEP 2: If the matter is not resolved to the Union’s satisfaction in Step 1, then: Within nine the Union may submit the grievance in writing via Certified Mail – Return Receipt Requested to the Employer’s President (9the “President’), with a copy to the HR Director within ten (10) calendar working days following the decision in conclusion of Step No.11. For purposes of service upon the President, the parties will use the addresses listed in Article 25 of this CBA.; however, the Employer herewith agrees that timely service of a Step 2 grievance may be submitted in writing to upon the HR Director will constitute timely service upon the President. Within ten (designated by Hospital). A meeting 10) working days following the Employer’s receipt of the grievance, the President or his/her designee will then be held between meet with a Business Agent of the (designate) Union or his designee and the Grievance Committee within nine (9) calendar days of Union Xxxxxxx to discuss the submission of grievance; where appropriate, the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor aggrieved employee and/or his/her supervisor may also be present at invited to participate in the meeting. It Within five (5) working days following the conclusion of that conference, the President will submit a written response to the grievance to the Union representative via Certified Mail – Return Receipt Requested. STEP 3: If the grievance is further understood that not resolved in Step 2, either the Union or the Employer may, within fifteen (designate15) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar working days following the date of such meeting. 7.04 A complaint or the President’s written response, appeal the grievance arising directly between to Arbitration. In the Hospital event of Arbitration, the party invoking the Arbitration will request that the Federal Mediation and the Union concerning the interpretation, application or alleged violation Conciliation Service (“FMCS”) submit a list of at least five and no more than seven arbitrators. Upon receipt of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understoodlist of arbitrators, howevereach party, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee beginning with the Hospital at Step No. 2 within seven (7) calendar days after party which requested arbitration, will alternate in striking a name from the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; orlist until only one name remains. (c) by any other arrangement which may If the appropriate Employer representative fails to serve a timely response at either Step 1 or Step 2, the grievance will, for purposes of calculation of the time limits set forth above, be deemed just and equitableto have been denied in its entirety on the last day the Employer’s response could have been timely served. (d) Regardless of whether it is the Union as an entity as opposed to an individual aggrieved employee that is the grievant, the grievance will be timely only if it is submitted within ten (10) working days after the event or omission complained of. (e) For the purposes of Article 11 only, working days will be defined as Monday through Friday (excluding federal holidays listed in Addendum A herein. Wherever If any deadline under these Sections (for either the Hospital deems it necessary Union or the Employer) falls on a holiday recognized by the United States Postal Service, the deadline will be extended to suspend or the first day which is not such a holiday. (f) Where a grievance protests the discharge of an employee, the Hospital shall notify Union and Employer may mutually agree to waive STEP 1 and/or STEP 2 of the Union of such suspension or discharge in writing. The Hospital agrees that it above process so as to permit the grievance to be referred directly to arbitration under Article 11 Section 2 (b) (STEP 3) and will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just causecontinue to Section 3 below. (a) Failing settlement under the foregoing procedure of The neutral arbitrator to whom any grievance between will be submitted in accordance with the parties arising from provisions of Article 11 will have the interpretationauthority to interpret the CBA, applicationto make findings of fact based upon the evidence submitted at the arbitration proceeding, administration and to apply the contractual provisions to said facts. The jurisdiction of an arbitrator selected under Article 11 Section 2 (b) STEP 3 is limited in that the arbitrator has no authority to add to, subtract from, disregard, amend, or alleged violation otherwise change or in any way modify the provisions of this AgreementCBA, and will limit the decision strictly to the interpretation of the language of this CBA. (b) At any arbitration hearing under Article 11, if both parties involved agree to utilize the services of a court reporter, the expenses and fees incurred (including any question as the cost of providing a copy of the record to whether a matter is arbitrable, such grievance may the arbitrator) will be submitted to arbitration as hereinafter providedborne equally by the Employer and the Union. If no written request for arbitration is received within eighteen (18) calendar days after only one party desires to utilize the decision under Step No. 2 is givenservices of a court reporter, it may do so, and that party will pay all of the court reporter’s fees and expenses, and provide a copy of the record to the arbitrator; provided, however, that neither the paying party, the grievance shall arbitrator, nor the court reporter will make a copy of the record available to the non-paying party. (c) The compensation and costs required to be deemed paid to have been abandoned. Where such a written request is postmarked within sixteenthe arbitrator and arbitration service will be borne equally by the Union and the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 9.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement Agreement, including any question as to whether a matter is arbitrablearb itrab le. 7.02 9.02 At the time formal discipline is imposed imposed, or at any stage of the grievance procedure complaint stage, an employee shall have the right upon request to the presence of hisher/her his xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee of this right in advance. 7.03 9.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly quick ly as possible, and it is understood that an employee has no grievance until she/he has first given her/his immediate supervisor the opportunity of adjusting her/his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with her/his immediate supervisor within nine (99 ) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee employee, and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (99 ) calendar days following advice of her/his immediate supervisor's ' s decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.: 7.04 9.