GRIEVANCE AND ARBITRATION PROCEDURES Definition of Grievance. 20.01 The grievance and arbitration provisions are designed to provide a formal mechanism for the resolution of disputes that arise between the parties during the term of the Collective Agreement. The grievance process is designed to allow for a timely and thorough investigation of disputes arising out of an alleged violation of the Collective Agreement or dismissal from the Public Service, with the possibility of final resolution through third party binding arbitration. The Employer and the Federation agree that a grievance may arise concerning: (1) The interpretation, application, operation, contravention or alleged contravention of a provision of the Collective Agreement; (2) The interpretation, application, operation, contravention or alleged contravention of an Act, Regulation, direction or other instrument made or issued by the Employer and dealing with terms and conditions of employment; (3) The imposition of discipline, for just cause, including, without limiting the generality of the foregoing, the disciplinary demotion or disciplinary suspension of an Employee or the withholding of an increment; (4) Dismissal from the Public Service. 20.02 Grievances arising out of the circumstances described in 20.01 which are not resolved during the grievance procedure described in 20.05, may be finally resolved as follows: (a) Grievances concerning 20.01(1), or 20.01(3) or 20.01(4) will be finally resolved by reference to arbitration in accordance with the procedure in 20.05; (b) Grievances concerning 20.01(2) will be finally resolved by reference to the Chairman of the Financial Management Board. 20.03 Before invoking the grievance procedure, Employees will make reasonable efforts to resolve the dispute with their immediate supervisors. Employees will send a copy of each grievance to the Federation and the Employer will send a copy of any replies to the Federation. Employees may present their grievances personally or through an agent. Notwithstanding the provisions of Article 2.01 (12), a substitute teacher has access to the grievance procedure with respect to matters arising while employed as a substitute teacher. 20.04 The Federation may invoke the grievance procedure at Step 3 if the Federation alleges that a grievance has arisen that is not one that may be the subject of a grievance by an Employee. 20.05 The grievance procedure will consist of the following steps: Step 1 The grievor, with the assistance of the Federation, will notify the Superintendent of Schools or the Executive Director, where the Executive Director is the immediate manager, of the nature of the complaint within twenty (20) working days of becoming aware of the incident giving rise to the complaint. The Superintendent of Schools, or the Executive Director as the case may be, will enter into discussions with the grievor and the Federation in an effort to resolve the complaint. If the complaint is not resolved within ten working days of receipt of the complaint, the grievor and the Federation may forward the grievance to Step 2. The grievor, with the assistance of the Federation, will notify the
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES
Definition of Grievance. 20.01 The grievance and arbitration provisions are designed to provide a formal mechanism for the resolution of disputes that arise between the parties during the term of the Collective Agreement. The grievance process is designed to allow for a timely and thorough investigation of disputes arising out of an alleged violation of the Collective Agreement or dismissal from the Public Service, with the possibility of final resolution through third party binding arbitration. The Employer and the Federation agree that a grievance may arise concerning:
(1) The the interpretation, application, operation, contravention or alleged contravention of a provision of the Collective Agreement;
(2) The the interpretation, application, operation, contravention or alleged contravention of an Act, Regulation, direction or other instrument made or issued by the Employer and dealing with terms and conditions of employment;
(3) The the imposition of discipline, for just cause, including, without limiting the generality of the foregoing, the disciplinary demotion or disciplinary suspension of an Employee or the withholding of an increment;
(4) Dismissal dismissal from the Public Service.
20.02 Grievances arising out of the circumstances described in 20.01 which are not resolved during the grievance procedure described in 20.05, may be finally resolved as follows:
(a) Grievances concerning 20.01(1), or 20.01(3) or 20.01(4) will be finally resolved by reference to arbitration in accordance with the procedure in 20.05;
(b) Grievances concerning 20.01(2) will be finally resolved by reference to the Chairman of Minister Responsible for the Financial Management BoardPublic Service Act.
20.03 Before invoking the grievance procedure, Employees will make reasonable efforts to resolve the dispute with their immediate supervisors. Employees will send a copy of each grievance to the Federation and the Employer will send a copy of any replies to the Federation. Employees may present their grievances personally or through an agent. Notwithstanding the provisions of Article 2.01 (1213), a substitute teacher has access to the grievance procedure with respect to matters arising while employed as a substitute teacher.
