GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps: A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance. B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue. C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer. D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains. E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement. F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction. G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto. 17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. 4-1 A grievance, which grievance is defined as a any dispute which arises regarding an interpretation, application, or alleged violation of an express written term any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, need individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be considered construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless notification the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing is served by either party. Verbal extensions shall be confirmed in writing by the Union upon party making the Employer request within fourteen two (142) calendar days Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the occurrence giving rise problem with his/her Immediate Supervisor or Appropriate Administrator prior to the filing a formal grievance.
B. When (b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute informal discussions will be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within held no later than thirty (30) calendar days of Days from the date last day the Union receives the Employer’s final answeralleged violation occurred.
D. In the event the Parties are unable to agree upon the selection (c) It is understood and agreed that all aspects of an arbitrator within five (5) calendar dayssuch informal discussions, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator if any, which take place shall have no power to add to, subtract from, amend, change bearing or otherwise modify precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this AgreementArticle.
F. The Arbitrator’s decision (d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be final acknowledged by both parties and binding on both Parties provided it does not exceed forwarded to the limits found herein Association and neither Party has had the Arbitratorsuperintendent’s award vacated by designee, Employee-Management Relations. The absence of such a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration written resolution shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds serve as notice that the matter in question is not arbitrableformal grievance procedure may be initiated.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 11.1 A grievance is a complaint by any employee or group of employees involving an alleged violation and/or interpretation of any provision of this contract should Agreement.
11.2 The Union may bring a verbal complaint to the Company regarding working conditions not covered by the Bargaining Agreement. A response will be provided to the Union Representative and employee within five (5) working days.
11.3 A grievance shall be presented to the Store Director by the grieving partyimmediate supervisor orally. If it is not satisfactorily settled, either the Union in appropriate cases or the employee. It is the joint responsibility it will then be reduced to writing and must include: a. A statement of the Store Director grievance, the date, and the grieving Party to attempt to solve facts upon which it is based and the problem section of the contract violated. b. The proposed remedy or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:correction.
A. A grievance, which is defined as 11.4 When a violation of an express written term of this Agreement, need not be considered unless notification in writing is served grievance has been presented by the Union upon to the Employer within fourteen (14) calendar days Company, representatives of the occurrence giving rise Company shall not discuss or attempt to adjust the grievance directly with the aggrieved employee or group of employees.
11.5 A written grievance shall be presented to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) Customer Operations Manager within thirty (30) calendar working days of the date occurrence out of which the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator grievance arose. The Customer Operations Manager shall present a written response within five (5) calendar working days.
11.6 If a satisfactory settlement is not reached at this level, the Federal Mediation and Conciliation Service grievance shall be asked presented within ten (10) working days thereafter to the Labor Relations Representative. A response shall be presented in writing within ten (10) working days.
11.6.1 The provisions of this Article shall not prevent either party from discussing a grievance at any level of the grievance procedure in order to settle the grievance. Grievances not so presented within the time limits described shall be considered as non-arbitrable; however, time limits may be waived by mutual agreement.
11.7 Grievance meetings shall be held promptly upon reasonable request from either party to the other. The place of meeting shall be mutually agreed upon, with each party giving due consideration to the convenience to the other.
11.8 Authorized Union Representatives investigating grievances as described above may do so on Company premises. Such investigations must be mutually prearranged between the appropriate Manager and the appropriate Union Officer and conducted in an orderly manner.
11.9 Aggrieved employees and authorized Union Representatives meeting with the Company in grievance meetings for the purpose of discussing grievances in an attempt to settle such grievances shall suffer no loss in regular straight-time pay as a result of time lost from scheduled work. The number of employees who shall suffer no loss of regular pay as set forth herein shall be not more than two (2) at any level of the grievance procedure.
11.10 Any grievance which cannot be satisfactorily resolved under the steps of the grievance procedure may be submitted for arbitration by the Union upon written notice to provide the Company and the American Arbitration Association within forty-five (45) days after receipt of the Labor Relations Representative’s answer. An arbitrator will be selected according to the rules of AAA. 11.
10.1 The time periods referred to in this Article exclude Saturdays, Sundays and holidays recognized in the contract.
11.11 The Company and the Union shall each Party with a list bear the cost of fifteen (15) arbitratorsits witnesses, attorneys, and preparation of their own cases. The selection cost of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add toarbitrator, subtract fromand any expenses incurred in connection with his work, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties heretoCompany and the Union.
17.2 Any 11.12 The Company and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving Union agree to accept the interpretation or application decision of the terms of this Agreement arbitrator as final and binding; but, in no case shall be settled the arbitrator render a decision on any question not originally submitted to him, it being understood that the arbitrator shall have the power to interpret and resolved by render decisions based upon the procedures and in the manner set forth in this Section 17. If a question express provisions of the arbitrability Agreement. The arbitrator shall have no power to modify, change, add to or subtract from the express provisions of the Agreement nor shall he have the power to render an issue is raised by either Party, such question award which shall be determined in make effective any provisions of the first instance by the arbitrator or board. Neither Party Agreement for any period subsequent to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableits termination date.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 12.1. Employees shall immediately first informally discuss grievances with their immediate supervisor. A xxxxxxx may accompany the aggrieved Employee, if he or she requests.
12.2. Any dispute relating to the Store Director by interpretation of or adherence to the grieving party, either terms and provisions of this Agreement shall be handled in accordance with the following procedures:
Step 1. The aggrieved employee and/or Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to shall attempt to solve adjust the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon grievance with the Employer within fourteen ten (1410) calendar days of the occurrence event giving rise to the grievance. Grievances related to wages shall be timely if received by the Employer no later than sixty (60) calendar days following the date of receipt of the check by the employee.
B. When such notification Step 2. If the grievance is servednot resolved in Step 1, it shall be reduced to writing, shall specify in detail the alleged violation of the Agreement, and shall be received by the Employer no later than ten (10) calendar days following the Step l meeting. Within ten (10) calendar days following receipt of the grievance by the Employer, or his representative, representatives of the Employer and the Union shall meet the Union and attempt to resolve the grievance. The time for said meeting may be extended by mutual agreement.
Step 3. If the grievance is not resolved in Step 2, either party may refer the matter to Federal Mediation and Conciliation Services for non-binding mediation. Either party may opt to bypass this step and go immediately to Step 4.
Step 4. If the grievance is not resolved in Step 3, either party may refer the matter to arbitration. Any demand for arbitration shall be in writing and must be received by the other party within ten (10) calendar days following the Step 3 meeting. The Employer and the Union shall attempt to agree on a neutral arbitrator who shall hear and determine the dispute. If no agreement is reached, the arbitrator shall be selected from a list of seven (7) neutral arbitrators to be submitted to the parties by the Federal Mediation and Conciliation service. The Employer and Union shall each alternately strike one (1) name, and the order of striking shall be determined by chance. The remaining arbitrator, after each party has made three (3) strikes, shall hear and determine the dispute.
12.3. The authority of the arbitrator shall be limited to making an award relating to the interpretation of or adherence to the written provisions of this Agreement, and the arbitrator shall have no authority to add to, subtract from or modify in any manner the terms and provisions of this Agreement. The award of the arbitrator shall be confined to the issues raised in the written grievance and the arbitrator shall have no power to decide any other issue.
C. If 12.4. The standard of proof shall be the Parties are unable to resolve preponderance of the disputeevidence or clear and convincing evidence and never shall be the standard of beyond a reasonable doubt. In cases of disciplinary action, the Union may request that standard of proof shall be clear and convincing evidence.
12.5. The award of the dispute arbitrator shall be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) made within thirty (30) calendar days following the close of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorshearing. The selection award of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed upon the limits found herein Employer, Union and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. employees involved. The Arbitrator’s fee fees and all incidental expenses of the neutral arbitrator shall be divided equally between the Employer and the Union.
12.6. The time limitations set forth herein relating to the time for filing a grievance and the demand for arbitration shall be borne equally mandatory. Failure to follow said time limitations shall result in the grievance being permanently barred, waived and forfeited, and shall not be submitted to arbitration. The time limitations provided herein may be extended by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application mutual agreement of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableparties.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented A. Subject to any limitation of existing law, any grievance, defined in the Store Director by Municipal Employees Relations Ordinance Article 12, Section 1-1(g) as a dispute concerning the grieving party, either the Union in appropriate cases application or the employee. It is the joint responsibility interpretation of the Store Director terms of this Memorandum of Understanding or a claimed violation, misrepresentation or misapplication of the rules or regulations of the Employer affecting the terms and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result conditions of employment, may be settled in the following stepsmanner:
A. STEP 1: A grievance, which is defined as a violation of an express written term of this Agreement, need not grievance may be considered unless notification in writing is served by initially filed orally with the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) aggrieved employee's immediate supervisor within thirty (30) calendar days from the event or when the aggrieved employee should have reasonably known of the date grievance. The designated Lodge Representative may represent the Union receives employee in presenting the Employer’s final answergrievance. The parties shall attempt to resolve the grievance informally. Consultation with second level supervision is permissible provided all parties agree. STEP 2: If not resolved at Step 1, the grievance shall be filed in writing with the District Section, or Unit Commander. (The “Sections” or “Units” referred to in this paragraph are the Police Commissioner's Staff, Divisions, and Sections, the Staff, Sections, and Units of the Deputy Commissioners, and the Sections within the Neighborhood Patrol Division, Criminal Investigation Division, Administrative Bureau, Public Integrity Bureau, and Compliance Bureau). The writing shall state generally the substance of the grievance and identify the aggrieved employee. The parties shall meet within seven (7) days of the filing of the grievance at this step to discuss its substance. The District or Unit Commander shall give his decision in writing within seven (7) working days after the aforesaid meeting.
D. In STEP 3: If not resolved at Step 2, the event grievance may be presented to the Parties are unable to agree upon relevant Division Chief or Deputy Commissioner (Neighborhood Patrol Division, Criminal Investigation Division, Administrative Bureau, Public Integrity Bureau, and Compliance Bureau), who shall meet with the selection designated Lodge Representative and the aggrieved party within ten (10) working days after the grievance has been denied, and shall give his answer in writing within ten (10) working days of this meeting. Special Provision - STEP 3: Within thirty (30) days of an arbitrator alleged grievance, the Lodge is authorized to present said grievance at this step if the grievance affects a significant number of employees in more than one (1) District, Section, or Unit. Should this provision be used, the relevant Division Chief or Deputy Commissioner will meet with the Lodge Representative(s) within ten (10) working days of the filing of said grievance and will provide, in writing, an answer within fourteen (14) days following the aforementioned meeting.
STEP 4: If the grievance is not resolved at Step 3, the grievance may be presented to the Police Commissioner or designee who shall meet with the designated Lodge Representative(s) within ten (10) working days of the denial and shall give his response within fourteen (14) working days of the meeting. STEP 5:
a) If a grievance has not been satisfactorily resolved at Step 4, the Lodge may, within ten (10) working days of the completion of Step 4, initiate arbitration by written notice to the Police Commissioner and the Labor Commissioner of the Lodge's decision to arbitrate.
b) Within five (5) calendar daysworking days after receipt of the notice, the Federal Mediation and Conciliation Service parties shall be asked by the Union attempt to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17agree upon an arbitrator. If a question of the arbitrability of an issue is raised by either Partysuch attempts fail, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.within ten
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A "grievance, which " is defined as any complaint that Management is in non-compliance with a violation specific provision of this Agreement; provided, however: If specific administrative agency relief of a judicial nature is provided for by the statutes of the State of Ohio or the United States for review or redress of a specific matter (such as Worker's Compensation, Unemployment Compensation, Board of Review, E.E.O.C., Civil Rights Commission), such matter may not be made the subject of a grievance and may not be processed as such. If a grievance arises between an express written term employee and Management and/or the Council and Management with respect to the interpretation, application, or enforcement of the provisions of this Agreement, need not such grievances shall be considered unless notification in writing is served by handled as follows: The employee shall first discuss his/her grievance with his/her first line supervisor, with the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is servedXxxxxxx present, the Employer, or his representative, shall meet the Union and attempt to resolve the issuedispute.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. Step 1. First Line Management and/or Superintendent In the event the Parties are unable dispute is not resolved in accordance with the above paragraph, the aggrieved employee shall deliver his/her written grievance to agree his/her immediate supervisor outside the bargaining unit within ten (10) calendar days after the employee has knowledge of, or should have had knowledge of the incident upon which the selection alleged grievance is based. The supervisor and/or Division Manager will answer the grievance in writing within ten (10) workdays after receipt. If the employee is not satisfied with the written answer of an arbitrator the supervisor and/or Division Manager, he/she may refer the grievance to the Second Step of the grievance procedure. If the employee does not refer his/her grievance to the Second Step of the grievance procedure within ten (10) workdays after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved. The grievance as prepared in Step 1 shall be prepared in five (5) calendar days, copies by the Federal Mediation grievant and Conciliation Service given to the supervisor under Step 1. The supervisor shall make distribution of said copies as follows: Retain one (1) and deliver: One (1) copy to the Manager of the Division One (1) copy to the Director of the Department One (1) copy to HR The fifth (5th) copy shall be asked retained by the Union to provide each Party with employee If, through inadvertence, a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question copy is not arbitrabledistributed pursuant to the above, it shall not prejudice the grievance.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 20.1: In a mutual effort to provide a harmonious working relationship between the parties to this contract should Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between an employee and the City of Coconut Creek, and that such procedure shall cover grievances involving the application or interpretation of this Agreement and those involving discipline. All grievances shall be processed exclusively pursuant to this Article. Pursuant to Section 447.301(4) Fla. Stat., employees covered by this Agreement shall have the right to be represented in the determination of grievances on all terms and conditions of employment. Employees shall have the right to refrain from exercising the right to be represented. Nothing in this Article shall be construed to prevent any employee from presenting, at any time, an employee’s own grievance in person or by legal counsel, to the City, and having such grievance adjusted without the intervention of the PBA, if the adjustment is not inconsistent with the terms of this Agreement, and if the PBA has been given reasonable opportunity to be present at any meeting called for resolution of such a grievance. The parties agree, however, that the PBA shall have the exclusive right to take grievances regarding the application and interpretation of the Agreement (i.e., non-disciplinary matters) to arbitration, and that the City shall not be obligated to proceed to arbitration on non- disciplinary matters for which the employee is not represented by the PBA. Where a grievance is general in nature, in that it applies to a number of members rather than a single member, such grievance shall be presented in writing by the PBA directly to the Store Director Chief of Police, within the time limits provided for the submission of a grievance in Step 1. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step 4.
20.2: Time is considered to be of the essence for purpose of this Article. Accordingly, any grievance not submitted or processed by the grieving partyparty in accordance with the time limits provided below shall be considered conclusively abandoned and shall be barred, either the Union in appropriate cases forfeited and foreclosed for all contractual or the employee. It is the joint responsibility of the Store Director legal purposes and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation forfeiture of an express written term of this Agreement, need all rights to arbitration. Any grievance not be considered unless notification in writing is served answered by management within the Union upon time limits provided below will automatically advance to the Employer within fourteen (14) calendar days next higher step of the occurrence giving rise to the grievancegrievance procedure.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes 10.1 All grievances, including grievances arising under this contract should from the dismissal or suspension of an employee, shall first be presented discussed by the Shop Xxxxxxx and/or Shop Stewards with the Superintendent of the Shop or Plant, or with the Department head or his assistant. If agreement is not reached, the matter shall be referred by the Shop Xxxxxxx to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility Business Manager of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievanceUnion, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days who will discuss it with senior officials of the occurrence giving rise Employer. If the grievance is not satisfactorily disposed of in this manner, it shall be referred to the grievancea Grievance Panel as defined in Article 10.4. If not resolved in this manner, it shall be referred to a Sole Arbitrator.
B. When such notification is served10.2 Upon completion of the sittings of the Sole Arbitrator, the Employer, or his representative, said Sole Arbitrator shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) hand down its award within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection days after the completion of its sittings and hearing of evidence and submission by the Parties, provided, however, that this time limit may be extended with the mutual consent of the arbitrator shall be by each Party alternately striking off a name from Employer and the list until one remainsUnion.
E. 10.3 The decision of the Sole Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed Parties. Each Party shall pay one-half (1/2) of the limits found herein fees and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration arbitration.
10.4 During negotiations for a revised Collective Agreement, the Parties agreed to introduce a variance to Article 10, the "Grievance and Arbitration Procedure" wherein it was agreed that a "Grievance Panel" should be established to hear unresolved grievances between the Parties. Such hearings shall be borne equally mutually agreed to and concluded immediately prior to any matter being referred to Arbitration. The Grievance Panel shall be formed of three (3) members appointed by the Parties hereto.
17.2 Any Union and all three (3) members appointed by the Employer or their respective representative(s). The appointees shall meet as required by either Party and in matters involving discipline including terminations. The Grievance Panel may be requested to meet within twenty-four (24) hours if requested by either Party to do so. The Grievance Panel shall have the power to adjust or settle any dispute referred to it on a majority decision. A majority decision of controversy, the Grievance Panel concerning a dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement grievance shall be settled final and resolved binding, but failing a majority decision, either Party to a dispute may proceed to Arbitration. The method of selection of an arbitrator and/or panel of arbitrators shall be as agreed to by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.parties
Appears in 3 contracts
Samples: Master Line Agreement, Master Line Agreement, Master Line Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 23.1 All matters pertaining to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director proper application and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term interpretation of this Agreement, need not or any dispute or grievance arising hereunder, shall be considered unless notification in writing is served adjusted by the Union upon accredited representative of Allied Employers, Inc. and the accredited representative of the Union.
23.1.1 In cases where it is concluded that an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. The arbitrator may not render an award which requires the Employer within fourteen to pay an improperly discharged or suspended employee for time that the employee has not actually worked in excess of the wage and benefits the employee would have earned had he worked his normal schedule during the one hundred and eighty (14180) calendar days immediately following the date of discharge or suspension. The Parties confirm that the above is a hard cap with no exceptions.
23.2 In the event of the occurrence giving rise failure of these parties to reach a satisfactory adjustment, the grievancematter shall be referred in writing for final adjustment to a Labor Relations Committee consisting of two (2) Employer members and two (2) Union members. The decision of the Labor Relations Committee shall be final and binding on all parties.
B. When such notification 23.3 In the event the Labor Relations Committee is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation excluding weekends and Conciliation Service holidays, it shall be asked by the Union referred to provide each Party with a list of fifteen (15) arbitrators. The selection of the an impartial arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s whose decision shall be final and binding on both Parties provided it does not exceed upon the limits found parties; provided, however, that nothing herein and neither Party has had contained shall empower the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversyarbitrator to add to, dispute delete from or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of otherwise modify the terms of this Agreement. All grievances or disputes submitted to arbitration shall constitute a properly arbitrable issue under this Agreement and shall not be settled and resolved based on any issue or contention by either party which is contrary to the procedures and in terms of this Agreement, or which involves the manner set forth in determination of a subject matter not covered by this Section 17Agreement.
23.4 Whenever it becomes necessary to select an impartial arbitrator as required by this Article, the Labor Relations Committee shall endeavor to make such selection by mutual agreement. If a question In the event of failure to agree, the parties shall select an arbitrator by taking turns striking names off the list of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or boardfollowing permanent panel:
1. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.Xxxx X. Xxxx
2. Xxxxxxx X. Xxxxxxxxx
3. Xxxxxx X. Xxxxx 4. Xxxxxx Xxxxxx 5. Xxxx Xxxxx
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 6.01 A grievance shall not be presented considered if the circumstances giving rise to it occurred or originated more than five (5) working days prior to the Store Director filing of the grievance.
6.02 Any matters raised by an employee of the Union covered by the grieving partyterms of this Agreement regarding the administrative interpretation, either the Union in appropriate cases alleged violations, or the employee. It is the joint responsibility applications of the Store Director and the grieving Party Agreement, may be submitted as a grievance. An xxxxxxx effort will be made to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result settle any grievance that may arise in the following stepsmanner:
A. Step 1 The employee shall discuss it with their supervisor or designate and will be accompanied by their committee person if requested. The parties shall discuss the complaint with a view to resolving it. The supervisor or designate shall give an oral reply as soon as possible, but in all cases within three (3) working days from the original presentation of the grievance.
Step 2 Complaints not resolved at Step 1 will be submitted in writing as a grievance to the Facility Manager, or their designated representative, by the committee person within three (3) working days from the date the Step 1 decision was rendered. The Facility Manager, or the designated representative, shall investigate the grievance, meeting with the griever, supervisor, committeeperson and witnesses and submit written answers to the grievances within five (5) working days from the meeting.
Step 3 Grievances not resolved at Step 2 will be submitted to the Director of Human Resources, or a designated representative, by the committee person within five (5) working days from the date on which the Step 2 decision was rendered. A grievanceStep 3 meeting will be held with the Director of Human Resources, Facility Manager, Union Chairperson, committee person and the aggrieved employee within seven (7) working days The Director of Human Resources, or their designated representative, shall submit written answers to the grievances within seven (7) working days after the Step 3 meeting is held.
6.03 Committee Persons will be afforded reasonable time off from their work, to assist in the settlement of issues and grievances and in the administration of this Agreement as may be required; provided that arrangements for such time off shall first be made with the Facility Management to avoid interference with the facility operations. When meetings between these representatives, the griever and the Facility Management are such that they can only be held at the facility and during the regular work hours of such representatives and the griever there shall be no loss of earnings to any employee participating in such meetings.
6.04 A Union Policy or Group Grievance, which is defined as a an alleged violation of this Agreement concerning the Union as a whole or all or a substantial number of employees in the bargaining unit, in regard to which an express written term individual employee could not grieve, may be lodged by an authorized representative of this Agreementthe Union, need in writing, with the Company at Step 3 of the Grievance Procedure at any time within five (5) working days after the circumstances giving rise to such grievance occurred or originated. If not satisfactorily settled, it may be considered unless notification processed to arbitration in writing is served the same manner and to the same extent as the grievance of an employee.
6.05 If a claim by the Company that the Union upon or any of its authorized representatives have violated this Agreement may be filed as a grievance by the Employer Company with the Union’s Chairperson at any time within fourteen five (145) calendar working days of the occurrence circumstances giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, . The Union shall meet with the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator Company within five (5) calendar days, working days thereafter to consider the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorsgrievance. The selection If final settlement of the arbitrator shall grievance is not reached, it may be by each Party alternately striking off processed to arbitration in the same manner and to the same extent as a name from the list until one remainsunion policy grievance.
E. The Arbitrator shall have no power 6.06 Both parties to add tothis Agreement agree that any dispute or grievance concerning the interpretation, subtract fromapplication, amend, change administration or otherwise modify alleged violation of this Agreement. Nor shall , including the Arbitrator impose question of whether any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed matter is arbitral, that has been properly carried through all the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses steps of the arbitration shall grievance procedure, and that has not been settled may, within ten (10) working days after receipt of the Step 3 written answers covering the grievance, be borne equally by referred to an Arbitrator at the Parties request of the moving party hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application 6.07 Each of the terms of parties to this Agreement shall be settled will bear their own expenses and resolved by will jointly bear the procedures and in expense of the manner Arbitrator.
6.08 The moving party may apply for the appointment of an Arbitrator, under the expedited arbitration provision of the Ontario Labour Relations Act.
6.09 The time limits set forth in this Section 17. If a question Article may be extended by mutual agreement of the arbitrability parties, confirmed in writing.
6.10 The union may request that the local union President and or National Representative may attend the Step 3 meeting by request of an issue is raised either party.
6.11 The term working day will exclude Saturday, Sunday, Holiday and or Vacation days.
6.12 The Company will provide at the 3rd Step meeting pertinent disciplinary notices, payroll and attendance records and or other relevant information.
6.13 Where a party fails to respond in the time limits set forth herein, the grievance shall be considered as resolved or settled based on the Union’s last position or the Company’s last response. The Company and the Union recognize that extensions may be granted by either Party, such question shall be determined in the first instance by the arbitrator or boardparty. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable6.14 The Company will pay resolved grievances within 14 days.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to Section One: Step #1: Within seven (7) days (excluding Saturdays and Sundays) after the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation occurrence of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the alleged grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that shall submit such grievance in writing to the dispute be arbitrated if Section Supervisor. Within five (5) 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 request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator grievance. Such Supervisor shall render a decision within five (5) calendar daysdays (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the satisfaction of the Union, the Federal Mediation Union may, within five (5) days (excluding Saturdays and Conciliation Service Sundays) of such decision, initiate Step #2 of this procedure. Step #2: Further review of such grievance shall be asked made by presenting in writing such grievance to the Superintendent of Schools. 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 five (5) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the satisfaction of the Union, the Union may, within five (5) days (excluding Saturdays and Sundays) of such decision initiate Step #3 of this procedure. 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 fourteen (14) days Step #4: Further review of such grievance shall be made by submitting this dispute to arbitration by the Union to provide each Party with a list American Arbitration Association within ten (10) days (excluding Saturdays and Sundays) of fifteen (15) arbitratorsnotification of the decision of the Board. The selection notice of arbitration shall include a brief statement of the issues to be decided by the arbitrator and the specific provisions of the agreement involved. Said Association shall be by each Party alternately striking off a name from hear and act on such dispute in accordance with its rules of voluntary labor arbitration. The decision of the list until one remains.
E. The Arbitrator shall have no power to add toarbitrator, subtract fromif made in accordance with his jurisdiction and authority under this agreement, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this parties. Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.Two:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 20.1: In a mutual effort to provide a harmonious working relationship between the parties to this contract should Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between an employee and the City of Coconut Creek, and that such procedure shall cover grievances involving the application or interpretation of this Agreement and those involving discipline. All grievances shall be processed exclusively pursuant to this Article. Pursuant to 447.301(4) Fla. Stats., employees covered by this Agreement shall have the right to be represented in the determination of grievances on all terms and conditions of employment. Employees shall have the right to refrain from exercising the right to be represented. Nothing in this Article shall be construed to prevent any employee from presenting, at any time, his or her own grievance in person or by legal counsel, to the City, and having such grievance adjusted without the intervention of the PBA, if the adjustment is not inconsistent with the terms of this Agreement, and if the PBA has been given reasonable opportunity to be present at any meeting called for resolution of such a grievance. The parties agree, however, that the PBA shall have the exclusive right to take grievances regarding the application and interpretation of the Agreement (i.e., non-disciplinary matters) to arbitration, and that the City shall not be obligated to proceed to arbitration on non- disciplinary matters for which the employee is not represented by the PBA. Where a grievance is general in nature, in that it applies to a number of members rather than a single member, such grievance shall be presented in writing by the PBA directly to the Store Director Chief of Police, within the time limits provided for the submission of a grievance in Step 1. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step 4.
20.2: Time is considered to be of the essence for purpose of this Article. Accordingly, any grievance not submitted or processed by the grieving partyparty in accordance with the time limits provided below shall be considered conclusively abandoned and shall be barred, either the Union in appropriate cases forfeited and foreclosed for all contractual or the employee. It is the joint responsibility of the Store Director legal purposes and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation forfeiture of an express written term of this Agreement, need all rights to arbitration. Any grievance not be considered unless notification in writing is served answered by management within the Union upon time limits provided below will automatically advance to the Employer within fourteen (14) calendar days next higher step of the occurrence giving rise to the grievancegrievance procedure.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 19.1 All matters pertaining to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director proper application and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term interpretation of this Agreement, need or any dispute or grievance arising hereunder, shall be adjusted by the accredited representative of the Employer and the accredited representative of the Union.
19.1.1 In cases where it is concluded than an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. The arbitrator may not render an award which requires the employer to pay an improperly discharged or suspended employee for time that the employee has not actually worked in excess of the wage and benefits the employee would have earned had he worked his normal schedule during the one hundred and eighty (180) days immediately following the date of discharge or suspension. The Parties confirm that the above is a hard cap with no exceptions.
19.2 In the event of the failure of these parties to reach a satisfactory adjustment, the matter shall be considered unless notification referred in writing is served by the for final adjustment to a Labor Relations Committee consisting of two (2) Employer members and two (2) Union upon the Employer within fourteen (14) calendar days members. The decision of the occurrence giving rise to the grievanceLabor Relations Committee shall be final and binding on all parties.
B. When such notification 19.3 In the event the Labor Relations Committee is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation excluding weekends and Conciliation Service holidays, it shall be asked by the Union referred to provide each Party with a list of fifteen (15) arbitrators. The selection of the an impartial arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s whose decision shall be final and binding on both Parties provided it does not exceed upon the limits found parties; provided, however, that nothing herein and neither Party has had contained shall empower the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversyarbitrator to add to, dispute delete from or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of otherwise modify the terms of this Agreement. All grievances or disputes submitted to arbitration shall constitute a properly arbitrable issue under this Agreement and shall not be settled and resolved based on any issue or contention by either party which is contrary to the procedures and in terms of this Agreement, or which involves the manner set forth in determination of a subject matter not covered by this Section 17Agreement.
19.4 Whenever it becomes necessary to select an impartial arbitrator as required by this Article, the Labor Relations Committee shall endeavor to make such selection by mutual agreement. If a question In the event of failure to agree, the parties shall select an arbitrator by taking turns striking names off the list of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or boardfollowing permanent panel:
1. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.Xxxx X. Xxxx
2. Xxxxxxx X. Xxxxxxxxx
3. Xxxxxx X. Xxxxx 4. Xxxxxx Xxxxxx 5. Xxxx Xxxxx
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 5.1: In a mutual effort to provide a harmonious working relationship between the parties to this contract should Agreement, it is agreed and understood that there shall be presented a procedure for the resolution of grievances between an employee and the City of Coconut Creek, and that such procedure shall cover grievances involving the application or interpretation of this Agreement and those involving discipline. All grievances shall be processed pursuant to this Article. Pursuant to F.S.S. 447.301(4), employees covered by this agreement shall have the right to be represented in the determination of grievances on all terms and conditions of employment. Employees shall have the right to refrain from exercising the right to be represented. Nothing in this Article shall be construed to prevent any employee from presenting, at any time, his own grievance in person or by legal counsel, to the Store Director City, and having such grievance adjusted without the intervention of the PBA, if the adjustment is not inconsistent with the terms of this Agreement, and if the PBA has been given reasonable opportunity to be present at any meeting called for resolution of such a grievance. It shall be understood that in the event a grievance filed by an individual member of the bargaining unit affects other bargaining unit employees in a similar manner, then the other employees affected shall have the right join in the grievance to state their intention to file a similar grievance by submitting their names to the local PBA Representative. The local PBA Representative shall forward a letter which lists the names of all other grievants, along with the original grievance, at Step #2 of the grievance procedure. In the event that the original grievant abandons the grievance, then one of the grievants as listed in the letter from the PBA, shall have the right to pursue the grievance at its current step in the grievance procedure to its conclusion. Upon resolution of the grievance affecting other employees covered by this Agreement in the same manner, as determined by the Chief of Police, then said resolution shall be uniformly applied.
5.2: Time is considered to be of the essence for purpose of this Article. Accordingly, any grievance not submitted or processed by the grieving partyparty in accordance with the time limits provided below shall be considered conclusively abandoned and shall be barred, either the Union in appropriate cases forfeited and foreclosed for all contractual or the employee. It is the joint responsibility of the Store Director legal purposes and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation forfeiture of an express written term of this Agreement, need all rights to arbitration. Any grievance not be considered unless notification in writing is served answered by management within the Union upon time limits provided below will automatically advance to the Employer within fourteen (14) calendar days next higher step of the occurrence giving rise to the grievancegrievance procedure.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual Section 10:01 Statement of Cooperation The Board and the Federation agree that they will use their best efforts to encourage the informal and prompt settlement of disputes which may arise under the terms and conditions of this Agreement.
Section 10:02 Definition of Grievance A grievance is a complaint by an employee, by a group of employees or by the Federation that there has been, according to the grievant, a violation, misinterpretation or inequitable application of any provision of the Agreement. Accordingly, the parties agree that any and all disputes arising under the terms and provisions of this contract should Agreement or involving its interpretation shall be presented resolved in accordance with the grievance and arbitration procedures established herein, with the exception that any grievance involving the removal, discharge or constructive discharge of an employee or involving the disciplinary demotion or reduction in rank of a tenured employee, shall be heard and resolved in accordance with provisions of Article III – Discipline (Provisions Common to All Employees), instead of through grievance and arbitration.
Section 10:03 General Provisions
(a) Each formal statement of a grievance must contain the question at issue, a statement of facts, the specific Article of this Agreement which allegedly is being violated, the relief requested, the signature of the grievant and the signature of an authorized Federation representative. However, if the individual bringing the grievance declines representation by the Federation as provided in Section 10:03 (c) below, the signature of an authorized Federation representative is not required, nor will the signature of an authorized Federation representative be required in the situation where the grievant does not wish to disclaim Federation representation but the Federation indicates in writing that it does not wish to purse the grievance. Any grievance not bearing the signature of an authorized Federation representative will not be processed unless it is accompanied by a disclaimer form or by a written communication from the Federation indicating that the Federation will not pursue the same.
(b) All grievances beyond the building level must be transmitted by U. S. Postal Service, certified mail, return receipt requested or personally delivered and receipted.
(c) An employee shall have the right of representation by the Federation, and only by the Federation, at all steps of the grievance procedure herein, or an employee may choose to decline Federation representation and represent himself. If an employee declines representation by the Federation, he shall do so on an official disclaimer form obtained from the Administration or from the Federation.
(d) The Federation retains its right to determine if any grievance, not withdrawn, may proceed to arbitration.
(e) Any employee required to participate at a grievance hearing or arbitration during his scheduled work time shall suffer no loss of pay, benefits or leave time thereby.
(f) The parties may, upon mutual agreement in writing, extend all grievance deadlines.
(g) Upon the failure of the Federation to process the grievance to its next step or to arbitration within the time limits provided in this Article, the grievance shall be deemed resolved by the decision at the prior step. Also, absent the authorization of the Federation, no employee may process a grievance past Step I, the Superintendent’s level.
(h) Upon the failure of the Board to meet any time limit as prescribed in this Article, the grievance shall automatically be advanced to the Store Director next higher level.
(i) As used herein, "days" shall mean calendar days.
(j) Meetings held under the provisions of this Article shall be conducted at a time and place which will afford a fair and reasonable opportunity for the grievant, his representatives and witnesses to attend. When such meetings are held during school hours, the grievant, his representatives and any witnesses required shall be excused without loss of pay. In class grievances, the Federation shall be the representative of the class and shall act as the nominal grievant.
(k) All grievance and arbitration meetings and hearings shall be open to all grievants and non- sequestered witnesses. Such meetings and hearings shall also be open to representatives of the parties and to those charged with responsibility for conducting said meetings or hearings. All such hearings and meetings shall be closed to the press and to the general public except for any hearing or meeting required by law to be open.
(l) By mutual written agreement, the parties may bypass any step of the grievance procedure.
(m) Bargaining Unit members who no longer are employed by the grieving party, either Board shall retain the Union in appropriate cases or right to grieve within the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term grievance time frame alleged violations of this Agreement which occurred during their employment or concurrent to their involuntary termination.
(n) The authority of any arbitrator selected shall be limited solely to construing and interpreting the Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator he shall have no power to add toadd, to modify or subtract from, amend, change or otherwise modify this Agreement. Nor shall from any of the Arbitrator impose any limitation or obligation on either party not expressly found in this terms of the Agreement.
F. (o) The Arbitrator’s decision fees and expenses of any arbitrator selected under this Article shall be final paid by the losing party in the event the grievance is either affirmed or denied in its entirety by the arbitrator. Should the grievance be affirmed in part and binding on both Parties provided it does not exceed denied in part, the limits found herein fees and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration arbitrator shall be borne equally by the Parties heretoparties.
