GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance. 8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A. A grievance is defined as a claim reasonably and sensibly founded on dispute, claim, or complaint arising under this Agreement, filed by either an alleged violation authorized representative of or an employee in the Bargaining Unit, or the County, involving the interpretation or application of this Agreement. Any grievance filed All discipline shall refer be for just cause.
B. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits:
Step 1. The aggrieved employee shall be accorded fifteen (15) working days from the occurrence of the action or event or when the employee has knowledge or should have had knowledge of the action or the event giving rise to the specific provision complaint to seek resolution on an informal basis. The Employee must discuss his alleged grievance with the Airport Fire Chief and the Fire Rescue Division Director. If informal resolution is not accomplished, the employee, if a Union member, must present the proposed grievance in writing to have been violated and shall adequately set forth a Union officer on or before the facts pertaining to fifteenth (15th) working day for consideration by the alleged violationUnion Grievance committee. All grievances shall If, in the Committee's opinion, no reasonable grievance exists, no further action may be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievancetaken.
8.2: An employee having Step 2. If the Committee wishes to pursue the member's complaint, a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The written grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisorDirector of the Fire Rescue Division or his designee within twenty (20) working days from the occurrence of the action or event giving rise to the grievance or from the date on which the employee reasonably should have had knowledge of that occurrence. He/she shall have his/her xxxxxxx present. No settlement shall A written grievance must be final and binding until it has been approved presented on a grievance form provided by the Sheriff County in Appendix A. Upon receipt of a formal grievance or a class action submitted by the Union, the Fire Rescue Division Director or his designated representative. The employee designee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and investigate the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within conduct a meeting within five (5) working days with the aggrieved employee and any other persons possessing knowledge considered critical by the Director. The aggrieved employee may be accompanied at this meeting by a local Union representative. The Fire Rescue Division Director or his designee shall notify the grievant of his decision no later than five (5) working days following receipt the date of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievancemeeting.
Step 3. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2the second step, the decision rendered may be appealed to aggrieved employee shall present the Sheriff by giving the Sheriff written notice thereof grievance within five (5) working days following receipt of the Division Commander's written answer in Step 2. Upon appeal, 2 decision to the matter shall be recon- sidered at a meeting scheduled within ten (10) daysDepartment Head. The Union Department Head or his designee shall be represented at this meeting by investigate the xxxxxxx facts and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing may conduct a hearing within ten (10) days following such meeting.five
Appears in 3 contracts
Samples: Labor Contract, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: Section 1. A grievance is defined as a claim reasonably and sensibly founded on an alleged violation within the meaning of this Agreement. Any Agreement shall be any difference of opinion, controversy or dispute arising between the parties hereto relating to any matter of wages, hours and working conditions, or any dispute between the parties involving interpretation or application of any provisions of this Agreement and shall be processed in the following manner:
(a) An aggrieved employee must first present the grievance filed shall refer to the specific provision alleged to have been violated and Employer and/or the Union Xxxxxxx within two (2) working days after the grievance occurs.
(b) If the grievance is not settled in the first step within two (2) working days it shall adequately set forth be presented in writing through the facts pertaining Union, to the alleged violation. All grievances shall Employer, within five (5) working days thereafter.
(c) If no agreement can be commenced reached on the grievance within ten (10) working days following from the incident which caused the grievance. Any claims not conforming date it was first presented to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance Employer, either the Union or the Employer may request in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting writing that the grievance matter be adjusted. The supervisor shall meet with submitted to the employee to discuss the grievance and will attempt to respond to said grievance Board of Adjustment within three (3) working days thereafter. The Board of said meeting, but Adjustment shall be comprised of two (2) representatives of the Union to be selected by the Union and two (2) representatives of the Employer to be selected by the Employer involved in no event more than six the grievance. The Board of Adjustment shall render its decision within five (65) working days after submission.
(d) If the grievance has been presented Board of Adjustment is unable to the supervisor. He/she reach a decision in five (5) working days, they shall have his/her xxxxxxx present. No settlement endeavor to mutually select an impartial arbitrator to render a decision which shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor on all parties to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of Employer and the immediate supervisor received in Step 1 is Union cannot satisfactory agree upon an Arbitrator within the seventy-two (72) hours, a joint request will be made to the employee, the grievance shall be appealed within three (3) days Federal Mediation and Conciliation Service to forward a list of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt impartial arbitrators with each side having the privilege of scratching two (2). Decision of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting arbitrator is to be final and binding with the xxxxxxx expense of the arbitrator to be divided equally between the parties. Time limits set forth shall exclude Saturday, Sundays and Holidays. Time limits may be extended by mutual consent of the affected employee for the purpose of discussing the grievance. The Division Commander, parties.
(e) Nothing contained herein may be interpreted to permit or his/her representative, shall submit a written answer grant power to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2arbitrator to alter, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt amend, modify or otherwise change any terms or conditions of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingcollective bargaining agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her supervisor and the matter has not been resolved. Such complaint shall be discussed within seven (7) calendar days after the circumstances giving rise to it have occurred and failing resolution, it may be taken up as a grievance within seven (7) calendar days following her supervisor’s decision in the manner and sequence outlined below.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this AgreementCollective Agreement including any question as to whether a matter is arbitrable. Any grievance filed All grievances shall refer be in writing and contain a statement of facts giving rise to the specific provision alleged grievance, the redress sought, and indication of the article(s) of this Collective Agreement to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall must be commenced within ten filed no later than seven (107) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition supervisor’s decision as per Article
10.01 above.
10.03 The following shall be automatically defined as not constituting a valid grievance.
8.2: An the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the supervisor. He/she Program Director or designate who shall have his/give her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed decision within three seven (37) calendar days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2Step#1, the employee may submit the written grievance to the President/CEO or designate within seven (7) calendar days following the decision rendered in Step #1. A meeting will be held between the Employer and the grievance committee within fourteen (14) calendar days of the referral or such other time mutually agreed by the parties. It is agreed that a staff representative of the Union may be appealed present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be delivered in writing to the Sheriff by giving the Sheriff written notice thereof Bargaining Unit President within five seven (57) calendar days following receipt of the Division Commander's written answer in meeting. A copy of the Step 2. Upon appeal, 2 grievance reply will be provided to the matter Labour Relations Officer of the Association.
10.04 A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be recon- sidered at treated as a meeting scheduled within ten (10) days. The Union shall be represented at this meeting grievance if a written statement of such grievance is lodged by the xxxxxxx and employee with the business agent. The Employer shall be represented by at Step #2 within seven (7) calendar days after the Sheriff and/or other Employer representatives. The Sheriff shall reply to date the appeal in writing within ten (10) days following such meetingdischarge or suspension is imposed.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 3.1 A complaint or grievance is defined as a claim reasonably arising under the terms and sensibly founded on an alleged violation provisions of this Agreement. Any grievance filed shall refer , or any difference between the parties as to the specific provision alleged to have been violated interpretation and shall adequately set forth the facts pertaining to the alleged violation. All grievances application of this Agreement, shall be commenced settled in accordance with the following procedures:
a) The aggrieved employee will present his grievance to his supervisor in the presence of his union xxxxxxx. The employee shall have ten (10) working days from the day of incident (or the day he receives reasonable knowledge of the incident) to present his grievance. The supervisor will have five (5) working days to render a decision.
b) If agreement is not reached the union xxxxxxx and/or the Business Agent of the Union may present the grievance to Human Resources and/or the CEO. The grievance must be presented to Human Resources and/or the CEO within ten (10) working days following of the incident which caused supervisor’s decision. Human Resources and the grievance. Any claims not conforming CEO shall have five (5) working days to the provisions of this definition shall be automatically defined as not constituting render a valid grievancedecision.
8.2: An employee having c) If the grievance remains unsettled the Business Manager of the Union, who may be accompanied by a grievance in connection committee of employees of the Cooperative, shall endeavor to adjust disagreements with the terms Labor Relations Committee of this Agreement shall present it as followsthe Cooperative. Both parties A grievance hearing with the Labor Committee must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor requested within said ten (10) day periodworking days of Human Resources and CEO’s decision. In case of failure to then reach an agreement, requesting that the grievance matter shall be adjusted. The supervisor submitted to arbitration.
d) Notice of intent to arbitrate shall meet with be presented in writing by registered mail by the employee party desiring to discuss arbitrate to the grievance and will attempt to respond to said grievance other party within three thirty (330) days of said meeting, but the receipt of the decision in no event more than six step (6c).
e) Within ten (10) working days after the grievance has been presented Cooperative or the Union notifies the other of its desire to submit the supervisormatter to arbitration, an arbitrator shall be selected from a panel of arbitrators agreed to by both parties. He/she See Appendix B for procedures for selecting the panel.
f) The Arbitrator shall have his/her xxxxxxx presentno authority to change, alter, add or delete from the contract. No settlement The Arbitrator’s decision within the limits of his authority shall be final and binding until upon the parties.
g) The expense of the Arbitrator shall be born equally between the two parties.
h) Should an employee or his Union Representative fail to process a complaint at any stage within the time limits provided in this Article, the complaint will be treated as abandoned and no further action will be taken concerning it has been approved and the last decision made by the Sheriff or his designated representativeCooperative shall be final. The employee shall suffer no loss of pay for In the time spent with event a grievance is conceded in this fashion, it will not be used to establish a precedent.
i) Should the supervisor to discuss the grievance. The answer representative of the immediate supervisor may be given verbally. STEP 2 If Cooperative fail to process a complaint within the answer of the immediate supervisor received in Step 1 is not satisfactory to the employeeestablished time limits, the grievance shall will be appealed within three (3) days of receipt conceded in favor of the answer grievant. In the event a grievance is conceded in Step 1 by submitting this fashion, it will not be used to establish a precedent.
j) All steps in the grievance in writingprocedure and time limits specified herein may be waived, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commanderreduced, or his/her designated representativeextended by mutual consent of both parties. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievancewaiver, the Division Commanderreduction, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance extension in one case is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingprecedent.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 19.1 A complaint or grievance is defined as a claim reasonably arising under the terms and sensibly founded on an alleged violation provisions of this Agreement. Any grievance filed shall refer , or any difference between the parties as to the specific provision alleged to have been violated interpretation and shall adequately set forth the facts pertaining to the alleged violation. All grievances application of this Agreement, shall be commenced settled in accordance with the following procedures:
a) The aggrieved employee will present his grievance to his supervisor in the presence of his union xxxxxxx. The employee shall have ten (10) working days from the day of incident (or the day he receives reasonable knowledge of the incident) to present his grievance. The supervisor will have five (5) working days to render a decision.
b) If agreement is not reached the union xxxxxxx and/or the Business Agent of the Union may present the grievance to Human Resources and/or the CEO. The grievance must be presented to Human Resources and/or the CEO within ten (10) working days following of the incident which caused supervisor’s decision. Human Resources and the grievance. Any claims not conforming CEO shall have five (5) working days to the provisions of this definition shall be automatically defined as not constituting render a valid grievancedecision.