20.04 The Federation may invoke the grievance procedure at Step 3 2 if the Federation alleges that a grievance has arisen that is not one that may be the subject of a grievance by an Employee.
20.05 The grievance procedure will consist of the following steps: Step 1 The grievor, with the assistance of the Federation, will notify the Superintendent of Schools or the Executive Director, where the Executive Director is the immediate manager, of the nature of the complaint within twenty (20) working days of becoming aware of the incident giving rise to the complaint. The Superintendent of Schools, or the Executive Director as the case may be, will enter into discussions with the grievor and the Federation in an effort to resolve the complaint. If the complaint is not resolved within ten working days of receipt of the complaint, the grievor and the Federation may forward the grievance to Step 2. The grievor, with the assistance of the Federation, will notify theforty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES
Definition of Grievance. 20.01 The grievance and arbitration provisions are designed to provide a formal mechanism for the resolution of disputes that arise between the parties during the term of the Collective Agreement. The grievance process is designed to allow for a timely and thorough investigation of disputes arising out of an alleged violation of the Collective Agreement or dismissal from the Public Service, with the possibility of final resolution through third party binding arbitration. The Employer and the Federation Association agree that a grievance may arise concerning:
(1a) The interpretation, application, operation, contravention or alleged contravention of a provision of the Collective Agreement;
(2b) The interpretation, application, operation, contravention or alleged contravention of an Act, Regulation, direction or other instrument made or issued by the Employer and dealing with terms and conditions of employment;
(3c) The imposition of discipline, for just cause, including, without limiting the generality of the foregoing, the disciplinary demotion or disciplinary suspension of an Employee employee or the withholding of an increment;
(4d) Dismissal from the Public Service.
20.02 Grievances arising out of the circumstances described in 20.01 which are not resolved during the grievance procedure described in 20.05, may be finally resolved as follows:
(a) Grievances concerning 20.01(120.01(a), or 20.01(320.01(c) or 20.01(420.01(d) will be finally resolved by reference to arbitration in accordance with the procedure in 20.05;
(b) Grievances concerning 20.01(220.01(b) will be finally resolved by reference to the Chairman Minister of the Financial Management BoardHuman Resources or designate.
20.03 Before invoking the grievance procedure, Employees employees will make reasonable efforts to resolve the dispute with their immediate supervisors. Employees will send a copy of each grievance to the Federation Association and the Employer will send a copy of any replies to the FederationAssociation. Employees may present their grievances personally or through an agenta Designated Representative. Notwithstanding the provisions of Article 2.01 (122.01(14), a substitute teacher has access to the grievance procedure with respect to matters arising while employed as a substitute teacherprocedure.
20.04 The Federation Association may invoke the grievance procedure at Step 3 if the Federation Association alleges that a grievance has arisen that is not one that may be the subject of a grievance by an Employeeemployee.
20.05 The grievance procedure will consist of the following steps: Step 1 The grievor, with the assistance of the FederationAssociation, will notify the relevant Superintendent of Schools or the Executive Director, where the Executive Director is the immediate manager, of the nature of the complaint within twenty (20) 20 working days of becoming aware of the incident giving rise to the complaint. The Superintendent of Schools, or the Executive Director as the case may be, will enter into discussions with the grievor and the Federation Association in an effort to resolve the complaint. If the complaint is not resolved within ten 10 working days of receipt of the complaint, the grievor and the Federation Association may forward the grievance to Step 2. The grievor, with the assistance of the FederationAssociation, will notify thethe relevant Superintendent of the nature of the complaint in writing within 40 working days of becoming aware of the incident-giving rise to the complaint. A meeting between the grievor, the Association and the Superintendent may be held within 10 working days of receiving the written grievance, if additional information is required to resolve it. The parties will review the circumstance of the grievance in an attempt to resolve it. The Superintendent will provide to the grievor and the Association a written decision, with reasons, concerning the grievance within 10 working days of the meeting or 20 working days following receipt of the written grievance. The grievance must include a statement of the following:
(a) the name(s) of the aggrieved,
(b) the nature of the grievance and the circumstances out of which it arose,
(c) the remedy or correction the employer is requested to make, and
(d) the sections where the agreement is claimed to be violated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES
Definition of Grievance. 20.01 The grievance and arbitration provisions are designed to provide a formal mechanism for the resolution of disputes that arise between the parties during the term of the Collective Agreement. The grievance process is designed to allow for a timely and thorough investigation of disputes arising out of an alleged violation of the Collective Agreement or dismissal from the Public Service, with the possibility of final resolution through third party binding arbitration. The Employer and the Federation Association agree that a grievance may arise concerning:
(1a) The interpretation, application, operation, contravention or alleged contravention of a provision of the Collective Agreement;
(2b) The interpretation, application, operation, contravention or alleged contravention of an Act, Regulation, direction or other instrument made or issued by the Employer and dealing with terms and conditions of employment;
(3c) The imposition of discipline, for just cause, including, without limiting the generality of the foregoing, the disciplinary demotion or disciplinary suspension of an Employee employee or the withholding of an increment;
(4d) Dismissal from the Public Service.