17.2 Any and all matters (p) Either party may request the presence of controversya court reporter for an arbitration hearing or for a hearing before the Board. If only one (1) party requests the presence of a court reporter, dispute or disagreement of any kind or character existing between that party shall bear the Parties and arising out of or in any way involving the interpretation or application cost of the terms reporter along with the cost of furnishing a copy of the reporter's transcript to the other party.
(q) If only one (1) party requests the postponement of an arbitration hearing, that party shall bear the cost of such a postponement.
(r) By mutual agreement, a grievance may be settled at any step without establishing a precedent.
(s) The parties may mutually agree to take any particular grievance to expedited arbitration.
(t) The Federation shall have the right to have its representatives present at all steps of the grievance and arbitration procedure save and except for such hearings as may be convened for purposes of discipline which the grievant demands be closed to the public and at which the grievant declines representation.
(u) No action may be taken by the Board against any employee because of his participation in a grievance.
(v) No competing labor or teacher organization or its representatives shall have the right to participate at any step/level of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this grievance procedure.
Section 17. If a question 10:04 Grievance Step I - Superintendent's Level Within 15 calendar days of the arbitrability occurrence of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator circumstances giving rise to a grievance or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.within ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual (a) The Union shall have the right to elect, or designate, a Shop Xxxxxxx in each store who shall have top ranking seniority (except Head Meat Cutter) during his tenure as a Xxxxxxx, irrespective of length of service, in
(b) If any differences, disputes arising under this contract should be presented to or complaints arise over the Store Director by the grieving party, either the Union in appropriate cases interpretation or the employee. It is the joint responsibility application of the Store Director and contents of this Agreement, there shall be an xxxxxxx effort on the grieving Party part of the parties to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in settle such promptly through the following steps:
A. A grievanceSTEP 1. By conference between the ag grieved employee, which is defined as a violation of an express written term of this Agreementthe Shop Stew ard, need not be considered unless notification in writing is served by or both, and the Union upon the Employer within fourteen (14) calendar days Manager of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator store within five (5) calendar working days of the occurrence of the grievance.
STEP 2. By conference between the Busi ness Representative, with or with out the Shop Xxxxxxx of the Union and the store Manager or his super visor within ten (10) working days of the occurrence of the grievance.
STEP 3. By conference between an official or officials of the Union and the Employer's designated representa tive within fifteen (15) working days of the occurrence of the grievance.
STEP 4. In the event the last step fails to settle the complaint, it may be referred to a Board of Arbitration within five (5) days.
(c) The Board of Arbitration shall consist of three (3) arbitrators; one (1) to be chosen by the Employer within three (3) days after the dispute is referred to arbitration; one (1) to be chosen by the Union within that period; and the third (3rd) to be selected by the first two (2) named arbitrators, provided that the selection of the third (3rd) arbitrator can be made within three (3) days following the appointment of the first two (2) arbitrators. \
(d) In the event the first two (2) arbitrators cannot agree upon the third (3rd) arbitrator within three (3) days following their appoint ment, either the Union or the Employer may request the Director of the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with submit a list of fifteen arbitrators from which the first two (152) arbitratorsnamed arbitrators will select the third (3rd) arbitrator who shall, after his selection, be authorized to hear the dispute and render a decision within twenty (20) days after his appointment. The selection decision of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision majority shall be final and binding on both Parties provided it does all parties, but such Board shall not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversyempowered to add to, dispute detract from or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of alter the terms of this Agreement in any way. The fee and expenses of the third (3rd) arbitrator, if any, shall be settled and resolved by paid for jointly.
(e) In case of a dispute as to wages, the procedures and in the manner set forth in this Section 17. If a question Em ployer agrees to submit to an authorized representative of the arbitrability Union, bona fide copies of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableemployee’s payroll and social security records.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 24.1 All grievances shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result handled in the following stepsmanner:
A. STEP 1: A grievance may be filed no later than ten (10) working days after the grievance first becomes known, or should have become known. The grievance must be presented by the Union, or the aggrieved employee to the proper supervisor involved, and the parties shall meet within five (5) working days in an effort to resolve said grievance. If the grievance is not resolved with the supervisor, which is defined as a violation of an express written term the grievance shall be reduced to writing, citing the Article and Section of this AgreementAgreement which has been allegedly violated.
STEP 2: If the grievance is not settled in Step 1, need not the written grievance may, no later than five (5) working days after the Step 1 meeting, be considered unless notification in writing is served referred by the Union upon to the Employer, and the parties shall meet within five (5) working days in an effort to resolve the grievance. If the grievance is rejected at this Step of the Grievance and Arbitration Procedure, the Employer will state the reasons for such rejections in writing to the Union, within fourteen five (145) calendar working days of the occurrence giving rise to the grievanceStep 2 meeting.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. STEP 3: If the Parties are unable to resolve the disputegrievance is not settled at Step 2, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close arbitration within fifteen (15) working days immediately following receipt of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In written response, by delivering a written notice to the event Employer of its intent to arbitrate the Parties are unable to agree upon the selection of an arbitrator within dispute. Within five (5) calendar daysworking days after receipt of notice of intent to arbitrate, the Union will request the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with furnish a list of fifteen arbitrators from which the arbitrator shall be selected. Such selection shall be accomplished within five (155) arbitratorsworking days from receipt of said list, by the parties, by alternately striking one (1) name from the list, in turn, until only one (1) name remains. The selection one striking first will be decided with the flip of a coin. The cost of the arbitrator and the cost of necessary expenses required to pay for facilities for hearing of the case shall be borne equally by the Employer and the Union involved. The decision of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found submitted in this Agreement.
F. The Arbitrator’s decision writing and shall be final and binding on both Parties provided it all parties. The arbitrator does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court have authority to modify or amend, alter, add to, or subtract from, any provision of competent jurisdictionthis Agreement.
G. The Arbitrator’s fee and all incidental expenses 24.2 If the time limits are not adhered to by the Union, the grievance shall be considered abandoned. If the Employer fails to answer the grievance, the grievance shall be considered to have been appealed by the Union to the next step of the arbitration shall procedure. Time limits may be borne equally extended by the Parties heretomutual agreement.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 10.1 Should a difference arise between the Employer and the Union or employees as to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility meaning and application of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term provisions of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise or as to the grievancecompliance of either party with any of its obligations under this Agreement, an xxxxxxx effort shall be made to settle such under the following procedure by negotiations:
A. Between the employee affected and his/her department head, or between the employee affected, the Xxxxxxx and the department head.
B. When such notification is served, By the Xxxxxxx and a representative of the Union and an executive of the Employer, at which time either party may call in an outside representative.
C. Any dispute, difference, or his representativegrievance relative to the interpretation of, shall meet or adherence to the terms of the Agreement which has not been concluded through the above procedure within ten (10) days after reduction in writing in the manner hereinabove provided, the matter three (3) members, one designated by the Employer, one designated by the Union, and the third to be mutually agreed upon by the representatives of the parties. Should the representatives of the Union and attempt the Employer fail to resolve agree upon a third party within three (3) additional days, the issuethird person shall be appointed as follows: the party initiating the arbitration procedure shall request a panel of five (5) names from the Federal Mediation and Conciliation Service. The neutral arbitrator shall be selected from the list submitted unless the parties mutually agree otherwise. The selection shall be made by alternately striking four (4) names, the party to make the first strike being determined by drawing lots. The remaining name shall be the neutral arbitrator.
C. If 10.2 The entire matter in controversy as aforesaid shall be referred to this arbitration board for disposition and whatever disposition is made shall be binding upon the Parties are unable Union, employee, and the Employer. However, such board shall not have the power to resolve add to or modify any of the disputeterms or conditions of this Agreement
10.3 The decision of the majority of the Board of Arbitration shall constitute the decision of the Board of Arbitration and be final Should any expense be involved for the service of the above-mentioned third member of the Board of Arbitration, the Union may request that the dispute such expense shall be arbitrated if such request is received borne equally by the Employer and the Union.
10.4 At any step in this grievance procedure the Executive Committee of the Local Union shall have the final authority, in respect to any aggrieved employee covered by this Agreement, to decline to process a grievance, complaint, difficulty or dispute further if in the close judgment of business (5:00 p.m.) the Executive Committee such grievance or dispute lacks merit or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of this Agreement to the satisfaction of the Union Executive Committee.
10.5 All grievances must be submitted in writing within thirty (30) calendar days of the date the Union receives the Employer’s final answertheir occurrence to receive consideration or they are barred.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 2 contracts
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under Section 1. As used in this contract should Article, a grievance shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term dispute over interpretation, omissions, or adherence to this Agreement. The purpose of this Agreementprocedure is to secure, need not at the lowest possible level, equitable solutions to the problems or complaints alleged by employees that may arise from time to time.
(a) The written grievance shall include a statement of the grievance and relevant information, including:
1. Specific names and dates (unless it is a group grievance);
2. The provision(s) of the agreement alleged to have been violated including a detailed explanation of how those provision(s) were violated;
3. The remedy sought; and
4. The name of the designated Union representative as described in Section 2 of this Article.
(b) The designated Union representative will also advise their own supervisor that they have a grievance in process as soon as the grievance is filed.
(c) At each step of the grievance process, the Union shall provide to management the original grievance form, any subsequent Employer/Union responses to date and any other available data or correspondence deemed appropriate by the Union.
Section 2. Any and all time limits specified in the grievance procedures may be considered unless notification waived in writing is served by mutual consent of the parties. Failure at any step of the procedure by the Union to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. Failure at any step of the procedure to communicate the decision in writing on a grievance within the specified time limits shall permit the Union to proceed to the next step. A grievance may be withdrawn at any time upon receipt of a signed statement from the Union and the employee.
Section 3. The Union and the Employer within fourteen encourage discussion and efforts to resolve all disputes informally prior to the filing of a formal grievance.
(14a) calendar Step 1: Within twenty (20) working days of the occurrence giving rise of a disputed action or from the date the offended employee should have reasonably known of the disputed action, the employee shall submit a formal Statement of Grievance form with the Employer.
(b) Step 2: In the event a formal Statement of Grievance is filed, the immediate supervisor shall respond in writing to the employee and the Union within ten (10) working days from their receipt of the grievance. If the supervisor calls for a meeting, it will be scheduled at a mutually agreeable time and the written response will be due within ten (10) working days of the meeting, rather than ten (10) working days from the receipt of the grievance. If the Immediate Supervisor and/or the next higher level of supervision does not have the authority to resolve the grievance, they shall immediately submit the grievance file to the appropriate supervisor with the authority to resolve the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. (c) Step 3: If the Parties are unable to resolve the disputegrievance remains unresolved, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) representative shall, within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility violations of the Store Director and the grieving Party to attempt to solve the problem terms or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term conditions of this Agreement, need not . Grievances shall be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) filed within thirty (30) calendar days of the date the grievant or the Union receives knows or by reasonable diligence should have known of the Employer’s final answer.
D. In alleged grievance. Grievances shall be reduced to writing, stating the event specific Article(s) alleged to have been violated and clear explanation of the Parties are unable alleged violation, sufficient to agree 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 selection original elements and substance of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be asked by processed in accordance with this Article and it shall be the Union to provide each 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 with requests a list specific extension of fifteen (15) arbitrators. The selection time, which if agreed to, must be stipulated in writing and shall become part of the arbitrator grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall be mean postmarked (dated by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add tometer or U.S. Post Office), subtract fromdate of email or other electronic format, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated fax received by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses close of the arbitration business day or actual receipt. Grievance filings and appeals shall be borne equally by include the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures grievance form and in the manner set forth in this Section 17case 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 due or received. If a question at any step of the arbitrability grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of an issue is raised by either Party, such question shall be determined in the first instance grievance procedure unless withdrawn by the arbitrator grievant or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.the
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either 9.01 The Employer and the Union in appropriate cases or the employeeagree that it is important to adjust complaints and grievances as quickly as possible. It is the joint responsibility of the Store Director understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the grieving Party to attempt to solve matter has not been resolved. In computing the problem days for taking any action or problems as quickly as is possible. Failing to solve said problem giving any notice, Saturdays, Sundays or problems holidays shall result in the following steps:not be counted.
A. 9.02 A grievance, which formal grievance is defined as a an alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, an express written term indication of the article(s) of this Agreement, need not Collective Agreement and must be considered unless notification in writing is served by the Union upon the Employer filled within fourteen ten (1410) calendar days of the occurrence circumstances giving rise to the grievance.
B. When such notification 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 immediate supervisor or designate who shall give her decision within five (5) days of receipt of the grievance. If the grievance is servednot satisfactorily resolved at Step #1, the Employer, employee may submit the written grievance to the Executive Director or his representative, shall meet her designate within five (5) days following the Union decision in Step #1. A meeting will be held between the Employer and attempt to resolve the issue.
C. If grievance committee within ten (10) days of the Parties are unable to resolve the dispute, referral. It is agreed that a staff representative of the Union may request be present at the meeting and that the dispute Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be arbitrated if such request is received by the Employer by the close of business delivered within five (5:00 p.m.5) within thirty (30) calendar days of the date meeting. An employee is entitled to be represented by a union representative or another available bargaining unit member of the Union receives employee’s choice. In the Employer’s final answercase of suspension or discharge, the Employer shall notify the employee of this right in advance.
D. In 9.04 A claim by a nurse who has completed her probationary period, that she has been unjustly discharged or suspended, shall be treated as a grievance if a written statement of such grievance is lodged by the event nurse with the Parties are unable to agree upon the selection of an arbitrator Employer at Step No. 2 within five (5) calendar days, days after the Federal Mediation and Conciliation Service shall be asked by date the Union to provide each Party with a list of fifteen (15) arbitratorsdischarge or suspension is effected. The selection release of a probationary nurse for reasons based on performance and ability to do the arbitrator job, including skills, suitability and availability shall not be by each Party alternately striking off subject to the grievance procedure unless the probationary nurse is released for:
(a) reasons which are arbitrary, discriminatory or in bad faith;
(b) exercising a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify right under this Agreement. Nor The Employer agrees to provide a probationary nurse with written reasons for her or his release within five (5) days of such release. A claim by a probationary nurse that she has been unjustly released shall be treated as a grievance, provided the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreementnurse is entitled to grieve, if a written statement of such grievance is lodged by the nurse with the Employer at Step 2 within five (5) days after the date the release is effective.
F. 9.05 Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately, they may present a group grievance in writing signed by each nurse who is grieving to management within ten (10) days after the circumstances giving rise to the grievance having occurred or ought to have come to the attention of the nurse(s). The Arbitrator’s decision grievance shall then be final and binding on both Parties provided it does not exceed treated as being initiated at Step #2. And the limits found herein and neither Party has had applicable provisions of this Article shall then apply with respect to the Arbitrator’s award vacated by a court processing of competent jurisdictionsuch grievance.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing 9.06 A grievance arising between the Parties Employer and arising out of the Union concerning the interpretation, application, administration or in any way involving the interpretation or application of the terms alleged violation of this Collective Agreement shall may be settled and resolved by submitted in writing at Step #2 within ten (10) days following the procedures and in circumstances giving rise to the manner set forth in this Section 17grievance. If a question of the arbitrability of an issue It is raised by either Partyexpressly understood, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds however, that the matter in question is provisions of this Article may not arbitrablebe used with respect to a grievance directly affecting a nurse or nurses which such nurse(s) could have herself instituted and the regular grievance procedure shall not be thereby bypassed.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under Section 1: In a mutual effort to provide a harmonious working relationship between the parties to this contract should Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement.
Section 2: Every effort will be made by the parties 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/her grievance shall be considered conclusively abandoned and the abandonment shall not be the subject of arbitration. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step.
Section 3: Grievances shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance1. The employee shall first take up his/her grievance with his immediate supervisor, which who is defined as not a violation member of an express written term of this Agreementthe Bargaining Unit, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen ten (1410) calendar business days of the occurrence giving of the event(s) which gave rise to the grievance. This first step (between the employee and his immediate supervisor) shall be on an informal and oral basis, and may involve the employee’s union representative or any other representative of the employee;
2. Any grievance, which cannot be satisfactorily settled with the immediate supervisor, shall be reduced to writing by the employee and deliver to the employee’s Department Director by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission, and if delivery is by hand, it shall be signed by the Department Director solely to establish date of receipt.. Such grievance shall be presented to the Department Director within three business days from the immediate supervisor’s decision being made under step 1 of this section, but in any event, the grievance shall be delivered to the Department Director no later than 21 days of the occurrence of the event(s) which gave rise to the grievance. The Department Director shall, within ten (10) business days after presentation of the grievance (or such longer period of time as is mutually agreed upon in writing and signed by both the employee (or employee union representative) and the Department Director), render his decision on the grievance in writing and deliver it to the employee, or the employee union representative, by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission.
B. When such notification 3. In the event the employee is servednot satisfied with the disposition of the grievance in Step (2), he shall have the Employerright to appeal the Department Director’s decision to the City Manager, or his designee, within ten (10) business days of the issuance of the Department Director's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee and deliver to the City Manager by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission receipt, and if delivery is by hand, it shall be signed by the Department Director solely to establish date of receipt. The employee may also opt to have the employee’s union representative to request that the Department Director's decision be reversed or modified. The City Manager, or his designee, shall within ten (10) business days of the appeal (or some longer period as is mutually agreed upon in writing and signed by both the employee (or employee union representative) and the Department Director)) render his decision in writing, and deliver a copy to the employee and to the employee’s union organization or representative, both of which shall meet be deliver by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission and if delivery is by hand, it shall be signed by the Union and attempt recipient solely to resolve the issueestablish date of receipt.
C. If 4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the Parties are unable grievance is directly between the employee’s(s) union organization and the City, such grievance shall be presented in writing directly to resolve the disputeDepartment Head within ten (10) business days of the occurrence of the event (s) which gave rise to the grievance. The grievance shall specify the names of the employees desiring to grieve. The class action grievance must be signed by the aggrieved employees or the President or representative of the employee union organization. Thereafter, the Union grievance shall be processed in accordance with the procedures set forth in Step (2) and Step (3), including the requirements for delivery of grievances/appeals and employer decisions.
5. In the event a grievance processed through the grievance procedure has not been resolved at Step (3), either party may request that the dispute grievance be arbitrated if such request is received submitted to arbitration within fifteen (15) business days after the City Manager, or his designee, renders a written decision on the grievance. The arbitrator shall be any impartial person mutually agreed upon by and between the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In parties. However, in the event the Parties parties are unable to agree upon said impartial arbitrator, the selection of an arbitrator within five (5) calendar days, parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish five(5) names from which each party shall be asked by have the Union to provide each Party option of striking two (2) names in alternating fashion, thus leaving the final arbitrator who shall hear the arbitration in accordance with a list the FMCS rules of fifteen (15) arbitratorsprocedure.
6. The selection arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step (2) of the grievance procedure. The arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power authority to change, amend, add to, subtract from, amend, change or otherwise modify alter or supplement this Agreement, or any part thereof or amendment thereto nor to interpret any provision that is clear or unambiguous. Nor The arbitrator shall the Arbitrator impose have no authority to consider or rule upon any limitation matter which is stated in this Agreement not to be subject to arbitration or obligation on either party which is not expressly found a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein.
F. 7. Consistent with the provision of the Florida Public Employees Relations Act, Chapter 447, et seg., it is mutually acknowledged and agreed that this collective bargaining agreement shall be administered within the amounts appropriated by the City Commission for funding of the collective bargaining agreement. Accordingly, and not withstanding any other provisions of this collective bargaining agreement, the arbitrator shall have no authority, power, or jurisdiction to construe any provisions of law, statute, ordinance, resolution, rule or regulation, or provision of this collective bargaining agreement to result in, obligate, or cause the City to have to bear any expense, debt, cost or liability except for the expense of arbitration, by both parties, and the economic benefits provided by this Agreement, which result directly or indirectly, in the City exceeding the amounts appropriated and approved by the City Commission for the funding of this collective bargaining agreement as agreed upon by the parties. Any such award, which contravenes or is not in compliance with the provisions of this paragraph shall be null and void.
8. Each party shall bear the expense of its own witness(es) and of its own representatives for the purpose of the arbitration hearing. The Arbitrator’s decision impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost.
9. The initial selection process for choosing an impartial arbitrator shall commence within ten (10) business days after the receipt of the panel from the Federal Mediation Conciliation Service and each party shall have three business days to strike a member of the panel. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionparties.
G. The Arbitrator’s fee and all incidental expenses of the arbitration 10. No probationary employee shall be borne equally by entitled to utilize the Parties heretogrievance/arbitration procedure herein on any matter involving discharge, suspension, demotion or other disciplinary action.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented A. Subject to any limitation of existing law, any grievance, defined in the Store Director by Municipal Employees Relations Ordinance Article 12, Section 1-1(g) as a dispute concerning the grieving party, either the Union in appropriate cases application or the employee. It is the joint responsibility interpretation of the Store Director terms of this Memorandum of Understanding or a claimed violation, misrepresentation or misapplication of the rules or regulations of the Employer affecting the terms and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result conditions of employment, may be settled in the following stepsmanner:
A. STEP 1: A grievance, which is defined as a violation of an express written term of this Agreement, need not grievance may be considered unless notification in writing is served by initially filed orally with the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) aggrieved employee’s immediate supervisor within thirty (30) calendar days from the event or when the aggrieved employee should have reasonably known of the date grievance. The designated Lodge Representative may represent the Union receives employee in presenting the Employergrievance. The parties shall attempt to resolve the grievance informally. Consultation with second level supervision is permissible provided all parties agree. STEP 2: If not resolved at Step 1, the grievance shall be filed in writing with the District Section, or Unit Commander. (The “Sections” or “Units” referred to in this paragraph are the Police Commissioner’s final answerStaff, Divisions, and Sections, the Staff, Sections, and Units of the Deputy Commissioners, and the Sections within the Neighborhood Patrol Division, Criminal Investigation Division, Administrative Bureau, Public Integrity Bureau, and Compliance Bureau). The writing shall state generally the substance of the grievance and identify the aggrieved employee. The parties shall meet within seven (7) days of the filing of the grievance at this step to discuss its substance. The District or Unit Commander shall give his decision in writing within seven (7) working days after the aforesaid meeting.
D. In STEP 3: If not resolved at Step 2, the event grievance may be presented to the Parties are unable to agree upon relevant Division Chief or Deputy Commissioner (Neighborhood Patrol Division, Criminal Investigation Division, Administrative Bureau, Public Integrity Bureau, and Compliance Bureau) who shall meet with the selection designated Lodge Representative and the aggrieved party within ten (10) working days after the grievance has been denied, and shall give his answer in writing within ten (10) working days of this meeting. Special Provision - STEP 3: Within thirty (30) days of an arbitrator alleged grievance, the Lodge is authorized to present said grievance at this step if the grievance affects a significant number of employees in more than one (1) District, Section, or Unit. Should this provision be used, the relevant Division Chief or Deputy Commissioner will meet with the Lodge Representative(s) within ten (10) working days of the filing of said grievance and will provide, in writing, an answer within fourteen (14) days following the aforementioned meeting.
STEP 4: If the grievance is not resolved at Step 3, the grievance may be presented to the Police Commissioner or designee who shall meet with the designated Lodge Representative(s) within ten (10) working days of the denial and shall give his response within fourteen (14) working days of the meeting. STEP 5:
a) If a grievance has not been satisfactorily resolved at Step 4, the Lodge may, within ten (10) working days of the completion of Step 4, initiate arbitration by written notice to the Police Commissioner and the Labor Commissioner of the Lodge’s decision to arbitrate.
b) Within five (5) calendar daysworking days after receipt of the notice, the Federal Mediation and Conciliation Service parties shall be asked by the Union attempt to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17agree upon an arbitrator. If a question of the arbitrability of an issue is raised by either Partysuch attempts fail, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.within ten
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under SECTION I: Any grievance or dispute, which may arise between the parties, including the application, meaning or interpretation of this contract should agreement, shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result settled in the following steps:manner.
A. A grievanceSTEP 1. The President and Grievance Chair, which is defined as a violation of an express written term of this Agreementwith or without the aggrieved employee, need not be considered unless notification shall take up the grievance or dispute in writing is served by with the Union upon the Employer employee’s immediate supervisor within fourteen five (145) calendar working days of the date of the grievance and his knowledge of its occurrence the day of the event giving rise to the grievance.
B. When such notification is served, grievance shall be the Employer, or his representative, first working day in computing days hereunder. The supervisor shall meet the Union and attempt to resolve adjust the issue.
C. If matter and shall respond to the Parties are unable xxxxxxx within five (5) working days. The Union shall notify the Director of Public Works, in writing, as to resolve the dispute, identity of the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) President and Grievance Chair within thirty (30) calendar days of either or both appointments and any change(s) of the date the Union receives the Employer’s final answerperson(s) holding said positions.
D. In STEP 2. If the event grievance has not been settled, it shall be presented in writing by the Parties are unable said parties grieving to agree upon the selection of an arbitrator Department Head within five (5) calendar daysworking days after the supervisor’s response is due. The Department Head shall respond to the said parties grieving in writing within five (5) working days of receipt.
STEP 3. If the grievance still remains unadjusted, the Federal Mediation and Conciliation Service it shall be asked presented to the Mayor in writing by the Union said parties grieving within ten (10) working days. The Mayor or his/her designee shall meet with the parties and their representatives, if requested, and shall receive all evidence presented and shall respond to provide each Party them within (10) working days. The parties agree that time extensions may be granted by mutual agreement at any step of the procedure set forth in this Article.
STEP 4. If the grievance is still unsettled in accordance with a list the procedure prescribed in Step 3 of this Section, either party may, within fifteen (15) arbitrators. The selection working days the after reply of the Mayor is due, by written notice to the other, take the case to arbitration. An arbitrator shall be by each Party alternately striking off a name from selected in accordance with the list until one remains.
E. rules of the American Arbitration Association. The authority of the Arbitrator shall be limited to the question or questions which are submitted. The Arbitrator shall have no power authority to add to, subtract from, amend, change from or otherwise modify any provision of this Agreement. Nor shall The decision of the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision arbitrator shall be final and binding on both Parties provided it does not exceed the limits found herein parties and neither Party has had the Arbitratorarbitrator shall issue his decision within thirty (30) days after the conclusion of testimony and argument. The expense for the arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee service and all incidental expenses of the arbitration proceedings shall be borne equally by the Parties heretoEmployer and the Union. If either party desires verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the records and makes copies available without charge to the other party and to the arbitrator.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application SECTION II: No Employee of the terms Town shall leave his job to present, discuss or investigate a grievance without first obtaining the consent of this Agreement his immediate supervisor and such consent shall not be unreasonably denied in light of the functions and duties of the particular employee and his department. A grievance shall be settled considered adjusted upon failure to appeal the grievance from one step to another within the designated time limits prescribed in this procedure.
SECTION III: Union Grievance Committeemen and resolved stewards may receive, discuss and handle grievances and may attend disciplinary meetings on the premises of the Town or elsewhere mutually agreed upon during working hours except where any such activities unreasonably interfere with their work. No deduction shall be made for regularly scheduled working time lost by Union Grievance Committeemen and stewards in performing their duties as provided in the Grievance Procedure and as provided for in prior sentence. No other business of the Union shall interfere with the regular duties of the Employees.
SECTION IV: It is agreed that the “immediate supervisor” shall mean and include the xxxxxxx on the job or one designated by the procedures and Department Head or his agent to act as xxxxxxx in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question usual xxxxxxx’x absence.
SECTION V: Working days shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question defined as days when Town Hall is not arbitrableopen for business.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee30.1. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which grievance is defined as a violation or alleged violation of an express written term the Collective Agreement and shall be subject to the grievance and arbitration procedure set out therein. Any complaint, which does not fall under the definition of this Agreementa grievance, need may be processed in a manner similar to a grievance except that the decision of the Fire Chief shall be final and shall not be considered unless notification subject to arbitration.
30.2. Grievance properly arising under the Agreement must be processed in writing is served by the Union upon following manner:
a) Stage 1
(i) The Employee may submit their grievance, in writing, to the Employer Deputy Fire Chief or, in their absence, to the Acting Deputy Fire Chief. The written grievance must be initiated in the stage within fourteen ten (1410) calendar working days of the occurrence time the Employee became aware or reasonably should have become aware of the circumstances giving rise to the grievance.
B. When such notification is served. A grievance, in order to be processed, must state, in writing, the Employersection(s) of the Agreement allegedly violated, or his representativeand relief sought by the Employee. The grievance must bear the signature of the Employee. The Deputy Fire Chief or, in their absence, the Acting Deputy Fire Chief, shall meet with the grievant, and shall respond in writing to the grievant, within ten (10) working days from the date they receive the written grievance. Failing such answer, or if such answer is unsatisfactory, the grievance may be processed to the next stage of the Grievance Procedure.
b) Stage 2
(i) Failing resolution of the grievance in Stage 1, the aggrieved Employee, within ten (10) working days of the date they receive or should have received the answer of the Deputy Fire Chief or, in their absence, the Acting Deputy Fire Chief, was or should have been given, shall submit the grievance, in writing, to the Fire Chief. The Fire Chief shall meet with the grievant and shall respond, in writing to the grievant, to the grievance within ten (10) working days of receipt of the grievance.
(ii) It is agreed that the presentation and processing of any grievance therein must be followed strictly according to the Grievance Procedure all stages thereof and within the applicable time limits set out, failing which the grievance shall be considered to be settled and at an end. If the Employer fails to comply with the applicable stages and time limits set out above, the grievant shall be at liberty to proceed according to the required time limits to the next succeeding stage of the Grievance Procedure.
(iii) At any meeting that may occur in the resolution of a complaint or grievance, the Employee affected shall have the right to have a Union representative present.
(iv) An allegation by the Union that the Employer has violated the Agreement may be lodged, in writing, to the Fire Chief within ten (10) working days of the discovery of the circumstances giving rise to the grievance. The Fire Chief shall meet with the Union and attempt shall respond in writing to resolve the issue.
C. If Union within ten (10) working days of receipt of the Parties are unable to resolve grievance. Failing a satisfactory settlement of the disputegrievance, the Union may request submit the grievance to the Chief Administration Officer and to arbitration pursuant to Clause 30.2 d). The grievance shall be deemed to have been processed at Stage 2 of the Employee Grievance Procedure.
(v) It is the intention of the parties that the dispute procedure provided under Clause 30.2 b) (iv) for the Union to file a grievance shall be arbitrated if such request is received by reserved for grievances of a general policy nature affecting a group of Employees in the Employer by Bargaining Unit.
(vi) No matter may be submitted to arbitration as provided in the close arbitration provisions heretofore, unless settlement thereof has been attempted through all of business the stages of the Grievance Procedure provided above.
c) Stage 3
(5:00 p.m.i) Failing resolution of the grievance in Stage 2, the aggrieved Employee, within thirty ten (3010) calendar working days of the date they receive or should have received the Union receives answer of the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar daysFire Chief or, in their absence, the Federal Mediation and Conciliation Service Acting Fire Chief, was or should have been given, shall be asked by submit the Union grievance, in writing to provide each Party with a list the Director of fifteen (15) arbitratorsHuman Resources or in their absence, the Acting Director of Human Resources. The selection Director of Human Resources shall meet with the arbitrator grievant and shall be by each Party alternately striking off a name from respond, in writing to the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.grievant within ten
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should A. A "grievance" is a claim by an employee alleging that there has been a violation, misinterpretation or misapplication of any provision of the Agreement. Any such grievance shall be presented submitted to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems grievance procedure as quickly as is possible. Failing to solve said problem or problems shall result in the following stepshereinafter provided:
A. A grievanceStep 1 The Union xxxxxxx, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by with or without the Union upon aggrieved employee shall take up the Employer grievance or dispute with the department head or designee within fourteen ten (1410) calendar days of the occurrence giving rise grievance or the employee's knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the grievancexxxxxxx within three (3) working days. In order to be considered a grievance meeting, the employee or Union xxxxxxx must so state.
B. When such notification Step 2 If the grievance has not been settled, it shall be reduced to writing, signed by the employee and/or the xxxxxxx and presented to the department head within five (5) working days after the Step 1 response is serveddue. The department head shall respond to the xxxxxxx, in writing, within five (5) working days.
Step 3 If the grievance has not been settled and if, after review, the EmployerUnion wishes to carry it further, it shall be presented to the chief administrator for personnel matters or his representative, other designated administrator not including Transportation Department head in writing within five (5) working days after the response of the department head is due. The chief administrator for personnel matters or designee shall meet schedule a meeting with the Union to discuss and attempt to resolve the issue.
C. grievance. The meeting may be attended by three (3) representatives selected by the Union and three (3) representatives selected by the Employer. If the Parties parties are unable to resolve the disputegrievance, the chief administrator for personnel matters or designee shall place the district's final response in writing and return it to the Union within five (5) working days of the date of the meeting.
Step 4 If the grievance is still unsettled and the Union wishes to carry it further, the Employer and Union shall attempt to mutually agree on an arbitrator. If the parties cannot agree on an arbitrator, the Union may request that shall file a "Demand for Arbitration" to the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) American Arbitration Association within thirty (30) calendar days after receipt of the date answer of the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar dayschief administrator for personnel matters/designee. Thereafter, the Federal Mediation and Conciliation Service it shall be asked by handled in accordance with the Union to provide each Party with a list of fifteen (15) arbitratorsAmerican Arbitration Association's Rules and Regulations. The selection fees and expenses of the arbitrator shall be shared equally by each Party alternately striking off the Union and the Employer. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. Either party may initiate a name from the list until one remainssettlement conference, no later than thirty (30) days before a scheduled arbitration hearing.
E. B. Power of the Arbitrator It shall be the function of arbitrators, and they shall be empowered, except as their powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board.
1. The Arbitrator arbitrator shall have no power to add to, subtract from, amenddisregard, change alter, or otherwise modify any of the terms of this Agreement.
2. Nor The arbitrator shall the Arbitrator impose have no power to establish or alter salary schedules.
3. The arbitrator shall have no power to rule on any limitation or obligation on either party matter not expressly found specifically set forth in this Agreement.
F. 4. The Arbitrator’s decision arbitrator shall have no power to establish or change any retirement benefit established and administered by the State of Michigan. Additionally, the arbitrator shall be final and binding limited from ruling on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, any claim or dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of regarding the terms of this Agreement the pension plan or an action by the pension administrator.
5. The arbitrator shall have no power to establish or change any insurance policy. Additionally, the arbitrator shall be settled and resolved limited from ruling on any claim or dispute regarding the terms or a policy document or an action by the procedures and in insurance company.
C. In the manner event that a case is appealed to an arbitrator on which the arbitrator has no power to rule, it shall be referred back to the parties without decision or recommendations on its merits.
D. There shall be no appeal from an arbitrator's decision if within the scope of his/her authority as set forth in this Section 17above. If a question of the arbitrability of an issue is raised by either Party, such question It shall be determined in binding on the first instance by Union, its members, the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon employee(s) involved, and the grounds that the matter in question is not arbitrableBoard.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under For the purposes of this Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays.
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, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract should between the Union and the City.
Section 2. A grievance is hereby jointly defined to be presented any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to the Store Director wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility on behalf of the Store Director affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the grieving Party to attempt to solve the problem or problems as quickly as remedy which is possiblesought.