8.2: An employee having c) If the grievance remains unsettled the Business Manager of the Union, who may be accompanied by a grievance in connection committee of employees of the Cooperative, shall endeavor to adjust disagreements with the terms Labor Relations Committee of this Agreement shall present it as followsthe Cooperative. Both parties A grievance hearing with the Labor Committee must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor requested within said ten (10) day periodworking days of Human Resources and CEO’s decision. In case of failure to then reach an agreement, requesting that the grievance matter shall be adjusted. The supervisor submitted to arbitration.
d) Notice of intent to arbitrate shall meet with be presented in writing by registered mail by the employee party desiring to discuss arbitrate to the grievance and will attempt to respond to said grievance other party within three thirty (330) days of said meeting, but the receipt of the decision in no event more than six step (6c).
e) Within ten (10) working days after the grievance has been presented Cooperative or the Union notifies the other of its desire to submit the supervisormatter to arbitration, an arbitrator shall be selected from a panel of arbitrators agreed to by both parties. He/she See Appendix A for procedures for selecting the panel.
f) The Arbitrator shall have his/her xxxxxxx presentno authority to change, alter, add or delete from the contract. No settlement The Arbitrator’s decision within the limits of his authority shall be final and binding until upon the parties.
g) The expense of the Arbitrator shall be born equally between the two parties.
h) Should an employee or his Union Representative fail to process a complaint at any stage within the time limits provided in this Article, the complaint will be treated as abandoned and no further action will be taken concerning it has been approved and the last decision made by the Sheriff or his designated representativeCooperative shall be final. The employee shall suffer no loss of pay for In the time spent with event a grievance is conceded in this fashion, it will not be used to establish a precedent.
i) Should the supervisor to discuss the grievance. The answer representative of the immediate supervisor may be given verbally. STEP 2 If Cooperative fail to process a complaint within the answer of the immediate supervisor received in Step 1 is not satisfactory to the employeeestablished time limits, the grievance shall will be appealed within three (3) days of receipt conceded in favor of the answer grievant. In the event a grievance is conceded in Step 1 by submitting this fashion, it will not be used to establish a precedent.
j) All steps in the grievance in writingprocedure and time limits specified herein may be waived, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commanderreduced, or his/her designated representativeextended by mutual consent of both parties. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievancewaiver, the Division Commanderreduction, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance extension in one case is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingprecedent.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1:
7.01 A grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration, or alleged violation of this Agreement. Any Agreement including any question as to whether it is a matter for arbitration.
7.02 At the time formal discipline is imposed or at any stage of the grievance filed procedure, including the complaint stage, an employee has the right to have a xxxxxxx present.
7.03 It is the mutual desire of the parties to this agreement that differences shall refer be resolved as quickly as possible and it is understood that an employee has no grievance until the employee has first submitted the complaint to the specific provision xxxxxxx and said xxxxxxx considers the complaint to be justified and until the employee has given their immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. After the discussion, the supervisor shall confirm the response in writing.
Step 1 Failing settlement at the complaint stage, the Employee may submit a formal grievance, in writing signed by both the griever and the Union xxxxxxx to the employee’s Manager stating the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to have been violated and shall adequately set forth within five working days following the facts pertaining supervisor’s written response to the alleged violationcomplaint. All grievances The supervisor shall give a decision within five (5) working days of receipt of the grievance.
Step 2 The employee shall submit the grievance in writing dated and signed to the Executive Director within five (5) working days following the decision at Step 1. A meeting will then be held between the Executive Director and the Employee(s), the Grievance Committee and the Union’s National Representative at a time mutually agreeable to VON Toronto-York Region Branch and the Union. The decision of the Executive Director shall be commenced given in writing to the employee(s) within ten (10) working days following the incident which caused meeting. Should the grievance. Any claims not conforming Executive Director fail to render a decision or the decision is unsatisfactory to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with employee(s) or the terms of this Agreement shall present Union, it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory referred to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingarbitration.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably 6.1 If any difference arises between TTR and sensibly founded on an alleged violation the Union concerning the meaning, interpretation or application of this Agreement. Any grievance filed shall refer , except any matter arising out of or related to the specific provision alleged discharge of an employee pursuant to have been violated and Article 5.3 or 12 of this Agreement, it shall adequately set forth be disposed of in the facts pertaining following manner:
Step 1: The employee or the Union shall present a written grievance to the alleged violation. All grievances shall be commenced Operations Manager of TTR or his designee within ten fifteen (1015) business days following of the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusteddispute. The supervisor appeal shall meet with include a written statement outlining all pertinent details and the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days date of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer Operations Manager of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received TTR or his designee shall respond in Step 1 is not satisfactory to the employee, the grievance shall be appealed writing within three fifteen (315) business days of receipt of the answer grievance, providing a decision with reasons.
Step 2: A grievance not resolved in Step 1 may be progressed by submitting the grievance employee's representative to the Director of Operations TTR in writing within twenty-five (25) business days of receipt by the employee of the written decision, requesting a review of the decision. Within twenty-five (25) business days of receipt of the request for review, the Director of Operations shall render a final decision in writing, specifying with reasons.
6.2 The settlement of a grievance shall not under any circumstances involve retroactive pay beyond thirty (30) calendar days prior to the provisions date the grievance was scheduled at Step 1 of this Article unless the Union provides reasonable extenuating circumstances to extend the period of retroactive pay.
6.3 Any grievance not advanced by the employee or his designated Union representative within the prescribed time limits shall be deemed abandoned. Any grievance abandoned by the Union will not be considered as a precedent or waiver of the contract allegedly violated contentions of the Union as to similar cases. When the appropriate officer of TTR does not render a decision within the prescribed time limits, the grievance will, without prejudice or precedent, be considered surrendered by TTR and such grievance will be considered resolved on the basis of the Union's position.
6.4 The parties may agree to submit the matter to mediation by the Director of Operations and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy representative of the grievance shall be sent Union prior to submitting the Labor Relations Manager matter to arbitration. Such a submission must take place within fifteen (15) days of the County. Within five (5) days following receipt of the written grievance, decision of the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx Director of Operations and the affected employee mediation must take place with thirty (30) days of the receipt of the request for mediation. Article
6.4 is amended by Appendix (D).
(a) If a grievance has been processed in the purpose manner and through each of discussing the grievancesteps outlined in Article 6.1 or an appeal against the discipline imposed has been processed in the manner and through each of the steps outlined in Article 12, and still has not been settled or disposed of, it may be referred to arbitration by TTR or the Union for final and binding settlement without a work stoppage. The Division Commanderparty making the referral shall do so within forty- five (45) days of the receipt of the Director of Operations decision unless one of the parties has referred the matter to mediation pursuant to Article 6.4 above in which case the party making the referral shall do so within forty-five (45) days of the receipt of the decision of the mediator.
(b) The referring party shall refer the grievance to a mutually acceptable arbitrator. The Union and TTR shall mutually share the cost of the arbitrator.
(c) The parties shall contact the arbitrator to set the hearing date. Prior to the hearing, or his/her representative, TTR and the Union shall submit a written answer joint submission of the issues containing a statement of the claim, a statement of the facts, and a statement of the respective positions of the parties. If the parties cannot agree on the contents of the joint submission, each party may submit its separate statement of position.
(d) At the hearing, the parties may each present their case verbally or in writing to the affected employee arbitrator. The arbitrator shall consider only the dispute or question presented to him in the notice and the xxxxxxx within ten (10) days following such meetingdecision shall be limited to the dispute or question outlined in the request for arbitration. STEP 3 If The decision shall not add to, subtract from, modify or disregard any provision of this Agreement. The arbitrator's decision shall be final and binding.
6.6 Notwithstanding the grievance procedure set forth above, when there is a question regarding time to be paid, any portion of the time not satisfactorily resolved at Step 2, in dispute will be paid and TTR will notify the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof employee within five fifteen (515) business days following of its receipt of the Division Commander's written answer time claim whether it is allowing or disallowing the claim. If TTR disallows the claim, it must state its reasons for doing so in Step 2writing. Upon appealAny claim not responded to by TTR within fifteen (15) business days of its receipt shall, the matter without
6.7 No employee shall be recon- sidered at a meeting scheduled within ten (10) days. The discriminated against or disciplined for lawful Union shall activities or for reporting an alleged violation of any provision of this Agreement to the Union.
6.8 All time limits provided for in this Article may be represented at this meeting extended by the xxxxxxx and mutual agreement of the business agentparties. The Employer Such agreement shall not be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingunreasonably withheld.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
8.02 At any stage of the grievance procedure, which includes the complaint stage, investigation meets and the meeting where formal discipline is defined imposed, an employee is entitled to be represented by her or his union representative or delegate and/or at the option of the union, the ONA Labour Relations Officer. If a Union Representative is not available, ONA shall appoint a designate as representative. In the case of suspension or discharge, the Home shall notify the employee of this right in advance. The Home also agrees, as a claim reasonably good labour relations practice, it will also notify the Union. The Home agrees that where an employee is required to attend a meeting with the Home that may lead to disciplinary action, as a good labour relations practice, it will inform the employee of the purpose of the meeting.
8.03 Should any dispute arise between the Employer and sensibly founded on an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances , an xxxxxxx effort shall be commenced made to settle such differences within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may occurrence. If further action is to be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employeetaken, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx then within ten (10) days following such meeting. STEP 3 If of the grievance is not satisfactorily resolved at Step 2discussion, the decision rendered employee, who may be appealed request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Sheriff by giving Administrator or designate. A meeting will be held between the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled parties within ten (10) days. The Union Administrator shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing give a written decision within ten (10) days following such meeting.of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer Collective Agreement including any question as to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationwhether a matter is arbitrable. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement and must be filed within ten (10) days following after the incident which caused the grievance. Any claims not conforming circumstance giving rise to the provisions grievance occurred or ought reasonably to have come to the attention of this definition the grievor.