20.02 Grievances arising out of the circumstances described in 20.01 which are not resolved during the grievance procedure described in 20.05, may be finally resolved as follows:
(a) Grievances concerning 20.01(120.01(a), or 20.01(320.01(c) or 20.01(420.01(d) will be finally resolved by reference to arbitration in accordance with the procedure in 20.05;
(b) Grievances concerning 20.01(220.01(b) will be finally resolved by reference to the Chairman Minister of the Financial Management BoardHuman Resources or designate.
20.03 Before invoking the grievance procedure, Employees employees will make reasonable efforts to resolve the dispute with their immediate supervisors. Employees will send a copy of each grievance to the Federation Association and the Employer will send a copy of any replies to the FederationAssociation. Employees may present their grievances personally or through an agenta Designated Representative. Notwithstanding the provisions of Article 2.01 (122.01(14), a substitute teacher has access to the grievance procedure with respect to matters arising while employed as a substitute teacherprocedure.
20.04 The Federation Association may invoke the grievance procedure at Step 3 if the Federation Association alleges that a grievance has arisen that is not one that may be the subject of a grievance by an Employeeemployee.
20.05 The grievance procedure will consist of the following steps: Step 1 The grievor, with the assistance of the FederationAssociation, will notify the relevant Superintendent of Schools or the Executive Director, where the Executive Director is the immediate manager, of the nature of the complaint within twenty (20) 20 working days of becoming aware of the incident giving rise to the complaint. The Superintendent of Schools, or the Executive Director as the case may be, will enter into discussions with the grievor and the Federation Association in an effort to resolve the complaint. If the complaint is not resolved within ten 10 working days of receipt of the complaint, the grievor and the Federation Association may forward the grievance to Step 2. The grievor, with the assistance of the FederationAssociation, will notify thethe relevant Superintendent of the nature of the complaint in writing within 40 working days of becoming aware of the incident-giving rise to the complaint. A meeting between the grievor, the Association and the Superintendent may be held within 10 working days of receiving the written grievance, if additional information is required to resolve it. The parties will review the circumstance of the grievance in an attempt to resolve it. The Superintendent will provide to the grievor and the Association a written decision, with reasons, concerning the grievance within 10 working days of the meeting or 20 working days following receipt of the written grievance. The grievance must include a statement of the following:
(a) the name(s) of the aggrieved,
(b) the nature of the grievance and the circumstances out of which it arose,
(c) the remedy or correction the employer is requested to make, and
(d) the sections where the agreement is claimed to be violated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES
Definition of Grievance. 20.01 The grievance and arbitration provisions are designed to provide a formal mechanism for the resolution of disputes that arise between the parties during the term of the Collective Agreement. The grievance process is designed to allow for a timely and thorough investigation of disputes arising out of an alleged violation of the Collective Agreement or dismissal from the Public Service, with the possibility of final resolution through third party binding arbitration. The Employer and the Federation Association agree that a grievance may arise concerning:
(1a) The interpretation, application, operation, contravention or alleged contravention of a provision of the Collective Agreement;
(2b) The interpretation, application, operation, contravention or alleged contravention of an Act, Regulation, direction or other instrument made or issued by the Employer and dealing with terms and conditions of employment;
(3c) The imposition of discipline, for just cause, including, without limiting the generality of the foregoing, the disciplinary demotion or disciplinary suspension of an Employee employee or the withholding of an increment;
(4d) Dismissal from the Public Service.