Section 4. Failing to solve said problem or problems Grievances shall result be processed in the following stepsmanner:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen Step 1. Within ten (1410) calendar working days of the occurrence of the disagreement giving rise to the grievance, the employee must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the Department Head for a meeting to discuss the grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the employee's actual letter requesting a review as described in this step. The employee is entitled to be represented by a Union representative(s) and/or by the Union's attorney at this meeting. The Department Head will render a written decision within ten (10) working days of the meeting with the employee.
B. When such notification Step 2. If the grievance is servednot solved under Step 1, the Employer, employee may request a hearing before the Personnel Board or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union in its sole discretion may request that the dispute matter be arbitrated if taken to arbitration by notifying the Personnel Director in writing, within five (5) working days from the date of decision in Step 1. Upon such request is received by written notification, the Employer by Personnel Director shall arrange for a hearing before the close of business (5:00 p.m.) Personnel Board within thirty (30) calendar days working
Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the date express purpose of the Union receives contractual provision in question. It is also understood and agreed that it is the Employer’s final answerintent 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.
D. In Section 6. Upon receipt of a notice of intent to arbitrate a grievance, the event City, through its designated representative, and the Parties employee, or his designated representative, shall promptly meet and attempt to select an arbitrator by mutual agreement. If the parties are unable to agree upon the selection of select an arbitrator within five (5) calendar daysby this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with (FMCS) requesting a list of fifteen five (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.5)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 14.01 Any complaint or grievance must be presented to adjusted as quickly as possible. The Supervisor shall be given the Store Director by the grieving party, either the Union in appropriate cases or the employeefirst opportunity of adjusting such a complaint. It is also understood by both parties that any resolution of a complaint/grievance at either Step One (1) or Step Two (2) shall not establish a precedent for future cases.
Step 1 - On the joint responsibility failure of the Store Director Xxxxxxx or Supervisor to adjust such a complaint, the employee will be entitled to have the complaint dealt with on his/her behalf by the Xxxxxxx and/or the Chief Xxxxxxx. The Supervisor shall reply to the complaint or grievance within twenty-four (24) hours from being notified by the Xxxxxxx.
Step 2 - If the complaint or grievance is not settled at Step 1., it shall be reduced to writing and referred to the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems Service Centre Manager who shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification reply in writing to the complaint or grievance within three (3) normally scheduled working days from being notified.
Step 3 - If the complaint or grievance is served by not settled at the Union upon the Employer within fourteen above Steps, it may be submitted to Arbitration no later than ten (1410) calendar days following the reply at Step 2.
14.02 The decision of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding upon both the parties and any affected employee. The Arbitrator shall not be authorized, nor shall the Arbitrator assume authority to alter, modify or amend any part of this Agreement nor to make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Agreement. The Arbitrator may, where he determines that the Company has imposed a penalty on both Parties provided it does not exceed an employee for cause, substitute such lesser penalty as the limits found herein Arbitrator considers just and neither Party has had reasonable in all the Arbitrator’s award vacated by a court of competent jurisdictioncircumstances.
G. 14.03 The Arbitrator’s fee fees and all incidental expenses of the arbitration Arbitrator shall be borne equally in equal shares by the Parties heretoCompany and the Union.
17.2 Any and all matters of controversy14.04 Where the Company fails to respond within the time periods prescribed above, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving grievance shall proceed to the interpretation or application next step of the terms of this Agreement grievance procedure. Where the grievor or the Union fail to proceed in accordance with such time limits the grievance shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall deemed to be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableabandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 23.1 All matters pertaining to the Store Director proper application and interpretation of this Agreement or any dispute or grievance arising hereunder shall be adjusted by the grieving partyaccredited representative of Allied Employers, either Inc., and the Union in appropriate accredited representative of the Union.
23.1.1 In cases or where it is concluded that an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. It is The arbitrator may not render an award which requires the joint responsibility Employer to pay an improperly discharged or suspended employee for time that the employee has not actually worked in excess of the Store Director wage and benefits the grieving Party to attempt to solve employee would have earned had he worked his normal schedule during the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen one hundred and eighty (14180) calendar days immediately following the date of discharge or suspension. The Parties confirm that the above is a hard cap with no exceptions.
23.2 In the event of the occurrence giving rise failure of these parties to reach a satisfactory adjustment, the grievancematter shall be referred in writing for final adjustment to a Labor Relations Committee consisting of two (2) Employer members and two (2) Union members. The decision of the Labor Relations Committee shall be final and binding on all parties.
B. When such notification 23.3 In the event the Labor Relations Committee is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation excluding weekends and Conciliation Service holidays, it shall be asked by the Union referred to provide each Party with a list of fifteen (15) arbitrators. The selection of the an impartial arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s whose decision shall be final and binding on both Parties provided it does not exceed upon the limits found parties; provided, however, that nothing herein and neither Party has had contained shall empower the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversyarbitrator to add to, dispute delete from or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of otherwise modify the terms of this Agreement. All grievances or disputes submitted to arbitration shall constitute a properly arbitrable issue under this Agreement and shall not be settled and resolved based on any issue or contention by either party which is contrary to the procedures and in terms of this Agreement, or which involves the manner set forth in determination of a subject matter not covered by this Section 17Agreement.
23.4 Whenever it becomes necessary to select an impartial arbitrator as required by this Article, the Labor Relations Committee shall endeavor to make such selection by mutual agreement. If a question In the event of failure to agree, the parties shall select an arbitrator by taking turns striking names off the list of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or boardfollowing permanent panel:
1. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.Xxxx X. Xxxx
2. Xxxxxxx X. Xxxxxxxxx
3. Xxxxxx X. Xxxxx 4. Xxxxxx Xxxxxx 5. Xxxx Xxxxx
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 14(1) Where a difference arises between the Association and the Board relating to the Store Director by dismissal or discipline of a member, or to the grieving partyinterpretation, either the Union in appropriate cases application, operation, or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a alleged violation of an express written term of this Agreement, need not including any question as to whether a matter is arbitrable, there shall be considered unless notification no stoppage of work; either party may initiate a grievance; and an xxxxxxx effort shall be made to settle the matter promptly in writing is served the manner prescribed in this Article.
14(2) Step 1: The grievance shall be verbally discussed by the Union upon Deputy Chief and the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is servedAssociation Executive, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the time the action which caused the grievance comes to the attention of the griever.
14(3) Should the Deputy Chief and the Association Executive be unable to resolve the grievance within forty-eight (48) hours, the grievance may forthwith proceed to Step 2.
14(4) Step 2: The grievance shall be submitted in writing to the Chief Constable who shall meet with the Association Executive.
14(5) If not resolved within ten (10) days, either party may forthwith submit the grievance to Step 3.
14(6) Step 3: Within ten (10) days of submitting the grievance to Step 3, the Chairman of the Board, one other member of the Board as designated by the Chairman, and the Chief Constable will meet the Association in an attempt to resolve the grievance.
14(7) If not resolved within fifteen (15) days of the date of the Union receives last meeting held under Step 3, either party may forthwith submit the Employer’s final answergrievance to arbitration as provided under Step 4.
D. In 14(8) Step 4: If possible the event parties shall agree upon a single arbitrator, who shall render a decision on the Parties are unable grievance.
14(9) If within seven (7) days the parties fail to agree upon an arbitrator, application may be made by either party to the selection Minister of Labour to appoint an arbitrator within five (5arbitrator.
14(10) calendar daysThe findings of the arbitrator, or the Federal Mediation and Conciliation Service resolution arrived at in Steps 1, 2, or 3, shall be asked by binding upon the Union parties to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision 14(11) All time limits in this Article shall be final in calendar days and binding on both Parties such time limits may be extended by the mutual consent of the parties provided it does not exceed such consent is reached prior to the limits found herein and neither Party has had expiry of the Arbitrator’s award vacated by a court of competent jurisdictionspecified periods.
G. 14(12) The Arbitrator’s parties shall share equally the fee and all incidental expenses of for the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17arbitrator. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.ARTICLE 15
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 14.01 The parties to this contract should be presented to Agreement recognize the Store Director by desirability for the grieving party, either prompt resolution of complaints through the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievancegrievance process.
B. When such notification is served14.02 Any complaint, disagreement or difference of opinion between the Employer, or his representative, shall meet the Union or the employees covered by this Agreement shall be considered a grievance and attempt to resolve the issue.shall be dealt with as follows:
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) Step 1 An employee who has a grievance shall take his/her grievance up with his/her immediate out-of-scope supervisor within thirty (30) calendar days of first becoming aware of the date incident. A Shop Xxxxxxx must be present if the employee so wishes. The supervisor shall render a decision within three (3) working days.
Step 2 If a satisfactory settlement is not reached in (a) above, then the Union receives will submit the Employer’s final answergrievance and its contention, on the issue, including the remedy sought, to the Executive Director, who will render a decision within ten (10) working days.
D. In Step 3 Failing resolution in Step 1 or 2 above, the event Union or the Parties are unable Employer may advance the grievance to Grievance Mediation provided by the Government of Saskatchewan within seven (7) days of a decision from the Executive Director (Step 2), excluding Saturday, Sunday and paid holidays. Both parties to this Agreement agree upon to meet with the selection assigned Conciliation officer to resolve the grievance.
(a) If a satisfactory settlement is not reached in Step 2 above, then the matter shall be submitted to Arbitration within sixty (60) working days. The Union will appoint a member for the Board within seven (7) days and shall notify the other party in writing of its appointment. The Employer shall within seven (7) days thereafter appoint a member for the Board and notify the Union of its appointment.
(b) The two nominees to the Board shall appoint a third person to act as chairperson. If the nominees cannot agree on a chairperson then they shall ask the Minister of Labour to appoint a chairperson.
(c) When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides as soon as practicable and render a decision within thirty (30) days after it has completed its hearing.
14.04 Notwithstanding the above, if an arbitrator authorized representative of the Saskatchewan Joint Board, Retail, Wholesale and Department Store Union claims a violation of this Agreement, he/she may invoke the grievance procedure at Step 2 as the grieving party on behalf of the Union or on behalf of any employee or employees concerned.
14.05 A representative of the Saskatchewan Joint Board, Retail, Wholesale and Department Store Union may at any time be present at any stage of the grievance procedure or at any meeting or discussion of complaints, disputes or collective bargaining negotiations.
14.06 It is agreed by the parties that Management may file a grievance by submitting in writing to the Union Representative the issue in contention and the remedy sought. If a satisfactory response is not received within five ten (510) calendar working days, they may then proceed to Arbitration as in Article 14.03.
14.07 If a response is not received on time or a meeting is not convened on time at any stage of the Federal Mediation grievance procedure, the Union or Management may proceed to the next step of the grievance procedure.
14.08 The Arbitration Board shall have the power to receive and Conciliation Service accept evidence and information, on oath, affidavit or otherwise, as in its discretion it considers proper.
14.09 The Board of Arbitration in reaching its decision shall be asked governed by the Union provisions of this Agreement and shall not have the authority to provide each Party with change, alter, modify, amend or delete any of its provisions. A decision of a list of fifteen (15) arbitrators. The selection majority of the arbitrator Board shall be by each Party alternately striking off a name from taken to be the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall decision of the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision Board and shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionall parties concerned.
G. The Arbitrator14.10 A Shop Xxxxxxx or Union Representative must be present when any discipline is administered to any employee or when any document is placed in an employee's file. Any disciplinary document placed in an employee’s fee file shall be copied and all incidental forwarded to the Union. Employees shall have access to their file upon request.
14.11 Each party shall pay the fees and expenses of its nominee to a Board of Arbitration. Each party shall pay one-half (50%) of the fees and expenses of the arbitration Chairperson of the Board of Arbitration.
14.12 Nothing herein shall prohibit the parties from agreeing to a single Arbitrator. If so, then the Articles pertaining to an Arbitration Board shall apply to the sole Arbitrator.
14.13 No written warnings shall be borne equally by used against employees for disciplinary purposes after a period of one (1) year has elapsed from date of issue, provided an employee does not have discipline of the Parties heretosame or similar nature within the year.
17.2 Any and all matters of controversy14.14 The Employer must give one (1) day’s notice prior to any written discipline being administered to any employee.
14.15 Should an employee inadvertently, dispute or disagreement of any kind otherwise, be penalized, laid off, dismissed, recalled, promoted, demoted or character existing between the Parties and arising transferred out of his/her job classification and it is later established that such penalty, layoff, dismissal, recall or failure to recall, promotion, demotion or transfer was unfair and/or not in any way involving accordance with the interpretation provisions of this Agreement, he/she shall immediately be returned to his/her former status in all respects and shall be compensated for all wages and benefits lost by reasons of such penalty, layoff, recall, or application failure to recall, promotion, demotion, dismissal or transfer.
14.16 All negotiations of grievances shall be dealt with during working hours, and no employee or employee's representative of the terms Union will suffer loss of this Agreement shall be settled and resolved pay by reason of time spent in discussion of grievances with the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableEmployer.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under In the event of any dispute between the Union or any of the persons subject to this contract should be presented Agreement and the Producer with regard to wage scales, hours of employment or working conditions or with regard to the Store Director by interpretation of this Agreement concerning such provisions,1 the grieving partyprocedure, either the Union in appropriate cases or the employee. It is the joint responsibility unless otherwise specifically provided herein, shall be as follows: 1 Any such disputes that give rise to an alleged violation of Sections 8(a)(1) and/or 8(a)(3) of the Store Director National Labor Relations Act, or in which the facts alleged would constitute such a violation, are also subject to the grievance and arbitration procedure in this Article 7. following the grieving Party receipt of such notice, unless either party objects to submission of the dispute to Step Two as provided below. The Grievance Committee shall consist of a designated Representative of the Local Union and a representative of CSATF. The parties to the grievance shall be present and shall be responsible for the presentation of their own position at such time and place. Failure of either party to the grievance to comply with the foregoing requirements shall be deemed a waiver of the claim or waiver of any defense to the claim, as the case may be. The Grievance Committee shall schedule the order of the grievances to be heard. Prior to beginning the hearing, the panel shall attempt to solve assist the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result parties in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to mutually resolving the grievance.
B. When such notification is served, . If the Employer, or his representative, shall meet the Union and attempt parties fail to resolve the issue.
C. grievance with the assistance of the panel, either party shall have the right to opt out of the Step Two hearing before it begins and may instead proceed to arbitration. If neither party opts out of the Parties are unable to resolve the disputeStep Two hearing, the Union may request that Grievance Committee will afford the dispute be arbitrated if parties an oral hearing on the merits of such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator grievance and render a written decision thereon within five (5) calendar daysworking days from the close of the hearing, but in no event later than twenty (20) working days after the Federal Mediation and Conciliation Service hearing commenced. The Second Step shall be asked by an informal one and for the Union to provide each Party with a list purpose of fifteen (15) arbitratorsresolving the grievance. The selection Committee shall determine its own rules and procedures. The decision of the arbitrator Committee shall not be by each Party alternately striking off a name from precedential. The decision of the list until one remains.
E. The Arbitrator shall have no power to add toGrievance Committee, subtract fromif any, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does upon the parties and any employees concerned. If the grievance is not exceed settled within five (5) working days after the limits found herein invocation of Step One and neither Party has had if the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses aggrieved party objects to submission of the dispute to Step Two, then it may proceed immediately to expedited or regular arbitration, as provided below, by delivering or mailing, within five (5) days thereafter, a written request for expedited arbitration shall be borne equally by or a written demand for regular arbitration, as provided below. If the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application responding party objects to submission of the terms dispute to Step Two, it shall so notify the other party at least three (3) days prior to the Step Two hearing. The aggrieved party shall thereupon have the right to proceed to expedited or regular arbitration, as provided below, within ten (10) working days after receipt of this Agreement shall be settled and resolved by such notice from the procedures and in the manner set forth in this Section 17responding party. If a question of the arbitrability of an issue is raised by either Partybypass Step Two, such question shall be determined as provided in the first instance by paragraph under "Step Two" above, or has decided to opt out of Step Two, as provided in the arbitrator or board. Neither Party to this Agreement shall refuse to third paragraph under "Step Two" above, the parties may proceed to expedited or regular arbitration upon as provided below. In either case, the grounds that time limit for doing so shall be as provided under "Step Two" above, except when a party has elected to opt out of Step Two in accordance with the matter third paragraph under "Step Two" above, in question is not arbitrablewhich case the aggrieved party may proceed to regular or expedited arbitration, as provided below, by delivering or mailing to the other party and to CSATF, within ten (10) days after the date of the Step Two meeting, a written demand for expedited or regular arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under For the purposes of this Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays.
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, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract should between the Union and the City.
Section 2. A grievance is hereby jointly defined to be presented any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to the Store Director wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility on behalf of the Store Director affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the grieving Party to attempt to solve the problem or problems as quickly as remedy which is possiblesought.
Section 4. Failing to solve said problem or problems Grievances shall result be processed in the following stepsmanner:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen Step 1. Within ten (1410) calendar working days of the occurrence of the disagreement giving rise to the grievance, the employee must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the Department Head for a meeting to discuss the grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the employee's actual letter requesting a review as described in this step. The employee is entitled to be represented by a Union representative(s) and/or by the Union's attorney at this meeting. The Department Head will render a written decision within ten (10) working days of the meeting with the employee.
B. When such notification Step 2. If the grievance is servednot solved under Step 1, the Employer, employee may request a hearing before the Personnel Board or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union in its sole discretion may request that the dispute matter be arbitrated if taken to arbitration arbitrator by notifying the Personnel Director in writing, within five (5) working days from the date of decision in Step 1. Upon such request is received by written notification, the Employer by Personnel Director shall arrange for a hearing before the close of business (5:00 p.m.) Personnel Board within thirty (30) calendar working days from the date of request as described in this Step for a hearing before the Personnel Board. If there is a request to take the grievance to arbitration, the following procedure in the Sections stated below shall be followed, and the Personnel Director shall arrange, either through the City Attorney’s Office or through the Director’s office, to select an arbitrator with the Union or its representative. If such Personnel Board hearing and written decision do not resolve the grievance, then arbitration may be requested under the procedure hereinafter provided.
Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the date express purpose of the Union receives contractual provision in question. It is also understood and agreed that it is the Employer’s final answerintent 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.
D. In Section 6. Upon receipt of a notice of intent to arbitrate a grievance, the event City, through its designated representative, and the Parties employee, or his designated representative, shall promptly meet and attempt to select an arbitrator by mutual agreement. If the parties are unable to agree upon the selection of select an arbitrator within five (5) calendar daysby this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with (FMCS) requesting a list of fifteen five (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.5)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 6.01 It is agreed that it is the spirit and intent of this contract should be presented Agreement to adjust grievances promptly. Either Party to this Agreement may lodge a grievance relating to the Store Director by the grieving partyinterpretation, either the Union in appropriate cases application or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term administration of this Agreement, need not 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 considered unless notification in writing is served adjusted, if possible, by the Union upon negotiations between appointed Representatives of the Employer and the Union, such grievance must be presented within fourteen five (145) calendar working days of knowledge of the initial occurrence giving rise to the grievance.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
B. When such notification is served6.03 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, or his representative, shall meet the Union and in an attempt to resolve settle the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the matter in dispute amicably. An answer shall be arbitrated if such request is received given by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives or the Employer’s final answerRepresentative 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.
D. In the event 6.04 Where a settlement is not reached as provided for in Article 6:03, then either of the Parties are unable may notify the other Party in writing of its desire to agree upon submit the selection difference or allegation to Arbitration, and the notice shall contain the name of an arbitrator 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) calendar days, advise the Federal Mediation and Conciliation Service shall be asked by the Union to provide each other Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from of its nominees to the list until one remainsArbitration Board.
E. 6.05 The Arbitrator two nominees so selected shall have no power to add towithin five(5) working days of the appointment of the second of them, subtract from, amend, change or otherwise modify this Agreement. Nor appoint a third Party who shall act as Chairman of the Arbitrator impose any limitation or obligation on either party not expressly found in this AgreementArbitration Board.
F. 6.06 If the recipient of the notice fails to appoint an Arbitrator or if the two appointees fail to agree on a Chairman
6.07 The Arbitrator’s 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 on both upon the Parties provided 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 does not exceed is understood that the limits found herein and neither Party has had authority of the Arbitrator’s award vacated Arbitration Board or the decision made by a court such Board is limited in that there shall be no alteration or addition to or subtraction from or modification or amendment to any part of competent jurisdictionthis Agreement.
G. 6.08 The Arbitrator’s fee fees and all incidental expenses of the Chairman shall be borne one-half (1/2) by the Union and one-half (1/2) by the Employer. Any other costs or expenses in connection with such arbitration shall be borne equally by the Parties heretoParty which incurs them.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 2 contracts
Samples: Provincial Concrete Sawing & Drilling Agreement, Provincial Concrete Sawing & Drilling Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should A. The term grievance shall be presented interpreted to mean a complaint by an administrator that there has been an alleged violation of the Store Director collective bargaining agreement.
1. An administrator may initiate a grievance by first discussing the matter with his/her immediate supervisor. An Association officer shall be provided immediately upon request. If the grievance cannot be satisfactorily resolved at Step One, it may be submitted to Step Two by the grieving party, either the Union in appropriate cases or the employeegrievant and Association.
2. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen Within ten (1410) calendar days of the occurrence giving rise supervisor’s response, at Step One, or as otherwise provided, the Association and grievant shall submit to the grievance.
B. When such notification is served, Superintendent or his/her designee at Step Two a written grievance which shall set forth the Employer, or his representative, shall meet the Union nature and attempt parties to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that contract provision allegedly violated, and the dispute relief requested. Should either party so request, a grievance meeting shall be arbitrated if such request is received by held at Step Two between the Employer by grievant, the close of business (5:00 p.m.) Association and the Superintendent or his/her designee within thirty (30) calendar ten days of the date submission of the Union receives written grievance. Within the Employer’s final answerten (10) days of said submission, or the meeting if requested, the Superintendent or his/her designee shall notify the Association of his/her decision.
D. In 3. If the event grievance is not resolved at Step Two, the Parties are unable grievance, at the option of the Association, may be submitted as Step Three by the Association to agree arbitration. The Association will submit in writing to the Superintendent or designee its intention to arbitrate within ten (10) days of receipt of the written disposition of the Superintendent or designee.
4. After the request for arbitration has been made, the parties will attempt to choose a mutually acceptable arbitrator. If this attempt is unsuccessful, the arbitrator will be selected in accordance with the rules and regulations of the American Arbitration Association. The award will be binding upon the selection of an arbitrator within five (5) calendar daysAssociation, District and the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remainsemployee involved.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under For the purposes of this Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays.
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, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract should between the Union and the City.
Section 2. A grievance is hereby jointly defined to be presented any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to the Store Director wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility on behalf of the Store Director affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the grieving Party to attempt to solve the problem or problems as quickly as remedy which is possiblesought.
Section 4. Failing to solve said problem or problems Grievances shall result be processed in the following stepsmanner:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen Step 1. Within ten (1410) calendar working days of the occurrence of the disagreement giving rise to the grievance, the employee must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the Department Head for a meeting to discuss the grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the employee's actual letter requesting a review as described in this step. The City will not sustain a grievance prosecuted by an individual employee who has not requested the Union to pursue the grievance or participate in the grievance, without consulting with the Union, and any remedy granted to said employee will not have precedential value with respect to future disputes involving other employees in the Bargaining Unit unless expressly agreed to by the Union. The employee is entitled to be represented by a Union representative(s) and/or by the Union's attorney at this meeting.
B. When such notification Step 2. If the grievance is servednot solved under Step 1, the Employer, employee may request a hearing before the Personnel Board or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union in its sole discretion may request that the dispute matter be arbitrated if taken to arbitration by notifying the Human Resources Director in writing, within five (5) working days from the date of decision in Step 1. Upon such request is received by written notification, the Employer by Human Resources Director shall arrange for a hearing before the close of business (5:00 p.m.) Personnel Board within thirty (30) calendar working days from the date of request for a hearing before the Personnel Board. If there is a request to take the grievance to arbitration, the following procedure in the Sections stated below shall be followed, and the Human Resources Director shall arrange, either through the City Attorney’s Office or through the Director’s office, to select an arbitrator with the Union or its representative.
Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the date express purpose of the Union receives contractual provision in question. It is also understood and agreed that it is the Employer’s final answerintent 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.
D. In Section 6. Upon receipt of a notice of intent to arbitrate a grievance, the event City, through its designated representative, and the Parties employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the parties are unable to agree upon the selection of select an arbitrator within five (5) calendar daysby this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with (FMCS) requesting a list of fifteen five (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.5)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should Article 4.01 All potential grievances shall first be presented to discussed between the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director shop xxxxxxx(s) and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator site supervisor within five (5) calendar daysdays after knowledge of the alleged violation or issue arising from the complaint.
Article 4.02 If the matter is not satisfactorily displaced of under Article 4.01, or if the issue is arising from a dismissal, a suspension or a policy grievance, the Federal Mediation and Conciliation Service matter shall be asked referred by the Shop Xxxxxxx to the Assistant Business Manager/Business Manager of the Union, who will determine whether a grievance should be filed with the Supervisor or Human Resources Manager. Said Grievance must be filed within ten (10) business days of the discussion in 10.
1. A written decision will be presented to the Union within ten (10) business days of filing the grievance.
Article 4.03 If the grievance is not satisfactorily disposed of under Article 4.02, the Union may submit an appeal to provide each Party with the Employer, who will elevate the issue for further consideration. A written decision will be provided to the Union within ten (10) business days.
Article 4.04 If the grievance is not satisfactorily disposed of under Article 4.03 either party to this agreement may refer the grievance to a list Sole Arbitrator within ten (10) days of fifteen (15) arbitratorsreceiving the decision under Article 4.03. The selection parties will, by mutual agreement, select a Sole Arbitrator. In the event the parties fail to agree on a Sole Arbitrator, either party may request the Minister of Labour to make the selection.
Article 4.05 The decision of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed parties. Each party shall pay one half (½) of the limits found herein fees and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration arbitration. The Sole Arbitrator shall deal only with the questions referred to them and without limiting the foregoing shall not extend, modify, or amend any part of the Agreement. In case of grievance for discharge, suspension or other actions of discipline, such grievance may be settled by the Sole Arbitrator by confirming the Employer’s decision in discharging, suspending, or disciplining the employee, or by reinstating the employee with full, partial or no compensation for time lost, or any other arrangement which is just and equitable in the opinion of the Sole Arbitrator.
Article 4.06 Should either party fail to proceed with the grievance within the time limits set out in this Article 4, the grievance shall be borne equally by deemed to have been settled as per the Parties heretorequested remedy or abandoned.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth Article 4.07 All time periods mentioned in this Section 17Article exclude Saturdays, Sundays, and recognized Holidays. If a question The time limits may be extended by mutual agreement between both parties. Such an extension of the arbitrability of an issue is raised by either Party, such question shall time will not be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableunreasonably withheld.
Appears in 1 contract
Samples: Memorandum of Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 6.01 A grievance shall not be presented considered if the circumstances giving rise to it occurred or originated more than five (5) working days prior to the Store Director filing of the grievance.
6.02 Any matters raised by an employee of the Union covered by the grieving partyterms of this Agreement regarding the administrative interpretation, either the Union in appropriate cases alleged violations, or the employee. It is the joint responsibility applications of the Store Director and the grieving Party Agreement, may be submitted as a grievance. An xxxxxxx effort will be made to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result settle any grievance that may arise in the following stepsmanner:
A. Step 1 The employee shall discuss it with their supervisor or designate and will be accompanied by their committee person if requested. The parties shall discuss the complaint with a view to resolving it. The supervisor or designate shall give an oral reply as soon as possible, but in all cases within three (3) working days from the original presentation of the grievance.
Step 2 Complaints not resolved at Step 1 will be submitted in writing as a grievance to the Facility Manager, or their designated representative, by the committee person within three (3) working days from the date the Step 1 decision was rendered. The Facility Manager, or the designated representative, shall investigate the grievance, meeting with the griever, supervisor, committeeperson and witnesses and submit written answers to the grievances within five (5) working days from the meeting.
Step 3 Grievances not resolved at Step 2 will be submitted to the Director of Human Resources, or a designated representative, by the committee person within five (5) working days from the date on which the Step 2 decision was rendered. A grievanceStep 3 meeting will be held with the Director of Human Resources, Facility Manager, Union Chairperson, committee person and the aggrieved employee within seven (7) working days The Director of Human Resources, or their designated representative, shall submit written answers to the grievances within seven (7) working days after the Step 3 meeting is held.
6.03 Committee Persons will be afforded reasonable time off from their work, to assist in the settlement of issues and grievances and in the administration of this Agreement as may be required; provided that arrangements for such time off shall first be made with the Facility Management to avoid interference with the facility operations. When meetings between these representatives, the griever and the Facility Management are such that they can only be held at the facility and during the regular work hours of such representatives and the griever there shall be no loss of earnings to any employee participating in such meetings.
6.04 A Union Policy or Group Grievance, which is defined as a an alleged violation of this Agreement concerning the Union as a whole or all or a substantial number of employees in the bargaining unit, in regard to which an express written term individual employee could not grieve, may be lodged by an authorized representative of this Agreementthe Union, need in writing, with the Company at Step 3 of the Grievance Procedure at any time within five (5) working days after the circumstances giving rise to such grievance occurred or originated. If not satisfactorily settled, it may be considered unless notification processed to arbitration in writing is served the same manner and to the same extent as the grievance of an employee.
6.05 If a claim by the Company that the Union upon or any of its authorized representatives have violated this Agreement may be filed as a grievance by the Employer Company with the Union’s Chairperson at any time within fourteen five (145) calendar working days of the occurrence circumstances giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, . The Union shall meet with the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator Company within five (5) calendar days, working days thereafter to consider the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorsgrievance. The selection If final settlement of the arbitrator shall grievance is not reached, it may be by each Party alternately striking off processed to arbitration in the same manner and to the same extent as a name from the list until one remainsunion policy grievance.
E. The Arbitrator shall have no power 6.06 Both parties to add tothis Agreement agree that any dispute or grievance concerning the interpretation, subtract fromapplication, amend, change administration or otherwise modify alleged violation of this Agreement. Nor shall , including the Arbitrator impose question of whether any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed matter is arbitral, that has been properly carried through all the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses steps of the arbitration shall grievance procedure, and that has not been settled may, within ten (10) working days after receipt of the Step 3 written answers covering the grievance, be borne equally by referred to an Arbitrator at the Parties request of the moving party hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application 6.07 Each of the terms of parties to this Agreement shall be settled will bear their own expenses and resolved by will jointly bear the procedures and in expense of the manner Arbitrator.
6.08 The moving party may apply for the appointment of an Arbitrator, under the expedited arbitration provision of the Ontario Labour Relations Act.
6.09 The time limits set forth in this Section 17. If a question Article may be extended by mutual agreement of the arbitrability of an issue is raised by either Partyparties, such question shall be determined confirmed in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds writing.
6.10 The union may request that the matter in question is not arbitrablelocal union President and or National Representative may attend the Step 3 meeting by request of either party.
6.11 The term working day will exclude Saturday, Sunday, Holiday and or Vacation days.
6.12 The Company will provide at the 3rd Step meeting pertinent disciplinary notices, payroll and attendance records and or other relevant information.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under Section 1: A grievance is defined to be any question of interpretation or application of this contract should Agreement and shall be presented to processed as follows:
Step 1: The union representative, with or without the Store Director by aggrieved employee, may take up the grieving party, either the Union grievance or dispute verbally or in appropriate cases or writing with the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer 's immediate supervisor within fourteen five (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (305) calendar days of the date of the Union receives grievance or his knowledge of its occurrence. The supervisor may require the Employer’s final answer.
D. In attendance of the event employee at the Parties are unable discussion if he so elects, shall attempt to agree upon adjust the selection of an arbitrator matter, and shall respond to the xxxxxxx or representative within five (5) calendar days.
Step 2: If the grievance has not been adjusted, it may be presented in writing to the Department Head within five (5) calendar days after the supervisor's response is received or is due. The Department Head shall investigate the matter, hold such hearings as he deems advisable, and shall respond to the xxxxxxx in writing within five (5) calendar days.
Step 3: If the grievance still remains unadjusted, it may be presented to the Town Manager in writing within five (5) calendar days after the response of the Department Head is due. The Town Manager may conduct such investigations and hold such hearings as he deems advisable, and shall respond in writing with fourteen (14) calendar days after receipt of the written grievance.
Section 2: Arbitration If the grievance has not been adjusted, the Federal Mediation Union, and Conciliation Service not any individual employee(s) may submit the grievance to arbitration. Submission shall be asked made by registered mail, addressed to the American Arbitration Association, postmarked no later than twenty (20) calendar days following receipt of the Town Manager's response, with a concurrent copy mailed to the Town Manager. Such arbitration shall be conducted under the rules of the American Arbitration Association. The costs shall be shared equally by the Union to provide each Party with a list of fifteen (15) arbitratorsparties. The selection of arbitrator's decision shall be final and binding on the parties, provided, however, the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change alter or otherwise modify this Agreement. Nor shall amend the Arbitrator impose any limitation or obligation on either party not expressly found in provisions of this Agreement.
F. Section 3: In those instances where an employee's immediate supervisor is the Department Head, the grievance procedure shall start at Step 2.
Section 4: An aggrieved employee may act as the moving party and may process his grievance through the various steps of the grievance procedure without the Union representative in attendance, if he so elects. The Arbitrator’s decision employee shall also have the right to process his own grievance with his own personal representative, but the Union shall have the right to have a representative present at all steps of the procedure.
Section 5: Nothing herein contained shall be final and binding on both Parties provided it does not exceed construed as limiting the limits found herein and neither Party has had right of any employee having a grievance to discuss the Arbitrator’s award vacated by a court matter informally with his supervisor, Chief of competent jurisdictionPolice or the Town Manager in the hope of having the grievance adjusted to his satisfaction.
G. The Arbitrator’s fee and all incidental expenses Section 6: Once an employee covered by this contract initiates the formal processing of the arbitration a grievance under this Article, he shall be borne equally by barred from handling it on a basis with the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between administration; it being the Parties and arising out of or in any way involving the interpretation or application of the terms intention of this Agreement that once a remedy of a formal grievance procedure is elected that remedy shall be settled and resolved exclusive.
Section 7: A grievance shall be deemed waived unless processed by the procedures and in grievant to the manner set forth in this Section 17. If a question of next higher step within the arbitrability of an issue is raised by either Partytime limits specified, provided, however, such question time limits may be extended by mutual agreement. Such request for extension shall not be determined withheld in extraordinary circumstances which preclude compliance with the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrabletime limits.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under SECTION 1 For purposes of this contract should be presented to the Store Director by the grieving partyagreement, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which a grievance is defined as a violation dispute between the Company and the employees covered by this agreement concerning the application and interpretation of a specific provision or provisions of the agreement as written. A controversy as to any matter not specifically covered by an express written term provision of this Agreementagreement, need or which arose prior to the signing of this agreement, shall not be considered unless notification subject to the grievance or arbitration procedures. The procedures set forth in writing is served by this Article shall be the Union upon exclusive means for the Employer within fourteen disposition of all grievances under this agreement. All grievances shall be processed in the following manner: The written grievance shall contain the following:
(14a) calendar days A statement of the occurrence giving rise to the grievance., containing all known pertinent facts including the employee or employees affected;
B. When such notification is served(b) The Article and paragraph of this Agreement alleged to have been breached or violated, and the Employermanner in which it was breached or violated;
(c) The date, or his representativetime and place of the alleged violation;
(d) The names of the persons present, if known, having direct personal knowledge of facts involved;
(e) A statement of what the aggrieved considers a reasonable and appropriate adjustment of the grievance;
(f) The grievance shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received signed by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days grieving employee; Grievances missing any of the date above elements shall not be considered. The Project Manager shall give the Union receives employee and/or the Employer’s final answer.