10.03 The following shall be automatically defined as not constituting a valid grievance.
8.2: An the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree writing to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor who shall give her decision in writing within said ten five (105) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) working days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the decision rendered employee may be appealed submit the written grievance to the Sheriff by giving the Sheriff written notice thereof Executive Director or her designate within five (5) days following receipt of the Division Commander's written answer decision in Step 2#1. Upon appeal, A meeting will be held between the matter shall be recon- sidered at a meeting scheduled Employer and the grievance committee within ten (10) daysdays of the referral. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Union shall Employer’s decision will be represented at this meeting by delivered within five (5) days of the xxxxxxx and the business agentmeeting. The Employer shall An employee is entitled to be represented by a union representative or another available bargaining unit member of the Sheriff and/or employee’s choice. In the case of a written warning, suspension or discharge, the Employer shall notify the employee of this right in advance.
10.04 A claim by an employee, except a probationary employee, 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 employee with the Employer at Step #2 within five (5) days after the date the discharge or suspension is imposed A claim by an employee, except a probationary employee, that she has been unjustly disciplined (other Employer representativesthan discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.02 and 10.03.
10.05 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 fourteen (14) calendar days after the circumstances giving rise to the grievance having occurred or ought to have come to the attention of the nurse(s). The Sheriff grievance shall reply then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the appeal processing of such grievance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing at Step #2 within ten (10) days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such meetingnurse(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 PROCEDURES. 8.1: 8.01 Any nurse(s) or the Association making a complaint and/or grievances shall have the right of Union representation at any or all steps of the grievance procedure. The Employer shall inform the nurse(s) of this right.
8.02 It is the mutual desire of the parties that grievances shall be adjusted as quickly as possible. It is understood that a nurse(s) has no grievance until he or she has first [1st] given his or her immediate manager an opportunity to adjust the complaint. Any complaint shall be discussed with the manager concerned within five (5) working days after the circumstances giving rise to the complaint became known to the nurse, or ought to have become known to the nurse. If the manager is unable to adjust the complaint to the nurse's satisfaction within five (5) working days, the nurse may proceed with the grievance procedure at Step 1.
8.03 A grievance is defined as a claim reasonably and sensibly founded on an complaint relating to the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10taken up in the following manner: Any nurse(s) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with must submit the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the written grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative form to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof manager within five (5) working days of the manager’s response to the nurse's verbal complaint. The grievance shall identify the nature of the grievance, the relevant articles of the Agreement and the remedy requested. His/her manager shall reply in writing to the nurse within five (5) working days from the date the complaint or grievance was brought to his/her attention. If further action is to be taken, then within five (5) working days after the decision is rendered in Step #1, the nurse shall submit the grievance to the Administrator. A meeting will then be held between the Administrator and the nurse(s), the Grievance Committee and the Labour Relations Officer at a time mutually agreeable to the Employer and the Association. The decision of the Administrator shall be given in writing to the nurse(s) within five (5) working days following receipt the meeting. Should the Administrator fail to render a decision or the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to Arbitration.
8.04 Should the Employer discharge, suspend or discipline any nurse(s), notification by the Employer to such nurse(s) shall be made in the presence of a Nurse Representative, unless such representation is specifically waived by the nurse. The nurse(s) and the Nurse Representative shall be provided with written reasons for the discharge, suspension or discipline. Should the nurse(s) wish to file a grievance against a suspension or discharge, it shall be reduced to writing and filed under Step #2 of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingGrievance Procedure.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 8.01 Any Employee making a complaint and/or grievance is entitled to be represented by an Employee Representative from the bargaining unit at any time and all steps of the grievance procedure.
8.02 For the purposes of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, administration or alleged violation of this Agreementthe Agreement including any questions as to whether a matter is arbitrable.
8.03 It is the intent of the parties that complaints of Employees shall be adjusted as quickly as possible and it is understood that an Employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting the complaint. Any grievance filed Such complaint shall refer be discussed with the immediate supervisor within ten (10)) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the specific provision alleged to have been violated and shall adequately set forth attention of the facts pertaining to the alleged violationEmployee. All grievances shall be commenced If there is no settlement within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition working days, it shall then be automatically defined taken up as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) working days in the following such meetingmanner and sequence. STEP 3 If Any Employee having a grievance shall have the grievance is not satisfactorily resolved at Step 2right, the decision rendered may be appealed if she so requests, to refer it in writing to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt Director of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled Nursing within ten (10) daysworking days of becoming aware of the circumstances leading to the grievance. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff Director of Nursing shall reply in writing to the appeal in writing Employee within ten (10) working days from the date the grievance was brought to her attention. If further action is to be taken, then within ten (10) working days after the decision is given in Step # 1, the Employee shall submit the grievance in writing dated and signed to the Administrator. A meeting may then be held between the Administrator, the Director of Nursing, and the Employee(s), and the Grievance Committee and the Labour Relations Officer at a time mutually agreeable to the Employer and the Union. The decision of the Administrator shall be given in writing to the Employee(s) within ten (10) working days following the meeting. The Employer also agrees to send a copy of the Administrator's decision to the Union's Labour Relations Officer within ten (10) working days following the meeting. Should the Administrator fail to render a decision or the decision is unsatisfactory to the Employee(s) or the Union, it may be referred to arbitration.
8.04 Should the Employer discharge, suspend or discipline any Employee(s), notification by the Employer to such meetingEmployee(s) shall be made in the presence of an Employee Representative. The Employee(s) and the Union shall be provided with written reasons for a discharge, suspension or discipline. Should the Employee(s) or the Union wish to file a grievance against this action it shall be in writing and filed within ten (10) working days under Step # 2 of the grievance procedure.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 18.1 A complaint or grievance is defined as a claim reasonably arising under the terms and sensibly founded on an alleged violation provisions of this Agreement. Any grievance filed shall refer , or any difference between the parties as to the specific provision alleged to have been violated interpretation and shall adequately set forth the facts pertaining to the alleged violation. All grievances application of this Agreement, shall be commenced settled in accordance with the following procedures:
a) The aggrieved employee will present his grievance to his supervisor in the presence of his union xxxxxxx. The employee shall have ten (10) working days from the day of incident (or the day he receives reasonable knowledge of the incident) to present his grievance. The supervisor will have five (5) working days to render a decision.
b) If agreement is not reached the union xxxxxxx and/or the Business Agent of the Union may present the grievance to Human Resources and/or the CEO. The grievance must be presented to Human Resources and/or the CEO within ten (10) working days following of the incident which caused supervisor’s decision. Human Resources and the grievance. Any claims not conforming CEO shall have five (5) working days to the provisions of this definition shall be automatically defined as not constituting render a valid grievancedecision.
8.2: An employee having c) If the grievance remains unsettled the Business Manager of the Union, who may be accompanied by a grievance in connection committee of employees of the Cooperative, shall endeavor to adjust disagreements with the terms Labor Relations Committee of this Agreement shall present it as followsthe Cooperative. Both parties A grievance hearing with the Labor Committee must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor requested within said ten (10) day periodworking days of Human Resources and CEO’s decision. In case of failure to then reach an agreement, requesting that the grievance matter shall be adjusted. The supervisor submitted to arbitration.
d) Notice of intent to arbitrate shall meet with be presented in writing by registered mail by the employee party desiring to discuss arbitrate to the grievance and will attempt to respond to said grievance other party within three thirty (330) days of said meeting, but the receipt of the decision in no event more than six step (6c).
e) Within ten (10) working days after the grievance has been presented Cooperative or the Union notifies the other of its desire to submit the supervisormatter to arbitration, an arbitrator shall be selected from a panel of arbitrators agreed to by both parties. He/she See Appendix A for procedures for selecting the panel.
f) The Arbitrator shall have his/her xxxxxxx presentno authority to change, alter, add or delete from the contract. No settlement The Arbitrator’s decision within the limits of his authority shall be final and binding until upon the parties.
g) The expense of the Arbitrator shall be born equally between the two parties.
h) Should an employee or his Union Representative fail to process a complaint at any stage within the time limits provided in this Article, the complaint will be treated as abandoned and no further action will be taken concerning it has been approved and the last decision made by the Sheriff or his designated representativeCooperative shall be final. The employee shall suffer no loss of pay for In the time spent with event a grievance is conceded in this fashion, it will not be used to establish a precedent.
i) Should the supervisor to discuss the grievance. The answer representative of the immediate supervisor may be given verbally. STEP 2 If Cooperative fail to process a complaint within the answer of the immediate supervisor received in Step 1 is not satisfactory to the employeeestablished time limits, the grievance shall will be appealed within three (3) days of receipt conceded in favor of the answer grievant. In the event a grievance is conceded in Step 1 by submitting this fashion, it will not be used to establish a precedent.
j) All steps in the grievance in writingprocedure and time limits specified herein may be waived, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commanderreduced, or his/her designated representativeextended by mutual consent of both parties. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievancewaiver, the Division Commanderreduction, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance extension in one case is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingprecedent.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation 10.1 Only matters involving the meaning of the written provisions of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances Agreement shall be commenced the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file the grievance in writing with the Employee’s Department Head within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) working days after the grievance has been presented to action which serves as the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay basis for the time spent with the supervisor to discuss the grievance. The answer of Department Head will investigate the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory complaint to the employee, the grievance determine its validity and shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager within ten (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Board of Selectman within ten (10) working days of the response of the Town and County Administrator. The Board of Selectman will issue a written decision determining the validity of the grievance within fourteen (14) days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following such meetingan unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as 8.01 Any employee(s) or the Union may present a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer complaint at any time without recourse to the specific provision alleged formal written procedure contained herein. Failure to comply with this step, or the manner in which it is complied with shall not interfere with the formal grievance procedure, nor shall this step be subject of preliminary objections in any arbitration hearing.
8.02 At any step in the grievance procedure, including the complaint stage, the employee may be accompanied by his/her employee representative.