20.02 Grievances arising out of the circumstances described in 20.01 which are not resolved during the grievance procedure described in 20.05, may be finally resolved as follows:
(a) Grievances concerning 20.01(120.01(a), or 20.01(320.01(c) or 20.01(420.01(d) will be finally resolved by reference to arbitration in accordance with the procedure in 20.05;
(b) Grievances concerning 20.01(220.01(b) will be finally resolved by reference to the Chairman Minister of the Financial Management BoardHuman Resources or designate.
20.03 Before invoking the grievance procedure, Employees employees will make reasonable efforts to resolve the dispute with their immediate supervisors. Employees will send a copy of each grievance to the Federation Association and the Employer will send a copy of any replies to the FederationAssociation. Employees may present their grievances personally or through an agenta Designated Representative. Notwithstanding the provisions of Article 2.01 (122.01(14), a substitute teacher has access to the grievance procedure with respect to matters arising while employed as a substitute teacherprocedure.
20.04 The Federation Association may invoke the grievance procedure at Step 3 if the Federation Association alleges that a grievance has arisen that is not one that may be the subject of a grievance by an Employeeemployee.
20.05 The grievance procedure will consist of the following steps: Step 1 The grievor, with :
(a) the assistance name(s) of the Federation, will notify the Superintendent of Schools or the Executive Director, where the Executive Director is the immediate manager, of aggrieved,
(b) the nature of the complaint within twenty (20) working days of becoming aware of the incident giving rise to the complaint. The Superintendent of Schools, or the Executive Director as the case may be, will enter into discussions with the grievor grievance and the Federation in an effort circumstances out of which it arose,
(c) the remedy or correction the employer is requested to resolve make, and
(d) the complaint. If sections where the complaint agreement is not resolved within ten working days of receipt of the complaint, the grievor and the Federation may forward the grievance claimed to Step 2. The grievor, with the assistance of the Federation, will notify thebe violated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES
Definition of Grievance. 20.01 21.01 The grievance and arbitration provisions are designed to provide a formal mechanism for the resolution of disputes that arise between the parties during the term of the Collective Agreement. The grievance process is designed to allow for a timely and thorough investigation of disputes arising out of an alleged violation of the Collective Agreement or dismissal from the Public Service, with the possibility of final resolution through third party binding arbitration. The Employer and the Federation Association agree that a grievance may arise concerning:
(1a) The interpretation, application, operation, contravention or alleged contravention of a provision of the Collective Agreement;
(2b) The interpretation, applicationapplicati on, operation, contravention or alleged contravention of an Act, Regulation, direction or other instrument made or issued by the Employer and dealing with terms and conditions of employment;
(3c) The imposition of discipline, for just cause, including, without limiting the generality of the foregoing, the disciplinary demotion or disciplinary suspension of an Employee employee or the withholding of an increment;
(4d) Dismissal from the Public Service.
20.02 21.02 Grievances arising out of the circumstances described in 20.01 21.01 which are not resolved during the grievance procedure described in 20.0521.05, may be finally resolved as follows:
(a) Grievances concerning 20.01(121.01(a), or 20.01(321.01(c) or 20.01(421.01(d) will be finally resolved by reference to arbitration in accordance with the procedure in 20.0521.05;
(b) Grievances concerning 20.01(221.01(b) will be finally resolved by reference to the Chairman of the Financial Management Board.;
20.03 21.03 Before invoking the grievance procedure, Employees employees will make reasonable efforts to resolve the dispute with their immediate supervisors. Employees will send a copy of each grievance to the Federation Association and the Employer will send a copy of any replies to the FederationAssociation. Employees may present their grievances personally or through an agent. Notwithstanding the provisions of Article 2.01 (122.01(12), a substitute teacher has access to the grievance procedure with respect to matters arising while employed as a substitute teacherprocedure.
20.04 21.04 The Federation Association may invoke the grievance procedure at Step 3 if the Federation Association alleges that a grievance has arisen that is not one that may be the subject of a grievance by an Employeeemployee.