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself himself/herself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 9.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately separately, they may present a group grievance in writing identifying each employee who is grieving to the Department Head or her/his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.The 7.06 The release 9.06 Th e relea se or discharge of an employee during the probationary th e probationa ry period shall sha ll not be the th e subject of a grievance grieva nce or arbitrationarbitra tion. A claim cla im by an employee who wh o has completed his probationary h er/h is proba tiona ry period that he sh e/h e has been unjustly discharged discha rged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:sha ll be (a) confirming the Hospital's action th e Hospita l' s a ction in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an th e employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteenor,

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge dis- charge the Hospital shall notify the employee of this right in advance. 7.03 . It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood under- stood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's ’s decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and immediate supervisor will deliver his decision in writing within nine calendar days following the Hospital day on which the grievance was presented to him. Failing settlement, then: Within nine calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine calendar days from the date on which the written grievance was presented to him. The parties may, if they so desiredesire , meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following This step may be omitted where the day on which employee’s immediate supervisor and Department Head are the grievance was presented to himsame person. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, No. the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or his designee. A meeting will then be held between the (designate) Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 3 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 . A complaint or grievance arising directly between the Hospital and the Union concerning the interpretationinterpretation , application or alleged violation of the Agreement shall be originated at Step No. 2 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 . Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 . The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital hospital at Step No. 2 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's ’s action in dismissing the employee; or (b) , or reinstating the employee with or without full compensation for the time lost; or (c) : or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writingwriting . The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) . Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen calendar days after the decision under Step No. it will be deemed to have been received within the time limits. All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. Where either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of calendar days, they shall. then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be authorised to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. 7.02 ” “At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's ’s decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presentedto him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No.1, No. the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or his designee. A meeting will then be held between the (designate) Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 ” “A complaint or grievance arising directly between the betweenthe Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 ” “Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 ” “The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's ’s action in dismissing the employee; or (b) reinstating the or reinstatingthe employee with or without full compensation for compensationfor the time lost; or (c) or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) ” “Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. it will be deemed to have been received within the time Iimi agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees.” “When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon applicationthereto by the party invokingArbitration Procedure.The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labourfor the Province of Ontario to appoint a chairman.” “No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.” “No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.’’ “The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this “The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned.” “Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board.” “The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question questions as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed imposed, or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties1 Step No. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.2 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed.employee 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head Director, Labour Relations or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date of the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreementagreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 7.08 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party to this agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to Arbitration, which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any of the chairman of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of the Labour Relations Act. 7.16 Whenever Arbitration Board is referred to in this Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes All disputes or grievances arising out of the interpretation or application of any of the terms or conditions of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possiblesubmitted for determination and be resolved by the procedures set forth in this Article. No grievance, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he dispute or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it recognized or have occurred or ought reasonably to have come any validity unless called to the attention of the employee and failing settlement within nine (9) calendar daysemployer or Union, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employeewriting, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature an authorized representative of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing or employer within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar 15 days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after time the circumstances giving rise to the grievance have first occurred or ought within the time the Union reasonably should have known of the occurrence. The craft xxxxxxx is to receive grievances or disputes from covered employees and shall immediately report them to the business agent or special representative who shall immediately attempt to adjust said grievance or dispute with the employer or its representative. It is the purpose and the intent of the parties hereto that all grievances or disputes arising between them over the interpretation or application of the terms of this agreement shall be settled by the procedures set forth in this section and that during the term of this agreement, the Union on behalf of whom this agreement is made shall not, call, engage in, sanction or assist in a strike against or any slowdown or stoppage of the work of the employer, and will urge the employees it represents to perform their services for the employer on the work described herein when required by said employer to do so; and during the term of this agreement, a employer signatory to this agreement shall not cause or permit any lockout of the employees represented by the union whose behalf this agreement is made. In cases of violation, misunderstanding, or differences of opinion in interpretation of this agreement by either party, there shall be no cessation or stoppage of work except as in the cases where a signatory employer fails to pay wages due or is delinquent in contributions to any trust fund established under this agreement. Should a controversy, dispute or disagreement arise during the term of this agreement over interpretation, the difference shall be adjusted in the following manner: All complaints, to have come any validity, must be filed in writing within fifteen (15) days after the matter or dispute or disagreement is alleged to have occurred. Errors in paychecks must be filed in writing within ten (10) working days from payday. Upon receipt of a written report setting forth in detail the attention nature of the employee(s)specific issue in controversy, a representative of the union and a representative of the employer shall attempt to reach a settlement of the dispute. The If a settlement is not reached within five (5) days, the dispute or grievance shall then may be treated as being initiated at Step No. 2 referred to arbitration by either or both parties, and the applicable provisions decision of the arbitrator shall be final and binding on all parties and grievant. If within thirty (30) days of the signing of this Article shall then apply with respect Agreement, the parties agree to the processing of meet and select a permanent arbitrator, such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended arbitrator shall be treated selected as a grievance if a written statement follows: The Federal Mediation and Conciliation Service shall be requested to submit the names of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after qualified arbitrators. Each party, through their appointed representatives, shall have the date right to reject three of the discharge names submitted, and the remaining seventh person shall be selected as the permanent arbitrator. The Business Manager and the Director of Labor Relations shall meet yearly to review the performance of the permanent Arbitrator. The Arbitrator’s fee and all incidental expenses shall be paid equally by the parties. No jurisdictional disputes involving the Union on whose behalf this agreement is made shall be submitted under this grievance and arbitration procedure, but shall be determined in the manner provided in Section (6) of this agreement. All Disputes or suspension grievances arising out of the interpretation or application of any terms or conditions of this agreement shall be submitted for determination, and shall be determined by the procedures set forth in this Section (7). It is effected. Such special grievance may be settled under expressly understood and agreed that in the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeeevent of arbitration, the Hospital shall notify the Union of such suspension or discharge arbitrator, in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of determining any grievance between or dispute shall have no authority to modify, vary, change, ad to, or remove any of the parties arising from the interpretation, application, administration terms or alleged violation of conditions in this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteenagreement.

Appears in 1 contract

Samples: Master Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes Any grievance or dispute, which may arise between the parties, concerning the application, meaning or interpretation of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision settled in the following manner and sequence: The employee, who may manner. STEP 1 Grievance shall be accompanied by a xxxxxxx, may submit a written grievance signed first presented informally by the employee aggrieved employee/ and/ or local represenatative to (designated by Hospital). The grievance the Marshal and/or designee involved and an xxxxxxx effort shall identify the nature of be made to adjust the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss in an informal matter. STEP 2 If the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision is not resolved in Step No.1One, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 reduced to writing by the grievant or the union and the applicable provisions of this Article shall then apply with respect presented within 30 days to the processing of such grievance. 7.06 Marshal. The release Marshal shall meet with the grievant and or discharge of an employee during the probationary period shall not be union within 10 days from the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period date that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such the grievance is lodged by presented to him/herthem and shall answer the employee with the Hospital at Step No. 2 grievance in writing within seven (7) calendar 10 days after the meeting. STEP 3 If the grievance is not resolved in Step 2, it shall be presented to the Mayor within 30 calendar days from the receipt of the Marshal’s Step 2 response. The Mayor shall meet with the grievant and or the union within 10 days from the date of filing Step 3 request to discuss the discharge grievance. The Mayor shall answer the grievance within 10 days of the Step 3 meeting. STEP 4 If the grievance is not resolved in Step 3, the union, within 30 days may demand arbitration to the American Arbitration Association. The Union will provide the City with a copy of the arbitration demand. All days referenced above are calendar days. Both the City and the Union may agree to extend the time periods by mutual consent. A failure to respond or suspension is effected. Such special answer a grievance may by the City at Step 2 and Step 3 shall be settled under considered a denial, and in those instances, the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation time period for filing for the time lost; or (c) by any next step in the grievance process shall commence on the 11th day following the grievance meeting. In all other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employeeinstances, the Hospital time period for filing the next step shall notify commence upon the Union Union’s receipt of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just causethe City’s answer. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 Section 1. For purposes the purpose of this Agreement, the term “grievance” means a grievance is defined as a difference arising dispute between the parties relating to Employer and a non-probationary employee concerning the interpretation, application, administration meaning, or alleged violation interpretation of this Agreement, personnel policies, or other material terms and conditions of employment, including provisions as provided by state law. Section 2. All grievances shall be settled in accordance with the following procedure, time being of the Agreement including any question as to whether a matter is arbitrable.essence: 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaintSTEP 1. The grievor may have grievant, or a Union representative acting upon specific written authorization from the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar daysgrievant, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employeeshall, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after of the date occurrence of the discharge or suspension is effected. Such special grievable event, present the grievance may be settled under in writing to the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writinggrievant’s immediate supervisor. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just causesupervisor shall attempt to resolve the dispute and shall respond in writing to the grievant within fourteen (14) calendar days. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter providedSTEP 2. If no satisfactory settlement is reached between the immediate supervisor and the aggrieved employee or a Union representative, acting upon STEP 3. If no satisfactory settlement is reached between the division administrator and the aggrieved employee or a Union representative, acting upon specific written request for arbitration is received within eighteen (18) calendar days after authorization from the decision under Step No. 2 is givengrievant, the grievance shall be deemed presented within seven (7) calendar days in writing to have been abandonedthe Commissioner of Labor. Where The Commissioner shall attempt to resolve the dispute and shall respond in writing to the aggrieved employee or union officer within fourteen (14) calendar days. STEP 4. If no satisfactory settlement is reached between the Commissioner of Labor and the aggrieved employee, the union may, within seven (7) calendar days, with written permission of the grievant, through one of its officers, submit the dispute to arbitration by written notice to the Commissioner of Labor and the Chief of the Labor and Employee Relations Bureau. Within seven (7) calendar days of such notification, the employer and the union shall select an arbitrator by the following method: a. The parties to this Agreement shall attempt to mutually select an arbitrator. If no such person can be found who is acceptable to both parties, then; b. The parties shall request a list of five (5) arbitrators from the Federal Mediation and Conciliation Service. Upon receipt of such a written request is postmarked list the parties shall select the arbitrator within sixteenfourteen (14) calendar days. The arbitrator chosen shall be contacted immediately and requested to start proceedings as soon as possible. During the arbitration proceedings, only information considered in the previous step shall be admitted. The arbitrator’s decision shall be final and binding on both parties to this Agreement. The arbitrator shall have no power to alter in any way or add to the terms of this Agreement. The arbitrator’s decision shall be rendered within 45 calendar days after the conclusion of arbitration proceedings.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he the employee has first given his immediate supervisor his/her manager or designate the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor his/her manager or designate within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's the manager’s decision in the following manner and sequence: : Step 1 The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his/her manager or designate. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) manager or designate will deliver his a decision in writing within nine (9) calendar days following the day on which the grievance was presented to himpresented. Failing settlement or responsesettlement, then: : Step 2 Within nine (9) calendar days following the decision in Step No.11, the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator or designate. A meeting will then be held between the (designate) Hospital Administrator or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 1 unless extended by agreement of the parties. It is understood and agreed that a representative Representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator or designate may have such counsel and assistance as he he/she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated as a policy grievance at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head manager or his designee designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his the probationary period that he he/she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) a. confirming the Hospital's ’s action in dismissing the employee; or (b) b. reinstating the employee with or without full compensation for the time lost; or (c) c. by any other arrangement which may be deemed just and equitable. Wherever Whenever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The , the Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his the probationary period, without just cause. (a) 7.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteensixteen (16) calendar days after the decision under Step 2, it will be deemed to have been received within the time limits. 7.08 All agreements reached under the grievance procedure between the Representatives of the Employer and the Representatives of the Union will be final and binding upon the Employer and the Union and the employees. 7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairperson of the Arbitration Board. If they are unable to agree upon such a chairperson within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairperson. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairperson will be final and binding upon the parties hereto and the employee or employees concerned. 7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairperson of the Arbitration Board. 7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to reasonably comply with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6)