8.03 Grievances shall be registered with the Employer as follows: Step No. 1 An employee(s) or the Union on his/her/their behalf or in its own stead may present a grievance in writing to the Director of Care. Such grievance must be presented within ten (10) days of the date of its occurrence or when the employee or the Union reasonably ought to have been violated and aware of this occurrence. The Director of Care shall adequately set forth render a decision in writing in ten (10) days following the facts pertaining day on which the grievance was submitted. If this decision is unsatisfactory to the alleged violationemployee(s) or the Union, Step No. All grievances 2 may be followed within ten (10) days. The grievance in writing shall be commenced referred to the Administrator of the Home or designate who shall call a meeting of the Grievance Committee at the request of either party within seven (7) days of the filing of the grievance or such further period as the parties may agree. Within three (3) days following this meeting or within ten (10) days following the incident which caused the grievance. Any claims not conforming submission to the provisions Administrator of this definition the Home or designate if no such meeting is held, the Administrator of the Home or designate shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance reply in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final employee(s) and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer Chairperson of the immediate supervisor Grievance Committee. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 3 may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled followed within ten (10) days. Within ten (10) days after the decision is given at Step No. 2 the grievance may be referred to the Chief Administrative Officer of the County or designate and the employee accompanied by his/her representative shall meet within ten (10) working days with the Chief Administrative Officer and Committee of Management or their designates. The employee may also be accompanied by a full-time representative of the Union shall be represented if so desired at this meeting by the xxxxxxx and the business agentstage. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal will render a decision in writing within ten (10) days following such meeting. If the decision is unsatisfactory to the employee(s) or the Union, it may be referred to arbitration.
8.04 A policy grievance may be presented by either the Union or the Employer at Step 2 of the Grievance Procedure.
8.05 Notwithstanding any other provisions of this Article, should the Employer discharge, suspend or discipline an employee or employees, notification by the Employer to such employee or employees shall be made in the presence of a member of the Union. Should the employee(s) or the Union on his/her/their behalf file a grievance against the discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days under Step No. 3 of the Grievance Procedure.
8.06 Before any grievance is submitted to arbitration, the parties may meet with a Grievance Mediator in order to attempt to resolve such grievance. The parties may refer any number of outstanding grievances to the Grievance Mediator for possible resolution. Each party shall pay one-half (1/2) of the fees and expenses of the Grievance Mediator.
8.07 When either party requests that a grievance be submitted to arbitration, the grievance shall be submitted to one of the following panel of sole Arbitrators: Xxxx Xxxxx, Xxxxxx Xxxxx Xxxx Xxxxxx, Xxxxx Xxxxx If a grievance has already been submitted to one of the Panel of Arbitrators, then any subsequent grievances shall be submitted to the next Arbitrator on the Panel. In order to accept an appointment, the Arbitrator must agree to render an award within thirty (30) days of the last day of hearing.
8.08 In the event that the parties mutually agree to refer a grievance to a tripartite Arbitration Board, the party requesting arbitration shall advise the other of its nominee to the Arbitration Board. Within ten (10) days thereafter, the other party shall answer, in writing, indicating the name and address of its appointee to the Arbitration Board. The Chair shall be selected from the Panel of Arbitrators set out in paragraph 8.07 above.
8.09 Once appointed, the Arbitration Board or single Arbitrator shall have all the powers set out in Section 50 of the Labour Relations Act including the power to mediate/arbitrate the grievance and to limit evidence and submissions.
8.10 Each party shall pay the costs and expenses of its appointees and the costs and expenses of the Chairperson shall be borne equally by the parties. Arbitration hearings shall be held in the community of the Employer or at such other places as may be agreed upon by the Union and the Employer.
8.11 The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.
8.12 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
8.13 Any time limit referred to in the Grievance and Arbitration Procedures shall be exclusive of Saturdays, Sundays and holidays observed by the Employer and the days off of the aggrieved employee including vacation, and such limits may be extended with the agreement of both parties.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of STEP 1 pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered reconsidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A A.4.1 For the purposes of this Agreement, a grievance is defined as being a claim reasonably and sensibly founded on an alleged that there has been a violation of this Agreement and that the Board or the Union has acted, for the purpose of application, administration or interpretation, in a manner which violates this Agreement.
A.4.2 Only the Union and its representatives shall have the right to originate a grievance on behalf of an employee, or group of employees and to seek adjustment with the employer in the manner provided in the Grievance Procedures. Any Such a grievance filed shall refer to commence at Step 1.
A.4.3 If an employee has a complaint, the specific provision alleged to have been violated and employee shall adequately set forth first discuss the facts pertaining to complaint with his/her immediate Supervisor.
A.4.4 If the alleged violation. subject matter of the complaint is not settled within a period of five (5) working days, then the following steps in the Grievance Procedure should be followed:
A.4.4.1 Step 1: All written grievances shall must be commenced submitted within ten (10) working days following after the incident circumstances which caused the grievance. Any claims not conforming gave rise to it came or ought to have come to the provisions attention of this definition the individual concerned. The aggrieved employee shall first submit the grievance to his/her Xxxxxxx. If the Xxxxxxx considers the matter to be automatically a grievance, as defined as not constituting a valid grievance.
8.2: An employee having a in A.4.1, then the employee, accompanied by his/her Xxxxxxx, may present his/her grievance in connection with the terms of this Agreement shall present it as followswriting to his/her Supervisor. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying signed by the provisions Xxxxxxx and shall advise management of the contract allegedly violated remedy sought and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy any provision of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If this Collective Agreement upon which the grievance is not satisfactorily resolved at Step 2, based. The Supervisor shall answer in writing the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof grievance within five (5) working days following receipt of after he/she has received same. In the Division Commander's written answer in Step 2. Upon appealnormal course, the matter shall applicable Manager, Coordinator or Administrator would not have been present at the Step 1 meeting. However, in the event the Manager, Coordinator or Administrator does attend the meeting, then it will be recon- sidered at considered to have been a meeting scheduled within Step 2 meeting, and the Manager, Coordinator or Administrator will have ten (10) daysworking days to answer the grievance in writing. The If the Grievance is not then settled, the Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply may proceed directly to the appeal in writing within ten (10) days following such meetingStep 3.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, hereof, shall not be subject to the grievance is procedure.
A. Subject to any limitations of existing law, any grievance defined as a claim reasonably and sensibly founded on an alleged violation dispute concerning the application or interpretation of the terms of this AgreementAgreement or a claimed violation, misinterpretation or misapplication of the rules or regulations of the Board affecting the terms and conditions of employment may be settled in the following manner:
Step 1- School or Office An employee may appear on his own behalf or be represented by an individual designated by the Union. Any The grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence. The Principal or office administrator shall attempt to adjust the matter within five (5) school days of the presentation of the grievance.
Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Executive Director of Elementary/Middle or Secondary School, as appropriate, or his designee on a form to be provided by the Board and approved by the Union within five (5) school days following the incident which caused completion of Step 1. The appropriate Executive Director his designee shall meet with and discuss the grievancegrievance with the BTU President, or his designee, and the aggrieved employee within five (5) school days after written appeal. Any claims not conforming An answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by submitted to the aggrieved employee and Union representative to his/her immediate supervisor the BTU President in writing on the said form within five (5) school days thereafter. Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or his designee within five (5) school days following the completion of Step 2. Within ten (10) day periodschool days of such appeal, requesting that the grievance be adjusted. The supervisor CEO or his designee shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meetingBTU President, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for designee, the time spent with the supervisor aggrieved employee, and such other parties whose presence may be required to discuss the grievance. The answer of CEO or his designee shall respond in writing on the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx said form within ten (10) school days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingthereafter.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, hereof, may be subject to the grievance is procedure as set forth in Article XV.
A. Subject to any limitations of existing law, any grievance defined as a claim reasonably and sensibly founded on an alleged violation dispute concerning the application or inter- pretation of the terms of this AgreementAgreement or a claimed vio- lation, misinterpretation or misapplication of the rules or regulations of the Board affecting the terms and conditions of employment may be settled in the following manner:
Step 1- School or Office An employee may appear on his own behalf or be represented by an individual designated by the Union. Any The grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence. The Principal or office administrator shall attempt to adjust the matter within five (5) school days of the presentation of the grievance.
Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Exec- utive Director of Elementary/Middle or Secondary School, as appropriate, or his designee on a form to be provided by the Board and approved by the Union within five (5) school days following the incident which caused completion of Step 1. The appropriate Executive Director his designee shall meet with and discuss the grievancegrievance with the BTU President, or his designee, and the aggrieved employee within five (5) school days after written appeal. Any claims not conforming An answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by submitted to the aggrieved employee and Union representative to his/her immediate supervisor the BTU President in writing on the said form within five (5) school days thereafter. Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or his designee within five (5) school days following the comple- tion of Step 2. Within ten (10) day periodschool days of such appeal, requesting that the grievance be adjusted. The supervisor CEO or his designee shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meetingBTU President, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for designee, the time spent with the supervisor aggrieved em- ployee, and such other parties whose presence may be required to discuss the grievance. The answer of CEO or his designee shall respond in writing on the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx said form within ten (10) school days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingthereafter.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as 8.01 Any nurse(s) or the Association may present a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer complaint at any time without recourse to the specific provision alleged to have been violated and shall adequately set forth formal written procedure contained herein, but in the facts pertaining to the alleged violation. All normal course of events grievances shall be commenced within ten (10registered with the Employer as follows: A nurse(s) days following or the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having Association on her/their behalf or in its own stead may present a grievance in connection with writing to the terms Director of this Agreement shall present it as followsNursing. Both parties Such a grievance must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten seven (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (37) days of said meeting, but in no event more than six (6) days after the grievance has been presented its occurrence or when it came to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by attention of the Sheriff nurse or his designated representativethe Association. The employee Director of Nursing shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received render a decision in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof writing within five (5) days following receipt of the Division Commander's written answer in day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step 2No. Upon appeal, the matter shall 2 may be recon- sidered at a meeting scheduled followed within ten (10) days. The Union grievance shall be referred to the Administrator or his designate who shall call a meeting of the Grievance Committee within seven (7) days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the grievor may be present at the meeting. It is further understood that the Home Administrator or his designate may have such counsel and assistance as he/she may desire at such meeting. The decision of the Home shall be delivered in writing within seven (7) days following the date of such meeting. If the decision is unsatisfactory to the nurse or the Association, it may be referred to arbitration in accordance with the arbitration procedure.
8.02 At any step in the grievance procedure, including the complaint stage, the nurse may be accompanied by/or represented by her nurse representative or any other Association official.
8.03 A complaint or grievance arising directly between the Home and the Association concerning the interpretation, application or alleged violation of the Agreement, shall be originated at this meeting Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the xxxxxxx Home will be forwarded in writing to the Local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses' Association. The grievance shall then be treated as having been initiated at Step No. 2 and the business agentapplicable provisions of this Article shall then apply with respect to the processing of such grievance.