20.05 21.05 The grievance procedure will consist of the following steps: Step 1 The grievor, with the assistance of the FederationAssociation, will notify the Superintendent relevant Director of Schools or the Executive Director, where the Executive Director is the immediate manager, Education of the nature of the complaint within twenty (20) 20 working days of becoming aware of the incident giving rise to the complaint. The Superintendent Director of Schools, or the Executive Director as the case may be, Education will enter into discussions with the grievor and the Federation Association in an effort to resolve the complaint. If the complaint is not resolved within ten working days of receipt of the complaint, the grievor and the Federation Association may forward the grievance to Step 2. The grievor, with the assistance of the FederationAssociation, will notify thethe relevant Director of Education of the nature of the complaint in writing within 40 working days of becoming aware of the incident giving rise to the complaint. A meeting between the grievor, the Association and the Director of Education may be held within 10 working days of receiving the written grievance, if additional information is required to resolve it. The parties will review the circumstance of the grievance in an attempt to resolve it. The Director of Education will provide to the grievor and the Association a written decision, with reasons, concerning the grievance within ten working days of the meeting or 20 working days following receipt of the written grievance.
(a) the name(s) of the aggrieved,
(b) the nature of the grievance and the circumstances out of which it arose,
(c) the remedy or correction the employer is requested to make, and
(d) the sections where the agreement is claimed to be violated.
21.06 If a grievance has been presented at third level and is not resolved it may be referred to arbitration, if final level of the grievance is to arbitration.
21.07 The time limits for completion of each stage of the grievance and arbitration procedure may be extended by mutual agreement of the Association and the Employer or the employee and the Employer if the Grievor is an individual employee.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES
Definition of Grievance. 20.01 The grievance and arbitration provisions are designed to provide a formal mechanism for the resolution of disputes that arise between the parties during the term of the Collective Agreement. The grievance process is designed to allow for a timely and thorough investigation of disputes arising out of an alleged violation of the Collective Agreement or dismissal from the Public Service, with the possibility of final resolution through third party binding arbitration. The Employer and the Federation agree that a grievance may arise concerning:
(1) The interpretation, application, operation, contravention or alleged contravention of a provision of the Collective Agreement;
(2) The interpretation, application, operation, contravention or alleged contravention of an Act, Regulation, direction or other instrument made or issued by the Employer and dealing with terms and conditions of employment;
(3) The imposition of discipline, for just cause, including, without limiting the generality of the foregoing, the disciplinary demotion or disciplinary suspension of an Employee employee or the withholding of an increment;
(4) Dismissal from the Public Service.
20.02 Grievances arising out of the circumstances described in 20.01 which are not resolved during the grievance procedure described in 20.05, may be finally resolved as follows:
(a) Grievances concerning 20.01(1), or 20.01(3) or 20.01(4) will be finally resolved by reference to arbitration in accordance with the procedure in 20.05;
(b) Grievances concerning 20.01(2) will be finally resolved by reference to the Chairman of the Financial Management Board.
20.03 Before invoking the grievance procedure, Employees employees will make reasonable efforts to resolve the dispute with their immediate supervisors. Employees will send a copy of each grievance to the Federation and the Employer will send a copy of any replies to the Federation. Employees may present their grievances personally or through an agent. Notwithstanding the provisions of Article 2.01 (12), a substitute teacher has access to the grievance procedure with respect to matters arising while employed as a substitute teacher.
20.04 The Federation may invoke the grievance procedure at Step 3 if the Federation alleges that a grievance has arisen that is not one that may be the subject of a grievance by an Employee.employee. Grievance Procedure
20.05 The grievance procedure will consist of the following steps: Step 1 The grievor, with the assistance of the Federation, will notify the Superintendent of Schools or the Executive Director, where the Executive Director is the immediate manager, of the nature of the complaint within twenty (20) working days of becoming aware of the incident giving rise to the complaint. The Superintendent of Schools, or the Executive Director as the case may be, will enter into discussions with the grievor and the Federation in an effort to resolve the complaint. If the complaint is not resolved within ten working days of receipt of the complaint, the grievor and the Federation may forward the grievance to Step 2. The grievor, with the assistance of the Federation, will notify the1
Appears in 1 contract
Samples: Collective Agreement