D. In xxxxxxx a written answer to the event the Parties are unable to agree upon the selection of an arbitrator grievance within five (5) calendar daysnormal working days of the receipt thereof. If the Project Manager does not respond to the grievance in writing within the time specified, the Federal Mediation and Conciliation Service shall grievance will be asked deemed to have been denied by the Union Company, and the grievance may be taken to provide each Party with the next section in this procedure.
SECTION 2 If a list of fifteen (15) arbitrators. The selection grievance affects more than one employee, only one employee shall represent the other grieving employees at all steps of the arbitrator shall be by each Party alternately striking off a name from the list until one remainsgrievance procedure.
E. The Arbitrator shall have no power SECTION 3 If the Union or employee fails to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall appeal the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed grievance within the time limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17the grievance steps, the grievance will be considered settled based on the Company's last answer. If the Company fails to respond to the grievance within the time limits set forth in the grievance steps, it shall be construed as a question denial of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrablegrievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising Section 9.1 In the event of any dispute between parties of this Agreement as to the rights and/or obligations under this contract should Agreement, a representative of Local 565 and a representative of the Employer shall be presented immediately notified. Every effort possible shall be made by these individuals to settle the dispute before the subsequent provisions of this Article are invoked. This Article shall not be applicable to, nor invoked insofar as any controversy, which may arise concerning fringe benefit funds.
Section 9.2 In the event that a dispute is not settled under the provisions of Section 9.1, it shall be referred to the Store Director by the grieving party, either Joint Grievance Committee composed of two representatives of the Union in appropriate cases or the employee. It is the joint responsibility and two representatives of the Store Director Association. Said Committee shall meet within two working days following receipt of written notice to the Union and to the grieving Party Association from either of the parties to attempt the dispute. The Joint Grievance Committee reserves the right to solve make the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result final decision in any dispute and final interpretation of any of the following steps:
A. A grievance, which is defined as a violation of an express written term provisions of this Agreement.
Section 9.3 (a) In the event a grievance is not satisfactorily settled by the Joint Grievance Committee with five (5) working days after having been first considered by such Joint Grievance Committee, need not be considered unless notification the Union or the Association may elect to submit such grievance to impartial arbitration by notifying the other party and the affected Employer in writing is served by to that effect. The Union and the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise Association may mutually agree to the grievance.
B. When such notification is serveda permanent impartial arbitrator. If they have not agreed to a permanent arbitrator, the Employer, or his representative, shall meet the Union and attempt the Association shall thereupon select a disinterested person to resolve the issue.
C. act as an impartial arbitrator for such grievance. If the Parties are unable Union and the Association cannot agree upon such impartial arbitration, then such impartial arbitrator shall be selected from a list of five (5) arbitrators to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received furnished by the Employer Federal Mediation and Conciliation Service, said selection to be effected by the close of business parties alternatively striking names from such list and the person whose name remain on the list after four (5:00 p.m.4) within thirty (30) calendar days having been so stricken shall be the impartial arbitrator. Such selection of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an impartial arbitrator shall be effected within five (5) calendar daysdays (excluding Saturdays, Sundays and Holidays) after receipt of the list from the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remainsService.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 18.01 Prompt consideration shall be presented given to the Store Director by the grieving party, either the Union grievances. As used in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need a business day is a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a federal or Washington State holiday.
18.02 Any complaint arising among the employees or Employer over the interpretation or ap- plication of any specific provisions of this Agreement shall be considered unless notification processed as follows:
(a) Any such complaint shall first be presented verbally by the employee to his or her immediate supervisor. However, if not resolved the grievances must be referred in writing is served by the Union upon to the Employer or its designated representative within fourteen seven (147) calendar working days from the date of the occurrence incident giving rise to the grievance.
B. When such notification (b) If no satisfactory agreement is servedreached in Step 1, the matter shall, within ten (10) working days after it was first brought to the attention of the Employer or Union, be referred in writing to a higher official designated by the Employer. Such time limits can be extended by mutual consent of the parties.
(c) If the complaint cannot be settled in Step 2, it may, within ten (10) working days after the written grievance was presented to the Employer in Step 2, be referred in writing by the Union or the Employer involved, to the Joint Labor Relations Board.
18.03 There is hereby established a Joint Labor Relations Board which has only the authority to perform the functions set forth herein and its jurisdiction is limited to considering only those issues identified in the written grievance.
18.04 The Board shall be composed of three (3) representatives of the Contractors, all of whom must be actively engaged as roofing Employers, and three (3) representatives of the Union, all of whom shall be active members in good standing of the Local which they represent and employees of firms party to this Agreement. The Contractors and the Union shall, in addition to their three (3) members, appoint one (1) alternate from each group.
18.05 Two (2) members from each party hereto shall constitute a quorum. Proxies shall not be allowed, and in no event shall the number of votes cast by representatives of the other party exceed in number the votes cast by representatives of the other party, regardless of the number of representatives present.
18.06 The Joint Labor Relations Board shall require a majority vote to carry any question. The decision of the Board shall be final and binding upon all parties to this Agreement, except as herein provided.
18.07 The Joint Labor Relations Board shall have the right to summon, question, and examine any party to this Agreement, or their representative or agents, pertaining to any grievance or dispute which may arise over the interpretation or application of any provision of this Agreement.
18.08 If the parties cannot reach majority agreement, either party may, within ten (10) working days from the date the dispute was referred to Step 3, refer the matter in writing to an Arbitration Committee consisting of one (1) representative of the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business one (5:00 p.m.1) within thirty (30) calendar days representative of the date the Union receives the Employer’s final answer.
D. Union, and a third member to be chosen by these parties. In the event the Parties arbitrators designated by the parties are unable to agree upon the selection of an third arbitrator within five ten (510) calendar working days, the Federal Mediation and Conciliation Service shall be asked by requested to submit a local regional panel of five (5) qualified and approved arbitrators, from which list the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the third arbitrator shall be selected by each Party the other two members of the Arbitration Committee, alternately striking off a one name from the list until only one remainsname shall remain.
E. 18.09 The Arbitrator decision of the majority of the Arbitration Committee shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall be rendered in writing within ten (10) working days after the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision close of the hearing and shall be final and binding on both Parties provided it does upon all parties hereto. Any decision rendered shall be within the scope of this Agreement and shall not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court change any of competent jurisdictionits terms or conditions.
G. 18.10 The Arbitrator’s fee power and all incidental expenses authority of the arbitration arbitrators shall be strictly limited to determining the meaning and interpretation of the express terms of the Agreement as herein explicitly set forth. They shall not have authority to add to or subtract from or modify any of the said terms of the Agreement, or to limit or impair any right reserved to management or the Union. No decision of the arbitrators in one case shall create a basis for retroactive adjust- ments in any other case.
18.11 All time limits referred to in this Step may be extended by mutual consent. The costs of the third arbitrator shall be borne equally by the Parties heretoparties.
17.2 Any 18.12 If an employee or the Union fails to process a grievance within the time limits set forth above and all matters of controversythe procedure is not waived by mutual agreement, dispute or disagreement that grievance shall be deemed waived and such failure shall bar to any future action thereon. If the Employer fails to respond within the time limits prescribed, unless the procedure is waived by mutual written agreement, the grievance shall be considered having automatically advanced to the next step in the Grievance Procedure.
18.13 The Union shall not be required to press employee grievances if, in the Union's opinion, such lack merit. With respect to the processing, disposition, and/or settlement of any kind grievance, including hearings and final decisions of Boards and Arbitrators, the Union shall be the exclusive representative of the employee(s) covered.
18.14 A grievance shall not be processed under this Agreement on behalf of any employee who files or character existing between the Parties and arising out of prosecutes, or permits to be filed or prosecuted on his behalf, in any way involving the interpretation court or application government agency a claim, complaint or suit complaining of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Partyaction grieved under federal, such question shall be determined in the first instance by the arbitrator state or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrablemunicipal law or regulation.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under SECTION 1. A grievance is limited to and defined as any difference, dispute or complaint between the City and the FOP involving the application or interpretation of this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employeeAgreement. It is mutually agreed that a grievance shall be settled only in accordance with the joint responsibility procedure herein provided and that there shall at no time be any concerted strikes, work stoppages, tie-ups of equipment, slow-downs, walk-outs, safety strikes or any other concerted failure or refusal to perform assigned work for any reason. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the City and the FOP.
SECTION 2. Time is considered to be of the Store Director essence for the purposes of this Article. Accordingly, any grievance which is not filed and processed within the time limits set forth in this Article will be presumed to be barred, forfeited, abandoned and foreclosed for all contractual and legal purposes. Any grievance not answered by the City within the time limits provided below will be deemed to be denied, and the grieving Party aggrieved employee may proceed to attempt to solve the problem next higher step of the grievance procedure if he or problems as quickly as is possibleshe so desires. Failing to solve said problem or problems The City may raise the FOP’s and/or an employee’s untimely submission and/or processing of a grievance at any step of the grievance procedure.
SECTION 3. Grievances shall result be presented in the following stepsmanner:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer STEP 1. The aggrieved employee shall orally present his or her grievance to his or her immediate supervisor within fourteen seven (147) calendar days of the occurrence giving rise to time when the grievance.
B. When such notification is served, the Employer, alleged grievance occurred or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business within seven (5:00 p.m.) within thirty (307) calendar days of the time when the employee reasonably should have known of the alleged grievance. The aggrieved employee may request that a FOP representative be present. Discussion will be informal for the purposes
STEP 2. If the grievance is not resolved at Step 1, it shall be the responsibility of the aggrieved employee to reduce the grievance to writing on the regular grievance form as approved by the City and supplied by the FOP. The grievance shall be signed by the employee and shall specify:
a) the date of the Union alleged grievance; b) the specific Article(s) of this Agreement allegedly violated; c) the basic facts pertaining to or giving rise to the alleged grievance; and d) the relief requested. The grievance shall be presented to the Chief of Police within seven (7) calendar days after the date of receipt of the immediate supervisor’s decision at Step 1 above, or, if the immediate supervisor fails to render a decision, within five (5) working days from the date on which the decision was due. The Chief of Police shall render his or her decision in writing seven (7) calendar days from the date on which he or she receives the Employer’s final answergrievance.
D. STEP 3. If the grievance has not been satisfactorily resolved at Step 2, above, the grievant or the FOP representative may forward the grievance to the Personnel Director, within seven (7) calendar days from receipt of the written decision of the Chief of Police or, if no decision is rendered, within seven (7) calendar days after the Chief of Police’s decision was due. The Personnel Director shall meet with the aggrieved employee and designated FOP representative within seven (7) calendar days after
SECTION 4. In the event that a grievance processed through the Parties grievance procedure has not been resolved at STEP 3, above, the FOP may request that the employee’s grievance be submitted to arbitration within seven (7) calendar days after receipt of the Personnel Director’s response, or, if no response is made, within seven (7) calendar days after the response was due. The arbitrator may be any impartial person mutually agreed upon by the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the selection of an arbitrator within five (5) calendar days, parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in alternating fashion, thus leaving the seventh (7th) name, who will be the neutral or impartial arbitrator. The party requesting arbitration will strike the first (1st) name.
SECTION 5. Any of the time limits specified in Sections 3 or 4 may be waived or extended only by the mutually written agreement of the parties.
SECTION 6. When a grievance involves discipline in the form of suspension, demotion or termination, or where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the FOP and the City, it shall be asked presented directly at STEP 2 of the grievance procedure, within the time
SECTION 7. The City and the FOP shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his or her decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his or her consideration and determination to the written statement of the grievance presented in STEP 2 of the grievance procedure, as well as any defenses raised by the Union to provide each Party with a list of fifteen (15) arbitratorsCity. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power authority to change, amend, add to, subtract from, amend, change from or otherwise modify alter or supplement this AgreementAgreement or any part thereof or amendment thereto. Nor The arbitrator shall the Arbitrator impose have no authority to consider or rule upon any limitation or obligation on either party not expressly found matter which is stated in this AgreementAgreement not to be subject to arbitration or which is not a grievance as defined in this Article, except to the extent as specifically provided herein.
F. SECTION 8. The Arbitratorarbitrator may not issue declaratory opinions and shall confine himself or herself exclusively to the question(s) presented to him or her, which question(s) must be actual and existing.
SECTION 9. Each party shall bear the expense of its own witnesses and of its own representatives for the purposes of the arbitration hearing. The arbitrator’s decision fee and related expenses, and expenses of obtaining hearing room, if any, shall be equally divided between the parties. Any person desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such cost.
A. City Witnesses: FOP members required to testify in an arbitration hearing will be paid by the City. Time spent testifying will count as hours worked.
B. FOP Witnesses: On-duty employees required to testify at an arbitration hearing by the FOP will be made available to testify without loss of pay, however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return to work. The intent of the parties is to minimize time lost from work. Under no circumstances will off-duty FOP witnesses be paid for testifying at arbitration proceedings.
SECTION 10. The arbitrator’s award shall be issued within thirty (30) days after receipt of briefs by the parties, if any. Said award will be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionparties.
G. The Arbitrator’s fee SECTION 11. For the first twelve (12) months of consecutive service at full duty (as defined more specifically in Article 21, Section 2) with the City as a sworn and all incidental expenses certified law enforcement officer, an employee is probationary. That is, the employee serves at the will and pleasure of the arbitration shall City and thus he or she may be borne equally disciplined or discharged without explanation and for any reason deemed sufficient by the Parties heretoCity. Accordingly, probationary employees shall have no right to utilize this grievance/arbitration procedure for any matter concerning discharge, suspension or other discipline.
17.2 Any SECTION 12. The FOP will be furnished with a copy of each grievance filed by an employee within the bargaining unit, and all matters of controversy, dispute or disagreement of the City’s response(s) thereto.
SECTION 13. Employees may request to have a FOP representative present at any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application step of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrablegrievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 6.1 Any difference concerning the interpretation, application or operation of this contract should Agreement or any alleged violation thereof, including any question as to whether any matter is arbitrable, shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result dealt with in the following steps:manner.
A. A grievance, which is defined as a violation of an express written term 6.2 Disputes and appeals arising from the application of this Agreement, need Agreement or from suspensions and/or dismissals which cannot be considered unless notification settled directly between the individual Officer or his superior shall be submitted in writing is served by the Union upon Officer to the Employer Vancouver Office of the Guild, while the superior shall submit his opinion of the dispute in writing to the City Administrator.
6.3 Upon receipt of a written grievance referred to above, a Representative of the Guild shall, within fourteen (14) calendar days, submit the grievance in writing to the City Administrator.
6.4 If a satisfactory settlement is not reached within fourteen (14) days of the occurrence giving rise date that the grievance is submitted to the grievance.
B. When such notification is servedCity Administrator, the Employergrievance may, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of that date, be referred to the date Arbitrator, in the Union receives the Employer’s final answermanner provided as follows. The time limit may be extended by mutual agreement.
D. In 6.5 The Party desiring to arbitrate under this procedure shall notify the event other Party in writing of its intention, and the Parties are unable to agree upon particulars of the selection of an arbitrator matter in dispute.
6.6 The Party receiving such notice shall, within five (5) calendar daysdays thereafter, confirm such notification in writing.
6.7 The Parties shall then confer and shall within five (5) days choose a single Arbitrator to arbitrate the dispute and shall abide by the decision of such Arbitrator. Failing mutual agreement, the Federal Mediation and Conciliation Service shall Minister of Labour will be asked by the Union to provide each Party with appoint a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remainsChairman.
E. 6.8 The Arbitrator shall have no power sit, hear the Parties, settle the terms of the question or questions to add tobe arbitrated and to make his award within ten (10) days from the date of his appointment, subtract from, amend, change or otherwise modify this Agreementproviding the time may be extended by mutual consent of the Parties. Nor The Arbitrator shall the Arbitrator impose any limitation or obligation on either party not expressly found deliver his award in this Agreement.
F. The Arbitrator’s decision writing to each Party concerned and his award shall be final and binding on both Parties provided and they shall carry it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionout forthwith.
G. The Arbitrator’s fee and all incidental expenses 6.9 Each Party hereto shall respectively assume any expense in connection with the attendance at the sittings of the arbitration Board.
6.10 Any expense in connection with the appointment of an Arbitrator shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing divided between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableParties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes A Grievance is a difference arising under this contract should be presented to only from the Store Director by the grieving partyinterpretation, either the Union in appropriate cases administration, application or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a alleged violation of this Agreement including any questions as to whether the matter is An employee may lodge a grievance against his employer. The processing of such grievance shall be processed commencing with step one below. A grievance of an express written term of this Agreementemployee, need not to be considered unless notification in writing is served by considered, must be lodged with his employer within two working days following the Union upon the Employer within fourteen (14) calendar days of the occurrence incidence giving rise to the grievance.
B. When such notification griev- ance. Step One: An employee having a grievance shall first discuss the matter with his employer or the employer repre- sentative in an effort to have the matter resolved. The Employer shall give his position on the grievance within two working days. Step Two: If a satisfactory settlement is servednot reached at Step one, the Employergrievance shall be reduced to writing and signed by the setting out the nature of the grievance, the Article of this Agreement alleged to have been violated and the remedy sought. The Lo- cal Union with the in attendance shall meet with the Employer within three working days of receipt of his answer to Step One in an attempt to settle the difference. The Employer shall give an answer within three working days of this meeting. If a settlement is not reached, the matter shall be brought before the Local Joint Conference Board within three working days of receipt by the Local Un- ion of the answer referred to in Step Two above, or his representative, such time as is mutually agreedupon. edy sought by the and forwarded to the party against whom the grievance is made. A meeting shall meet be convened with all parties to the Union and attempt to resolve dispute within three working days of receipt of the issue.
C. grievance. If a settlement is not arrived at during this meeting or within such time as the Parties are unable to resolve the disputeparties mutually agree, the Union may request that matter shall be forwarded to the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) Local Joint Confer- ence Board. The Local Joint Conference Board shall convene within thirty (30) calendar five working days of receipt of a grievance. In matters touching upon the date interpretation of this Agree- ment, the Union receives Board shall forward the Employer’s final answer.
D. grievance along with their recommendations to the Provincial Joint Confer- ence Board. On all other matters the Local Board shall endeavour to arrive at a settlement. If no settlement can be reached, the matter may be referred to Arbi- tration. In order for the Local Joint Conference Board set- tlement of a grievance to be used by any party as a precedent in future cases, it must be filed with the Provincial Joint Conference Board for their unanimous concurrence. In the event the Parties are unable of failure to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service obtain such unanimous concurrence a settlement shall be asked by treated as being only applicable to the Union to provide each Party with a list of fifteen (15) arbitratorsfacts in question. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way grievance involving the interpretation or application of the terms of this Agreement shall be settled and resolved dealt with only by the procedures Provincial Joint Conference Board, such Board shall convene within five working days of receiving the grievance and in the manner set forth in this Section 17shall render a decision. If a question of the arbitrability of an issue is raised by either Partyno settlement can be reached, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrablemay be referred to Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under A grievance shall be a difference of interpretation of this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases Agree- ment or the employee. It is the joint responsibility violation of the Store Director provisions of this Agreement as well as any other complaint related to working conditions or relations between the nurses and the grieving Party to attempt to solve Hospital concerning the problem meaning, inter - pretation, application, administration or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a alleged violation of an express written term of this Agreement, need not . Every grievance shall be considered unless notification in writing is served by subject to the Union upon grievance and ion procedures set out hereunder. Step When a has a grievance she shall within ten (10) the Employer within fourteen (14) calendar days discovery or occurrence of the occurrence incident giving rise to the grievance.
B. When such notification is served, first discuss the Employergrievance with her immediate Management Supervisor, or his representative, who shall meet provide her with an answer within three (3) working days. Should the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received verbal answer given by the Employer by immediate Management upervisor not be acceptable to the close of business (5:00 p.m.) within thirty (30) calendar days the grievance shall be submitted in writing to the Head of the date Nursing Department within three (3) working days. The Head of the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator Nursing Department shall give her decision in writing within five (5) calendar daysworking days of the receipt of the grievance. Step If the decision of the Head of the Nursing Department i s to the the grievance shall be referred to the grievance committee; and, if supported by the Grievance Com- mittee, shall be referred to the Chief Executive Officer within five (5) working days of the receipt of the decision in Step The Chief Executive Officer shall meet with the Grievance Commit- tee and shall give a decision in writing within five (5) working days of receipt of the grievance. If the decision of the Chief Executive Officer is not acceptable to the Grievance Committee, the Federal Mediation and Conciliation Service shall matter may then be asked by referred to Arbitration. If it is decided to submit the Union grievance to provide each Party with a list of fifteen arbitra - tion, notice must be given to the Chief Executive Officer within ten (1510) arbitrators. The selection working days of the arbitrator shall be by each Party alternately striking off receipt of a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, Chief Executive Officer in Step Where a dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of general application or in - terpretation occurs, or the arbitrability Union has a grievance, steps and may be The employer may institute a grievance by delivering the same in writing to the President of an issue is raised by either Partythe Union and the President shall answer such grievance within five (5) days. If the answer i s not acceptable to the employer, such question shall be determined in the first instance by employer may within ten (10) days from the arbitrator or board. Neither Party day the President gives her answer, give ten (10) days' notice to this Agreement shall refuse the President of the Union of i t s intention to proceed refer the dispute to arbitration upon the grounds that the matter in question is not arbitrablearbitration.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. 4-1 A grievance, which grievance is defined as a any dispute, which arises regarding an interpretation, application, or alleged violation of an express written term any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, need individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the School Trustees, or any of its agents, for which relief is granted by the statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures, which may culminate in arbitration. Time limits indicated at each level of the grievance procedure set forth in this Article shall be
4-3 construed as maximum and an attempt shall be considered made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless notification the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing is served by either party. Verbal extensions shall be confirmed in writing by the Union upon party making the Employer request within fourteen two (142) calendar days school days.
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their Immediate Supervisor or the Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the occurrence giving rise problem with his/her Immediate Supervisor or the Appropriate Administrator prior to the filing a formal grievance.
B. When (b) If an Employee requests an informal discussion with his/her immediate Supervisor or the Appropriate Administrator concerning the subject matter of a potential grievance, such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute informal discussions will be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within held no later than thirty (30) calendar days of School Days from the date last day the Union receives the Employer’s final answeralleged violation occurred.
D. In the event the Parties are unable to agree upon the selection (c) It is understood and agreed that all aspects of an arbitrator within five (5) calendar dayssuch informal discussions, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator if any, which take place shall have no power to add to, subtract from, amend, change bearing or otherwise modify precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this AgreementArticle.
F. The Arbitrator’s decision (d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be final acknowledged by both parties and binding on both Parties provided it does not exceed forwarded to the limits found herein Association and neither Party has had the Arbitratorsuperintendent’s award vacated by designee, EmployeeManagement Relations Office. The absence of such a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration written resolution shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds serve as notice that the matter in question is not arbitrableformal grievance procedure may be initiated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to (Cont'd)
18:07 If the Store Director by disposition of the grieving partygrievance at the end of Step II meeting is not satisfactory, either party may notify the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) other within thirty (30) calendar days of and the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service grievance shall be asked submitted to arbitration. The procedure for arbitration shall be as follows:
18:07.01 The Board of Arbitration shall consist of one (1) member selected by the Union to provide each Party with a list of fifteen and one (151) arbitrators. The selection member selected by the Company and these two (2) members shall within seven (7) calendar days select the third (3rd) member of the arbitrator Board who shall act as Chairperson. If the representatives cannot agree on an impartial Chairperson within the time specified the appointment shall be made by each Party alternately striking off a name from the list until one remainsMinister of Labour for Ontario.
E. The Arbitrator 18:07.02 Such Board of Arbitration shall have no power jurisdiction to add toalter, subtract fromchange, amend, change amend or otherwise modify enlarge the terms of this Agreement. Nor However, such Board of Arbitration shall have the Arbitrator impose power to settle grievances by any limitation or obligation on either party not expressly found in this Agreementarrangement which the Board deems just and equitable with these terms.
F. 18:07.03 The Arbitrator’s decision and finding, which must be reached within twenty-one (21) calendar days after the Board of Arbitration is established, shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionparties.
G. 18:07.04 The Arbitrator’s fee and all incidental expenses cost of the arbitration third (3rd) arbitrator shall be borne equally by the Parties heretoUnion and the Company.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application 18:07.05 The decision of the terms majority of this Agreement the Board shall be settled the decision of the Board and resolved by if there is no majority the procedures and in decision of the manner Chairperson shall govern.
18:08 If any time limitations as set forth in this Section 17. If a question each step of the arbitrability of an issue is raised by either PartyGrievance Procedure are not met, such question the grievance shall be determined deemed to have been settled in favour of the first instance party who was timely in all respects. However, the time limitations as set forth may be extended by written mutual agreement in case of the absence of a necessary party or other reasons.
18:09 All grievances submitted to the Company in writing shall state the specific section(s) and/or paragraph(s) of the Agreement alleged to have been violated. However, arguments will not be limited to those specific section(s) and/or paragraph(s).
18:10 The Company will not pay employees' or witnesses' time attending arbitration proceedings or hearings, but agrees that the Union may call witnesses that are employees of the Company.
18:11 The Union may file a grievance alleging violation, mis-interpretation or non-application of any provision of this Agreement. Such a grievance will be entered by the arbitrator or boardPresident of the Local Union within forty-eight (48) hours after the facts become known. Neither Party to this Agreement shall refuse to proceed to arbitration upon Discussion of such grievances will begin at Step II of the grounds that the matter in question is not arbitrableGrievance Procedure as herein defined.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes 9.01 It is the intent of this grievance procedure to provide for the successful administration of this Agreement by providing this sole and exclusive procedure to be utilized by an employee, the Union, or the Centre for the prompt discussion and final and binding settlement of any grievance, without stoppage of work, arising from the interpretation, application, administration or alleged violation of this Agreement.
9.02 The term “grievance” shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement, including any questions as to whether a matter is arbitrable. The parties to this Agreement agree that it is of the utmost importance to adjust grievances as quickly as possible.
9.03 An employee shall not have a grievance until the matter has been discussed with her co- ordinator and the co-ordinator has been given five (5) working days to resolve the dispute. The Centre shall be under this contract no obligation to consider or process a grievance unless the issue has been discussed with her co-ordinator within seven (7) working days from the time the circumstances giving rise to the grievance were known or should have been known to the grievor.
9.04 If the co-ordinator does not resolve the dispute to the employee’s satisfaction, the employee may present a written grievance to the co-ordinator in accordance with the grievance procedure.
9.05 An employee’s written grievance must be presented to the Store Director by co-ordinator within five (5) work days from the grieving party, either day the Union in appropriate cases or co-ordinator gives her response pursuant to Article 9.03.
9.06 An employee’s written grievance shall be presented as follows: Step No. 1 An employee’s written grievance must be presented to her co-ordinator within five (5) working days from the employeeday the co-ordinator gives her response pursuant to Article 9.03 but not thereafter. It is the joint responsibility The written grievance shall set forth a brief outline of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence facts giving rise to the grievance.
B. When such notification is served, the Employerspecific sections of the Agreement which are alleged to have been violated; the remedy sought, or his representative, and shall meet the Union be signed and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received dated by the Employer by grievor. The co- ordinator shall respond to the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator grievance in writing within five (5) calendar daysworking days following the presentation of the grievance and the co-ordinator’s response shall terminate Step No. 1. Step No. 2 If the grievance is not settled at Step No. 1, the Federal Mediation and Conciliation Service shall grievance must be asked processed to Step No. 2 within five (5) working days after the receipt of the co-ordinator’s response, but not thereafter, by the Union presenting the grievance to provide each Party with a list of fifteen (15) arbitrators. The selection the co-ordinator or other designate of the arbitrator shall be by each Party alternately striking off a name from Centre. If the list until one remains.
E. The Arbitrator shall have no power grievance is not presented to add tothe co-ordinator or other designate within the five (5) working day period, subtract from, amend, change or otherwise modify this Agreementthen the response in Step No. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision 1 shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party parties to this Agreement shall refuse to proceed to arbitration and upon any grievor involved. Where the grounds that the matter in question is not arbitrable.grievance is
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under A grievance is any controversy between the Employer and the Union with respect to interpretation or application of any of the terms of this contract should agreement or compliance with any of the terms of this agreement. All grievances as defined above shall be settled in the following manner:
Step 1: The aggrieved party and xxxxxxx shall first discuss the grievance with the Chief with the objective of resolving the matter informally.
Step 2: If the matter is not resolved at Step 1, it may be submitted as a grievance, in writing, on the executed form to be provided by the Union and presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator Chief within five (5) calendar daysdays after the reason for the grievance has occurred. The grievance shall include the name(s) and position(s) of the aggrieved party; the current date and the details of the grievance and relief requested, including the specific clauses or provisions of the agreement alleged to be violated. A meeting between the designated Employer representative and a Union Business Representative will be held within seven (7) calendar days after receipt of the written grievance. Within seven (7) calendar days after such meeting, the Federal Mediation Employer will provide the Union with a written response to its grievance.
Step 3: If, at this point, the grievance has not been satisfactorily settled, either party hereto shall have the right to submit such grievance to arbitration providing such written submission is made within ten (10) calendar days after receipt of the Step 2 written response. The Employer and Conciliation Service the Union agree that the arbitrator shall be asked selected by the Union to provide each Party with a list of fifteen (15) arbitratorsprocess established by the Public Employment Relations Board. The selection arbitrator shall have no power or authority to add to, detract from or modify, explicit or implied, any express terms of this agreement, and his authority shall be limited to deciding only whether a specific provision of this agreement has been violated. Only one (1) grievance shall be submitted to or be heard by an individual arbitrator except by mutual written agreement of the parties. The decision of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed upon the limits found herein and neither Party has had parties hereto. In any event, should either party fail to comply with the Arbitratorarbitrator’s award vacated by award, the parties agree that either party may petition a court of competent jurisdiction.
G. jurisdiction to confirm and enforce said award and that judgment may be entered thereon unless the award is vacated by court order. The Arbitrator’s fee expense and all incidental expenses fees of the arbitration arbitrator and PERB shall be borne shared equally by the Parties heretoEmployer and the Union.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual 10.1. The parties hereby agree that all disputes or grievances between Employers and Unions, other than disputes arising from any strike, picketing, slowdown, lockout or other work stoppages of any kind under this contract should Article 7 or any jurisdictional disputes under Article 8, shall be presented to handled in accordance with the Store Director by following procedures:
10.2. Step 1. If there is a dispute or grievance, the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to parties shall first attempt to solve settle the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served matter by the Union upon the Employer within fourteen oral discussion no later than ten (1410) calendar working days of after the occurrence first giving rise to the dispute or grievance. If the matter is not resolved within ten (10) working days after the oral discussion, the dispute or grievance shall be reduced to writing.
10.3. Step 2. If the matter is not resolved in Step 1, the written grievance shall be provided to the other party with a copy given to the General Contractor no later than ten (10) working days after the Step 1 oral discussion. The parties shall meet to try to settle the matter within ten (10) working days of the written grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. 10.4. In the event a dispute cannot be satisfactorily resolved at Step 2, either party may submit the Parties are unable dispute to agree upon arbitration by written notice within ten (10) business days (or such longer time as mutually agreed) of the selection Step 2 meeting. An arbitrator shall be selected from a list of an arbitrator within five seven (57) calendar days, arbitrators from the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorsService. The selection grieving party shall strike one of the arbitrator shall be by each Party alternately striking off a name arbitrators from the list list, and the responding party shall strike the next arbitrator from the list, until one remains.
E. arbitrator is left, who shall hear the case. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s arbitrator's decision shall be final and binding on both Parties provided it does upon the parties. The arbitrator shall not exceed have the limits found herein authority to alter, amend, add to, or delete from the provisions of this Agreement in any way. The fees and neither Party has had expenses incurred by the Arbitrator’s award vacated arbitrator, as well as those jointly utilized by a the parties (i.e. conference room, court of competent jurisdictionreporter, etc.
G. The Arbitrator’s fee and all incidental expenses of the arbitration ) in arbitration, shall be borne divided equally by the Parties heretoparties to the arbitration. Should any party seek confirmation of the award made by the arbitrator, the prevailing party shall be entitled to receive its reasonable attorney fees and costs.
17.2 Any and all matters of controversy10.5. Absent a written extension, dispute the failure to timely raise, file or disagreement of appeal any kind or character existing between grievance within the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and time limits set forth above will result in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrablegrievance being waived.
Appears in 1 contract
Samples: Project Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under The parties to this contract should be presented agreement believe it is important to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director adjust complaints and the grieving Party to attempt to solve the problem or problems grievances as quickly as is possiblepossible as provided for herein. Failing The employee or Union shall first discuss any individual complaint informally with the Director of Care at the first opportunity. In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to solve said problem the interpretation, application, administration or problems shall result in the following steps:
A. A grievance, which is defined as a alleged violation of an express written term any of the provisions of this Agreement, need not an xxxxxxx effort shall be considered unless notification in writing is served by the Union upon the Employer made to settle such differences within fourteen ten (1410) calendar days of the occurrence giving rise occurrence. If further action is to the grievance.
B. When such notification is servedbe taken, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business then within ten (5:00 p.m.10) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar daysdiscussion, the Federal Mediation and Conciliation Service employee, who may request the assistance of her employee shall submit the written grievance to the Administrator. A meeting will be held between the patties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Local Union with a copy to the Employment Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten 0) days after the decision under Step No. is received, the grievance shall be asked deemed to have been settled or abandoned. A written grievance will indicate the nature of the grievance and the remedy sought by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the arbitrator parties. Should the Employer not respond within the fixed, such failure to respond shall be by each Party alternately striking off deemed to be a name from denial of the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreementgrievance. Nor shall Should a grievance not be submitted within the Arbitrator impose any limitation or obligation on either party not expressly found various time limits specified in this Agreement.
F. The Arbitrator’s decision , unless mutually extended, it shall be final considered to have been settled or abandoned. Saturday, Sunday and binding on both Parties provided it does designated paid holidays shall not exceed be counted in determining the limits found herein and neither Party has had time within which any action is to be taken or completed under the Arbitrator’s award vacated by a court of competent jurisdictiongrievance procedure.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 9.01 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 Store Director by presence of her employee representative. In the grieving partycase of suspension or discharge, either the Union in appropriate cases or Hospital shall notify the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term employee of this Agreement, need right in advance.
9.02 A complaint shall not be considered as a grievance unless notification in writing is served by the Union upon aggrieved employee has first given an opportunity for her Supervisor to adjust the Employer within fourteen complaint. Such complaint shall not be considered after five (145) calendar working days of the occurrence giving rise origin of the complaint or from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days attention of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator employee so affected. Failing satisfactory resolve within five (5) calendar daysworking days after the complaint is made, the Federal Mediation and Conciliation Service matter may then be processed as a grievance.
9.03 A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of the Agreement. The grievance shall be asked signed by the employee and shall set out the nature of the grievance, the section or sections of the Collective Agreement allegedly violated, and the remedy sought. The following shall be, unless otherwise specified, the prescribed manner for handling a grievance: The employee with the assistance of a Union representative, if desired, may submit a written grievance signed by her to her Manager. Within five (5) days of receiving the grievance, the manager will meet with the grievor, and, if desired, her Union representative to endeavour to reach a satisfactory resolution to the grievance. Within five (5) days of the grievance meeting, the manager will provide a written decision. Failing settlement, then Step #2: Within five (5) days following the decision at Step #1, the employee, with the assistance of the grievance committee may submit the written grievance to the Director of Human Resources or designate. The Director of Human Resources or designate will, within ten (10) days from the date on which the written grievance was presented to him, convene a Step #2 meeting at a time and place suitable to both parties, so that he and the grievor's Division Head may hear the grievance. Within ten (10) days of the grievance meeting, the Director of Human Resources or designate will provide the Hospital's decision in writing. It is understood that both parties have the right to have the assistance of such counsel or representatives as they deem necessary at the Step #2 meeting.