8.04 Where the Association files a grievance on behalf of a nurse(s), or where a number of nurses have identical grievances, they may present a group grievance in writing to the Administrator, or his designate, within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this article shall then apply with respect to the processing of such grievance.
8.05 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of her right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines her right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply reduced to the appeal in writing and filed within ten (10) days following at Step #2. It is understood that probationary employees may be discharged, so long as the discharge was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.06 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.
8.07 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.08 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.09 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer's action or by reinstating the nurse and making her whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.10 The time limits set out in the Grievance and Arbitration procedures herein are mandatory and failing to comply strictly with such meetingtime limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Act.
8.11 Where a difference arises between the parties relating to the interpretation, application or administration 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, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten (10) days of the appointment of the second of them, appoint a third person who shall be Chairperson. If the recipient of the notice fails to appoint an Arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limits, the appointment shall be made by the Minister of Labour for Ontario, upon request of either party.
8.12 No person may be appointed as an arbitrator, who has been involved in an attempt to negotiate or settle a grievance.
8.13 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision is final and binding upon the parties, and upon any nurse affected by it.
8.14 The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it nor shall any practices or customs be binding unless reduced to writing by the Association and the Employer.
8.15 The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern.
8.16 Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own appointee and one-half (1/2) of the expenses and fees of the Chairperson.
8.17 Upon mutual agreement of the parties in writing, a single arbitrator may be substituted for the Board of Arbitration. In such case, all of the other provisions of this Article shall continue to apply as with the Board of Arbitration.
8.18 Any time limits referred to in the Grievance and Arbitration Procedures shall be exclusive of Saturdays, Sundays, Paid Holidays and the days off of the aggrieved nurse.
8.19 Within ten (10) days of the receipt of notice referred to in Article 8.01 above, either party may require a process for a sole arbitrator, where the grievance concerns:
(a) a job posting
(b) a short term layoff
(c) responsibility pay, premiums, overtime and call-in pay
(d) entitlement to leave
(e) scheduling issues
(f) any other grievance as mutually agreed All references in Article 8 to an Arbitration Board shall be taken to include a sole arbitrator. Once appointed the sole arbitrator shall have the power to mediate/arbitrate the grievance, including the power to impose a settlement in accordance with Article 8.17. The parties agree that, where an informal process is initiated, presentations proceeding under this dispute resolution mechanism shall include a comprehensive opening statement and thereafter, shall be as short and concise as possible. The parties agree to make limited reference to authorities during such submissions.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer Collective Agreement including any question as to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationwhether a matter is arbitrable. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement and must be filed within ten (10) days following of the incident which caused the grievance. Any claims not conforming circumstance giving rise to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree writing to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor who shall give her decision within said ten five (105) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) working days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the decision rendered employee may be appealed submit the written grievance to the Sheriff by giving the Sheriff written notice thereof Site Director or her designate within five (5) days following receipt of the Division Commander's written answer decision in Step 2#1. Upon appeal, A meeting will be held between the matter shall be recon- sidered at a meeting scheduled Employer and the grievance committee within ten (10) daysdays of the referral. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Union shall Employer’s decision will be represented at this meeting by delivered within five (5) days of the xxxxxxx and the business agentmeeting. The Employer shall An employee is entitled to be represented by a union representative or another available bargaining unit member of the Sheriff and/or employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.
10.04 A claim by an employee, except a probationary employee, 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 employee with the Employer at Step #2 within five (5) days after the date the discharge or suspension is imposed A claim by an employee, except a probationary employee, that she has been unjustly disciplined (other Employer representativesthan discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.02 and 10.03.
10.05 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 fourteen (14) calendar days after the circumstances giving rise to the grievance having occurred or ought to have come to the attention of the nurse(s). The Sheriff grievance shall reply then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the appeal processing of such grievance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing at Step #2 within ten (10) days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such meetingnurse(s) could have herself instituted and the regular grievance procedure shall not be thereby bypassed.
10.07 Arbitration - Failing settlement of the grievance under the foregoing procedure, such grievance may be submitted to arbitration. If no written request for arbitration is received within twelve (12) days after the decision under Step #2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within ten (10) days after the decision under Step #2, it will be deemed to have been received within the time limits. The party referring the matter to arbitration shall name a nominee at the same time. The recipient of the notice shall, within ten (10) days, inform the other party of the name of its nominee to the arbitration board. The two (2) nominees so selected shall, within fourteen (14) days of the nomination of the second of them, select a mutually acceptable third person who shall be the chairperson. If one (1) of them fails to name its nominee, or the two (2) nominees fail to agree upon a chairperson within the time limits, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party.
10.08 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance and arbitration procedure.
10.09 Each party shall pay its own expenses including those for its nominee and witnesses and the fees and expenses of the chairperson shall be borne equally by the parties.
10.10 The Arbitration Board shall not be empowered to alter, modify, add to or amend any part of this Collective Agreement, or to make any decision which is inconsistent with the provisions of this Collective Agreement.
10.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle a grievance.
10.12 The time limits and procedures set out in the Grievance and Arbitration provisions herein are mandatory and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned.
10.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairperson, will be final and binding upon the parties hereto and the nurse or nurses concerned.
10.14 Wherever arbitration board is referred to in this Collective Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the arbitration board at the time of reference to arbitration and the other provisions referring to arbitration board shall appropriately apply.
10.15 All agreements under the grievance procedure between the representatives of the Employer, and the representatives of the Union will be final and binding upon the Employer, the Union and the nurse(s).
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, hereof, may be subject to the grievance is procedure as set forth in Article XV.
A. Subject to any limitations of existing law, any grievance defined as a claim reasonably and sensibly founded on an alleged violation dispute concerning the application or interpretation of the terms of this AgreementAgreement or a claimed violation, misinterpretation or misapplication of the rules or regulations of the Board affecting the terms and conditions of employment may be settled in the following manner:
Step 1- School or Office An employee may appear on their own behalf or be represented by an individual designated by the Union. Any The grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence. The Principal or office administrator shall attempt to adjust the matter within five (5) school days of the presentation of the grievance.
Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Executive Director of Elementary/Middle or Secondary School, as appropriate, or their designee on a form to be provided by the Board and approved by the Union within five (5) school days following the incident which caused completion of Step 1. The appropriate Executive Director their designee shall meet with and discuss the grievancegrievance with the BTU President, or their designee, and the aggrieved employee within five (5) school days after written appeal. Any claims not conforming An answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by submitted to the aggrieved employee and Union representative to his/her immediate supervisor the BTU President in writing on the said form within five (5) school days thereafter. Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or their designee within five (5) school days following the completion of Step 2. Within ten (10) day periodschool days of such appeal, requesting that the grievance be adjusted. The supervisor CEO or their designee shall meet with the employee to discuss BTU President, or their designee, the grievance aggrieved employee, and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall such other parties whose presence may be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor required to discuss the grievance. The answer of CEO or their designee shall respond in writing on the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx said form within ten (10) school days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingthereafter.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A Saint Xxxx Airport Inc. and the agree that discussions should occur between employees, representatives and Airport Authority representatives in an attempt to resolve problems or differences. This grievance procedure is defined as a claim reasonably not intended to preclude any discussion between employees, representatives and sensibly founded on an Airport Authority representatives. Where discussions relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of If any difference concerning the interpretation, application, operation or any alleged violation of this Agreement. Any grievance filed the Agreement arises between the Airport Authority and the or between the and the Airport Authority, it shall refer be processed according to the specific following grievance procedure. Nothing in this provision deprives of any rights or remedies to which they are entitled in any legislation. Grievances involving the interpretation, application, operation or alleged to violation of the agreement must have been violated the approval and shall adequately support of the bargaining agent. The time limits set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step out in the grievance processprocedure are mandatory and not directory. STEP 1 In calculating time limits, Saturdays, Sundays, and holidays shall be excluded. If the time limits set out in Complaint Step, Step or Step of the grievance procedure are not complied with by the then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits. If the Airport Authority fails to meet a time limit, the at its option, may either advance the grievance to the next step or await the Airport Authority’s response, in which case no time limit shall apply against the until it has received the Airport Authority’s response. shall have the right to be represented at any step of the grievance procedure. The and the representative shall be given leave, in accordance with Article with pay to prepare for and to attend such meetings on Saint Xxxx Airport property unless otherwise agreed. The shall be given full opportunity to make representations throughout the grievance procedure. The above grievance procedures shall be communicated to employees by means of notices posted by the Airport Authority in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by the agreement between the and the I A grievance shall not be verbally presented deemed to be invalid by reason only that it is not in accordance with the form supplied by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting Airport Authority. Where it appears that the nature of the grievance is such that a decision cannot be adjusted. The given below a particular level of authority, any or all the levels, except the final level may be eliminated by agreement of the Airport Authority, the and/or the No person employed in an excluded capacity or as a supervisor acting on behalf of the Airport Authority shall meet with the seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to discuss the abandon their grievance and will attempt or refrain from exercising their right to respond to said present a grievance within three as provided for in this agreement. STEPS OF THE GRIEVANCE PROCEDURE Within twenty five (325) days of said meeting, but in no event more than six (6) days after the grievance has been presented b coming re f matt giving rise to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final complaint, the and binding until it has been approved by or the Sheriff or his designated representative. The employee shall suffer no loss of pay for may submit a written complaint to the time spent with the supervisor to discuss the grievance. The answer Department Manager of the immediate supervisor may be given verballydepartment in which the employee works. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three Within ten (3IO) days of the receipt of the answer complaint the Department Manager, employee and representative shall meet in Step 1 by submitting an attempt to resolve the grievance in writing, specifying complaint. The Department Manager shall provide a written response within ten days of such a meeting to the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, here- of, shall not be subject to the grievance procedure .
A . Subject to any limitations of existing law, any grievance is defined de- fined as a claim reasonably and sensibly founded on an alleged violation dispute concerning the application or interpreta- tion of the terms of this AgreementAgreement or a claimed violation, misinterpretation or misapplication of the rules or regula- tions of the Board affecting the terms and conditions of employment may be settled in the following manner:
Step 1- School or Office An employee may appear on his own behalf or be represented by an individual designated by the Union . Any The grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence . The Principal or office administra- tor shall attempt to adjust the matter within five (5) school days of the presentation of the grievance .
Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Ex- ecutive Director of Elementary/Middle or Secondary School, as appropriate, or his designee on a form to be provided by the Board and approved by the Union within five (5) school days following the incident which caused completion of Step 1 . The appropriate Executive Director or his designee shall meet with and discuss the grievancegrievance with the BTU President, or his designee, and the ag- grieved employee within five (5) school days after written appeal . Any claims not conforming An answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by submitted to the aggrieved employee and Union representative to his/her immediate supervisor the BTU President in writing on the said form within five (5) school days thereafter . Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or his designee within five (5) school days following the completion of Step 2 . Within ten (10) day periodschool days of such ap- peal, requesting that the grievance be adjusted. The supervisor CEO or his designee shall meet with the employee BTU President, or his designee, the aggrieved em- ployee, and such other parties whose presence may be required to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff The CEO or his designated representative. The employee designee shall suffer no loss of pay for respond in writing on the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx said form within ten (10) school days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingthereafter .
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2Section 1: An employee having Employee is required to discuss, and make a grievance in connection reasonable effort to resolve, concerns and complaints with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day periodcalendar days of the alleged violation of this Agreement, requesting in an attempt to resolve the issue prior to it becoming a written grievance.
Section 2: A grievance under this Article is hereby defined as a complaint by either the Employer or the Union that a specific Article or Section of this Agreement has been violated. Grievances shall be processed as follows:
Step 1: All written grievances shall be presented to the grievance be adjustedClinical Manager of the affected Employee(s), or to the Union, within ten (10) calendar days of the occurrence giving rise to such grievance. The supervisor Clinical Manager, or the Union, shall meet with the employee to discuss the grievance and will attempt have ten (10) calendar days to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying . In the provisions of event the contract allegedly violated written grievance is not resolved by discussions amongst the Clinical Manager and the facts thereofUnion, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall may be sent taken to Step 2.
Step 2: A grievance not satisfactorily resolved in Step 1 shall, within ten (10) calendar days after the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievanceresponse in Step 1, be submitted in writing by the Division CommanderUnion to the Director of Operations or Area Manager, as applicable, or his/her representative, shall schedule a by the Employer to the Union. A meeting with will be scheduled to resolve the xxxxxxx grievance and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx grievance will be due within ten (10) calendar days following such meeting. STEP 3 after the Director of Operations/Area Manager’s receipt of the Step 2 written grievance, or the Union’s receipt thereof.
Step 3: If the a grievance is has not been satisfactorily resolved at in Step 2, the decision rendered may a written request for a Step 3 meeting must be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled received within ten (10) dayscalendar days of the receipt of the written response in Step 2. The meeting will be held at a mutually agreeable time with the Union shall be represented at this meeting by the xxxxxxx Representative and the business agentRegional Vice President or his/her designee. The Employer shall A written answer will be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing due within ten (10) calendar days following such after the Step 3 meeting.
Step 4: If a grievance has not been satisfactorily resolved in Step 3, the Union or the Employer may submit the matter to arbitration within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: Section 1. A grievance is hereby jointly defined as to be any controversy, complaint, misunderstanding, or dispute, and any grievance arising between the Company and the Union or an employee represented by the Union shall be settled in the following manner:
Step 1. The aggrieved employee or employees must present the grievance to the Shop Xxxxxxx within five (5) working days after the reason for the grievance has occurred or the employee should have known. If a claim reasonably satisfactory settlement is not effected with the xxxxxxx within five (5) working days, the Shop Xxxxxxx and sensibly founded on an alleged violation employee shall submit such grievance in writing to the Union's Business Representative.
Step 2. The Business Representative shall then take the matter up with a representative of the Company with authority to act upon such grievance. A decision must be made within five (5) working days.
Step 3. In the event they are unable to so agree, the matter shall be referred to the American Arbitration Association within seven (7) days. After the service submits a list of Arbitrators to the Union and the Company, they shall reply with their preferred selections no later than seven (7) days after the receipt of such list. The expense of the arbitrator selected or appointed shall be borne equally by the Company and the Union.
Section 2. Any Shop Xxxxxxx, upon approval of the supervisor, shall be permitted to leave his work without loss of wages to investigate and adjust the grievance of any employee within his jurisdiction. Employees shall have the Shop Xxxxxxx or a representative of the Union present during the discussion of any grievance with the representative of the Company.
Section 3. If the Union or Company fails to comply with any settlement of the grievance or fails to comply with the procedures of this Article, the Union or the Company has the right to take all legal and economic action to enforce its demands.
Section 4. The Arbitrator shall not have the authority to amend or modify this Agreement or establish new terms or conditions under this Agreement. Any grievance filed The Arbitrator shall refer determine any question of arbitrability. In the event the position of the Union is sustained, the aggrieved party shall be entitled to all benefits of this Agreement which would have accrued to such employee had there been no grievance.
Section 5. Both parties agree to accept the decision of the Arbitrator as final and binding. If the Company or Union fails to comply with the award of the Arbitrator or with the procedures of this Article, the Company or Union has a right to take all legal and economic action to enforce compliance.
Section 6. The cost of the Arbitrator's fees and expenses shall be divided equally by the parties. Either party shall have the right to have a transcript of the proceedings and to furnish a copy thereof to the specific provision alleged Arbitrator. If both parties agree to have been violated and shall adequately set forth a transcript, the facts pertaining to cost thereof, including the alleged violation. All grievances cost of the Arbitrator's copy, shall be commenced within ten (10) days following divided equally by the incident which caused the grievanceparties. Any claims not conforming The Arbitrator shall have no authority to amend, modify or add to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with Agreement or rule on any of the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day periodCompany policies, requesting that the grievance be adjustedrules or regulations. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement Arbitrator's award shall be final and binding until it has been approved by on both parties and on all employees in the Sheriff or his designated representativebargaining unit. The employee Company shall suffer no loss of not be required to pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory back wages prior to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit date a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is filed.
Section 7. Any grievance not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff next succeeding step in accordance with the time limits set forth can be objected to by giving the Sheriff written notice thereof within five (5) days following receipt of Company as untimely. The parties may, in any individual case, by mutual agreement extend the Division Commander's written answer time limits in any step. Grievances regarding discharges shall be processed directly into Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Morgan Products LTD)
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.1 A grievance is shall be defined as a claim reasonably any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and sensibly founded on an alleged violation provisions of this Agreement. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement.
10.2 Thus, should grievances arise other than from cases of discharge and/or suspension, the grievant shall use the following procedures. This grievance procedure is the sole and exclusive avenue of redress available to any bargaining unit member. No person covered by this agreement shall use the grievance procedure in the City Personnel Manual for any purpose whatsoever.
STEP 1 In the event an employee believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance with the immediate supervisor, either privately, or if the employee prefers, accompanied by the on-site Federation representative within five (5) working days of the date of the occurrence of the event giving rise to the grievance. The supervisor shall then respond within five (5) working days.
STEP 2 In the event the grievant and/or the Federation is not satisfied with the decision of the supervisor, the grievant and/or the on-site Federation representative shall present the grievance in writing to the employee's department director within seven (7) working days of the date of the aforesaid decision. Upon presentation of this written grievance to the department director, and within seven (7) working days thereafter, the department director, the employee and the on-site Federation representative shall attempt to resolve the dispute. Within seven (7) working days thereafter, the department director shall render a decision in writing to both the employee and to the on-site Federation representative. In the event the grievant and/or the Federation is not satisfied with the written answer to Step 2 above, the grievance shall be presented within seven (7) working days after the written answer above to the City Manager or designee, who will, within seven (7) working days of the receipt of same, meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within seven (7) working days after this meeting, the City Manager or designee shall render a decision in writing.
10.3 In the event an employee is discharged or suspended by the City, the employee shall, within seven (7) working days, grieve his discharge and/or suspension to the City Manager or designee who shall, within seven (7) working days of the receipt of the same, meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative shall also be present. Within seven (7) working days after this meeting, the City Manager or designee shall render his decision in writing.
10.4 The time limitations provided in this Article shall be strictly observed. An employee covered by this Agreement may withdraw a grievance at any point by submitting, in writing, a statement to that effect, or by permitting the time requirements to lapse. Any grievance filed shall refer not advanced by the employee or employees to the specific provision alleged to have next higher step within the time limits provided shall be deemed permanently withdrawn and as having been violated and settled on the basis on the most recent response. A grievance not answered by the City within the time limits provided shall adequately set forth the facts pertaining be automatically advanced to the alleged violationnext higher level. All These time limitations may be extended only by written agreement of the parties.
10.5 Application to this procedure shall prevent the grievant from appealing to any other available procedure or visa-versa.
10.6 Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation, in conformity with Florida law.
10.7 Notwithstanding any section of this Article, either party may request that an independent third party serve in the capacity as a mediator or fact-finder in an effort to assist the parties in resolving the grievance prior to proceeding to arbitration. Both parties to the grievance must concur with proceeding to mediation or fact-finding in order to proceed with the mediation or fact-finding.
10.8 In the event any dispute and/or difference, including discharge and suspension, has been properly processed through the grievance procedure without resolution, the Federation may demand arbitration and this demand, in writing, shall be commenced presented to the City Manager or designee within ten (10) working days following from the incident which caused receipt of the grievance. Any claims not conforming to decision of the provisions of this definition previous step.
10.9 The arbitrator shall be automatically defined as not constituting appointed by mutual consideration of the parties. In the event the parties are unable to agree upon a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor neutral arbitrator within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) working days after the grievance has been presented arbitration is invoked, either party may petition the Federal Mediation and Conciliation Service and request a list of seven (7) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to preside as a neutral at the supervisor. He/she shall have his/her xxxxxxx present. No settlement hearing involving the grievance.
10.10 The decision of said arbitrator shall be final and binding until it has been approved by the Sheriff or his designated representativeupon both parties. The employee arbitrator shall suffer no loss not be empowered to alter, amend, add to, or eliminate any provisions of pay for the time spent with the supervisor to discuss the grievancethis Agreement. The answer Expenses of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance arbitrator shall be appealed within three (3) days of receipt of the answer in Step 1 borne equally by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representativeboth parties. A copy of the grievance Each party shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingpay its own expenses.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, here- of, shall not be subject to the grievance is defined procedure.