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, Section One: Step #1: Within fifteen (15) days (excluding Saturdays and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9Sundays) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention occurrence of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are an alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1grievance, the Union shall submit such grievance may be submitted in writing to the Section Supervisor. Within ten (designated 10) days (excluding Saturdays and Sundays) after the receipt of said notice, said Supervisor shall arrange to and shall meet with said Union for the purpose of adjusting or resolving such grievance. Such Supervisor shall render a decision within ten (10) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the satisfaction of the Union, the Union may, within ten (10) days (excluding Saturdays and Sundays) of such decision, initiate Step #2 of this procedure. Step #2: Further review of such grievance shall be made by Hospital)presenting in writing such grievance to the Superintendent of Schools. A Within ten (10) days (excluding Saturdays and Sundays) after receipt of said notice, the Superintendent or his delegate shall arrange to and shall meet with the Union for the purpose of adjusting or resolving such grievance. The Superintendent or his delegate shall render a decision in writing concerning such grievance within ten (10) days (excluding Saturdays and Sundays) of such meeting. Step #3: Further review of such grievance shall be made by presenting in writing such grievance to the Board of Education of the Town of Fairfield. Within twenty (20) days (excluding Saturdays and Sundays) after the Board receives such grievance, the Board shall have the option of meeting will then with the Union for the purposes of adjusting or resolving such grievance. The Board shall render a decision in writing concerning such grievance within thirty (30) days (excluding Saturdays and Sundays) after notification to it. If such grievance is not resolved to the satisfaction of the Union, the Union, may initiate Step #4 of this procedure. Step #4: Further review of such grievance shall be held between made by submitting this dispute to arbitration by the American Arbitration Association within fifteen (designate15) days (excluding Saturdays and Sundays) of notification of the decision of the Board. The notice of arbitration shall include a brief statement of the issues to be decided by the arbitrator and the Grievance Committee within nine (9) calendar days specific provisions of the submission agreement involved. Said Association shall hear and act on such dispute in accordance with its rules of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meetingvoluntary labor arbitration. The decision of the Hospital arbitrator, if made in accordance with his jurisdiction and authority under this agreement, shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital final and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step Nobinding on all parties. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure bySection Two: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a Section 1. A grievance is defined shall be described as a difference dispute or complaint arising between the parties relating to hereto under or out of this Agreement or the interpretation, application, administration performance, disciplinary action, termination, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees breach thereof, and shall be adjusted as quickly as possible, processed and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity disposed of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure bymanner: (a) confirming Step 1: Within a reasonable time, not to exceed five (5) calendar days, excluding weekends and holidays, following the Hospital's action date of occurrence, or date when such dispute should have been reasonably discovered, whichever is later, an Employee having a grievance and / or his / her Union representatives shall put the grievance in dismissing writing and take it to the employee; orAssistant Chief on his shift. The Assistant Chief or his / her designee shall give his / her answer to the Employee and / or his / her Union representative within five (5) calendar days, excluding weekends and holidays, after the presentation of the grievance in Step 1. Within this ten (10) calendar day period from the date of the occurrence or discovery to the Step 1 answer, excluding weekends and holidays, the Employee is encouraged to seek to resolve his grievance on an informal basis. (b) reinstating Step 2: If the employee with grievance is not settled in Step 1, the grievance may, within five (5) calendar days, excluding weekends and holidays, after the answer in Step 1, be presented in Step 2 in writing to the Fire Chief or without full compensation for his / her designee. A grievance so presented in Step 2 shall be answered by the time lost; orFire Chief or his / her designee within five (5) Calendar days, excluding weekends and holidays, after its presentation. (c) by any other arrangement which may be deemed just and equitable. Wherever Step 3: If the Hospital deems it necessary to suspend or discharge an employeegrievance is not settled in Step 2, the Hospital grievance may, within five (5) Calendar days, excluding weekends and holidays, after the answer in Step 2, be presented in Step 3 in writing to the Township Administrator, or if none exists, to the President of the Board of Township Trustees. A grievance so presented in Step 3 shall notify be answered by the Union Township within five (5) Calendar days, excluding weekends and holidays, after either its presentation to the Administrator or the date of such suspension or discharge in writing. The Hospital agrees that it will not suspendthe meeting, discharge or otherwise discipline an employee who has completed his probationary period, without just causewhichever is later. (ad) Failing settlement under Step 4: A grievance that has not been resolved at Step 3 may, within ten (10) Calendar days, excluding weekends and holidays, be referred for arbitration by either party to this Agreement by directing a written demand therefore to the foregoing procedure Arbitration and Mediation Service (“AMS”) or American Arbitration Association (“AAA”) at