9.04 A claim by an employee, who has completed her probationary period and who claims that she has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is officially lodged with the Hospital by the employee within three (3) working days after such employee has been so notified by the Hospital. Such special grievance shall commence at Step 2 of the Grievance Procedure, and may be settled by confirming the Hospital's action in discharging the employee, or by any other arrangement which is just and equitable in the opinion of the conferring parties or, if necessary, a Board of Arbitration. When an employee is discharged on hospital premises without notice, she shall have the right to request that her employee representative be notified of the discharge before leaving the premises.
9.05 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 under Step No. 2. Failing settlement under Step No. 2 within fifteen (15) days it may be submitted to arbitration in accordance with Article 9.10. However, it is expressly understood that the provisions of this paragraph may not be used by the Union to provide institute a complaint or grievance directly affecting an employee which such employee could herself institute and the regular Grievance Procedure shall not be thereby bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within ten (10) days after the circumstances giving rise to the complaint occurred or from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the attention of the Hospital or the Union.
9.06 Where two or more employees have identical grievances and each Party with employee would be entitled to grieve separately, they may present a list group grievance in writing identifying each employee who is grieving within (10) days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employees so affected. The grievance shall be originated at Step No. 1.
9.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation or alleged violation of this Agreement, such grievance may be submitted to arbitration as set forth in Article 9.10. If no written request for arbitration is received within fifteen (15) arbitratorsdays after the decision under Step No. 2 is given, it shall be deemed to have been settled and not eligible for arbitration.
9.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the grievor or the representatives of the Union will be final and binding upon the hospital and the Union and the employees.
9.09 No matter may be submitted to arbitration which has not been carried through all the requisite steps of the Grievance Procedure. Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party shall be entitled to submit the grievance to the next step of the Grievance Procedure.
9.10 If the Hospital or the Union requests that a grievance as above provided be submitted to Arbitration, it shall make such requests in writing addressed to the other party of this Agreement and at the same time appoint its nominee to the Board of Arbitration. Within ten (10) days thereafter, the other party shall appoint its nominee to the Board of Arbitration and notify the other party. The selection two nominees so appointed shall, within ten (10) days of the arbitrator appointment of the latter of them, attempt to settle by agreement the third person to be a member and Chairman of the Arbitration Board. If they are unable to agree on such a Chairman within the ten (10) day period, either Party may then request the Labour Relations Board for the Province of Ontario to appoint a Chairman. In the event of default by either party to appoint its representative to the Arbitration Board, the other party may apply to the Minister of Labour for the Province of Ontario who shall be by each Party alternately striking off a name from have the list until one remainspower to effect such appointment.
E. 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 Arbitration Board shall not have no power jurisdiction to amend or add toto any of the provisions of the Agreement, subtract fromor to substitute any new provisions in lieu thereof, amend, change or otherwise modify this Agreement. Nor shall nor to give any decision inconsistent with the Arbitrator impose any limitation or obligation on either party not expressly found in terms and provisions of this Agreement.
F. 9.13 Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fee and expenses, if any, of the Chairman of the Arbitration Board.
9.14 The Arbitrator’s decision time limits fixed in both the grievance and arbitration procedures may be extended by written consent of the parties to this Agreement.
9.15 Saturdays, Sundays and paid holidays as set out in Article 23.01 will not be counted in computing the time within which any action is to be taken or completed under the provisions of this Article.
9.16 The Hospital and the Union may, by written agreement, substitute a single arbitrator for a specific grievance or grievances, and the single arbitrator shall possess the same powers and be subject to the same limitations as a Board of Arbitration.
9.17 Any letter of suspension, documents leading to such suspension and subsequent documents of a disciplinary nature shall be final and binding maintained on both Parties provided it does not exceed the limits found herein and neither Party an employee's record until such employee has had the Arbitrator’s award vacated by established a court discipline-free period of competent jurisdiction.
G. The Arbitrator’s fee and eighteen (18) months after which all incidental expenses of the arbitration such documents shall be borne equally by the Parties hereto.
17.2 Any and all matters removed from her record. Where no suspension is a matter of controversyrecord, dispute any letters of discipline or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement other sanction shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If removed from her record after a question discipline-free period of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrabletwelve (12) months.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 19.01 It is understood that the Union may not file a grievance unless the difference / concern / complaint has been discussed with his / her supervisor. If, after such discussion, the matter is not resolved then a grievance may be filed as follows: Grievances brought forward by either the Union or the Company, in relation to the interpretation, application, administration or an alleged violation of this contract should Agreement that is not specifically excluded from the grievance procedure, shall be adjusted as follows:
Step 1 The grievance shall be reduced to writing indicating the section(s) of the Agreement which have been allegedly violated and shall be submitted to the Department Manager or his/her designate within twenty-one (21) calendar days of the circumstances giving rise to the grievance. The parties shall meet to discuss the matter within seven (7) calendar days of receipt of the grievance and if the matter is not resolved, then it may proceed to Step 2.
Step 2 Any grievance that is not resolved at Step 1 may be presented to the Store Director by the grieving party, either the Union in appropriate cases VP of Manufacturing or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as his/her designate at a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer meeting within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business meeting at Step 1. The Company will provide a written response within fourteen (5:00 p.m.) within thirty (3014) calendar days of the meeting at Step 2. If the matter is not resolved at the meeting at Step 2, then the grievance may be submitted to arbitration. Either party may refer the matter to arbitration within twenty-one (21) calendar days of receipt of the Company’s response or the date the Union receives response should have been provided. Step 3 Arbitration Grievances may be submitted for final and binding arbitration by the Employer’s final answerparty having carriage of the grievance by submitting the names of three (3) potential arbitrators to the other party for consideration. The notice must be provided within twenty- one (21) calendar days of the meeting at Step 2 of the Grievance Procedure. The responding party may accept one (1) of the names put forth or suggest three (3) other potential arbitrators. If the parties cannot agree on an arbitrator, then the Ministry of Labour will appoint one (1) to hear the grievance.
D. In 19.02 It is mutually agreed that the event the Parties are unable to agree upon the selection discussion of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service grievances shall be asked by deferred until the Union end of the day’s work unless permission is granted to meet during working hours.
19.03 By mutual agreement of the parties, extensions to the time limits referred to in the grievance procedure may be granted.
19.04 No arbitrator shall have the power to alter or change any of the provisions of the Agreement, or to substitute any new provision for any existing provision, or to provide each Party a decision that is inconsistent with a list of fifteen (15) arbitrators. The selection any term of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. 19.05 The Arbitrator’s decision parties shall be final and binding on both Parties provided it does not exceed bear equally the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties heretoArbitrator.
17.2 Any 19.06 Grievances with respect to suspensions or terminations, as well as Company, group and all matters of controversypolicy grievances, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application shall proceed directly to Step 2 of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableGrievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 1. Any grievance or dispute which may arise between the parties, involving the application, meaning or interpretation of a specific provision of this contract should agreement, shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result settled in the following stepsmanner:
A. A grievanceStep 1. The Union Xxxxxxx and/or representative, which is defined as a violation of an express written term of this Agreementwith or without the aggrieved employee, need not be considered unless notification shall take up the grievance or dispute in writing is served by with the Union upon the Employer Food Service Director within fourteen three (143) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar working days of the date of the Union receives grievance or his/her knowledge of its occurrence. The Food Service Director shall attempt to adjust the Employer’s final answermatter and shall respond to the Xxxxxxx within three (3) working days. The grievance shall be considered waived unless presented at Step 1 (Step 2 in suspension or discharge cases) within fifteen (15) working days after the occurrence of the incident upon which the grievance is based. Grievances involving suspension and/or discharge shall be processed beginning at the 2nd step.
D. In Step 2. If the event grievance has not been settled, it shall be presented in writing to the Parties are unable Superintendent of Schools or his designee within three (3) working days after the supervisor’s response is due. The Superintendent of Schools or his designee shall respond to agree upon the selection of an arbitrator Xxxxxxx in writing within five (5) calendar days. If the Superintendent of Schools is absent for any reason the absence shall not be included in the five (5) days.
Step 3. If the grievance still remains unadjusted, the Federal Mediation and Conciliation Service it shall be asked by presented to the Union Lynnfield School Committee in writing within five (5) working days after the response of the Superintendent of Schools is due. The Lynnfield School Committee shall respond in writing within five (5) days following the next regularly scheduled meeting. The Lynnfield School Committee may, at its next regular meeting, have both parties to provide each Party with a list of the grievance present, and if it does, it shall hear all evidence in executive session and within five (5) days shall render its decision in writing. the
Step 4. If the grievance is still unsettled, either party may, within fifteen (15) arbitratorsdays after reply of the Employer is due, by written notice to the other, request arbitration.
2. The selection arbitration proceeding shall be conducted by an arbitrator to be selected by the Employer and the Union within seven (7) days after notice has been given. If the parties fail to select an arbitrator, the American Arbitration Association shall be requested by either or both parties to provide a panel of arbitrators and pursuant to its rules, regulations and procedures, the arbitrator will be selected and the arbitration conducted.
3. The decision of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does the parties and the arbitrator shall be requested to issue his decision in writing within thirty (30) days after the conclusion of testimony and argument. The arbitrator shall be limited to the confines of this agreement and shall not exceed infringe on the limits found herein and neither Party has had authority of the Arbitrator’s award vacated Committee as established by a court of competent jurisdictionlaw.
G. The Arbitrator4. All expenses for the arbitrator’s fee services and all incidental expenses of the arbitration proceedings shall be borne equally by the Parties hereto.
17.2 Any Employer and all matters of controversythe Union. However, dispute or disagreement of any kind or character existing between the Parties each party shall be responsible for compensating its own representatives and arising out of or in any way involving the interpretation or application witnesses. If either party desires a verbatim record of the terms of this Agreement shall proceedings, it may cause such a record to be settled made, providing it pays for the record and resolved by makes copies available without charge to the procedures other party and in to the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrablearbitrator.
Appears in 1 contract
Samples: Union Contract
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising 7.1 Grievance and arbitration procedures are among the most important matters in the successful administration of this Agreement. The Employer and Union therefore agree that the specifically designated Grievance and arbitration procedure, as hereinafter set forth, shall serve as and constitute the sole and exclusive means to be used by the griever for the prompt disposition, decision and final settlement, without work stoppage, of a Grievance and the specifically designated Grievance and arbitration procedure shall be properly followed.
7.2 A Temporary or Probationary Employee shall not be entitled to make any use of the Grievance or arbitration procedures. In particular, Discipline imposed by the Employer in respect of any Temporary or Probationary Employee shall not be the subject of a Grievance or arbitration. The word "Employee" used in this Article shall mean Permanent Employee.
7.3 The Employer shall be under this contract should be no obligation to consider or process any Grievance unless such Grievance has been presented to the Store Director by the grieving party, either the Union Employer in appropriate cases or the employee. It is the joint responsibility writing at Step 1 of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator Grievance procedure within five (5) calendar daysworking days from the time the circumstances upon which the Grievance is based were known or should have been known by the griever. However, if the Employer does consider or process a Grievance which has been presented late, the Federal Mediation Employer shall not be estopped or precluded at any stage from taking the position that the Grievance is late and Conciliation Service not arbitrable.
7.4 No Employee shall have a Grievance until he has discussed his complaint with his immediate supervisor. If the immediate supervisor does not promptly settle the matter to the Employee's satisfaction, the Grievance shall be asked processed as follows:
STEP 1 An Employee's Grievance must be submitted in writing by the Union Employee to provide each Party with a list of fifteen the immediate supervisor within five (155) arbitratorsworking days from the time the circumstances upon which the Grievance is based were known or should have been known by the Employee. The selection Grievance in writing referred to above shall be signed by the Employee and shall specifically identify:
(a) the facts giving rise to the Grievance;
(b) the section or sections of the arbitrator Agreement claimed to be violated; and
(c) the relief requested. The immediate supervisor will give his answer by the end of the fifth (5th) working day following receipt of the written Grievance, and the giving of such answer will terminate Step 1.
STEP 2 If the Grievance is not settled at Step 1, the Xxxxxxx may present the Grievance to the District Manager or designate within five (5) working days after the termination of Step 1 and a meeting will be arranged at a mutually agreeable time to review and discuss the Grievance. Such meeting will take place within five (5) working days from the date the Grievance is received by the District Manager or designate or at such other time as mutually agreed upon between the Employer and Union. The District Manager or his designate may invite representatives of Management to be present at such meeting. The griever must be represented by a Union Xxxxxxx or a Union Business Representative or both. The griever shall be present if his presence is required by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreementeither party. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s A decision shall be final rendered by the District Manager within five (5) working days from the date of such meeting and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court rendering of competent jurisdictionsuch decision will terminate Step 2.
G. The Arbitrator’s fee and all incidental expenses STEP 3 If the Grievance remains unsettled at the conclusion of Step 2, the arbitration Grievance may be submitted to the Vice President, Human Resources or designate who shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing within 5 working days hold a Grievance meeting between the Parties Union and arising out the appropriate representatives of or Management, in any way involving a final attempt to resolve the interpretation or application of grievance. The Union Xxxxxxx and the terms of griever may be present at this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised meeting if requested by either Partyparty. The Vice President, such question Human Resources or designate shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.within a further five
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract 11.01 The FIAA and PSAC agree that discussions should be presented to the Store Director by the grieving partyoccur between employees, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director PSAC representatives and the grieving Party to attempt to solve the problem FIAA representatives when problems or problems as quickly as is possible. Failing to solve said problem or problems shall result differences arise in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, PSAC representatives, and the issueFIAA representatives. Where discussions relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days.
C. 11.02 If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the FIAA and or PSAC, or between the Employee(s) and the FIAA, it shall be processed according to the following grievance procedure. Nothing in this provision deprives employee(s) of any rights or remedies to which they are entitled in any legislation including the transfer legislation. Grievances involving the interpretation, application, operation or any alleged violation of the agreement must have the approval and support of the bargaining agent.
11.03 The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be excluded. If the Parties are unable to resolve the disputetime limits set out in Complaint Step, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days Step 2, or Step 3 of the date grievance procedure are not complied with, then the Union receives grievance will be considered as being abandoned, unless the Employer’s final answerparties have mutually agreed, in writing, to extend the time limits.
D. In 11.04 If the event FIAA fails to meet a time limit, PSAC, at its option, may either advance the Parties are unable grievance to agree upon the selection next step or await the FIAA’s response, in which case no time limit shall apply against PSAC until it has received the FIAA’s response. If the FIAA submits a grievance in accordance with Article 11.07, these provisions apply equally to PSAC.
11.05 Employee(s) shall have the right to be represented at any step of an arbitrator within five (5the grievance procedure. The employee(s) calendar days, the Federal Mediation and Conciliation Service PSAC representative shall be asked by given leave with pay to prepare for and attend such meetings. PSAC shall be given full opportunity to present evidence and make representations throughout the Union to provide each Party with a list of fifteen (15) arbitrators. grievance procedure.
11.06 The selection FIAA shall post the names and/or titles of the arbitrator shall be by each Party alternately striking off a name from the list until one remainsappropriate designated FIAA Representatives.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes A. Any complaint, grievance or dispute arising under this contract should be presented under, out of or relating directly or indirectly to the Store Director by the grieving party, either provisions of this Agreement between the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director any employees and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representativethe interpretation or performance thereof, shall meet shall, in the first instance be taken up for adjustment by a representative of the Union and attempt to resolve a representative of the issue.
C. If the Parties are unable to resolve the Employer. Any and all matters in dispute, including a dispute concerning the interpretation or application of the arbitration provision, which have not been adjusted pursuant to the procedure therein provided shall be referred for arbitration and final determination to the Arbitrator herein designated, and his decision or award shall be final, conclusive and binding on all parties; and the parties hereby stipulate and consent that the Arbitrator may make findings, decisions and awards which may be enforced by appropriate judgment thereon to be entered in a Court of Law or Equity. Any grievance which is submitted to arbitration shall be heard by one of the members of a panel of three arbitrators, who shall be Jerome H. Ross, Charles Feigenbaum, and Joseph M. Sharnoff. These arbxxxxxxxx xxxxx hxxx xxxxxxxxxx xx a rotaxxxx xxxxx xx xxx order set forth above, provided that if the arbitrator whose turn it is to hear a grievance cannot meet the timetable set forth herein, the next available arbitrator shall hear the case and the rotation shall continue from there. If none of the arbitrators can hear the case within said timetable, then the arbitrator who can hear it first will be utilized and the rotation will continue from there. Hearings shall be held no later than fifteen calendar days after the arbitrator has received his assignment at a place mutually agreeable to the Union may request and the Company. The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit the full presentation of all evidence and arguments for both parties, provided, however, that the dispute be arbitrated if such request is received by parties shall have the Employer by right to file written briefs with the close of business (5:00 p.m.) arbitrator within thirty (30) seven calendar days following the closing of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorshearing record. The selection award of the arbitrator shall be by each Party alternately striking off a name rendered no later than ten calendar days from the list until one remains.
E. day the hearing concluded or the briefs are submitted unless an extension of time is mutually agreed upon by the parties. A lengthy opinion shall not be requested or required from the arbitrator. Rather, the arbitrator is instructed to issue an award and a summary statement of no more than five pages which briefly sets forth the basis for the award. The Arbitrator parties may request the arbitrator to notify them of his award by telephone after the award has been mailed. The decision of the arbitrator shall be limited to the matter presented to him; he shall have no power authority to add to, subtract from, amend, alter or change or otherwise modify any provision of this Agreement. Nor shall The decision of the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision arbitrator shall be final and binding conclusive on both Parties provided it does not exceed the limits found herein Company, the Union and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. employee(s) involved. The Arbitrator’s fee arbitrator's fees and all incidental expenses of the arbitration shall be borne equally by the Parties Union and the Company. Except as expressly provided otherwise in the Agreement, with respect to any dispute subject to arbitration or any claim, demand, or act arising under the Agreement which is subject to arbitration, the procedure established in this Agreement for the adjustment thereof shall be the exclusive means for its determination. No proceeding or action in a court of law or equity or administrative tribunal shall be initiated with respect thereto other than to compel arbitration or to enforce, modify, or vacate an award. This paragraph shall constitute a complete defense to or ground for a stay of an action instituted contrary hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Bank Jos a Clothiers Inc /De/)
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented A. Subject to any limitation of existing law, any grievance, defined in the Store Director by Municipal Employee Relations Ordinance at Section 120 (f) as a dispute concerning the grieving party, either the Union in appropriate cases application or the employee. It is the joint responsibility interpretation of the Store Director terms of this Memorandum of Understanding or a claimed violation, misrepresentation or misapplication of the rules or regulations of the Employer affecting the terms and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result conditions of employment, may be settled in the following stepsmanner:
A. STEP 1: A grievance, which is defined as a violation of an express written term of this Agreement, need not grievance may be considered unless notification in writing is served by initially filed orally with the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) aggrieved employee's immediate supervisor within thirty (30) calendar days from the event or when the aggrieved employee should have reasonably known of the date grievance. The designated Lodge Representative may represent the Union receives employee in presenting the Employer’s final answergrievance. The parties shall attempt to resolve the grievance informally. Consultation with second level supervision is permissible provided all parties agree. STEP 2: If not resolved at Step 1, the grievance shall be filed in writing with the District Section, or Unit Commander. (The “Sections” or "Units" referred to in this paragraph are the Police Commissioner's Staff, Divisions, and Sections, the Staff, Sections, and Units of the Deputy Commissioners, and the Sections within the Organized Crime, Criminal Investigation, Patrol, Support Services, Information Technology, and the Human Resources Divisions. The writing shall state generally the substance of the grievance and identify the aggrieved employee. The parties shall meet within seven (7) days of the filing of the grievance at this step to discuss its substance. The District or Unit Commander shall give his decision in writing within seven (7) working days after the aforesaid meeting.
D. In STEP 3: If not resolved at Step 2, the event grievance may be presented to the Parties are unable to agree upon relevant Division Chief (Patrol, Human Resources, Support Services, Criminal Investigation, Organized Crime, Information Technology and Internal Investigation Divisions), who shall meet with the selection designated Lodge Representative and the aggrieved party within ten (10) working days after the grievance has been denied, and shall give his answer in writing within ten (10) working days of this meeting. Special Provision - STEP 3: Within thirty (30) days of an arbitrator alleged grievance, the Lodge is authorized to present said grievance at this step if the grievance affects a significant number of employees in more than one (1) District, Section, or Unit. Should this provision be used, the affected Division Chief will meet with the Lodge Representative(s) within ten (10) working days of the filing of said grievance and will provide, in writing, an answer within fourteen (14) days following the aforementioned meeting.
STEP 4: If the grievance is not resolved at Step 3, the grievance may be presented to the Police Commissioner or designee who shall meet with the designated Lodge Representative(s) within ten (10) working days of the denial and shall give his response within fourteen (14) working days of the meeting. STEP 5:
a) If a grievance has not been satisfactorily resolved at Step 4, the Lodge may, within ten (10) working days of the completion of Step 4, initiate arbitration by written notice to the Police Commissioner and the Labor Commissioner of the Lodge's decision to arbitrate.
b) Within five (5) calendar daysworking days after receipt of the notice, the Federal Mediation and Conciliation Service parties shall be asked by the Union attempt to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17agree upon an arbitrator. If a question of the arbitrability of an issue is raised by either Partysuch attempts fail, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.within ten
Appears in 1 contract
Samples: Memorandum of Understanding
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented Informal Discussion
L31.01 An Occasional Teacher who has a complaint relating to the Store Director by the grieving partyinterpretation, either the Union in appropriate cases application, administration or the employee. It is the joint responsibility alleged violation of the Store Director and Agreement shall discuss the grieving Party complaint with the Principal or immediate Supervisor in cases where there is no Principal. Such a complaint shall be brought to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days attention of the occurrence Principal or immediate Supervisor within twenty (20) days after the Teacher becomes aware or should have been reasonable expected to be aware of the circumstances giving rise to the grievance.complaint. The Principal or immediate Supervisor shall meet with the Occasional Teacher and the Bargaining Unit President within ten (10) days of the complaint. The Principal or immediate Supervisor shall respond to the Occasional Teacher within five (5) days of the meeting. If the Occasional Teacher is not in agreement with the decision of the Principal or immediate Step One
B. L31.02 Failing resolution of the complaint by informal discussion, a grievance may be submitted by the Union on behalf of the Occasional Teacher(s) as provided for herein. The Union shall commit the grievance to writing, setting out the facts of the grievance together with the provisions of the Agreement claimed to have been violated and indicate the relief sought. Step Two Step Three Arbitration
(a) When such notification is servedeither Party requests that a grievance be submitted to a single Arbitrator, the Employerrequest shall be conveyed in writing to the other Party to the Agreement indicating the name(s) of a proposed Arbitrator. Within ten (10) days thereafter, the other Party shall respond in writing indicating their agreement with a proposed Arbitrator or his representative, shall meet the Union and attempt to resolve the issue.
C. suggesting another name(s). If the Parties are unable fail to resolve the disputeagree upon an Arbitrator, the Union appointment shall be made by the Minister of Labour of Ontario upon the request of either Party. Board of Arbitration
(b) When both Parties agree, a grievance may be submitted to a Board of Arbitration. Notification shall be provided in writing to the other Party to the Agreement indicating the name of an appointee to an Arbitration Board. The recipient of the notice shall within five (5) days inform the other Party of the name of its appointee to the Arbitration Board. The two (2) so selected shall, within fifteen (15) days of the appointment of the second of them, appoint a third person who shall be the Chair. If the two (2) appointees fail to agree upon a Chair within the fixed time limits, an appointment as Chair of the Arbitration Board shall be made by the Minister of Labour of Ontario upon the request of either Party. If either Party fails to appoint a nominee to the arbitration board, the other Party may request that the dispute be arbitrated if Minister of Labour to appoint such request is received by the Employer by the close a nominee.
(c) An Arbitrator or Board of business (5:00 p.m.) Arbitration shall endeavour to give a decision within thirty (30) calendar days after the hearing on the matters submitted to arbitration is concluded. The decision of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection Arbitrator or Board of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision Arbitration shall be final and binding on both upon the Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated upon any employee or employees affected by a court of competent jurisdictionit.
G. (d) An Arbitrator or an Arbitration Board, as the case may be, has the powers of an Arbitrator or Arbitration Board under the Labour Relations Act.
L31.04 The Arbitrator’s fee and all incidental expenses fees for a single Arbitrator or a Chair of the arbitration a Board of Arbitration shall be borne shared equally by the Parties heretoParties. Discharge Grievance
L31.05 Where an Occasional Teacher has received a termination notice, the Occasional Teacher may file a grievance at Step One within ten (10) days of written notice of termination.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 1. In the event a dispute occurs due to a misunderstanding, misinterpretation and/or violation of this contract should Agreement or any section thereof, an xxxxxxx effort will be presented made to settle such dispute between the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director Employer and/or his/her representative and the grieving Party to attempt to solve the problem or problems as quickly as is possibleUnion. Failing to solve said problem or problems The following steps shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievancetaken first.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives Step 1: Between the Employer’s final answerSupervisor and the Local Union Xxxxxxx at the jobsite.
D. In Step 2: Between the event Employer’s Supervisor and Union Business Agent at the Parties are jobsite. Step 3: Between the Labor Relations Manager and the Union Business Manager.
2. If the dispute cannot be resolved in two (2) working days by this method, either party can then refer the matter to the Joint Grievance Committee as outlined hereafter. Failure to make contributions to the Trust Funds is not subject to the grievance procedure.
3. The Joint Grievance Committee shall be composed of four (4) members; two (2) from the Employers and two (2) from the Union. Following appointment, said Grievance Committee shall meet, elect a Chairperson and a Secretary, adopt rules of procedure which shall be bind the parties concerned, and proceed to consider any matters properly before it. The Joint Grievance Committee shall have the powers only to adjust disputes that may arise due to a misunderstanding, misinterpretation, and/or violation of this Agreement or any section thereof. No Committee member shall be directly involved in the dispute to be resolved by said Committee.
4. All complaints based on a misunderstanding, misinterpretation and/or violation of this Agreement or any section thereof shall be referred to the Joint Grievance Committee in writing and said Committee shall meet within two (2) working days of receipt of said complaint to consider the same. If the Committee, within two (2) working days after meeting is unable to decide the matter before it, the members of the Committee shall choose a fifth (5th) member. Should the Committee be unable to agree upon on the selection of an arbitrator fifth (5th) member within five two (52) calendar days, the Director of the Federal Mediation and Conciliation Service shall be asked by the Union requested to provide each Party with supply a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.five
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes Section 1. A grievance is any dispute concerning the interpretation or application of this agreement, except as provided in Article 15, Probationary Period, arising under this contract should after its effective date and shall be presented processed as follows:
Step 1. The written grievance to the Store Director by immediate supervisor outside the grieving partybargaining unit at the time the grievance is submitted, either who shall respond in writing within two (2) days.
Step 2. The written grievance to the Chief who shall meet with the grievant and not more than two (2) Union in appropriate cases or the employee. It is the joint responsibility representatives within two (2) days after receipt of the Store Director written grievance and who shall respond in writing within three (3) days after the grieving Party meeting.
Step 3. The written grievance to attempt to solve the problem or problems City Manager who shall meet with the grievant and his/her Union representative within four (4) days after receipt of the written grievance and who shall respond in writing within seven (7) days after the meeting.
Section 2. If an alleged grievance is denied because it does not meet the definition of a grievance as quickly as is possible. Failing to solve said problem or problems shall result set forth in Section 1, then the following steps:
A. A grievance, which is defined determination that the alleged grievance does not meet the definition as a violation grievance as set forth in Section 1 may be appealed to the succeeding step(s) of an express written term of this Agreement, need the grievance procedure. If the City determines that the alleged grievance cannot be considered unless notification submitted to arbitration in writing is served by accordance with Section 3, because the Union upon alleged grievance does not meet the Employer within fourteen (14) calendar days definition of a grievance as set forth in Section 1, then the procedure for determining the arbitrability of the occurrence giving rise to alleged grievance would be in accordance with the grievance.
B. When such notification is servedapplicable provisions of Vermont law, the Employerprovided, or his representativehowever, shall meet that the Union and attempt the City may, by mutual agreement, submit the issue of arbitrability of the alleged grievance to resolve the issuean arbitrator.
C. Section 3. If the Parties are unable to resolve the disputegrievance is still unsettled, the Union Union, and not any individual employee(s), may request that arbitration. If the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable parties fail to agree upon on an arbitrator, the selection of an arbitrator within five (5) calendar days, shall be selected from a panel provided by the Federal Mediation and Conciliation Service ("FMCS"), in which event the arbitration will be conducted under the rules of the FMCS. The expenses for the arbitrator's services shall be asked shared equally by the Union to provide each Party with a list of fifteen (15) arbitratorsCity and the Union. The selection of the arbitrator arbitrator's decision shall be by each Party alternately striking off a name from final and binding on the list until one remains.
E. parties. The Arbitrator arbitrator shall have no power to add to, subtract from, amend, change alter or otherwise modify this Agreement. Nor shall the Arbitrator Agreement or any of its provisions, nor to impose any limitation remedy or obligation on either party not expressly found in right of relief for any period of time prior to the effective date of this Agreement.
F. The Arbitrator’s decision Section 4. A grievance shall be final deemed waived and binding settled on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses basis of the City's last answer unless:
(a) submitted at Step 1 within ten (10) days after the Union or the grievant knew or should have known of the occurrence or non-occurrence of the incident upon which the grievance is based, except that in the case of a discharge, submitted at Step 2 within (5) days;
(b) submitted to Step 2 within three (3) days after the response of the supervisor is due;
(c) submitted to Step 3 within three (3) days after the response of the Chief is due;
(d) submitted to arbitration within ten (10) days after the Manager's response is due. Submission to arbitration shall be borne equally accomplished by letter, postage prepaid, addressed to the Parties heretoFederal Mediation and Conciliation Service (or to a mutually selected arbitrator) and postmarked within the time limit herein provided. A copy of such letter will be mailed concurrently to the City Manager. The limits hereunder may be extended by mutual agreement.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under The parties to this contract should be presented agreement believe it is important to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director adjust complaints and the grieving Party to attempt to solve the problem or problems grievances as quickly as is possiblepossible as provided for herein. Failing The employee or Union shall first discuss any individual complaint informally with the Director of Care at the first opportunity. In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her employee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of either party. Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to solve said problem the interpretation, application, administration or problems shall result in the following steps:
A. A grievance, which is defined as a alleged violation of an express written term any of the provisions of this Agreement, need not an xxxxxxx effort shall be considered unless notification in writing is served by the Union upon the Employer made to settle such differences within fourteen (14) calendar ten days of the occurrence giving rise occurrence. If further action is to be taken, then within ten days of the grievance.
B. When such notification is serveddiscussion, the Employeremployee, or his who may request the assistance of her employee representative, shall meet submit the Union and attempt written grievance to resolve the issue.
C. If Administrator. A meeting will be held between the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) parties within thirty (30) calendar ten days. The Administrator shall give a written decision within ten days of the date meeting to the Union receives Bargaining Unit President or her designate with a copy to the Employer’s final answer.
D. In Labour Relations Officer. Should the event Administrator fail to render his decision or failing settlement of any grievance under the Parties are unable foregoing procedure, including any questions as to agree upon whether a matter is the selection grievance may be referred to arbitration by either party. If no written notice of an arbitrator intent to submit the matter for arbitration is received within five (5) calendar daysten days after the decision under Step No. 1 is received, the Federal Mediation and Conciliation Service grievance shall be asked deemed to have been settled or abandoned. A written grievance will indicate the nature of the grievance and the remedy sought by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the arbitrator parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be by each Party alternately striking off deemed to be a name from denial of the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreementgrievance. Nor shall Should a grievance not be submitted within the Arbitrator impose any limitation or obligation on either party not expressly found various time limits specified in this Agreement.
F. The Arbitrator’s decision , unless mutually extended, it shall be final considered to have been settled or abandoned. Saturday, Sunday and binding on both Parties provided it does designated paid holidays shall not exceed be counted in determining the limits found herein and neither Party has had time within which any action is to be taken or completed under the Arbitrator’s award vacated by a court of competent jurisdictiongrievance procedure.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes 7.01 The Parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.
7.02 Any employee, pieceworker/subcontractor or their respective helpers/learners who has a grievance must first discuss the matter with their xxxxxxx or other Company representative, and may be accompanied by their Xxxxxxx or Union Representative.
7.03 Grievances arising under this contract should Agreement shall be presented adjusted and settled as follows:
(a) Grievances dealing with breaches of the union security provisions of this Agreement or an alleged failure to pay or remit with respect to any health and welfare, pension, dues or other contributions owing under this Collective Agreement may be brought forward by the Union within ninety (90) days after the circumstances became known or ought reasonably to have become known to the Store Director by the grieving party, either the Union in appropriate cases or the employeeUnion. It is further understood that such grievances may be retroactive to the joint responsibility first day of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievancealleged violation.
B. When such notification is served, the Employer, or his representative, (b) All other grievances shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) brought forward within thirty (30) calendar days after the circumstances giving rise to the grievance became known to the Employer, Union or the affected employee, as the case may be, but not thereafter.
(c) All grievances shall be presented to the Company (or, in the case of a grievance by the Company, to the Union) in writing. An aggrieved pieceworker/subcontractor or helper/apprentice must sign the grievance on a form supplied by the Union. The form shall set down the nature of the date grievance, the Union receives article or articles of this Agreement alleged to have been violated and the Employer’s final answer.
D. In nature of the event the remedy sought and shall not be subject to change except by mutual agreement in writing. The Parties are unable to agree upon the selection of an arbitrator shall meet within five (5) calendar daysworking days to try and settle the grievance. If a satisfactory settlement is not reached within five (5) days of this meeting, and the grievance is one which concerns the interpretation, or alleged violation of the Agreement, the Federal Mediation and Conciliation Service grievance may be submitted to arbitration as provided in Article 7.04 below.
7.04 Time limits in the grievance procedure are mandatory. Any grievance not submitted or processed within the time limits provided for herein shall be asked deemed to have been settled, abandoned, or withdrawn. Any discussions or meetings will be scheduled at mutually agreeable times. Where a difference arises between any of the parties hereto relating to the interpretation, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, either party may, after exhausting the grievance procedure described above, notify the other party of its desire to proceed to arbitration. A party proceeding to final and binding arbitration shall provide written notice to the other of its intent to do so. Within ten (10) days of the delivery of such notice, the parties shall agree to proceed to arbitration on a mutually agreeable date with an arbitration board consisting of one of the arbitrators listed below.
7.05 Unless a grievance is referred to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (or any successor section), the Parties agree to refer grievances to be heard before a single arbitrator on a mutually agreeable date. The parties agree that the following individuals are mutually acceptable arbitrators: Xxx Xxxxxxx Xxx Xxxxx Xxxxx Xxxxxxx or such other person as may be agreed to by the Union to provide each Party with a list of fifteen (15) arbitrators. Parties.