A. Subject to any limitations of existing law, any grievance de- fined as a claim reasonably and sensibly founded on an alleged violation dispute concerning the application or interpreta- tion of the terms of this AgreementAgreement or a claimed violation, misinterpretation or misapplication of the rules or regula- tions of the Board affecting the terms and conditions of employment may be settled in the following manner:
Step 1- School or Office An employee may appear on his own behalf or be represented by an individual designated by the Union. Any The grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence. The Principal or office administra- tor shall attempt to adjust the matter within five (5) school days of the presentation of the grievance.
Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Ex- ecutive Director of Elementary/Middle or Secondary School, as appropriate, or his designee on a form to be provided by the Board and approved by the Union within five (5) school days following the incident which caused completion of Step 1. The appropriate Executive Director OR his designee shall meet with and discuss the grievancegrievance with the BTU President, or his designee, and the ag- grieved employee within five (5) school days after written appeal. Any claims not conforming An answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by submitted to the aggrieved employee and Union representative to his/her immediate supervisor the BTU President in writing on the said form within five (5) school days thereafter. Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or his designee within five (5) school days following the completion of Step 2. Within ten (10) day periodschool days of such ap- peal, requesting that the grievance be adjusted. The supervisor CEO or his designee shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meetingBTU President, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for designee, the time spent with the supervisor aggrieved em- ployee, and such other parties whose presence may be required to discuss the grievance. The answer of CEO or his designee shall respond in writing on the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx said form within ten (10) school days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingthereafter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: Section 1. A grievance grievance, as used in this Agreement, is defined as limited to a claim reasonably and sensibly founded on an alleged violation complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement.
Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration.
Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance filed shall refer not answered by the City within the time limits provided below will automatically advance to the specific provision alleged to have been violated and next higher step of the grievance procedure.
STEP 1 The aggrieved employee or an Association representative shall adequately set present the grievance or dispute in writing, setting forth the facts pertaining to with particulars and the alleged violation. All grievances shall be commenced remedy sought, within ten (10) working days following the incident which caused the grievance. Any claims not conforming to the provisions (Monday through Friday) of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff its occurrence or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts knowledge thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy Chief of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievancePolice. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt Chief of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff Police shall reply to the appeal in writing within ten (10) working days following such meeting(Monday through Friday) of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step.
STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday through Friday) of receipt of the Chief of Police’s reply or when a reply was due, if none is submitted. The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step.
STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City Manager's reply or when a reply was due, if none is submitted. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one (1) shall be selected. The arbitrator’s decision shall be in writing with a statement of findings and reasons. The decision of the arbitrator shall be final and binding on the Parties; provided that the arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the Parties.
Section 4. By agreement of both Parties, a meeting will be held at any step of the grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 8.01 Any employee making a complaint and/or grievance is entitled to be represented by an Employee Representative from the bargaining unit at any time and all steps of the grievance procedure.
8.02 For the purposes of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, administration or alleged violation of this Agreementthe Agreement including any questions as to whether a matter is arbitrable.
8.03 It is the intent of the parties that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting the complaint. Any grievance filed Such complaint shall refer be discussed with the immediate supervisor within ten (10)) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the specific provision alleged to have been violated and shall adequately set forth attention of the facts pertaining to the alleged violationemployee. All grievances shall be commenced If there is no settlement within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition working days, it shall then be automatically defined taken up as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) working days in the following such meetingmanner and sequence. STEP 3 If Any employee having a grievance shall have the grievance is not satisfactorily resolved at Step 2right, the decision rendered may be appealed if she/he so requests, to refer it in writing to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt Director of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled Nursing within ten (10) daysworking days of becoming aware of the circumstances leading to the grievance. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff Director of Nursing shall reply in writing to the appeal in writing employee within ten (10) working days from the date the grievance was brought to her/his attention. If further action is to be taken, then within ten (10) working days after the decision is given in Step #1, the employee shall submit the grievance in writing dated and signed to the Administrator. A meeting may then be held between the Administrator, the Director of Nursing, and the employee(s), and the Grievance Committee and the Employment Relations Officer at a time mutually agreeable to the Employer and the Union. The decision of the Administrator shall be given in writing to the employee(s) within ten (10) working days following the meeting. The Employer also agrees to send a copy of the Administrator's decision to the Union's Employment Relations Officer within ten (10) working days following the meeting. Should the Administrator fail to render a decision or the decision is unsatisfactory to the employee(s) or the Union, it may be referred to arbitration.
8.04 Should the Employer discharge, suspend or discipline any employee(s), notification by the Employer to such meetingemployee(s) shall be made in the presence of an Employee Representative. The employee(s) and the Union shall be provided with written reasons for a discharge, suspension or discipline. Should the employee(s) or the Union wish to file a grievance against this action it shall be in writing and filed within ten (10) working days under Step #2 of the grievance procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 10.01 It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within five (5) days after the circumstances giving rise to it have occurred. If the complaint is not settled, it shall be taken up as a grievance within ten (10) days of the discussion in the following manner and sequence.
10.02 For the purposes of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.
10.03 The following shall be the procedure for handling and processing grievances submitted by the nurse. The nurse may be accompanied by a nurse representative if the nurse wishes, and may submit a written grievance signed by the nurse to her immediate supervisor. The grievance shall identify the nature of the grievance, the provisions of this Agreement. Any grievance filed shall refer to the specific provision Agreement which are alleged to have been violated and the remedy which is sought. The immediate supervisor will deliver her decision in writing within five (5) days following the day on which the grievance was presented to her. Failing settlement, then: Within five (5) days following the decision under Step No.1, the nurse shall adequately set forth submit the facts pertaining written grievance to the alleged violationDirector of Operations or her designate. All grievances A meeting will be held between the Director of Operations or her designate and the Grievance Committee within ten (10) days. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at such meeting. The Decision of the Director of Operations or her designate shall be commenced delivered within ten (10) days of the meeting.
10.04 A claim by a nurse, except a probationary nurse, 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 nurse with the Employer at Step No.2 within five (5) days after the date the discharge or suspension is imposed. A claim by a nurse, except a probationary nurse, that she has been unjustly disciplined (other than discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.01 and 10.03.
10.05 At the time formal discipline (including discharge) is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted at Step No.2 within ten (10) days following the incident which caused the circumstances giving rise to this grievance. Any claims not conforming to It is expressly understood, however, that the provisions of this definition Article may not be used with respect to a grievance directly affecting a nurse or nurses which such nurse could have herself instituted and the regular grievance procedure shall not be automatically defined as not constituting a valid grievancethereby be bypassed.
8.2: An employee having 10.07 Where a grievance in connection with the terms number of this Agreement shall nurses have identical grievances and each nurse would be entitled to grieve separately, they may present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the a group grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and signed by signing his/her name to the grievanceeach nurse who is grieving, to the Division CommanderDirector of Operations or her designate, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If after the circumstances giving rise to the grievance is not satisfactorily resolved having occurred. The grievance shall then be treated as being initiated at Step 2No.2 and shall continue through the procedure as outlined above.
10.08 Failing settlement of any grievance under the foregoing procedure, the decision rendered grievance may be appealed submitted to arbitration as hereinafter provided. If no written notice of referral to arbitration is received within twelve (12) days after the decision under Step No.2 is given, the grievance shall be deemed to have been abandoned. When either party wish’s to have a grievance referred to arbitration, it shall be given written notice of such referral to the Sheriff by giving other party within the Sheriff written notice thereof within five (5) days following receipt of time limits set out above, and at the Division Commander's written answer in Step 2same time appoint its nominee to the Arbitration Board. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within Within ten (10) days, the other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the party invoking the arbitration procedure. The Union two nominees shall attempt to select, by agreement, a chairperson of the Arbitration Board.
10.09 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance and arbitration procedure.
10.10 Each party shall pay its own expenses including those for its nominee and witnesses and the fees and expenses of the chairperson shall be represented at this meeting borne equally by the xxxxxxx parties.
10.11 The Arbitration Board shall not be empowered to alter, modify, add to or amend any part of the Collective Agreement, or to make any decision which is inconsistent with the provisions of this Collective Agreement.
10.12 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle a grievance.
10.13 The time limits and procedures set out in the Grievance and Arbitration provisions herein are mandatory and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned.
10.14 The proceedings of the Arbitration Board will be expedited by the parties hereto and the business agent. The Employer shall decision of the majority, and, where there is no majority, the decision of the chairperson, will be represented by final and binding upon the Sheriff and/or other Employer representatives. The Sheriff shall reply parties hereto and the nurse or nurses concerned.
10.15 Wherever Arbitration Board is referred to in this Collective Agreement, the appeal parties may mutually agree in writing within ten (10) days following such meetingto substitute a single Arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
10.16 All agreements under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer, the Union and the nurses.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A For the purposes of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on by the Employer or by the Union or by an alleged employee that there has been a violation of this Collective Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall must be commenced in writing and signed by the party aggrieved and they must be presented to the other party or person grieved against within ten (10) five working days following after the incident occurrence of the matter which caused is the subject of the grievance. Any claims not conforming If an has a complaint which relates to the provisions terms or conditions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with his employment under the terms of this Agreement shall present it Collective Agreement, he first discuss his complaint with his immediate Supervisor and he may be accompanied by his Shop Xxxxxxx or a bargaining unit member of their choice who can be relieved from his duties on shift if he so desires. If the complaint cannot be settled as followsa result of this discussion, then the employee may file a written grievance. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented of an individual given to the Unit Manager by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjustedXxxxxxx. The supervisor unit manager and or his designee shall meet with the employee to discuss union xxxxxxx and a representative of the grievance and will attempt to respond to said grievance union within three (3) days of said meeting, but in no event more than six (6) five working days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss he receives the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received Unit Manager shall provide his decision in Step 1 is not satisfactory to the employee, the grievance shall be appealed writing within three (3) days of receipt of working following the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2then settled, the decision rendered may be appealed Union Xxxxxxx will present the grievance to the Sheriff by giving Regional General Manager within three working days after he received the Sheriff written notice thereof answer of the Unit Manager. The Regional General Manager shall meet with the Union Xxxxxxx and representative of the Union within five (5) working days after he . receives the grievance. The regional manager or his designate shall provide his decision within three working days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) daysmeeting. The Union shall be represented at this meeting by General will attend Step if involve loss of time and or termination and or If the xxxxxxx and grievance is not settled within the business agent. The Employer shall be represented by specified time period, then either party may notify the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal party in writing within ten (10) a further period of thirty calendar days following such meetingthat it intends to proceed to arbitration. Any notice of the intention of either party to proceed to arbitration shall contain details of the grievance and a statement of the actual relief sought by the party, from a Arbitrator. The notice must also include the name and address of the party’s nominee for the proposed Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, hereof, may be subject to the grievance is procedure as set forth in Article XV.