the choice of the requesting party and by sending a copy of the notice to the other party. (1) The arbitrator shall be a mutually agreed upon neutral third party selected from a list furnished by AMS or AAA of nine (9) potential arbitrators who maintain offices within one hundred (100) miles of Liberty Township, Ohio. The arbitration shall be conducted in accordance with AMS or AAA rules. (2) Costs of the services of AMS or AAA, the fee of the arbitrator, and rent (if any) for the hearing room shall be borne equally by the Township and the Union. The expenses of any grievance between non-Employee witness shall be borne, if at all, by the party calling them. The fees of the court reporter shall be split equally, if both parties arising from request a copy of the interpretationtranscript. (3) The award of the arbitrator hereunder shall be final and binding upon the Township, applicationthe Employee(s) involved, administration and the Union. (4) The arbitrator’s sole function shall be to interpret this Agreement. The arbitrator shall not have any authority to add to, subtract from, or alleged violation modify any of the terms of this Agreement. (5) The question of arbitrability of a grievance must be raised by either party before the arbitration hearing of the grievance, including any question as to whether a on the grounds that the matter is arbitrablenon-arbitrable or beyond the arbitrator’s jurisdiction. If the arbitrator determines the grievance is within the purview of arbitrability, the alleged grievance shall be heard on its merits before the same arbitrator. Section 2. Where a group of Employees are affected in the same manner involving an alleged grievance, such grievance grievances may be submitted combined and processed as one grievance. Only one (1) Employee will be required to prosecute the grievance. Section 3. Any disposition of a grievance from which no appeal is taken by the aggrieved Employee or the Union within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration as hereinafter providedprocedure. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is givenEmployer fails to timely respond to a grievance as provided herein, the grievance shall be deemed denied and automatically proceed to have been abandonedthe next step. Section 4. Where Time limits, grievance steps, or other procedural matters required under this Article may only be waived and / or extended by written mutual agreement of the parties. Section 5. An Employee serving an initial bargaining unit probationary period shall not be permitted or entitled to use the arbitration procedure for any disciplinary purpose. Section 6. It is the intention of the parties that as to all matters involving discipline and termination of Employees that this Agreement’s procedures apply in lieu of the otherwise applicable provisions of Ohio law, including Ohio Revised Code § 505.38, et seq. Section 7. In each step of the grievance procedure, representatives may be present at such meetings to help bring resolution to the grievance at the earliest point possible in the interests of both parties to this Agreement. Witnesses and / or evidence may be presented which may relate to the resolution of the grievance. Section 8. The Township and the Union shall jointly develop a written request is postmarked within sixteengrievance form, which will be made readily available to all bargaining unit Employees upon request. Section 9. An Employee shall be given a reasonable time to consult with his / her designated representative during the working hours relative to a grievance matter after first notifying his / her immediate supervisor of such desire. Such privilege will not be abused by the Employee, shall not be unfairly withheld by the supervisor, and shall be consistent with the mutual duties of all parties to assure the safety of the citizens.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, applicationapplica- tion, administration or alleged violation of the Agreement agreement including any question questions as to whether a matter is arbitrable. 7.02 . At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 . It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably reason- ably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following follow- ing manner and sequence: The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should The identify the provisions of the Agreement which are alleged to be violated. The Union and immediate supervisor ment, then: Within nine (9) calendar days following the Hospital decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following This step may be omitted where the day on which employee’s immediate supervisor and Department Head are the grievance was presented to himsame person. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, No. the grievance may be submitted in writing to the (designated by Hospital)Hospital Chief Executive Officer or his designee. A meeting will then be held between the (designate) Hospital Chief Executive Officer or his designee and the Grievance Committee within nine (9) calendar days of the submission of the the-grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor griever may be present at the meeting. It is further understood that the (designate) Chief Executive Officer or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 . A complaint or grievance arising directly between the Hospital and the Union concerning the interpretationinter- pretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances circum- stances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute insti- tute and the regular grievance procedure shall not be thereby bypassed. 7.05 . Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 . The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes 14.01 A grievance shall be a difference of the interpretation of this Agreement or an alleged violation concerning the meaning, application, or administration of this Agreement, . Every grievance shall be subject to the grievance and arbitration procedure set out in this Article. Step 1 When a Nurse has a grievance is defined as a difference arising between the parties relating to the interpretationshe may, application, administration or alleged violation within seven (7) working days of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed discovery or at any stage occurrence of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances incident giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar daysgrievance, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to first discuss the grievance at a time and place suitable with her immediate management supervisor who shall provide her with an answer within seven (7) working days. Step 2 Should the verbal answer given by the immediate management supervisor not be acceptable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1grievor, the grievance may shall be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days head of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 nursing department within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writingworking days. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just causehead of the nursing department shall give a decision in writing within seven (7) working days of receipt of the grievance. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. Step 3 If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 of the head of the nursing department is givennot acceptable to the grievor, the grievance shall be deemed referred to have been abandonedthe Union; and, if supported by the Union, shall be referred to the Administrator or designate within seven (7) working days of the receipt of the grievance. Where The General Manager or designate shall convene a meeting as soon as reasonably possible with the Union if requested to do so by either party. The Administrator or designate shall reply in writing within seven (7) working days of such a written request meeting. If the decision of the General Manager or designate is postmarked not acceptable to the Union, the Union shall notify the Administrator or designate in writing within sixteenfifteen (15) working days that the grievance will be proceeding to arbitration. 14.02 For the purpose of Article 14, “working day” excludes Saturday, Sunday and Holidays.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Step No. 2‌ Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital)Vice President, Workplace Health or designee. A meeting will then be held between the (designate) Vice President, Workplace Health or designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Vice President, Workplace Health or designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes 11.01 A grievance is defined to be a complaint by any employee or group of employees within the Unit, or by the Union, based upon an event or condition which is claimed or considered to be a violation, misinterpretation, or misapplication of this Agreement. 11.02 No grievance shall be processed unless it is presented within ten (10) calendar days of its occurrence or knowledge of its occurrence. The time limits set forth in 11.07, a grievance Steps 1 through 4 may be extended for good cause shown or by mutual consent of the parties. Time limits set forth herein, or agreed upon shall be considered as substantive and failure to conform to them shall mean default by the party failing to conform. 11.03 The Unit Chairperson, and in the absence of that official, the Local Union Financial Secretary-Treasurer and the Local Union President and Xxxxxxx as described in 11.07, shall be allowed time off the job without loss of time or pay to investigate and process grievances or complaints filed with the Michigan Employment Relations Commission or complaints filed against the Union with any governmental tribunal. Arrangements to be off the job shall be made by the supervisor as expeditiously as possible. It is defined as a difference arising between understood by the parties relating that the investigation or consultation on grievances shall be conducted expeditiously and with as little interruption of work as possible by all parties concerned. 11.04 Relative to the interpretationgrievance that is being processed, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or no employee at any stage of the grievance procedure an employee shall have the right upon request be required to the presence of his/her xxxxxxx. meet with any supervisor or administrator without Union representation. 11.05 In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of event the parties hereto that complaints of employees shall be adjusted as quickly as possiblereach agreement during the grievance procedure, up to and including 11.07, Step 3, and it is understood that an employee has no without establishing a precedent, such grievance until he has first given his immediate supervisor may be withdrawn without prejudice. However, the opportunity of adjusting his complaintgrievance withdrawn may not be reinstated unless new information becomes available. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as If such a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employeeis reinstated, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital mayfinancial liability, if they so desireany, meet to discuss shall date only from the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which date the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted filed in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of date the grievance at Step No. 2 unless extended by agreement of was withdrawn and from the parties. date the grievance was reinstated until the date the grievance is finally settled. 11.06 It is understood and agreed that a representative no employee shall be penalized or denied promotion and/or transfer for utilization of the Canadian Union of Public grievance procedure. 11.07 Grievances shall be presented in the following manner: Step 1 - Employees and who believe they have a grievance may discuss the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meetinggrievance with their Xxxxxxx. The decision supervisor shall make arrangements for the employee to be off the job to discuss the complaint with the Xxxxxxx. If the Xxxxxxx determines that a grievance exists, the Xxxxxxx may discuss the grievance with the employee's immediate supervisor with the objective of resolving the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meetingmatter informally. 7.04 A complaint or (a) If the grievance arising directly between has not been settled, the Hospital Xxxxxxx shall reduce it to writing and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise present it to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee Human Resources Director within fourteen ten (1410) calendar days after the circumstances giving rise meeting set forth in Step 1. A meeting between the Xxxxxxx, the Unit Chairperson, the Local Union President and representatives of the Employer will be arranged to discuss the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating The Union representative may meet on the employee Employer's property for a reasonable period of time immediately preceding the meeting with or without full compensation for the time lost; orHuman Resources Director. (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Within five (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (185) calendar days after the decision under Step No. 2 is givensuch meeting, the grievance Human Resources Director shall be deemed submit an answer in writing to have been abandoned. Where such a written request is postmarked within sixteenthe Unit Chairperson.