7.06 The selection of the Parties agree that no arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no any power to add to, to or subtract from, amend, change from or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement nor shall be settled and resolved the arbitrator give any decision inconsistent with the terms of the provisions of this Agreement. It is further agreed that the arbitrator shall not have the jurisdiction to apply any principle of estoppel or waiver to reduce any amounts that should have been paid by the procedures Company to any employee, pieceworker/subcontractor or their respective helpers/learners, or to the Union in respect of any dues, benefits and contributions owing with respect to work performed by such employees, pieceworkers/subcontractors or their respective helpers/learners.
7.07 The Parties agree that all time limits in Article 7 may be extended by mutual agreement.
7.08 The Parties agree that the manner set forth in this Section 17. If a question provisions of Article 7 apply equally to any piecework entity which has signed the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party Pieceworker Participation Agreement attached to this Agreement and, where applicable, any reference to the Company shall refuse be a reference to proceed to arbitration upon the grounds that the matter in question is not arbitrablepiecework entity.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising 7.01 Grievance and arbitration procedures are among the most important matters in the successful administration of this Agreement. The Employer and Union therefore agree that the specifically designated Grievance and arbitration procedure, as hereinafter set forth, shall serve as and constitute the sole and exclusive means to be used by the grievor for the prompt disposition, decision and final settlement, without work stoppage, of a Grievance and the specifically designated Grievance and arbitration procedure shall be properly followed.
7.02 A Temporary or Probationary Employee shall not be entitled to make any use of the Grievance or arbitration procedures. In particular, discipline imposed by the employer in respect of any Temporary or Probationary Employee shall not be the subject of a Grievance or arbitration. The word "Employee" used in this Article shall mean Permanent Employee. The Union may grieve on behalf of the Probationary or Temporary Employee with respect to the issue of wages.
7.03 The Employer shall be under this contract should be no obligation to consider or process any Grievance unless such Grievance has been presented to the Store Director by the grieving party, either the Union Employer in appropriate cases or the employee. It is the joint responsibility writing at Step 1 of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator Grievance procedure within five (5) calendar daysworking days from the time the circumstances upon which the Grievance is based were known or should have been known by the grievor. However, if the Employer does consider or process a Grievance which has been presented late, the Federal Mediation Employer shall not be estopped or precluded at any stage from taking the position that the Grievance is late and Conciliation Service not arbitrable.
7.04 No Employee shall have a Grievance until he has discussed his complaint with his immediate supervisor/manager. If the immediate supervisor/manager does not promptly settle the matter to the Employee's satisfaction, the Grievance shall be asked processed as follows:
STEP 1 An Employee's Grievance must be submitted in writing by the Union Employee to provide each Party with a list of fifteen the immediate supervisor/manager within five (155) arbitratorsworking days from the time the circumstances upon which the Grievance is based were known or should have been known by the Employee. The selection Grievance in writing referred to above shall be signed by the Employee and shall specifically identify:
(a) the facts giving rise to the Grievance;
(b) the section or sections of the arbitrator Agreement claimed to be violated; and
(c) the relief requested. The immediate supervisor/manager will give his answer by the end of the fifth (5th) working day following receipt of the written Grievance, and the giving of such answer will terminate Step 1.
STEP 2 If the Grievance is not settled at Step 1, the Xxxxxxx may present the Grievance to the District Manager or designate within five (5) working days after the termination of Step 1 and a meeting will be arranged at a mutually agreeable time to review and discuss the Grievance. Such meeting will take place within five (5) working days from the date the Grievance is received by the District Manager or designate or at such other time as mutually agreed upon between the Employer and Union. The District Manager or designate may invite representatives of Management to be present at such meeting. The grievor must be represented by a Union Xxxxxxx or a Union Staff Representative or both. The grievor shall be present if his presence is required by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreementeither party. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s A decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally rendered by the Parties hereto.
17.2 Any and all matters of controversy, dispute District Manager or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.designate within five
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes (a) A grievance committee, designated by the Guild, shall be established to settle amicably with a committee appointed by the Employer, all grievances arising under this contract should Agreement.
(b) A grievance shall be presented submitted only by a written notice from the complaining party to the Store Director by other party briefly setting forth the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence facts giving rise to the grievance, the ground of complaint and the remedy sought. A grievance must be submitted in writing within twenty-one (21) calendar days of when the grieving party knew or should have known of the action or event giving rise to the grievance. The parties agree to meet within fifteen (15) calendar days after notification by either side that it has a grievance open for discussion.
B. When (c) A grievance raised under (b) above may be moved to arbitration by either party at any time more than fifteen (15) calendar days after receipt of the written notice in (b) above, but in no event later than forty-five (45) calendar days of receipt of such notification is served, the Employer, or his representative, shall meet the Union and attempt notice (this time may be extended by mutual agreement). Any grievance not moved to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) arbitration within said thirty (30) calendar days shall be deemed abandoned. A party’s decision to forgo arbitration of a grievance shall not prejudice that party from pursuing through arbitration a future alleged violation of the date same sort. The motion for arbitration shall be by written notice from the Union receives moving party to the Employer’s final answerother party. The parties then shall take the issue to arbitration according to the procedures hereinafter set forth.
D. In (1) The Employer and the event Guild agree to the Parties are unable to agree upon the selection following panel of an arbitrator within ten (10) arbitrators: Xxxx Xxxxx, Xxxx XxXxxxx, Xxxxxx XxXxx, Xxxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxxx Xxxxxxx, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxx, Xxxxx Xxxxxxxx, XxxxxXxxxxx.
(2) Within five (5) calendar daysdays after receipt of the written notice of arbitration, the Federal Mediation parties shall meet and Conciliation Service select an arbitrator from the panel set forth in paragraph (1) above. In the event there is disagreement as to which of these arbitrators shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the serve, an arbitrator shall be selected by each Party alternately striking off a name from the list until one remainselimin ation process.
E. The Arbitrator shall have no power (3) In the event that the arbitrators on the panel set forth in paragraph (1) above are unable or unwilling to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or serve in any way involving arbitration, the interpretation or application of the terms of this Agreement parties shall be settled and resolved by the procedures and select an arbitrator in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined prescribed in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableCalifornia Code of Civil Procedure Section 1281.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under In a mutual effort to provide a harmonious working relationship between the parties to this contract should Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application, or interpretation of this Agreement only. Every effort will be made by the parties 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 next higher step. A Time limits specified in days shall mean working days Monday through Friday excluding holidays B Grievances shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following stepsmanner:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer Step 1. The employee shall first take up his grievance with their immediate supervisor within fourteen ten (1410) calendar days workdays of the occurrence giving of the events, which gave rise to the grievance. If the events which gave rise to the grievance occurred at a time when the employee was on sick leave, vacation, or other compensated leave, the ten (10) day period shall commence running immediately upon the employee's return from such compensated leave. This first step shall be on an informal or oral basis and shall be witnessed by a representative of the Association.
B. When such notification is servedStep 2. Any grievance, which cannot be satisfactorily completed under Step 1 shall be reduced to writing by the Employeremployee and presented within five (5) working days of the day of completion of Step 1, either through a representative of the Association and the employee, or by the employee himself at the employee’s option, and discussed with the Commanding Officer of the Police Department of Police. The Commanding Officer of the Police Department shall, within five (5) workdays after presentation of the grievance, render his representative, shall meet decision on the Union and attempt to resolve the issuegrievance in writing.
C. If Step 3. Any grievance, which cannot be satisfactorily settled with the Parties are unable Commanding Officer of the Police Department in step 2 shall within five (5) workdays after completion of Step 2, be discussed with the City Manager, who shall within seven (7) workdays after this discussion, render his decision in writing, with a copy to resolve the disputeAssociation.
Step 4. In the event the grievance processed as above has not been resolved at Step 3 above, the Union either party may request that the dispute grievance be arbitrated if such request is received by submitted to arbitration within fifteen (15) work days after the Employer by City Manager renders a written decision the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In grievance. The arbitrator may be an impartial person mutually agreed upon by, and between parties. However, in the event the Parties parties are unable to agree upon the selection of an impartial arbitrator within five fifteen (515) calendar dayswork days after the grievance is submitted to arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in alternating fashion, thus leaving the seventh who shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorsarbitrator.
Step 5. The selection City and the employee and IUPA shall mutually agree in writing, to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator thereafter shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be by each Party alternately striking off a name from submitted to the list until one remains.
E. arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 above. The Arbitrator arbitrator shall have no power authority to add toconsider, subtract fromor rule upon, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party matter which a grievance is not expressly found as defined in this Agreement, not shall this Collective Bargaining Agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein.
F. Step 6. Each party shall bear the expense of its own witness and of its own representatives for the purpose of the arbitration hearing. The impartial arbitrator's fee and related expenses, and expenses in obtaining a hearing room, if any, shall be divided equally between the parties. Any party desiring a transcript must pay the cost unless both parties mutually agree to share the cost.
Step 7. The Arbitrator’s decision 's award shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionparties.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under Section 1: A grievance is defined to be any question of interpretation or application of this contract should Agreement and shall be processed as follows:
Step 1: The union representative, with or without the aggrieved employee, may take up the grievance or dispute verbally or in writing with the employee's immediate supervisor within five (5) calendar days of the date of the grievance or his knowledge of its occurrence. The supervisor may require the attendance of the employee at the discussion if he so elects, shall attempt to adjust the matter, and shall respond to the xxxxxxx or representative within five (5) calendar days.
Step 2: If the grievance has not been adjusted, it may be presented in writing to the Department Head within five (5) calendar days after the supervisor's response is received or is due. The Department Head shall investigate the matter, hold such hearings as he deems advisable, and shall respond to the xxxxxxx in writing within five (5) calendar days.
Step 3: If the grievance still remains unadjusted, it may be presented to the Store Director by Town Manager in writing within five (5) calendar days after the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility response of the Store Director Department Head is due. The Town Manager may conduct such investigations and the grieving Party to attempt to solve the problem or problems hold such hearings as quickly as is possible. Failing to solve said problem or problems he deems advisable, and shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification respond in writing is served by the Union upon the Employer within fourteen (14) calendar days after receipt of the occurrence giving rise to the written grievance.
B. When such notification is servedSection 2: Arbitration If the grievance has not been adjusted, the EmployerUnion, or his representativeand not any individual employee(s) may submit the grievance to arbitration. Submission shall be made by registered mail, shall meet addressed to the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the disputeAmerican Arbitration Association, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business postmarked no later than twenty (5:00 p.m.) within thirty (3020) calendar days following receipt of the date Town Manager's response, with a concurrent copy mailed to the Union receives Town Manager. Such arbitration shall be conducted under the Employer’s rules of the American Arbitration Association. The costs shall be shared equally by the parties. The arbitrator's decision shall be final answer.
D. In and binding on the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar daysparties, provided, however, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change alter or otherwise modify this Agreement. Nor shall amend the Arbitrator impose any limitation or obligation on either party not expressly found in provisions of this Agreement.
F. Section 3: In those instances where an employee's immediate supervisor is the Department Head, the grievance procedure shall start at Step 2.
Section 4: An aggrieved employee may act as the moving party and may process his grievance through the various steps of the grievance procedure without the Union representative in attendance, if he so elects. The Arbitrator’s decision employee shall also have the right to process his own grievance with his own personal representative, but the Union shall have the right to have a representative present at all steps of the procedure.
Section 5: Nothing herein contained shall be final and binding on both Parties provided it does not exceed construed as limiting the limits found herein and neither Party has had right of any employee having a grievance to discuss the Arbitrator’s award vacated by a court matter informally with his supervisor, Fire Chief or the Town Manager in the hope of competent jurisdictionhaving the grievance adjusted to his satisfaction.
G. The Arbitrator’s fee and all incidental expenses Section 6: Once an employee covered by this Contract initiates the formal processing of the arbitration a grievance under this Article, he shall be borne equally by barred from handling it on a basis with the Parties hereto.
17.2 Any and all matters of controversyadministration, dispute or disagreement of any kind or character existing between it being the Parties and arising out of or in any way involving the interpretation or application of the terms intention of this Agreement that once a remedy of a formal grievance procedure is elected that remedy shall be settled and resolved exclusive.
Section 7: A grievance shall be deemed waived unless processed by the procedures and in grievant to the manner set forth in this Section 17. If a question of next higher step within the arbitrability of an issue is raised by either Partytime limits specified, provided, however, such question time limits may be extended by mutual agreement. Such request for extension shall not be determined withheld in extraordinary circumstances, which preclude compliance with the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrabletime limits.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes 19.01 It is understood that the Union may not file a grievance unless the difference / concern / complaint has been discussed with his / her supervisor. If, after such discussion, the matter is not resolved then a grievance may be filed as follows: It is mutually agreed that it is the intent of the parties to resolve expeditiously grievances arising under from the application of this contract should Agreement.
Step 1 The grievance shall be reduced to writing indicating the section(s) of the Agreement which have been allegedly violated and shall be submitted to the Department Manager or his/her designate within twenty-one (21) calendar days of the circumstances giving rise to the grievance. The parties shall meet to discuss the matter within seven (7) calendar days of receipt of the grievance and if the matter is not resolved, then it may proceed to Step 2.
Step 2 Any grievance that is not resolved at Step 1 may be presented to the Store Director by the grieving party, either the Union in appropriate cases VP of Manufacturing or the employeehis/her designate at a meeting within fourteen (14) calendar days of meeting at Step 1. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as The Company will provide a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer response within fourteen (14) calendar days of the occurrence giving rise meeting at Step 2. If the matter is not resolved at the meeting at Step 2, then the grievance may be submitted to arbitration. Either party may refer the matter to arbitration within twenty-one (21) calendar days of receipt of the Company’s response or the date the response should have been provided.
Step 3 Arbitration
(1) to hear the grievance. Prior to selecting a mutually acceptable arbitrator, the Union and the Company may meet in a further attempt to solve the grievance.
B. When such notification 19.02 It is servedmutually agreed that the discussion of grievances shall be deferred until the end of the day’s work unless permission is granted to meet during working hours.
19.03 By mutual agreement of the parties, extensions to the Employertime limits referred to in the grievance procedure may be granted.
19.04 No arbitrator shall have the power to alter or change any of the provisions of the Agreement, or his representativeto substitute any new provision for any existing provision, or to provide a decision that is inconsistent with any term of the Agreement.
19.05 The parties shall bear equally the expenses of the Arbitrator.
19.06 Grievances with respect to suspensions or terminations as well, as group, policy and Company grievances, shall meet proceed directly to step 2 of the Union and attempt Grievance Procedure.
19.07 The parties may, by mutual agreement in writing, agree to the following process to resolve any grievances and the issue.following process will apply:
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute a) Hearings will be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) short and conducted in an informal manner. Decisions will be issued within thirty (30) calendar days of the date conclusion of the Union receives the Employer’s final answerhearing.
D. In the event the Parties are unable to b) The parties will agree upon the selection of on an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with Arbitrator from a list of fifteen the three (153) arbitratorsprovided to each other. The selection parties shall bear equally the expense of the arbitrator shall be by each Party alternately striking off a name from the list until one remainsArbitrator.
E. c) The parties will not be represented by lawyers at the hearing.
d) There will be full disclosure by the parties of evidence, precedents and documents in advance of the hearing.
e) The parties will minimize the use of witnesses at the hearing.
f) The parties will use concise arguments at the hearing.
g) The Arbitrator shall will have no the power to add toaccept any evidence that they rule is reliable and relevant.
h) The Arbitrator will have the power to mediate between the parties at any stage of the process, subtract from, amend, change by encouraging a settlement or otherwise modify this Agreement. Nor shall suggesting possible outcomes.
i) Any decision of the Arbitrator impose any limitation or obligation on either party will be made without prejudice and will not expressly found in this Agreementbe a precedent for future proceedings unless the parties agree otherwise.
F. The Arbitrator’s decision shall j) Decisions will be final and binding.
19.08 All agreements reached under the Grievance Procedure between the representatives of the Employer and the representatives of the Union will be final and binding on both Parties provided it does not exceed upon the limits found herein Employer, the Union and neither Party has had the Arbitrator’s award vacated employee(s) involved.
19.09 At any meeting in the formal grievance process, the grievor(s) is/are entitled to be represented by a court of competent jurisdictionUnion representative.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under Except as otherwise provided in this contract should be presented to the Store Director by the grieving partyAgreement, either every grievance the Union in appropriate cases or the employeemay have, will be adjusted as set forth below. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems A grievance shall result in the following steps:
A. A grievance, which is be defined as a violation dispute concerning the application or interpretation of an express written term a specific provision of this Agreement, need not Time spent by Employees at grievance meetings shall be considered unless notification as work time for all purposes under this Agreement. If management schedules a grievance meeting when the Employee is not scheduled to work, then the time spent by the Employee shall be credited to that Employee’s Paid Time Off. An Employee who has been suspended or discharged will be paid for attendance at grievance proceedings only in writing instances where the Employee is served reinstated with back pay. A grievance which affects a substantial number or class of Employees, or on behalf of the Union, and which the Hospital’s representative designated in Step 1 lacks authority to settle, may initially be presented at Step 2 by the Union upon representative, provided that such grievance must be filed within the Employer time period set forth in Step 2 of the grievance procedure set forth herein.
9.02 Step 1. An Employee who has a grievance shall discuss the matter with his/her immediate supervisor in the presence, of a shop xxxxxxx within fourteen thirty (1430) calendar working days of the occurrence giving rise to the grievance.. The immediate supervisor must attempt to provide a satisfactory resolution of the matter within five (5) working days of the discussion. Any Employee who alleges the occurrence of discrimination in violation of Article 15 shall submit the mailer for resolution in accordance with the Harassment and Discrimination Policy of the Hospital. The Employee may be assisted, at all times, by a Xxxxxxx or other representative of the Union.1
B. When such notification is served9.03 Step 2. If not satisfactorily settled at the first step, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union grievance may request that the dispute be arbitrated if such request is received appealed in writing by the Employer by the close of business (5:00 p.m.) shop xxxxxxx within thirty (30) calendar working days of the date occurrence giving rise to the Union receives grievance to the Employerlevel of management above the immediate supervisor’s final answer.
D. In level in the event Department where the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorsaggrieved Employee works. The selection appeal shall state the reasons for the grievance and the applicable contract provision(s) involved. The manager receiving this appeal shall meet with the grievant and the shop xxxxxxx within ten (10) working days of receipt of the arbitrator appeal. The Hospital shall be by each Party alternately striking off mail or deliver a name from written reply to the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The ArbitratorLocal Union’s decision shall be final President and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses shop xxxxxxx within ten (10) working days of the arbitration shall be borne equally by the Parties heretosecond step meeting.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 11.01 The Union shall form from among themselves a grievance committee of not more than two (2) members.
11.02 Should any difference arise between the Company and the union, such difference shall be settled in the following manner. All time periods mentioned in this contract should Article are to exclude Saturdays, Sundays and holidays observed by the Company and the Local Union.
11.03 It is understood that any alleged grievance must be presented to the Store Company within five (5) working days of the occurrence, otherwise, no grievance will be deemed to exist.
11.04 Step 1: Grievances of all Employees shall be discussed by a grievance committee member with the immediate supervisor concerned and such immediate supervisor shall render his decision within seventy-two (72) hours.
11.05 Step 2: if the reply of the supervisor is not satisfactory, the written grievance shall be referred to the Director by the grieving party, either the Union in appropriate cases within ten (10) working days or the employeematter shall be deemed settled or abandoned. It is the joint responsibility After receipt of the Store grievance to Step 2, the Director and the grieving Party Business Representative of the Union, along with one other attendee each, shall within ten (10) working days to attempt discuss the grievance. A reply to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems grievance shall result be given in writing within five (5) working days after the following steps:meeting has been held at this stage of the grievance procedure.
A. A grievance, which is defined as a violation 11.06 Any of an express written term the time allowances provided in 11.04 and 11.05 of this Agreementarticle may be extended by mutual agreement between the parties concerned.
11.07 If a grievance is to be referred to arbitration, need not it shall be considered unless notification in writing is served by so referred with ten (10) working days after the Union upon the Employer within fourteen (14) calendar days date of the occurrence giving rise reply referred to the grievancein 11.05 above.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. 11.08 In the event of a group grievance, a policy grievance or a grievance respecting the Parties discharge or suspension of an Employee, the grievance shall be in writing indicating the nature of the grievance and the remedy sought. The grievance will be processed commencing at Step 2 (Director) of the grievance procedure.
11.09 When a grievance or dispute has been submitted to arbitration the party so submitting shall notify the other party in writing of its desire to do so, and the notice shall contain the names of at least three (3) possible arbitrators. Within ten (10) working days thereafter, the other party shall accept the name of one of the arbitrators offered or submit the names of at least three (3) other possible arbitrators.
11.10 If they are unable to agree upon the selection of an such arbitrator within five ten (510) calendar working days, the Federal Mediation and Conciliation Service shall be asked by parties may request the Union Minister of Labour of the Province of Ontario to provide each Party with a list appoint such an arbitrator. (Section 49 of fifteen (15) arbitrators. the Ontario Labour Relations Act or amendment thereof).
11.11 The selection decision of the arbitrator shall be final and binding upon the parties and the Employee(s) concerned. The arbitrator by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator his/her decision shall have no power to add to, subtract fromnot alter, amend, or change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this terms of the Collective Agreement.
F. 11.12 The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed parties will jointly share the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the single arbitrator, or if any the Chairman of the Board. Witness fees and allowances shall be paid by the parties calling the witnesses.
11.13 The Unit Representative, preferably the unit chairperson, will be given up to twenty-four (24) hours notice prior to any disciplinary meeting, and shall attend with the Employee upon the employee requesting his attendance at the meeting. The Company shall not be prevented from holding a disciplinary meeting where the Unit representative and/or the business representative is not available, or where the discipline is issued immediately.
11.14 Any letter of reprimand, suspension, or other discipline will be removed from the record of an Employee twenty-four (24) months following receipt of such letter, suspension or other discipline, provided that the Employee's record has been discipline free for such twenty-four (24) month period. Copy of the removal will be provided to the Unit Chairperson.
11.15 Any grievance settled prior to arbitration shall be borne equally not set precedent nor prejudice any future matters unless agreed to in writing by the Parties heretoIBEW Business Representative and the Director of Labour Relations.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes Any complaint arising under this contract should between the employees and the Employer shall be presented to considered as a grievance and shall be dealt with as speedily and effectively as possible, in accordance with the Store Director by procedure outlined below: Any employeehaving a complaint shall first take the grieving party, either matter up with her supervisor when the Union in appropriate cases or the employee. It is the joint responsibility employee became aware of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence issue giving rise to the grievance.
B. When complaint. The supervisor shall give a decision within seventy-two (72) hours of such notification discussion. If the supervisor’s decision is servednot satisfactory to the employee, the Employeremployee may refer the complaint to the Union Committee. The Union Committee will then submit the grievance in writing to the Administrator, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator designate within five (5) calendar daysdays of the response. The Administrator shall respond to the grievance in writing to the Union Committee within five (5) calendar days of receipt. If the response is not satisfactoryto the Union Committee, the Federal Mediation and Conciliation Service parties shall arrange a meeting with-in five (5) calendar days of receipt of the Employer’sresponseto discuss the grievance. The meeting shall be asked attended by the Union to provide each Party with a list of fifteen (15) arbitratorsCommittee and representativesof the Employer. The selection Employer’s response shall be in writing within five (5) calendar days of the meeting. If the Union Committee is not satisfied with the response it may refer the grievance to arbitration as provided below within five (5) calendar days of the receipt of the Employer’s response. The parties shall use a single arbitrator to decide unresolved grievances between them selected from the list below: Xxxxxxx Xxx Xxxxxxxxx Xxx The parties may add to the list by mutual agreement. The cost of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne shared equally by the Parties hereto.
17.2 Any Employer and all matters of controversy, dispute the Union. The arbitrator shall not have the to alter or disagreement of change any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms provisions of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either PartyAgreement, such question shall be determined in the first instance by the arbitrator or board. Neither Party nor to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.substitute any new provisions lieu thereof, nor give any decision
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under Section 1: In a mutual effort to provide a harmonious working relationship between the parties to this contract should Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement.
Section 2: Every effort will be made by the parties 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/her grievance shall be considered conclusively abandoned and the abandonment shall not be the subject of arbitration. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step.
Section 3: Grievances shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance1. The employee shall first take up his/her grievance with his immediate supervisor, which who is defined as not a violation member of an express written term of this Agreementthe Bargaining Unit, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen ten (1410) calendar business days of the occurrence giving of the event(s) which gave rise to the grievance. This first step (between the employee and his immediate
2. Any grievance, which cannot be satisfactorily settled with the immediate supervisor, shall be reduced to writing by the employee and deliver to the employee’s Department Director by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission, and if delivery is by hand, it shall be signed by the Department Director solely to establish date of receipt.. Such grievance shall be presented to the Department Director within three business days from the immediate supervisor’s decision being made under step 1 of this section, but in any event, the grievance shall be delivered to the Department Director no later than 21 days of the occurrence of the event(s) which gave rise to the grievance. The Department Director shall, within ten (10) business days after presentation of the grievance (or such longer period of time as is mutually agreed upon in writing and signed by both the employee (or employee union representative) and the Department Director), render his decision on the grievance in writing and deliver it to the employee, or the employee union representative, by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission.
B. When such notification 3. In the event the employee is servednot satisfied with the disposition of the grievance in Step (2), he shall have the Employerright to appeal the Department Director’s decision to the City Manager, or his designee, within ten (10) business days of the issuance of the Department Director's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee and deliver to the City Manager by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission receipt, and if delivery is by hand, it shall be signed by the Department Director solely to establish date of receipt. The employee may also opt to have the employee’s union representative to request that the Department Director's decision be reversed or modified. The City Manager, or his designee, shall within ten (10) business days of the appeal (or some longer period as is mutually agreed upon in writing and signed by both the employee (or employee union representative) and the Department Director)) render his decision in writing, and deliver a copy to the employee and to the employee’s union organization or representative, both of which shall meet be deliver by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission and if delivery is by hand, it shall be signed by the Union and attempt recipient solely to resolve the issueestablish date of receipt.
C. If 4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the Parties are unable grievance is directly between the employee’s(s) union organization and the City, such grievance shall be presented in writing directly to resolve the disputeDepartment Head within ten (10) business days of the occurrence of the event (s) which gave rise to the grievance. The grievance shall specify the names of the employees desiring to grieve. The class action grievance must be signed by the aggrieved employees or the President or representative of the employee union organization. Thereafter, the Union grievance shall be processed in accordance with the procedures set forth in Step (2) and Step (3), including the requirements for delivery of grievances/appeals and employer decisions
5. In the event a grievance processed through the grievance procedure has not been resolved at Step (3), either party may request that the dispute grievance be arbitrated if such request is received by submitted to arbitration within
6. The arbitrator will confine his consideration and determination to the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days written statement of the date grievance presented in Step (2) of the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorsgrievance procedure. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power authority to change, amend, add to, subtract from, amend, change or otherwise modify alter or supplement this Agreement, or any part thereof or amendment thereto nor to interpret any provision that is clear or unambiguous. Nor The arbitrator shall the Arbitrator impose have no authority to consider or rule upon any limitation matter which is stated in this Agreement not to be subject to arbitration or obligation on either party which is not expressly found a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein.
F. 7. Consistent with the provision of the Florida Public Employees Relations Act, Chapter 447, et seg., it is mutually acknowledged and agreed that this collective bargaining agreement shall be administered within the amounts appropriated by the City Commission for funding of the collective bargaining agreement. Accordingly, and not withstanding any other provisions of this collective bargaining agreement, the arbitrator shall have no authority, power, or jurisdiction to construe any provisions of law, statute, ordinance, resolution, rule or regulation, or provision of this collective bargaining agreement to result in, obligate, or cause the City to have to bear any expense, debt, cost or liability except for the expense of arbitration, by both parties, and the economic benefits provided by this Agreement, which result directly or indirectly, in the City exceeding the amounts appropriated and approved by the City Commission for the funding of this collective bargaining agreement as agreed upon by the parties. Any such award, which contravenes or is not in compliance with the provisions of this paragraph shall be null and void.
8. Each party shall bear the expense of its own witness (es) and of its own representatives for the purpose of the arbitration hearing. The Arbitrator’s decision impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost.
9. The initial selection process for choosing an impartial arbitrator shall commence within ten (10) business days after the receipt of the panel from the Federal Mediation Conciliation Service and each party shall have three business days to strike a member of the panel. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionparties.
G. The Arbitrator’s fee and all incidental expenses of the arbitration 10. No probationary employee shall be borne equally by entitled to utilize the Parties heretogrievance/arbitration procedure herein on any matter involving discharge, suspension, demotion or other disciplinary action.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of L4.1 Within the terms of this Agreement a grievance is a difference relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
L4.2 Prior to the Bargaining Unit filing a grievance, a Teacher, or group of Teachers, or a representative from the Bargaining Unit Executive shall attempt, by informal discussion with the appropriate principal, or, if the Teacher does not report to a principal, with the Teacher's immediate supervisor, to resolve any matter which could be the subject of a grievance. In this discussion, the Teacher or group of Teachers may be accompanied by a representative of the Bargaining Unit.
L4.3 Where it could reasonably be expected that an incident would lead to discipline or discharge, the principal or immediate supervisor will inform the Teacher of this possibility and will advise the Teacher that they may be accompanied by a representative determined by the Bargaining Unit (excluding legal counsel) at the Opportunity to Respond Meeting as per L4.
L4.4 As part of its investigation the Board will give the Teacher an opportunity to respond to all of the allegations of which the Board is aware. The general nature and timeframe of the behaviours of concern to the Board shall be settled and resolved provided to the Teacher prior to the Opportunity to Respond Meeting.
L4.5 A grievance may be filed on behalf of a Teacher or a group of Teachers by the procedures and in Bargaining Unit at Step One within the manner set forth in this Section 17. If a question next 20 school days following the day the cause of the arbitrability grievance became known or reasonably ought to have been known to the Teacher.
L4.6 A grievance relating to the discharge or discipline of an issue is raised by either Partya Teacher may be filed at Step Two with the agreement of the Bargaining Unit. In any other event, such question grievance shall be determined in filed at Step One.
L4.7 Step One
L4.8 The grievance shall state the first instance by the arbitrator clause or board. Neither Party to clauses of this Agreement that it is alleged have been violated.
L4.9 The Director or designate shall refuse attempt to proceed resolve the grievance within ten school days of receipt of the grievance and may meet with the grievor(s) and the Bargaining Unit representative at a mutually agreeable time.
L4.10 Step Two
L4.11 If the grievance is not settled within ten school days of the meeting or after written response has been given if earlier than ten school days or upon expiry of time limits, it may be referred to arbitration upon within thirty school days in accordance with L4.16.
L4.12 The Board or Bargaining Unit may initiate a policy or group grievance beginning at Step Two of the grounds grievance procedure. The Board or Bargaining Unit shall initiate such policy or group grievance by giving notice to the other party within 90 school days following the day that the matter in question cause for the grievance became known or reasonably ought to have been known to the grieving party. L4.13 The time within which such grievance may be brought may extend up to 90 days beyond the term of this Agreement if the day the cause became known or reasonably ought to have been known is not arbitrablewithin 90 school days preceding the end of the term of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to a) Grievance means any difference between the Store Director parties bound by the grieving partyAgreement concerning its interpretation, either the Union application or alleged violation thereof.
b) Employees will have union representation in appropriate cases any grievance or the employeedisciplinary meeting. It is the joint responsibility Representatives of the Store Director union shall include shop xxxxxxx at the first step and may include any officer of the grieving Party union or shop xxxxxxx at further steps.
c) Efforts to attempt resolve grievances, up to solve but not including arbitration, shall be made on company time. The griever(s) may be present for any formal meeting throughout the problem or problems as quickly as is possiblegrievance and arbitration procedure. Failing to solve said problem or problems Meetings will be scheduled taking into consideration operating issues and will not hamper the efficiency of the paper.
d) The following grievance procedure shall result in the following stepsbe observed:
A. A grievanceStep 1: An employee, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served accompanied by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representativeshop xxxxxxx, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the griever, raise the matter orally with the employee’s immediate supervisor. The supervisor shall reply to the grievance within seven
Step 2: If the employee is not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the employee, accompanied by a union representative, will within nine (9) days of the date reply at Step 1, present the Union receives grievance in writing to the Employer’s final answer.Publisher. The grievance shall be answered in writing within seven
D. In Step 3: If the event the Parties two parties are unable to agree upon at the selection second step, then the party raising the grievance may refer the matter, including any dispute as to whether the matter is abatable, to arbitration within twenty-one (21) days of the reply in Step 3.
e) In general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator. However, either party may elect to submit a grievance to an Arbitration Board of three members, in which case the other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the name of a nominee to the arbitration board of the party requesting arbitration. The recipient of the referral shall, within five ten (510) calendar days, notify the Federal Mediation and Conciliation Service shall be asked other party in writing of its acceptance of one of the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board, submit its nominee to the arbitration board. Policy grievances by the Union and Company shall be tabled at Step 2. Either party will have the right to provide each Party with request expedited arbitration.
f) The parties shall endeavor within ten (10) days to agree upon a list single arbitrator, or in the case of fifteen (15an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or a chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Ministry of Labour of Ontario may be asked to make the appointment.
g) arbitratorsThe Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The selection of arbitrator or board shall issue a decision and the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed upon the limits found herein parties and neither Party has had upon any employee and employer affected by it. In the Arbitrator’s award vacated by a court case of competent jurisdictionan Arbitration Board, the decision of the majority is the decision of the board, but if there is no majority decision, the decision of the Chair shall govern.
G. The Arbitrator’s fee h) Each party shall pay the fees and all incidental expenses of its appointee to an Arbitration Board and the Employer and the Union shall each pay one-half of the fees and expenses of the arbitration shall be borne equally by Chair or the Parties heretosingle arbitrator.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing i) By mutual agreement between the Parties Employer and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures Union, and in the manner set forth case of an Employer or a Union grievance, or in the case of a grievance involving discharge of an employee, the processing of a grievance may begin at Step 2.
j) It is intended that grievances shall be processed as quickly as possible. If the grieving party does not appeal the grievance to the successive stage within the specified appeal time limit, the grievance shall be deemed to be abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage.
k) Time limits in this Section 17article may be extended by mutual agreement. If a question of the arbitrability of an issue is raised by either PartyIn all cases, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable“days” means calendar days.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. 4-1 A grievance, which grievance is defined as a any dispute which arises regarding an interpretation, application, or alleged violation of an express written term any of the provisions of this Agreement. A grievance may be filed by an Employee of the School District covered by this Agreement, need individually or through the Association, or by the Association. A grievance will not include any matter or action taken by the school trustees, or any of its agents, for which relief is granted by the Statutes of Nevada.
4-2 The provisions of this Article are for the purpose of setting forth the full grievance procedure including the time limits relating to these procedures which may culminate in arbitration.
4-3 Time limits indicated at each level of the grievance procedure set forth in this Article shall be considered construed as maximum and an attempt shall be made to expedite the process. The time limits set forth in this Article shall be waived at the end of the aggrieved Employee's regular assignment or when the aggrieved Employee is on an approved leave, unless notification the Employee, in the event the grievance was filed by the Employee, the Association, and the District mutually agree to observe the timelines specified in Article 4.
4-4 Extensions of the time limits may be requested verbally or in writing is served by either party. Verbal extensions shall be confirmed in writing by the Union upon party making the Employer request within fourteen two (142) calendar days Days.
4-5 STEP ONE: Informal Discussion:
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their immediate supervisor or Appropriate Administrator whenever possible. The provisions of this Article are not intended to preclude an Employee with a potential grievance from informally discussing the occurrence giving rise problem with his/her Immediate Supervisor or Appropriate Administrator prior to the filing a formal grievance.
B. When (b) If an Employee requests an informal discussion with his/her immediate supervisor or Appropriate Administrator concerning the subject matter of a potential grievance, such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute informal discussions will be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within held no later than thirty (30) calendar days of Days from the date last day the Union receives the Employer’s final answeralleged violation occurred.
D. In the event the Parties are unable to agree upon the selection (c) It is understood and agreed that all aspects of an arbitrator within five (5) calendar dayssuch informal discussions, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator if any, which take place shall have no power to add to, subtract from, amend, change bearing or otherwise modify precedential effect on the resolution of that grievance or any similar grievance filed in accordance with this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this AgreementArticle.
F. The Arbitrator’s decision (d) If a grievance is resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that resolution to writing prior to the termination of the time limits for filing a formal grievance. Any written resolution shall be final acknowledged by both parties and binding on both Parties provided it does not exceed forwarded to the limits found herein Association and neither Party has had the Arbitratorsuperintendent’s award vacated by designee, Employee-Management Relations. The absence of such a court of competent jurisdictionwritten resolution shall serve as notice that the formal grievance procedure may be initiated.
G. The Arbitrator’s fee and all incidental expenses of the arbitration 4-6 All grievances shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and processed in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.following manner: STEP TWO
Appears in 1 contract
Samples: Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract 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 necessary, then she or he shall file a written statement of the grievance with his/her immediate supervisor within twenty-one (21) calendar days from the occurrence or from when the employee reasonably should be presented have had knowledge thereof. The supervisor shall respond to the Store Director by grievance no later than fourteen (14) calendar days after the grieving party, either grievance is received. If the Union in appropriate cases or employee has no immediate supervisor capable of resolving the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined 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 violation of an express written term of this Agreement, need not be considered unless notification in writing is served by notice to the Union upon the Employer Workgroup Supervisor within fourteen (14) calendar days after the immediate supervisor's reply including: (1) statement of the occurrence giving rise 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). If the grievance is contesting a termination decision, neither the immediate supervisor nor the workgroup supervisor has the authority to overturn the termination. As such, grievances contesting termination shall be commenced through the Director as provided in Subsection (c), except that the grievant and the Union shall be granted thirty (30) days to submit the grievance to the grievanceDirector.
B. When such notification is served(c) If the grievance remains unresolved, the Employeremployee shall submit the grievance to the Director within fourteen (14) calendar days after the Workgroup Supervisor’s reply. Within fourteen (14) calendar days of receiving the grievance, said person or his representativepersons with authority shall respond to the grievance in writing. If the grievance remains unresolved, an informal meeting on the matter may be arranged by mutual consent of the parties. Said meeting shall meet be held within fourteen (14) calendar days after said response is due and will be attended by the Union employee, representatives of the Union, the immediate supervisor or Workgroup Supervisor, Director, any other representative of the Employer (e.g. Human Resource Director), and attempt to resolve any other person deemed necessary for the issueproper resolution of the matter.
C. (d) If the Parties are unable to resolve the disputegrievance remains unresolved, the Union may request that submit the dispute be arbitrated matter to the Board of County Commissioners within fourteen (14) calendar days after the meeting is held, or if such request no meeting is received held, then fourteen (14) calendar days after the response by the Employer by Director, or other authority. Once the close grievance is submitted to the Board of business Commissioners parties shall proceed in the following manner:
(5:00 p.m.1) within thirty Within fourteen (3014) calendar days of submission to the Board of County Commissioners, the written position of the parties shall be submitted to the Board. The parties may also request and shall be granted time to present oral testimony from witnesses to the Board.
(2) Upon submission of the written positions of the parties, and supplemental testimony given, the Board may affirm, modify or reverse the action or decision which is the subject of the grievance by written findings and order. The Board shall render its decision within fourteen (14) calendar days from the date of the last written submission.
(e) If the grievance remains unresolved, the Union receives may submit the Employer’s final answer.
D. In the event the Parties are unable matter to agree upon the selection of an arbitrator within five fourteen (514) calendar days, days after the Federal Mediation and Conciliation Service 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 asked by requested, and the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator parties shall be by each Party alternately striking off a name strike from the list until only one remains.
E. is left. The Arbitrator moving party shall have no power to add to, subtract from, amend, change or otherwise modify this Agreementstrike the first name. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision selection process shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.completed within seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under For the purposes of this Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays.
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, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract should between the Union and the City.
Section 2. A grievance is hereby jointly defined to be presented any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to the Store Director wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility on behalf of the Store Director affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the grieving Party to attempt to solve the problem or problems as quickly as remedy which is possiblesought.
Section 4. Failing to solve said problem or problems Grievances shall result be processed in the following stepsmanner:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen Step 1. Within ten (1410) calendar working days of the occurrence of the disagreement giving rise to the grievance, the employee must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the Department Head for a meeting to discuss the grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the employee's actual letter requesting a review as described in this step. The employee is entitled to be represented by a Union representative or by the Union's attorney at this meeting. The Department Head will render a written decision within ten (10) working days of the meeting with the employee.
B. When such notification Step 2. If the grievance is servednot solved under Step 1, the Employeremployee may request a hearing before the Personnel Board or arbitrator by notifying the Personnel Director in writing, or his representative, shall meet within five (5) working days from the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the disputedate of decision in Step 1. Upon such written notification, the Union may request that Personnel Director shall arrange for a hearing before the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) Personnel Board within thirty (30) calendar working days from the date of request as described in this Step.
Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the date express purpose of the Union receives contractual provision in question. It is also understood and agreed that it is the Employer’s final answerintent 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.
D. In Section 6. Upon receipt of a notice of intent to arbitrate a grievance, the event City, through its designated representative, and the Parties employee, or his designated representative, shall promptly meet and attempt to select an arbitrator by mutual agreement. If the parties are unable to agree upon the selection of select an arbitrator within five (5) calendar daysby this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with (FMCS) requesting a list of fifteen five (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.5)
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to Section 1 Any grievance or dispute which may arise between the Store Director by Parties, including the grieving partyapplication, either the Union in appropriate cases meaning, or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term interpretation of this Agreement, need shall be settled in the following manner:
STEP 1. The UNION xxxxxxx, with or without the Employee, shall take up the grievance or dispute, in writing, with the Employee's departmental supervisor within ten (10) working days, not including holidays, of its occurrence. The departmental supervisor shall then attempt to adjust the matter and shall respond to the xxxxxxx within ten (10) working days, not including holidays. If the xxxxxxx is not available, the response may be considered unless notification made to the chairman of the UNION Grievance Committee.
STEP 2. If the grievance has not been resolved, it shall be presented, in writing is served writing, by the Union upon UNION xxxxxxx or the Employer within fourteen (14) calendar days chairman of the occurrence giving rise UNION Grievance Committee, to the grievancePolice Chief within ten (10) working days, not including holidays, after the Departmental Supervisor's response is due. The Police Chief shall respond to the UNION xxxxxxx or the chairman of the UNION Grievance Committee, in writing, within ten (10) working days, not including holidays.
B. When such notification STEP 3. If the grievance still remains unresolved, it may be presented by the UNION Representative or Grievance Committee Chairman to the City Administrator, or his representative, in writing, within ten (10) working days, not including holidays, after the response of the Police Chief is served, the Employerdue. The City Administrator, or his representative, shall meet respond, in writing, to the Union UNION Representative or Grievance Committee Chairman (with a copy of the response to the local UNION President) within ten (10) working days, not including holidays. Any and attempt all grievances reduced to writing and resolved shall be signed by the CITY's and UNION's Committees for the records of each Party. In order to eliminate waste of time or delay, it may be agreed by the CITY's and the UNION's Committees to try to resolve one or more grievances at the issuesame time. Also, the CITY or the UNION shall have the right to call any witnesses either Party feels necessary whose testimony would be pertinent to the settlement of a grievance.
C. STEP 4. If the Parties are unable to resolve the disputegrievance is still unresolved, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) either Party may, within thirty (30) calendar days after the reply of the date City Administrator or his representative is due, by written notice to the Union receives other, request Arbitration. The Arbitration proceedings shall be conducted by an Arbitrator to be selected by the Employer’s final answer.
D. In CITY and the event UNION, within ten (10) working days, not including holidays, after notice has been given. If the Parties are unable fail to agree upon the selection of select an arbitrator within five (5) calendar daysArbitrator, the Federal Mediation and Conciliation Service shall be asked requested, by the Union either or both Parties, to provide each Party with a list panel of fifteen seven (157) arbitratorsArbitrators. The selection Party, other than the Party requesting arbitration, shall have the right to strike the first name; the other Party shall then strike one (1) name. The process will be repeated and the remaining person shall be the Arbitrator. The decision of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found Parties, and the Arbitrator shall be requested to issue his decision within 30 days after the conclusion of testimony and argument. Notwithstanding any provision herein and neither Party has had to the contrary, no dispute shall be submitted to binding arbitration when the Governing Body of the City of Carlsbad has, pursuant to the provisions of 39-3-1.1 et. seq., XXXX 0000 as amended, previously made a final decision on the same dispute. Employees may appeal the decision of an arbitrator to District Court in accordance with State Statutes.
Section 2 Expenses for the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee 's services and all incidental expenses of the arbitration proceedings shall be borne equally by the CITY and the UNION. Both Parties hereto.
17.2 Any may mutually agree to provide and all matters share equally in the cost of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application providing a verbatim record of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableproceedings.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented Section 1. This Project Labor Agreement is intended to provide close cooperation between management and labor. The Prime Contractor and the San Francisco Building and Construction Trades Council shall each assign a representative to the Store Director Project for the purpose of assisting the local Unions, together with the Contractors, to complete the construction of the Project economically, efficiently, continuously, and without interruption, delays, and work stoppages.
Section 2. All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the grievance and arbitration provision contained in the Schedule A applicable to the craft of the affected employee. No employee working on the
(a) All Project labor disputes involving the application or interpretation of a local Master Collective Bargaining Agreement (“Schedule A”) to which a signatory Contractor and a signatory Union are parties shall be resolved pursuant to the resolution procedures of the Schedule A. All disputes relating to the interpretation or application of this Project Labor Agreement shall be subject to resolution through the grievance and arbitration procedure set forth herein. The Parties agree that ECSF may employ these grievance procedures by a majority vote of ECSF Steering Committee members and has standing to do so solely for disputes concerning Article I Paragraphs 3 through 4, Article III Section 3, subsections (c), (f), and (g), Article XI Section 2, or Article XIII.
(b) The parties understand and agree that in the event any dispute arises out of the meaning, interpretation, or application of the provisions of this Project Labor Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving partyparty (Local Union or District Council on its own behalf, either the Union in appropriate cases or on behalf of an employee whom it represents, or a Contractor on its own behalf, or the employee. It is the joint responsibility ECSF after a majority vote of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification ECSF Steering Committee members) provides notice in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the signatory party with whom it has a dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, days after becoming aware of the Federal Mediation and Conciliation Service shall be asked by dispute but in no event more than thirty (30) days after it reasonably should have become aware of the Union event giving rise to provide each Party with a list of fifteen (15) arbitratorsthe dispute. The selection time limits in Section 3 may be extended by mutual agreement (oral or written) of the arbitrator shall be by each Party alternately striking off a name from the list until one remainsparties.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Community Workforce Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 17.01 Should any dispute arise between the Board and any Employee(s) regarding the interpretation, meaning, operation or application of this contract Agreement, including any question as to whether a matter is arbitrable; or should any allegations be presented made that this Agreement has been violated, or should any dispute arise, an xxxxxxx effort shall be made to settle the dispute in the following manner. Discussion Stage Prior to filing any grievance pursuant to this article, an Employee should, where appropriate, first approach the Employee's immediate supervisor to inform the supervisor of the facts of the matter and seek clarification where warranted. The Employee may choose to be accompanied by an Association representative. Any discussion at this stage shall be without prejudice to the Store Director by formal grievance process and shall have no effect on the grieving party, either the Union timelines for filing a grievance as set out in appropriate cases or the employee. It is the joint responsibility Step 1 below.
(a) All grievances shall be submitted within twenty-one (21) working days of the Store Director alleged incident. In the event of a grievance originating white an Employee is on an approved leave of absence from work, such grievance shall be lodged within twenty-one (21) days of the said Employee returning to work. The grievance shall be submitted in writing and state the nature and particulars of the grievance and the grieving Party to remedy or solution sought. ARTICLE 17 - HEARING OF GRIEVANCES, cont’d
(b) STEP 1 - The aggrieved Emptoyee(s) shall first attempt to solve resolve the problem grievance by submitting the grievance in writing to their Applicable Administrator. The Administrator shall render their decision within five (5) working days after receipt of the grievance.
(c) STEP 2 - Failing satisfactory settlement within five (5) working days after the dispute was submitted under Step 1, the Association Committee will submit to the Secretary-Treasurer a written statement of the particulars of the grievance and the redress sought. The Secretary-Treasurer shall render their decision within five (5) working days after receipt of such notice.
(d) STEP 3 - Failing settlement being reached in Step 2, the Association Committee will submit the written grievance to the Board of Trustees who shall render its decision within a reasonable amount of time.
(e) STEP 4 - Failing a satisfactory settlement being reached in Step 3, the Association shall indicate their intent to proceed or problems not to proceed to arbitration within five (5) working days.
17.02 The time limits in both the Grievance Procedure and the Arbitration Procedure may be extended by consent of the Parties to this Agreement, in writing. Failure to comply with the time limits as quickly as is possible. Failing to solve said problem set forth in this Article or problems subsequently extended by mutual agreement shall result in the following steps:grievance being deemed to have been abandoned and all rights or recourse to the Grievance Procedure shall be at an end.
A. A grievance(a) When either Party requests that a grievance be submitted to arbitration, which is defined the request shall be made, in writing, addressed to the other Party of the Agreement.
(b) Within fourteen (14) days thereafter, each Party shall name an arbitrator to an Arbitration Board and notify the other Party of the name and address of its appointee. These two arbitrators shall appoint a third person, who shall be mutually satisfactory to both Parties, to act as Chair.
(c) If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer Chair within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service appointment shall be asked made by the Union to provide each Party with a list Manitoba Labour Board upon the request of fifteen either Party. ARTICLE 17 - HEARING OF GRIEVANCES, cont’d
(15d) arbitrators. The selection decision of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision Arbitration Board shall be final and binding on both Parties, but in no event, shall the Board of Arbitration alter, modify or amend this Agreement in any respect
(e) The Parties provided it does not exceed to this Agreement request that the limits found herein and neither Party has had Board of Arbitration hand down its decision within fifteen (15) days from the Arbitrator’s award vacated by a court date of competent jurisdictionthe hearing.
G. The Arbitrator’s fee (f) Each Party shall pay the fees and all incidental expenses of its appointee and one- half of the fees and expenses of the arbitration shall be borne equally by the Parties heretoChair.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should Section 1 - An Employee may informally discuss a problem with his/her academic unit
Section 2 - The parties desire a prompt and efficient method of resolving grievances as
Section 3 - A grievance may be presented to the Store Director filed by the grieving partyUnion or an Employee (with a copy given to
Section 4 - After making efforts to resolve the grievance informally, either a grievance shall be Step Two: If the Union in appropriate cases or grievance is not resolved at Step One, a Step Two grievance shall Step Three: If the employee. It grievance is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following stepsnot resolved at Step Two, a Step Three grievance Step Four:
A. A grievanceIf the grievance is not resolved at Step Three, which is defined as a violation of an express written term of this Agreement, need not the grievance shall be considered unless notification in writing is served submitted by the Employer or the Union upon within 15 working days after the Employer within fourteen (14) calendar days University has responded to the Step Three grievance or, if no response was given, the date on which that response was due, to an arbitrator selected in accordance with the procedures of the occurrence giving rise to American Arbitration Association. The arbitration shall be conducted under the grievancevoluntary Labor Arbitration Rules then prevailing of the American Arbitration Association.
B. When such notification is served, the Employer, or his representative, shall meet the Union The fees and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration American Arbitration Association and the Arbitrator shall be borne equally by the Parties heretoparties.
17.2 Any C. The award of the arbitrator hereunder shall be final and all matters of controversybinding upon the Employer, dispute the Union, and the Employee. The Arbitrator shall not add to, delete from or disagreement of modify any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement Agreement. specified time limits at any step shall not be settled deemed acquiescence thereto, and resolved by the procedures and Union may proceed to the next step. Failure to file or advance a grievance in writing within the manner time limits set forth in this Section 17Article shall result in a waiver of any right to pursue the matter at issue through this grievance procedure. If a question Any disposition of grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not be considered subject to any step in the grievance procedure. of the arbitrability of an issue is raised by either Party, such question shall be determined Parties in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrablewriting.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract 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 necessary, then she or he shall file a written statement of the grievance with his/her immediate supervisor within twenty-one (21) calendar days from the occurrence or from when the employee reasonably should be presented have had knowledge thereof. The supervisor shall respond to the Store Director by grievance no later than fourteen (14) calendar days after the grieving party, either grievance is received. If the Union in appropriate cases or employee has no immediate supervisor capable of resolving the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined 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 violation of an express written term of this Agreement, need not be considered unless notification in writing is served by notice to the Union upon the Employer Workgroup Supervisor within fourteen (14) calendar days after the immediate supervisor's reply including: (1) statement of the occurrence giving rise 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). If the grievance is contesting a termination decision, neither the immediate supervisor nor the workgroup supervisor has the authority to overturn the termination. As such, grievances contesting termination shall be commenced through the Director as provided in Subsection (c), except that the grievant and the Union shall be granted thirty (30) days to submit the grievance to the grievanceDirector.
B. When such notification is served(c) If the grievance remains unresolved, the Employeremployee shall submit the grievance to the Director within fourteen (14) calendar days after the Workgroup Supervisor’s reply. Within fourteen (14) calendar days of receiving the grievance, said person or his representativepersons with authority shall respond to the grievance in writing. If the grievance remains unresolved, an informal meeting on the matter may be arranged by mutual consent of the parties. Said meeting shall meet be held within fourteen (14) calendar days after said response is due, and may be attended by the Union employee, representatives of the Union, the immediate supervisor or Workgroup Supervisor, Director, any other representative of the Employer (e.g. Human Resource Director), and attempt to resolve any other person deemed necessary for the issueproper resolution of the matter.
C. (d) If the Parties are unable to resolve the disputegrievance remains unresolved, the Union may request that submit the dispute be arbitrated matter to the Board of County Commissioners within fourteen (14) calendar days after the meeting is held, or if such request no meeting is received held, then fourteen (14) calendar days after the response by the Employer by Director, or other authority. Once the close grievance is submitted to the Board of business Commissioners parties shall proceed in the following manner:
(5:00 p.m.1) within thirty Within fourteen (3014) calendar days of submission to the Board of County Commissioners, the written position of the parties shall be submitted to the Board. The parties may also request and shall be granted time to present oral testimony from witnesses to the Board.
(2) Upon submission of the written positions of the parties, and supplemental testimony given, the Board may affirm, modify or reverse the action or decision which is the subject of the grievance by written findings and order. The Board shall render its decision within fourteen (14) calendar days from the date of the last written submission.
(e) If the grievance remains unresolved, the Union receives may submit the Employer’s final answer.
D. In the event the Parties are unable matter to agree upon the selection of an arbitrator within five fourteen (514) calendar days, days after the Federal Mediation and Conciliation Service 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 asked by requested, and the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator parties shall be by each Party alternately striking off a name strike from the list until only one remainsis left. The moving party shall strike the first name. The selection process shall be completed within seven (7) calendar days from receipt of the list if possible.
E. (2) The Arbitrator arbitrator shall have render a decision no power to add to, subtract from, amend, change or otherwise modify this Agreementlater than (30) thirty calendar days after the conclusion of the final hearing. Nor shall The decision of the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision arbitrator shall be final and binding on both Parties provided it does not exceed all parties. The arbitrator shall have no right to amend, modify, nullify, ignore or add to the limits found herein provisions of this Agreement but shall be limited to consideration of the particular issue(s) presented to him/her. The arbitrator’s decision shall be based solely upon his/her interpretation of the meaning and neither Party has had the Arbitrator’s award vacated by a court application of competent jurisdictionthis Agreement.
G. The Arbitrator’s fee and all incidental expenses (3) Costs of the arbitration arbitrator shall be borne equally by the Parties heretolosing party. Each party shall be responsible for costs of presenting its own case to arbitration. Any or all time limits specified in the grievance procedure may be waived by mutual consent of the parties.
17.2 Any (f) Failure by the employee or the Union to submit the grievance in accordance with these rules and all matters of controversytime limits without such waiver, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application shall constitute a waiver of the terms of this Agreement shall be settled and resolved grievance. Failure by the procedures and in Director to submit a reply within specified time limits will not preclude the manner set forth in this Section 17. If a question employee or the Union from moving to the next level of the arbitrability grievance process. A grievance may be terminated at any time, upon receipt of an issue is raised by either Partya signed statement from the Union, such question shall be determined in or the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds employee, that the matter in question has been resolved. A grievance will be considered to have been presented or forwarded within the time limits so long as the mailing of such action was within the time limits specified.
(g) By mutual agreement, the parties may informally resolve a grievance outside of this procedure.
(h) This grievance procedure is not arbitrableestablished for the sole purpose of resolving disputes related to this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 23.1 All matters pertaining to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director proper application and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term interpretation of this Agreement, need not or any dispute or grievance arising hereunder, shall be considered unless notification in writing is served adjusted by the Union upon accredited representative of Allied Employers, Inc., and the Employer within fourteen accredited representative of the Union.
23.1.1 In cases where it is concluded that an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. The arbitrator may not render an award which requires the employer to pay an improperly discharged or suspended employee for time that the employee has not actually worked in excess of the wage and benefits the employee would have earned had he worked his normal schedule during the one hundred and eighty (14180) calendar days immediately following the date of discharge or suspension. The Parties confirm that the above is a hard cap with no exceptions.
23.2 In the event of the occurrence giving rise failure of these parties to reach a satisfactory adjustment, the grievancematter shall be referred in writing for final adjustment to a Labor Relations Committee consisting of two (2) Employer members and two (2) Union members. The decision of the Labor Relations Committee shall be final and binding on all parties.
B. When such notification 23.3 In the event the Labor Relations Committee is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation excluding weekends and Conciliation Service holidays, it shall be asked by the Union referred to provide each Party with a list of fifteen (15) arbitrators. The selection of the an impartial arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s whose decision shall be final and binding on both Parties provided it does not exceed upon the limits found parties; provided, however, that nothing herein and neither Party has had contained shall empower the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversyarbitrator to add to, dispute delete from or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of otherwise modify the terms of this Agreement. All grievances or disputes submitted to arbitration shall constitute a properly arbitrable issue under this Agreement and shall not be settled and resolved based on any issue or contention by either party which is contrary to the procedures and in terms of this Agreement, or which involves the manner set forth in determination of a subject matter not covered by this Section 17Agreement.
23.4 Whenever it becomes necessary to select an impartial arbitrator as required by this Article, the Labor Relations Committee shall endeavor to make such selection by mutual agreement. If a question In the event of failure to agree, the parties shall select an arbitrator by taking turns striking names off the list of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or boardfollowing permanent panel:
1. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.Xxxx X. Xxxx
2. Xxxxxxx X. Xxxxxxxxx
3. Xxxxxx X. Xxxxx 4. Xxxxxx Xxxxxx 5. Xxxx Xxxxx
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 901 Definition 903 Procedure 905 STEP 1 907 STEP 2 909 STEP 3 911 Arbitration
1) An impartial arbitrator shall be presented to selected by mutual agreement from the Store Director following panel of arbitrators: Xxxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxx Xxxxxxxxx 913 If the parties cannot reach agreement, the parties will select an arbitrator by alternately striking names from the grieving party, either the Union in appropriate cases or the employeelist until one arbitrator remains. It is the joint responsibility The selection of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not arbitrator must be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within completed no later than thirty (30) calendar days from receipt by the Facility of the date appeal to arbitration.
1) A hearing on the grievance shall be held at a time and place designated by the arbitrator, at which the Facility and the Union receives shall present their respective positions, evidence and arguments. The sole parties to the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service arbitration proceeding shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorsFacility and the Union. The selection of the arbitrator arbitrator’s decision shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found rendered in this Agreement.
F. The Arbitrator’s decision writing and shall be final and binding on both Parties provided it does the parties and on all affected bargaining unit Registered Nurses. It shall be issued not exceed more than thirty (30) calendar days after the limits found herein and neither Party has had close of the Arbitrator’s award vacated by a court hearing or the filing of competent jurisdictionbriefs, whichever is later.
G. 2) The Arbitratorarbitrator’s authority is derived from this Agreement and her/his jurisdiction is limited to the interpretation and application thereof. She/He shall not have authority to (a) amend or modify any provision of this Agreement; or (b) render an award on any grievance arising before the effective date, or after the termination date. Moreover, the parties agree that no dispute regarding implementation of any Patient Care Committee recommendation through Article 8 will be subject to arbitration under this agreement.
3) The fee and all incidental expenses of the arbitration arbitrator, the court reporter’s appearance fee, and the cost of mutual facilities shall be borne equally by the Parties heretoFacility and the Union.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should (a) The Employer acknowledges the right of the Union to appoint, or otherwise select, a Grievance Committee of up to two (2) members. The name of the Chairman of such Committee shall be presented communicated to the Store Director by Employer to be kept on file.
(b) Should a dispute arise between the grieving partyEmployer and any employee, either regarding the Union in appropriate cases interpretation, meaning, operation or application of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, or should any other dispute arise, an xxxxxxx effort shall be made to settle the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result dispute in the following stepsmanner:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by Step 1: The aggrieved employee shall submit the grievance to the Union. If the Union upon considers the Employer grievance justified, the grievance shall be submitted to the Chief Administrative Officer within fourteen (14) calendar days after the alleged grievance has arisen.
Step 2: Failing satisfactory settlement within two (2) working days after the dispute was submitted under Step 1, the employee concerned together with the Grievance Committee shall submit to the Employer a written statement of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days particulars of the date complaint and the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator redress sought. The Employer shall render his decision within five (5) calendar daysworking days after receipt of such notice.
Step 3: Failing agreement being reached in Step 2, application for a hearing shall be made to the Employer in writing, stating the alleged grievance and a hearing shall be arranged by the Employer within ten (10) days following receipt of such application.
Step 4: Failing satisfactory settlement within at least seven (7) days after the hearing in Step 3, either party may refer the dispute to a Board of Arbitration.
Step 5: Upon the requirement of a Board of Arbitration, the Federal Mediation Employer shall appoint one member to this Board, and Conciliation Service shall be asked by the Union shall appoint one member to provide each Party with this Board, and these two appointees shall agree upon a list Chairman; in the event that these two appointees cannot agree upon a Chairman, the Minister of fifteen (15) arbitratorsLabour shall appoint a Chairman. The selection report of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision Board of Arbitration shall be final and binding on both Parties provided it does to the parties to this agreement but shall not exceed have the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of power to change the terms of this Agreement shall be settled and resolved by the procedures and in agreement. By mutual agreement, the manner set forth in this Section 17. If parties may agree to the use of a Sole Arbitrator rather than a panel.
(c) Where a dispute involving a question of the arbitrability general application or interpretation occurs, Steps 1 and 2 of an issue is raised by either Party, such question this Article may be bypassed.
(d) All matters dealing with grievances shall be determined in writing at all stages, specifying the Step involved.
(e) Grievances settled satisfactorily within the time allowed shall date from the time that the Employer received notification of the grievance.
(f) The Employer shall supply the necessary facilities for the grievance meetings.
(g) The time limits fixed in the first instance grievance procedure may be extended by the arbitrator or board. Neither Party mutual consent of the parties to this Agreement agreement.
(h) At any stage of the grievance procedure, the parties may have the assistance of the employee(s) concerned as witnesses and any other witnesses, and all reasonable arrangements will be made to permit the conferring parties to have access to any part of the Employer's premises to view any working conditions which may be relevant to the settlement of the grievance.
(i) Where an employee is considered to be wrongfully discharged or suspended as in Article 12, Step 1 of this Article shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrablebe omitted.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 19.1: In a mutual effort to provide a harmonious working relationship between the parties to this contract should Agreement, it is further agreed and understood by the parties that there shall be presented a procedure for the resolution of grievances between the parties and that such procedure shall cover both grievances involving the application or interpretation of the Agreement (i.e., non-disciplinary matters) and grievances involving termination, demotion, suspension, or written reprimand taken against a member of the Bargaining Unit that is covered by this Agreement, except for the allegations of employment discrimination as specified in Article 7.
19.2: Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should either party fail to observe the time limits as set out in the steps of this Article, the grievance will automatically be processed to the Store Director next step of the procedure. However, time limits may be modified by mutual written agreement between the grieving partyparties.
19.3: All reference to “days” stated in this Article shall mean calendar days.
19.4: Grievances not related to suspensions, either the Union in appropriate cases demotions, or terminations (i.e., grievances concerning written reprimands or the employee. It is the joint responsibility application or interpretation of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems this Agreement) shall result be processed in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not manner and every effort shall be considered unless notification in writing is served made by the Union upon parties to secure the Employer prompt disposition of such grievances.
Step 1: The member shall first take up a grievance with his/her immediate supervisor within fourteen ten (1410) calendar days after the employee has knowledge or should have had knowledge of the occurrence giving event(s) which gave rise to the grievance. Such meeting between the member and his/her immediate supervisor shall be on an informal and oral basis.
B. When such notification is served, Step 2: Any grievance which cannot be satisfactorily settled with the Employer, or his representative, immediate supervisor shall meet the Union be reduced to writing and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received signed by the Employer by member or a representative of the close PBA and submitted to the Chief of business Police or his/her designee within ten (5:00 p.m.10) within thirty (30) calendar days of the date Step 1 meeting. The grievance shall be discussed in a meeting by and between the Union receives member, a representative of the Employer’s final answer.
D. In PBA and the event the Parties are unable to agree upon the selection Chief of an arbitrator Police within five (5) calendar daysdays from rendering the grievance to writing. The Chief of Police shall within ten (10) days after this meeting, render his/her decision in writing, with a copy to the PBA.
Step 3: In the event the member is not satisfied with the disposition of the grievance in Step 2, the Federal Mediation and Conciliation Service member or the PBA shall have the right to appeal the Chief of Police’s decision to the City Manager or his/her designee within ten (10) days from the date of receipt of the Chief of Police’s written decision. Such appeal must be asked accompanied by the Union to provide each Party filing of a copy of the original written grievance together with a list letter signed by the member and a representative of fifteen (15) arbitratorsthe PBA, requesting that the Chief of Police’s decision be modified or reversed. The selection City Manager or his/her designee shall, within ten (10) days from the filing of such appeal, render a decision in writing to the employee with a copy of the arbitrator shall be by each Party alternately striking off a name from decision to the list until one remainsrepresentative of the PBA.
E. The Arbitrator shall have no power 19.5: If the grievance is in response to add toa disciplinary action, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found except as described in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.section
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under For the purposes of this Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays.
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, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract should between the Union and the City.
Section 2. A grievance is hereby jointly defined to be presented any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to the Store Director wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility on behalf of the Store Director affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the grieving Party to attempt to solve the problem or problems as quickly as remedy which is possiblesought.
Section 4. Failing to solve said problem or problems Grievances shall result be processed in the following stepsmanner:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen Step 1. Within ten (1410) calendar working days of the occurrence of the disagreement giving rise to the grievance, the employee must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the Department Head for a meeting to discuss the grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the employee's actual letter requesting a review as described in this step. The City will not sustain a grievance prosecuted by an individual employee who has not requested the Union to pursue the grievance or participate in the grievance, without consulting with the Union, and any remedy granted to said employee will not have precedential value with respect to future disputes involving other employees in the Bargaining Unit unless expressly agreed to by the Union. The employee is entitled to be represented by a Union representative(s) and/or by the Union's attorney at this meeting.
B. When such notification Step 2. If the grievance is servednot solved under Step 1, the Employer, employee may request a hearing before the Personnel Board or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union in its sole discretion may request that the dispute matter be arbitrated if taken to arbitration by notifying the Human Resources Director in writing, within five (5) working days from the date of decision in Step 1. Upon such request is received by written notification, the Employer by Human Resources Director shall arrange for a hearing before the close of business (5:00 p.m.) Personnel Board within thirty (30) calendar working days from the date of request for a hearing before the Personnel Board. If there is a request to take the grievance to arbitration, the following procedure in the Sections stated below shall be followed, and the Human Resources Director shall arrange, either through the City Attorney’s Office or through the Director’s office, to select an arbitrator with the Union or its representative.
Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the date express purpose of the Union receives contractual provision in question. It is also understood and agreed that it is the Employer’s final answerintent 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.
D. In Section 6. Upon receipt of a notice of intent to arbitrate a grievance, the event City, through its designated representative, and the Parties employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the parties are unable to agree upon the selection of select an arbitrator within five (5) calendar daysby this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with (FMCS) requesting a list of fifteen five (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.5)
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising All agreements reached under this contract should the grievance procedure between the representatives of the Hospital and the representatives of the Union will be presented 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 Store Director 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 grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility party invoking arbitration The two nominees shall attempt to select by chairman of the Store Director Arbitration Board. If they are unable to such a chairman within a period of fourteen calendar da, shall then request the Minister of Labour for the Province 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 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 grieving Party decision of the majority and, where there is no majority the decision of the chairman will be final and 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 attempt to solve comply strictly with such time limits exceed by the problem or problems as quickly as is possible. Failing to solve said problem or problems written agreement of the parties, shall result in the following steps:
A. A grievance, which grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is defined as a violation of an express written term of this referred to in the Agreement, need not be considered unless notification the parties may mutually agree in writing is served by to substitute a single arbitrator for the Union upon Arbitration Board at the Employer within fourteen (14) calendar days time of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed reference to arbitration upon and the grounds that the matter in question is not arbitrableother provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising 1. In the event of any dispute between parties of this Agreement as to the rights and/or obligations under this contract should Agreement, a representative of Indiana/Kentucky Regional Council of Carpenters and Millwrights and a representative of the Employer shall be presented immediately notified. Every effort possible shall be made by these individuals to settle the dispute with three (3) working days before the subsequent provisions of this Article are invoked.
2. In the event that a dispute is not settled under the provisions of Paragraph 1, it shall be referred to the Store Director by the grieving party, either Joint Grievance Committee composed of three (3) representatives of the Union in appropriate cases or the employee. It is the joint responsibility and three (3) representatives of the Store Director Negotiating Committee for the Contractors/Employers. Said committee shall meet within ten (10) working days following receipt of written notice to the Union and to the grieving Party Negotiating Committee for the Contractors/Employers from either of the parties to attempt the dispute. The Joint Grievance Committee reserves the right to solve make the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result final decision in any dispute and final interpretation of any of the following steps:
A. A grievance, which is defined as a violation of an express written term provisions of this Agreement.
3. In the event a grievance is not satisfactorily settled by the Joint Grievance Committee within ten (10) working days after having been first considered by such Joint Grievance Committee, need not be considered unless notification the Union or the Negotiating Committee for the Contractors/Employers may elect to submit such grievance to impartial arbitration by notifying the other party and the affected Employer in writing is served by to that effect. The Union and the Union upon Negotiating Committee for the Employer within fourteen (14) calendar days of the occurrence giving rise Contractors/Employers may mutually agree to the grievance.