Appears in 1 contract

Samples: Uaw Pool Contract

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance 9.01 The Employer and the Union agree that it is defined as a difference arising between the parties relating important to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that adjust complaints of employees shall be adjusted and grievances as quickly as possible, and it . It is understood that an employee a nurse has no grievance until he she has first given his immediate supervisor discussed her complaint with her Immediate Supervisor/ designate and the opportunity of adjusting his complaintmatter has not been resolved. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such nurse will discuss her complaint shall be discussed with his immediate supervisor within nine seven (97) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar daysnurse. In computing the days for taking any action or giving any notice, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employeeSaturdays, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement Sundays or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure holidays shall not be thereby bypassedcounted. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. 9.02 A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such formal grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge defined as an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from alleged difference over the interpretation, application, administration or alleged violation of this Agreement, 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 article of this Collective Agreement and must be filed within ten (10) days of the circumstance giving rise to the grievance. 9.03 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 Manager, such Home Care, or designate, who shall give her decision within five (5) days of receipt of the grievance. If the grievance is not satisfactorily resolved at Step #1, the employee may submit the written grievance to the Executive Director or her designate within five (5) days following the decision in Step #1. A meeting will be held between the Employer and the grievance committee within ten (10) days of the referral. It is agreed that a staff representative of the Union may be submitted present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Employer's decision will be delivered within five (5) days of the 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. 9.04 Should the matter not be resolved, it shall be referred to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen ten (1810) calendar days after of reply. The parties will first consider and thus may agree upon a sole arbitrator to hear the decision under Step Nomatter. 2 If there is givenno agreement, then the grievance parties shall be deemed to have been abandonednotify one another in writing within a further ten (10) calendar days, of the name of their respective nominee. Where such Such nominees shall select a written request is postmarked chair within sixteena further ten

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital)his/her immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital)Hospital Administrator/Designate. A meeting will then be held between the (designate) Hospital Administrator/Designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Hospital Administrator/Designate may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming Confirming the Hospital's action in dismissing the employee; or (b) reinstating Reinstating the employee with or without full compensation for the time lost; or (c) by By any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 13.01 For purposes of this Agreementagreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is arbitrable. 7.02 13.02 At the time formal discipline is imposed or at any stage of the grievance procedure procedure, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge discharge, the Hospital shall notify the employee of this right in advance. 7.03 13.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his his/her complaint. The grievor may have the assistance of a union xxxxxxx if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's ’s decision in the following manner and sequence: . The employee, who may be accompanied by a xxxxxxx, employee may submit a written grievance signed by the employee to (designated by Hospital)his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or responsesettlement, then: Step No. 2 Within nine (9) calendar days following the decision under Step No. 1, the employee may submit the written grievance to his Department Director who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Step No. 3 Within nine (9) calendar days following the decision in Step No.1No. 2, the grievance may be submitted in writing to the (designated by Hospital)Vice President of Human Resources or his designee. A meeting will then be held between the (designate) Vice President of Human Resources or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 3, unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Brewery, General and Professional Workers’ Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) Vice President of Human Resources or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 7.04 13.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement agreement shall be originated at Step No. 2 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. 7.05 13.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately separately, they may present a group grievance in writing identifying each employee who is grieving to the Department Head Director or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 7.06 13.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Agreement

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