B. When such notification is serveda permanent impartial arbitrator. If they have not agreed to a permanent arbitrator, the Employer, or his representative, shall meet the Union and attempt the Negotiating Committee for the Contractors/Employers shall there upon select a disinterested person to resolve the issue.
C. act as an impartial arbitrator for such grievance. If the Parties are unable to resolve Union and the dispute, Negotiating Committee for the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to Contractors/Employers cannot agree upon the selection of an such impartial arbitrator within with five (5) calendar daysworking days after a grievance has been referred to impartial arbitration, then such impartial arbitrator shall be selected from a list of five (5) arbitrators to be furnished by the Federal Mediation and Conciliation Service Service, said selection to be effected by the parties alternately striking names from such a list and the person whose name remains on the list after four (4) having been stricken shall be asked by the Union to provide each Party with a list of fifteen (15) arbitratorsimpartial arbitrator. The Such selection of the impartial arbitrator shall be by each Party alternately striking off a name effected with five (5) days excluding Saturdays, Sundays and Holidays after receipt of the list from the list until one remainsFederal Mediation and Conciliation Service.
E. 4. The Arbitrator decision or award of the impartial arbitrator shall be final and binding upon all parties. The impartial arbitrator shall have no power authority to add to, subtract from, amend, change from or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in terms of this Agreement.
F. 5. Each party of this Agreement shall bear the expenses of preparing and presenting its own case. The Arbitrator’s decision shall be final fees and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties parties hereto. Any stenographic record or transcript shall be paid for by the parties ordering the transcript.
17.2 6. Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and time limits provided for in the manner Grievance and Arbitration Procedure set forth in this Section 17. If a question of the arbitrability of an issue is raised Article may be waived or extended by either Party, such question shall be determined in mutual agreement between the first instance by Union and the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon Negotiating Committee for the grounds that the matter in question is not arbitrableContractors/Employers.
Appears in 1 contract
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under a. Any grievance which may arise between the parties concerning the application, meaning or interpretation of this contract should Agreement, shall be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result resolved in the following stepsmanner:
A. Step 1. An employee having a grievance and his Union delegate shall within five (5) working days after it arose, or should have been known to the employee, present the grievance in writing to the Department Head or designee in addition to his/her immediate supervisor. If desired, a hearing shall be held by the Department Head within two (2) working days. A grievance so presented in Step 1 shall be answered by Temple in writing within five (5) working days after its presentation or hearing, as the case may be.
Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. A grievance shall be presented in this step too, and be discussed with the Director of Labor Relations or his designee by the Union officers; and he or his designee shall render a decision in writing within five (5) working days after the presentation of the grievance or hearing in this step.
b. Failure on the part of Temple to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step.
Section 2. Without waiving its statutory or management rights, a grievance on behalf of Temple may be presented initially at Step 2 by notice in writing addressed to the Union at its offices.
Section 3. An employee who has been suspended or discharged, or the Union on his or her behalf, may file within five (5) business days of the suspension or discharge a grievance in writing in respect thereof with the Office of Labor Relations at Step 2 of the foregoing Grievance Procedure.
Section 4. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays, and may be extended by mutual agreement.
Section 5. Any disposition of a grievance from which no appeal or notice of request to extend time limit is given within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. However, with mutual agreement, extensions may be granted. Requests for extensions shall not be unreasonably denied.
Section 6. A grievance which affects a substantial number or class of employees may initially be presented at Step 2 or Step 3 by the union. The grievance shall then be processed in accordance with the Grievance Procedure.
Section 7. A grievance, which is defined as a violation of an express written term of this Agreementhas not been resolved may, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar working days after completion of Step 3 of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar daysGrievance Procedure, the Federal Mediation and Conciliation Service shall be asked referred for arbitration by Temple or the Union to provide each Party with a list the American Arbitration Association for resolution under the voluntary Labor Arbitration Rules of fifteen (15) arbitratorsthe American Arbitration Association then prevailing.
Section 8. The selection fee and expenses of the American Arbitration Association and the arbitrator shall be borne equally by each Party alternately striking off a name from the list until one remainsparties.
E. Section 9. The Arbitrator award of an arbitrator hereunder shall be final, conclusive and binding upon Temple, the Union and the employees.
Section 10. The arbitrator shall have jurisdiction only over grievances after completion of the Grievance Procedure and he shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application any of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableAgreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under 1. The parties acknowledge that it is desirable for problems to be resolved where possible through free and informal communication. The parties, as well as individual faculty members and their immediate supervisors, are therefore encouraged to resolve problems in this contract should be presented manner. Any faculty member or group of faculty members shall have the right at any time to present complaints to their supervisors informally and to have such complaints considered in good faith with or without the Store Director by the grieving party, either intervention of the Union in appropriate cases or provided that settlements arising out of such interaction shall not be inconsistent with the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term terms of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and Xxxxxxx have approved the exception in writing. If an issue cannot be resolved through informal discussion, the procedures presented below shall be instituted. No provision of this Article shall infringe upon the right of the Union to act as the sole and exclusive collective bargaining agent as provided in Article 1, Recognition, of this Agreement, including the right, if so requested by the faculty member(s), to furnish non-attorney representation as advocate and representative of the faculty member(s) at each step of this procedure.
2. For the purposes of this Article, a grievance shall be defined as an allegation, filed by a faculty member, a group of faculty members, or the Union that there has been a violation, misinterpretation, or misapplication of a specific provision of this Agreement. This Article shall provide the exclusive means and procedures by which any of the parties identified in this Section may grieve an alleged violation, misinterpretation or misapplication of the Agreement.
A formal filing of a grievance shall in every case and at every step specify:
A. the nature of the grievance, including a brief statement of pertinent facts and a history of the grievance process to date;
B. the provision(s) of the Agreement alleged to have been violated, misinterpreted, or misapplied (or discriminatorily applied);
C. the remedy sought by the grievant.
3. Faculty shall have the right to have a non-attorney Union representative present at all stages of the grievance process provided that the University shall in no way be obligated to inform the faculty member of such a right. Neither the grievant or the Union nor the University may be represented by legal counsel at any grievance step prior to the Labor Board step, unless otherwise mutually agreed. At the Labor Board, however, the grievant or Union, as well as the University, may be represented by legal counsel.
4. The term “days” when used in this Article shall refer to calendar days, provided that, when a time period would otherwise begin or expire on a weekend or University holiday, the time period begins or ends respectively on the next University business day. The counting of days under the time limitations cited below shall commence the day after the filing of the grievance or response. All grievances and responses to grievances shall be filed by a signed hard copy and by e-mail on the same day. The date of the hard copy shall be the relevant date for the purposes of the time limits under this Article. All communications regarding grievances shall be copied to the University’s Contract Administrator and the Union President and/or his or her designee. The parties shall promptly inform each other in writing should there be a change in the designated recipient. If an individual faculty member files a grievance, the University shall inform the Union within two days of such filing and shall send a copy of said grievance to United Academics within five (5) days.
5. The grievance procedure is designed to attempt to resolve a grievance to the issuemutual satisfaction of all parties at the lowest possible step level.
C. 6. If the Parties are unable to resolve grievance involves allegations that the disputeUniversity has discriminated on the basis of race, creed, color, sex, gender identity or expression, age, disability, religion ethnicity, national origin, veteran’s status, or sexual orientation it will be processed in the same manner as any other grievance, except that either the University or the Union may request that forward such a grievance to the dispute be arbitrated if University’s Office of Affirmative Action (AAEO) after it has been initially filed. In such request is received a case, the processing of the grievance by the Employer initial recipient will be suspended pending completion of the investigation by AAEO of the close factual issues surrounding the grievance. The investigation by AAEO will be limited to the findings of business (5:00 p.m.) facts, and, absent extenuating circumstances, will be completed within thirty (30) calendar days of AAEO’s receipt of the date grievance. Upon receipt of the Union receives investigation, AAOE will send a report to the Employer’s final answerinitial recipient of the grievance, the grievant, the University through its Contract Administrator and the Union. Upon receipt of the AAEO report the initial recipient will schedule the appropriate grievance meeting as provided herein.
D. In 7. A faculty member whom a grievance names as having committed a discriminatory act does not have the event right to file a grievance under this Article unless the Parties are unable to agree upon University imposes some form of discipline against the selection faculty member, in which case the faculty member may file a grievance regarding the University’s imposition of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party discipline in accordance with a list Article 13 of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under
12.1. The parties acknowledge that it is desirable for problems to be resolved where possible through free and informal communication. The parties, as well as individual faculty members and their immediate supervisors, are therefore encouraged to resolve problems in this contract should be presented manner. Any faculty member or group of faculty members shall have the right at any time to present complaints to their supervisors informally and to have such complaints considered in good faith with or without the Store Director by the grieving party, either intervention of the Union in appropriate cases or provided that settlements arising out of such interaction shall not be inconsistent with the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term terms of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and Xxxxxxx have approved the exception in writing. If an issue cannot be resolved through informal discussion, the procedures presented below shall be instituted. No provision of this Article shall infringe upon the right of the Union to act as the sole and exclusive collective bargaining agent as provided in Article 1, Recognition, of this Agreement, including the right, if so requested by the faculty member(s), to furnish non- attorney representation as advocate and representative of the faculty member(s) at each step of this procedure.
12.2. For the purposes of this Article, a grievance shall be defined as an allegation, filed by a faculty member, a group of faculty members, or the Union that there has been a violation, misinterpretation, or misapplication of a specific provision of this Agreement. This Article shall provide the exclusive means and procedures by which any of the parties identified in this Section may grieve an alleged violation, misinterpretation or misapplication of the Agreement.
A formal filing of a grievance shall in every case and at every step specify:
A. the nature of the grievance, including a brief statement of pertinent facts and a history of the grievance process to date;
B. the provision(s) of the Agreement alleged to have been violated, misinterpreted, or misapplied (or discriminatorily applied);
C. the remedy sought by the grievant.
12.3. Faculty shall have the right to have a non-attorney Union representative present at all stages of the grievance process provided that the University shall in no way be obligated to inform the faculty member of such a right. Neither the grievant or the Union nor the University may be represented by legal counsel at any grievance step prior to the Labor Board step, unless otherwise mutually agreed. At the Labor Board, however, the grievant or Union, as well as the University, may be represented by legal counsel.
12.4. The term “days” when used in this Article shall refer to calendar days, provided that, when a time period would otherwise begin or expire on a weekend or University holiday, the time period begins or ends respectively on the next University business day. In addition, when the time period under this Article ends during the Thanksgiving break it shall be due no later than the following Wednesday. When the time period ends on or between December 23 - January 2 then the time period shall be extended for two days after January 2. The counting of days under the time limitations cited below shall commence the day after the filing of the grievance or response. All grievances and responses to grievances shall be filed by a signed hard copy and by e-mail on the same day. The date of the hard copy shall be the relevant date for the purposes of the time limits under this Article. All communications regarding grievances shall be copied to the University’s Contract Administrator and the Union President and/or his or her designee. The parties shall promptly inform each other in writing should there be a change in the designated recipient. If an individual faculty member files a grievance, the University shall inform the Union within two (2) days of such filing and shall send a copy of said grievance to United Academics within five (5) days.
12.5. The grievance procedure is designed to attempt to resolve a grievance to the issuemutual satisfaction of all parties at the lowest possible step level.
C. 12.6. If the Parties are unable to resolve grievance involves allegations that the disputeUniversity has discriminated on the basis of race, creed, color, sex, gender identity or expression, age, disability, religion ethnicity, national origin, veteran’s status, or sexual orientation it will be processed in the same manner as any other grievance, except that either the University or the Union may request that forward such a grievance to the dispute be arbitrated if University’s Office of Affirmative Action (AAEO) after it has been initially filed. In such request is received a case, the processing of the grievance by the Employer initial recipient will be suspended pending completion of the investigation by AAEO of the close factual issues surrounding the grievance. The investigation by AAEO will be limited to the findings of business (5:00 p.m.) facts, and, absent extenuating circumstances, will be completed within thirty (30) calendar days of AAEO’s receipt of the date grievance. In cases where the Union receives has filed a grievance on behalf of an individual faculty member or members, the Employer’s final answerUnion shall have the right to be present at any interview of such faculty member or members during the investigation by the AAEO. Upon receipt of the investigation, AAOE will send a report to the initial recipient of the grievance, the grievant, the University through its Contract Administrator and the Union. Upon receipt of the AAEO report the initial recipient will schedule the appropriate grievance meeting as provided herein.
D. In 12.7. A faculty member whom a grievance names as having committed a discriminatory act does not have the event right to file a grievance under this Article unless the Parties are unable to agree upon University imposes some form of discipline against the selection faculty member, in which case the faculty member may file a grievance regarding the University’s imposition of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party discipline in accordance with a list Article 13 of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 10.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and any dispute or complaint between the employee and the employer shall be dealt with hereunder.
10.02 It is agreed that any employee does not have a grievance until he/she or his/her xxxxxxx has discussed the complaint with his/her supervisor.
10.03 If such complaint is not settled to the satisfaction of the employee concerned it shall be reduced to writing and signed by the griever or when not available the Union on their behalf, such complaint shall be considered to be a grievance and subject to the following steps of the grievance procedure once presented to the Store Director employee’s supervisor:
Step 1 The grievance may be discussed by the grieving party, either xxxxxxx and/or Union representative with the Union in appropriate cases or the employee. It is the joint responsibility Production Manger of the Store Director and division in which the grieving Party to attempt to solve grievance occurred. A decision will be rendered in writing by the problem or problems as quickly as Production Manager within a period of 5 days.
Step 2 If no satisfactory solution is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term reached at step 1 of this Agreementprocedure, need not the grievance may be considered unless notification in writing is served discussed by the Union upon the Employer within fourteen (14) calendar days Grievance Committee of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt representatives of the Employer designated for this purpose within a period of not more that five (5) working days following a decision at step 1 of this procedure. A decision will be furnished in writing by the Human Resources Manager to resolve the issuePresident /Unit Chairperson of the Union not later than five (5) working days following the commencement of the discussion in step 2.
C. Step 3 If no satisfactory solution is reached at Step 2 of this procedure the Parties are unable to resolve the dispute, the Union grievance may request that the dispute be arbitrated if such request is received discussed by the Employer Grievance Committee of the union and a representative of the International Union and representatives of the employer designated for this purpose within a period of not more than five (5) working days after the receipt by the close of business (5:00 p.m.) within thirty (30) calendar days union of the date decision in Step 2. The Company undertakes to reply, in writing to the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator local union within five (5) calendar daysworking days following a step 3 grievance meeting as outlined in the Collective Labour Agreement. The date of receipt of such letter will constitute the completion of discussions at the Step 3 meeting.
Step 4 If a grievance has not been settled at Step 3 and if the grievance is one, which concerns the Federal Mediation and Conciliation Service application, administration, interpretation of alleged violation of the Agreement, it may be referred to an arbitrator by either party. Notice in writing of such reference to an arbitrator must be given to the other party within thirty- five (35) working days of the completion of discussion in Step 3. Failing such notice the grievance will be deemed to have been abandoned unless the parties have agreed to the contrary.
10.04 The aggrieved employees shall be asked at liberty, and may be required by either party, to appear in person at any step of the Union procedure set forth above.
10.05 Whichever party requests arbitration as referred to provide each Party with in Step 4, shall specify a list of fifteen (15) arbitratorsnames of persons it is willing to accept as the single arbitrator. If the party receiving notice accepts one of the persons suggested it shall within 7 days notify the other party accordingly and the grievance shall be submitted to the arbitrator. If the party does not accept any of the names suggested it shall within 7 days notify the other party accordingly and send a list of names of persons it is willing to accept as the single arbitrator. If the parties are unable to agree on a person to act as the single arbitrator, either party may request the Director of the Ministry of Labour in writing appoint a single arbitrator.
10.06 The arbitrator shall meet promptly to hear and consider the grievance with all reasonable dispatch. The selection decision of the arbitrator shall be by each Party alternately striking off a name from made in accordance with the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify provisions of this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision , shall be final and binding on both Parties provided it does not exceed the limits found herein employer, the union, and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionemployee or employees concerned.
G. The Arbitrator’s fee and all incidental expenses 10.07 Each of the arbitration shall be borne equally by parties will jointly bear the Parties heretoexpense of the arbitrator.
17.2 10.08 The arbitrator shall not have any power to alter or change any of the provisions of this Collective Labour Agreement, or to substitute any new provision for any existing provision, or to give any decision inconsistent with the term s and provisions of this Collective Agreement.
10.09 Any or all of the time limits set forth above may be extended by mutual agreement and all matters of controversy, any such agreement will be put in writing.
10.10 Any dispute or disagreement of any kind or character existing between the Parties employer and arising out of or in any way involving the union as to the interpretation or application of the terms of this Collective Agreement and any allegation by either party that the other has violated any term of this Collective Agreement shall be settled and resolved deemed to be a grievance when notice in writing thereof has been delivered by the party considering itself aggrieved, to the other party. Such grievance shall be presented at Step 2 of the grievance and arbitration procedures and in the manner as set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrableArticle.
Appears in 1 contract
Samples: Collective Labour Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 26.01 A difference may refer to a policy grievance between the Employer or Union or a grievance between the Employer and its Employees. A policy grievance shall be presented defined as an obligation that is alleged to arise out of the Collective Agreement and shall be adjusted as specified herein. Should any difference arise between the Employer and any of its Employees as to the Store Director by the grieving partyinterpretation, either the Union in appropriate cases application, administration, or the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a alleged violation of an express written term of this Agreement, need not be considered unless notification the aggrieved Employee shall submit their grievance in writing is served by to the Union upon and to the Employer Employer’s representative on the job, within fourteen five (145) calendar working days of the occurrence giving rise to the grievance. The Employee may request assistance of the job xxxxxxx and/or business representative of the Union in submitting the grievance.
B. When such notification is served26.02 Pre-Arbitration Process
(a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the Employergrievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration.
(b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served.
(c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or his representativespokesman for the Union, or for the subject Registered Employers’ Organization shall meet the Union and attempt to resolve the issuebe appointed.
C. If (d) The Joint Grievance Panel shall hold a hearing into the Parties are unable to resolve matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being
(e) Each of the disputeparties shall advise the other, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar five days of receipt of the date recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the Union receives the Employer’s final answerrecommendation.
D. (f) In the event the Parties are unable parties to agree upon the selection grievance accept the recommendation of an arbitrator within five (5) calendar daysthe JGP, the Federal Mediation grievance shall accordingly be resolved, and Conciliation Service the parties shall be asked by implement the Union to provide each Party with a list of fifteen recommendation within ten days (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add toexcluding Saturdays, subtract fromSundays, amendand Statutory Holidays), change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving event in accordance with such other implementation schedule as may be included in the interpretation or application JGP recommendations.
(g) In the event either Party determines that it is not prepared to accept the recommendation of the terms JGP, either Party may then refer the matter to Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of this Agreement receipt of the JGP recommendations.
(h) No lawyers shall be settled and resolved by the procedures and permitted to participate in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.JGP proceedings
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employee. (a) It is the joint 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, or any other right provided for in this Collective Agreement.
(b) The parties recognize the importance of the Store Director confidentiality and the grieving Party agree that all grievances will be discussed, disseminated, or otherwise shared by each of them on a need to attempt to solve the problem or problems know basis as determined by each of them at their discretion.
(c) To ensure that complaints of employees are remedied as quickly as is possible, the parties agree that the procedure for submitting and dealing with grievances, which shall be defined as any
(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 the Chair (or the Chair’s equivalent or designate) of the Department in which the employee works within 15 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 equivalent or designate will deliver their decision in writing within 15 business days following the day on which the grievance was submitted to them. Failing to solve said problem or problems shall result in the following stepssettlement at this Step, then:
A. A (ii) Step 2: Within 15 business days following a decision under Step 1, the Union/grievor(s) may present the written grievance to the Xxxx of the Faculty (or their designate) in which the grievor is employed, or Vice- Xxxxxxx (Teaching and Learning), (or their designate) if the academic unit is not administered by a particular Faculty. The Xxxx or Vice- Xxxxxxx (Teaching and Learning), (or their designate) will hold a meeting with the grievor(s), the Xxxxxxx or Union Representative who signed the grievance and, at the Xxxx’x or Vice- Xxxxxxx’x (Teaching and Learning), (or their designate’s) discretion, an E/LR Representative to discuss the grievance. The Xxxx or Vice-Xxxxxxx (Teaching and Learning), (or their designate) will give their written decision within 15 business days after the date on which the grievance was submitted to 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 designate’s discretion, an E/LR Representative, to discuss the grievance. The Step 3 reply is defined as a violation of an express written term of this Agreement, need not be considered unless notification required in writing is served by within 15 business days after the Union upon date on which the Employer grievance was submitted to them. Failing a satisfactory settlement at this Step, the grievance may be referred to arbitration within fourteen (14) calendar 15 business days of after the occurrence giving rise date on which the reply to the grievanceStep 3 was given.
B. When such notification (d) Where the Employment Supervisor is served, the Employer, a Department Chair or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the disputeFaculty Xxxx, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days advance to either Step 2 or Step 3 of the date Grievance Procedure, as the Union receives the Employer’s final answercase may be.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under For the purposes of this contract should Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays.
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 presented involved in a grievance. The grievance and arbitration procedure shall not be used to the Store Director by the grieving partychange, either the Union in appropriate cases or the employee. It is the joint responsibility but to clarify provisions of the Store Director Personnel Code, municipal ordinances, Department rules and regulations, and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet contract between the Union and attempt to resolve the issueCity.
C. If the Parties are unable Section 2. A grievance is hereby jointly defined to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator within five (5) calendar days, the Federal Mediation and Conciliation Service shall be asked by the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving concerning the interpretation or application of the terms specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees."
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought.
Section 4. Grievances shall be settled and resolved processed in the following manner:
Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee must submit a written request (which may be accomplished by the procedures and employee sending an e-mail via the Department’s e- mail) to the Department Head for a meeting to discuss the grievance. The Department Head or the Department Head’s designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the employee's actual letter requesting a review as described in this step. The City will not sustain a grievance prosecuted by an individual employee who has not requested the Union to pursue the grievance or participate in the manner set forth in this Section 17. If a question of grievance, without consulting with the arbitrability of an issue is raised by either PartyUnion, such question shall be determined in the first instance by the arbitrator or board. Neither Party and any remedy granted to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.said
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should 6.01 No complaint or grievance shall receive consideration when the alleged circumstance occurred more than seven (7) days from its first presentation to the immediate Supervisor. A grievance is defined as either (1) an individual grievance affecting one person or (2) a group grievance affecting more than one person or (3) a policy grievance filed by the Union or the Company. When a grievance is at any step of the grievance procedure, all similar grievances filed will be held in abeyance pending resolution or determination of the first grievance.
STEP 1 The aggrieved employee with his Xxxxxxx may take the matter to his immediate Supervisor, who shall render a decision to the grievor and the Xxxxxxx within three (3) days of receiving the complaint, excluding Saturdays, Sundays or Statutory holidays.
STEP 2 If settlement is not then reached, the Xxxxxxx and the aggrieved employee shall, within three (3) days of receipt of decision in Step No. 1, excluding Saturdays, Sundays, or Statutory holidays, present the matter to the Superintendent in writing indicating the article(s) that allegedly have been violated and signed by the employee. On forms made out in duplicate, of which one copy is presented to the Store Director by Company and one to the grieving party, either Union. A decision shall be rendered in writing to the Union in appropriate cases Committee within three (3) days, excluding Saturdays, Sundays or Statutory holidays.
STEP 3 If a satisfactory settlement is not then reached, the employeematter shall be referred to the Union who shall, within three (3) days of receipt of decision of Step No. It is 2, excluding Saturdays, Sundays or Statutory holidays, take the joint responsibility matter up with the Manager at a meeting arranged mutually between the Union grievance committee and the Company. At this meeting, a representative of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possibleInternational Union may be present. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of At this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is servedmeeting, the Employer, or his representative, shall meet the Union Company and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request have equal number of representatives. A decision shall be rendered within three (3) days, excluding Saturdays, Sundays or Statutory holidays.
STEP 4 If a satisfactory settlement of the grievance is not then reached, it may be dealt with by arbitration as hereinafter provided and provided that the dispute be arbitrated if such request is received by Union or the Employer by the close of business (5:00 p.m.) Company applies for arbitration within thirty (30) calendar 10 working days of the date of the response provided at Step 3. Should the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator or Company not file for arbitration within five (5) calendar 10 working days, the Federal Mediation grievance will be considered settled or abandoned.
6.02 The Union or Company may file a policy grievance, such grievance will be entered by a member of the Grievance Committee or by representation from the Management of the Company, at Step No. 3 of the grievance procedure and Conciliation Service shall be asked dealt with in accordance with this and further steps in grievance procedure and/or arbitration.
6.03 Time limits referred to in this article may be extended by mutual agreement of the parties. Where a grievance has not been pursued within the time limits, it will be considered settled or abandoned.
6.04 The Company agrees to permit local Union Officers and/or International Representatives to visit all locations covered by this Agreement for the purpose of investigating complaints of employees or alleged violations of the Collective Agreement. Authorization to visit these locations shall be obtained from Management and such authorization shall not be unreasonably withheld. Local Union Officers shall make these visits and their investigations in such a way as not to disrupt the normal operation schedule and shall be on the Union to provide each Party with a list of fifteen (15) arbitrators. The selection of the arbitrator shall be by each Party alternately striking off a name from the list until one remainsLocal Officers’ own time.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdiction.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented to the Store Director by the grieving party, either the Union in appropriate cases or the employeeSection 1. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term of this Agreement, need not be considered unless notification in writing is served by the Union upon the Employer within fourteen (14) calendar days of the occurrence giving rise to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days of the date the Union receives the Employer’s final answer.
D. In the event a dispute occurs due to a misunderstanding, misinterpretation and/or violation of this Agreement or any section thereof, (excluding Article XII regarding Delinquency) an xxxxxxx effort will be made to settle such dispute between the Parties are unable Contractor, and the Union. If the dispute cannot be resolved between the Employer and the Union, then the Labor Relations Director of AGC of Michigan, shall be notified of such difference of opinion or dispute. If the dispute cannot be resolved in seven (7) working days by this method, either party can then refer the matter to agree upon the selection Joint Grievance Committee as outlined hereafter.
Section 2. The Joint Grievance Committee shall be composed of an arbitrator four (4) members; two (2) from the AGC-LRD and two (2) from the Union. Following appointment said Grievance Committee shall meet, elect a Chairperson and a Secretary, (one (1) union, one (1) management), adopt rules of procedure which will bind the parties concerned, and proceed to consider any matters properly before it. The Joint Grievance Committee shall have the powers only to adjust disputes that may arise due to a misunderstanding, misinterpretation and/or violation of the Agreement or any section thereof. No Committee member shall be directly involved in the dispute to be resolved by said Committee.
Section 3. All complaints based on a misunderstanding, misinterpretation and/or violation of this Agreement or any section thereof shall be referred to the Joint Grievance Committee in writing, and said Committee shall meet within five (5) calendar daysworking days of receipt of said complaint to consider the same. If the Committee, within five (5) working days after such meeting, is unable to decide the Federal Mediation and Conciliation Service matter before it,
Section 4. No proceedings hereunder based on any dispute, complaint or grievance herein provided for shall be asked recognized, unless called to the attention of the Employer and the Union in writing within twelve (12) calendar days after alleged violation was committed.
Section 5. Pending final decision on any matter by the Union Joint Grievance Committee, no action will be taken by either party that will halt or interrupt the orderly conduct of the Employer’s business.
Section 6. It is mutually agreed that the provisions of this Article shall not apply if the dispute arises over failure or refusal of the Contractor to provide each Party with pay the wage rates, overtime, Health Care, Pension, Industry Advancement Fund, Carpenters’ Training Fund, and Vacation, provided, however, that any dispute involving a list particular Employee’s proper wage classification or eligibility to receive overtime pay shall be subject to the provisions of fifteen (15) arbitratorsthis Article.
Section 7. The selection time frame previously referenced may be waived in each instance by mutual consent of the arbitrator shall be by each Party alternately striking off a name from parties. Disputes resolved at any step of the list until one remains.
E. The Arbitrator shall have no power to add to, subtract from, amend, change or otherwise modify this Agreement. Nor shall the Arbitrator impose any limitation or obligation on either party not expressly found in this Agreement.
F. The Arbitrator’s decision shall be grievance procedure is final and binding on both Parties provided it does not exceed the limits found herein and neither Party has had the Arbitrator’s award vacated by a court of competent jurisdictionupon all parties.
G. The Arbitrator’s fee and all incidental expenses of the arbitration shall be borne equally by the Parties hereto.
17.2 Any and all matters of controversy, dispute or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If a question of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 17.1 Individual disputes arising under this contract should be presented 9.01 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 Store Director by presence of her employee representative. In the grieving partycase of suspension or discharge, either the Union in appropriate cases or Hospital shall notify the employee. It is the joint responsibility of the Store Director and the grieving Party to attempt to solve the problem or problems as quickly as is possible. Failing to solve said problem or problems shall result in the following steps:
A. A grievance, which is defined as a violation of an express written term employee of this Agreement, need right in advance.
9.02 A complaint shall not be considered as a grievance unless notification in writing is served by the Union upon aggrieved employee has first given an opportunity for her Supervisor to adjust the Employer within fourteen complaint. Such complaint shall not be considered after five (145) calendar working days of the occurrence giving rise origin of the complaint or from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the grievance.
B. When such notification is served, the Employer, or his representative, shall meet the Union and attempt to resolve the issue.
C. If the Parties are unable to resolve the dispute, the Union may request that the dispute be arbitrated if such request is received by the Employer by the close of business (5:00 p.m.) within thirty (30) calendar days attention of the date the Union receives the Employer’s final answer.
D. In the event the Parties are unable to agree upon the selection of an arbitrator employee so affected. Failing satisfactory resolve within five (5) calendar daysworking days after the complaint is made, the Federal Mediation and Conciliation Service matter may then be processed as a grievance.
9.03 A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of the Agreement. The grievance shall be asked signed by the employee and shall set out the nature of the grievance, the section or sections of the Collective Agreement allegedly violated, and the remedy sought. The following shall be, unless otherwise specified, the prescribed manner for handling a grievance: The employee with the assistance of a Union representative, if desired, may submit a written grievance signed by her to her Manager. Within five (5) days of receiving the grievance, the manager will meet with the grievor, and, if desired, her Union representative to endeavour to reach a satisfactory resolution to the grievance. Within five (5) days of the grievance meeting, the manager will provide a written decision. Failing settlement, then Step #2: Within five (5) days following the decision at Step #1, the employee, with the assistance of the grievance committee may submit the written grievance to the Manager, Labour and Employee Relations or designate. The Manager, Labour and Employee Relations or designate will, within ten (10) days from the date on which the written grievance was presented to him, convene a Step #2 meeting at a time and place suitable to both parties, so that he and the grievor's Division Head may hear the grievance. Within ten (10) days of the grievance meeting, the Manager, Labour and Employee Relations or designate will provide the Hospital's decision in writing. It is understood that both parties have the right to have the assistance of such counsel or representatives as they deem necessary at the Step #2 meeting.
9.04 A claim by an employee, who has completed her probationary period and who claims that she has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is officially lodged with the Hospital by the employee within three (3) working days after such employee has been so notified by the Hospital. Such special grievance shall commence at Step 2 of the Grievance Procedure, and may be settled by confirming the Hospital's action in discharging the employee, or by any other arrangement which is just and equitable in the opinion of the conferring parties or, if necessary, a Board of Arbitration. When an employee is discharged on hospital premises without notice, she shall have the right to request that her employee representative be notified of the discharge before leaving the premises.
9.05 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 under Step No. 2. Failing settlement under Step No. 2 within fifteen (15) days it may be submitted to arbitration in accordance with Article 9.10. However, it is expressly understood that the provisions of this paragraph may not be used by the Union to provide institute a complaint or grievance directly affecting an employee which such employee could herself institute and the regular Grievance Procedure shall not be thereby bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within ten (10) days after the circumstances giving rise to the complaint occurred or from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the attention of the Hospital or the Union.
9.06 Where two or more employees have identical grievances and each Party with employee would be entitled to grieve separately, they may present a list group grievance in writing identifying each employee who is grieving within (10) days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employees so affected. The grievance shall be originated at Step No. 1.
9.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation or alleged violation of this Agreement, such grievance may be submitted to arbitration as set forth in Article 9.10. If no written request for arbitration is received within fifteen (15) arbitratorsdays after the decision under Step No. 2 is given, it shall be deemed to have been settled and not eligible for arbitration.
9.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the grievor or the representatives of the Union will be final and binding upon the hospital and the Union and the employees.
9.09 No matter may be submitted to arbitration which has not been carried through all the requisite steps of the Grievance Procedure. Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party shall be entitled to submit the grievance to the next step of the Grievance Procedure.
9.10 If the Hospital or the Union requests that a grievance as above provided be submitted to Arbitration, it shall make such requests in writing addressed to the other party of this Agreement and at the same time appoint its nominee to the Board of Arbitration. Within ten (10) days thereafter, the other party shall appoint its nominee to the Board of Arbitration and notify the other party. The selection two nominees so appointed shall, within ten (10) days of the arbitrator appointment of the latter of them, attempt to settle by agreement the third person to be a member and Chairman of the Arbitration Board. If they are unable to agree on such a Chairman within the ten (10) day period, either Party may then request the Labour Relations Board for the Province of Ontario to appoint a Chairman. In the event of default by either party to appoint its representative to the Arbitration Board, the other party may apply to the Minister of Labour for the Province of Ontario who shall be by each Party alternately striking off a name from have the list until one remainspower to effect such appointment.
E. 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 Arbitration Board shall not have no power jurisdiction to amend or add toto any of the provisions of the Agreement, subtract fromor to substitute any new provisions in lieu thereof, amend, change or otherwise modify this Agreement. Nor shall nor to give any decision inconsistent with the Arbitrator impose any limitation or obligation on either party not expressly found in terms and provisions of this Agreement.
F. 9.13 Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fee and expenses, if any, of the Chairman of the Arbitration Board.
9.14 The Arbitrator’s decision time limits fixed in both the grievance and arbitration procedures may be extended by written consent of the parties to this Agreement.
9.15 Saturdays, Sundays and paid holidays as set out in Article 23.01 will not be counted in computing the time within which any action is to be taken or completed under the provisions of this Article.
9.16 The Hospital and the Union may, by written agreement, substitute a single arbitrator for a specific grievance or grievances, and the single arbitrator shall possess the same powers and be subject to the same limitations as a Board of Arbitration.
9.17 Any letter of suspension, documents leading to such suspension and subsequent documents of a disciplinary nature shall be final and binding maintained on both Parties provided it does not exceed the limits found herein and neither Party an employee's record until such employee has had the Arbitrator’s award vacated by established a court discipline-free period of competent jurisdiction.
G. The Arbitrator’s fee and eighteen (18) months after which all incidental expenses of the arbitration such documents shall be borne equally by the Parties hereto.
17.2 Any and all matters removed from her record. Where no suspension is a matter of controversyrecord, dispute any letters of discipline or disagreement of any kind or character existing between the Parties and arising out of or in any way involving the interpretation or application of the terms of this Agreement other sanction shall be settled and resolved by the procedures and in the manner set forth in this Section 17. If removed from her record after a question discipline-free period of the arbitrability of an issue is raised by either Party, such question shall be determined in the first instance by the arbitrator or board. Neither Party to this Agreement shall refuse to proceed to arbitration upon the grounds that the matter in question is not arbitrabletwelve (12) months.
Appears in 1 contract
Samples: Collective Agreement