A. Subject to any limitations of existing law, any grievance defined as a claim reasonably and sensibly founded on an alleged violation dispute concerning the application or interpretation of the terms of this AgreementAgreement or a claimed violation, misinterpretation or misapplication of the rules or regulations of the Board affecting the terms and conditions of employment may be settled in the following manner:
Step 1- School or Office An employee may appear on his own behalf or be represented by an individual designated by the Union. Any The grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence. The Principal or office administrator shall attempt to adjust the matter within five (5) school days of the presentation of the grievance.
Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Executive Director of Elementary/Middle or Secondary School, as appropriate, or his designee on a form to be provided by the Board and approved by the Union within five (5) school days following the incident which caused completion of Step 1. The appropriate Executive Director his designee shall meet with and discuss the grievancegrievance with the BTU President, or his designee, and the aggrieved employee within five (5) school days after written appeal. Any claims not conforming An answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by submitted to the aggrieved employee and Union representative to his/her immediate supervisor the BTU President in writing on the said form within five (5) school days thereafter. Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or his designee within five (5) school days following the completion of Step 2. Within ten (10) day periodschool days of such appeal, requesting that the grievance be adjusted. The supervisor CEO or his designee shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meetingBTU President, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for designee, the time spent with the supervisor aggrieved employee, and such other parties whose presence may be required to discuss the grievance. The answer of CEO or his designee shall respond in writing on the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx said form within ten (10) school days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingthereafter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 10.01 It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within seven (7) days after the circumstances giving rise to it have occurred. If the complaint is not settled, it shall be taken up as a grievance within ten (10) days of the discussion in the following manner and sequence.
10.02 For the purposes of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.
10.03 The following shall be the procedure for handling and processing grievances submitted by the nurse. The nurse may be accompanied by a nurse representative if the nurse wishes, and may submit a written grievance signed by the nurse to her immediate supervisor. The grievance shall identify the nature of the grievance, the provisions of this Agreement. Any grievance filed shall refer to the specific provision Agreement which are alleged to have been violated and the remedy which is sought. The immediate supervisor will deliver her decision in writing within seven (7) days following the day on which the grievance was presented to her. Failing settlement, then: Within seven (7) days following the decision under Step No.1, the nurse shall adequately set forth submit the facts pertaining written grievance to the alleged violationDirector of Operations or her designate. All grievances A meeting will be held between the Director of Operations or her designate and the Grievance Committee within ten (10) days. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at such meeting. The Decision of the Director of Operations or her designate shall be commenced delivered within ten (10) days of the meeting.
10.04 A claim by a nurse, except a probationary nurse, 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 nurse with the Employer at Step No.2 within seven (7) days after the date the discharge or suspension is imposed. A claim by a nurse, except a probationary nurse, that she has been unjustly disciplined (other than discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.01 and 10.03.
10.05 At the time formal discipline (including discharge) is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted at Step No.2 within ten (10) days following the incident which caused the circumstances giving rise to this grievance. Any claims not conforming to It is expressly understood, however, that the provisions of this definition Article may not be used with respect to a grievance directly affecting a nurse or nurses which such nurse could have herself instituted and the regular grievance procedure shall not be automatically defined as not constituting a valid grievancethereby be bypassed.
8.2: An employee having 10.07 Where a grievance in connection with the terms number of this Agreement shall nurses have identical grievances and each nurse would be entitled to grieve separately, they may present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the a group grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and signed by signing his/her name to the grievanceeach nurse who is grieving, to the Division CommanderDirector of Operations or her designate, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If after the circumstances giving rise to the grievance is not satisfactorily resolved having occurred. The grievance shall then be treated as being initiated at Step 2No.2 and shall continue through the procedure as outlined above.
10.08 Failing settlement of any grievance under the foregoing procedure, the decision rendered grievance may be appealed submitted to arbitration as hereinafter provided. If no written notice of referral to arbitration is received within twelve (12) days after the decision under Step No.2 is given, the grievance shall be deemed to have been abandoned. When either party wish’s to have a grievance referred to arbitration, it shall be given written notice of such referral to the Sheriff by giving other party within the Sheriff written notice thereof within five (5) days following receipt of time limits set out above, and at the Division Commander's written answer in Step 2same time appoint its nominee to the Arbitration Board. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within Within ten (10) days, the other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the party invoking the arbitration procedure. The Union two nominees shall attempt to select, by agreement, a chairperson of the Arbitration Board.
10.09 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance and arbitration procedure.
10.10 Each party shall pay its own expenses including those for its nominee and witnesses and the fees and expenses of the chairperson shall be represented at this meeting borne equally by the xxxxxxx parties.
10.11 The Arbitration Board shall not be empowered to alter, modify, add to or amend any part of the Collective Agreement, or to make any decision which is inconsistent with the provisions of this Collective Agreement.
10.12 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle a grievance.
10.13 The time limits and procedures set out in the Grievance and Arbitration provisions herein are mandatory and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned.
10.14 The proceedings of the Arbitration Board will be expedited by the parties hereto and the business agent. The Employer shall decision of the majority, and, where there is no majority, the decision of the chairperson, will be represented by final and binding upon the Sheriff and/or other Employer representatives. The Sheriff shall reply parties hereto and the nurse or nurses concerned.
10.15 Wherever Arbitration Board is referred to in this Collective Agreement, the appeal parties may mutually agree in writing within ten (10) days following such meetingto substitute a single Arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
10.16 All agreements under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer, the Union and the nurses.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: Section 1. A grievance grievance, as used in this Agreement, is defined as limited to a claim reasonably and sensibly founded on an alleged violation complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement.
Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration.
Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance filed shall refer not answered by the City within the time limits provided below will automatically advance to the specific provision alleged to have been violated and next higher step of the grievance procedure.
STEP 1 The aggrieved employee or an Association representative shall adequately set present the grievance or dispute in writing, setting forth the facts pertaining to with particulars and the alleged violation. All grievances shall be commenced remedy sought, within ten (10) working days following the incident which caused the grievance. Any claims not conforming to the provisions (Monday through Friday) of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff its occurrence or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts knowledge thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy Chief of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievancePolice. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt Chief of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff Police shall reply to the appeal in writing within ten (10) working days following such meeting(Monday through Friday) of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step.
STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday through Friday) of receipt of the Chief of Police’s reply or when a reply was due, if none is submitted. The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step.
STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City Manager's reply or when a reply was due, if none is submitted. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one
(1) shall be selected. The arbitrator’s decision shall be in writing with a statement of findings and reasons. The decision of the arbitrator shall be final and binding on the Parties; provided that the arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the Parties.
Section 4. By agreement of both Parties, a meeting will be held at any step of the grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The grievance procedure set forth in this Article is for the purpose of assuring proper administration of the Agreement. It is the desire of both parties that grievances shall be settled and remedied at the lowest possible step of the grievance procedure.
10.02 A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of a specific Article or Section of this Agreement.
10.03 Employees in their "Orientation Period", temporary and contract employees shall not be entitled to use this grievance procedure for any/all disciplinary actions that are taken by the Employer. The review process hereinafter set forth shall be the sole method for resolution of grievances. All time limits set forth herein must be strictly adhered to, unless otherwise agreed in writing by both parties. A grievance not advanced to the next higher level within the time limit provided shall be deemed permanently withdrawn as having been settled on the basis of the answer most recently given.
10.04 Employees shall have the right to the assistance of a Xxxxxxx or Union Representative as set forth under the law or by this Agreement.
10.05 All grievances arising between the Union and the Employer shall be settled in accord with the following procedure and the terms of this Article. Any grievance filed to protest the discharge of an employee shall refer be in writing and shall be submitted within thirty ( 30 ) calendar days following discharge directly to the specific provision alleged Executive Director as a Step II grievance. In recognition of the agreed procedure party's intent to have been violated resolve for resolving all disputes collaboratively, during the grievance and arbitration process, no employee, the Union, or Employer shall adequately set forth disparage or bring to public attention any grievance dispute between them.
Step I: The employee, either alone or with a Xxxxxxx or Unit Representative, may initiate a grievance by submitting a written request to Human Resources to meet within fourteen (14) calendar days of the facts pertaining occurrence of the events giving rise to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming If the occurrence of the events giving rise to the provisions of this definition shall be automatically defined as grievance are not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory known to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule employee must request a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx their manager within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.thirty
Appears in 1 contract
Samples: Union Representation Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 21.1 A grievance is defined as a claim reasonably and sensibly founded on that the City has violated an alleged violation express provision of this Agreement.
21.2 Any employee or group of employees may discuss any matter with their Division Chief or the Sheriff without invoking the formal grievance procedure provided for in this Article. Any grievance filed No agreements reached in such informal discussion shall refer be binding on the FOP or any other employee nor shall they be binding on the City or employee raising the issue except for the specific incident which led to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining discussion. The FOP may report an impending grievance to the alleged violation. City in an effort to forestall its occurrence.
21.3 Neither the City nor the FOP shall threaten or coerce any employee for filing a grievance under this Agreement
21.4 All grievances shall be commenced within ten (10) days settled in the following manner:
Step 1. A grievance must be initiated by either an aggrieved employee or by the incident which caused FOP on behalf of the grievanceemployee. Any claims not conforming The grievant must reduce the grievance to writing and present the written grievance to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor Division Chief within said ten fifteen (1015) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) calendar days after the grievance has been presented grievant knew or should have known of the facts which gave rise to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer written grievance must contain (a) a statement of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to upon which it is based; (b) the grievance, to the Division Commander, or his/her designated representative. A copy specific section(s) of the grievance Contract allegedly violated; and (c) the remedy or adjustment sought. The Division Chief shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule hold a meeting with the xxxxxxx grievant within fifteen (15) calendar days from the receipt of the grievance and a representative of the affected employee for FOP may be present at that meeting. Within fifteen (15) calendar days from the purpose date of discussing such meeting the grievanceDivision Chief will issue a written response to the grievant and provide a copy to the FOP. The Division Commander, or his/her representative, FOP shall submit be given notice of the meeting and have a written answer right to attend the affected employee and the xxxxxxx within ten (10) days following such meeting.
Step 2. STEP 3 If the grievance is not satisfactorily resolved at Step 21, the decision rendered may be appealed grievant or the FOP shall have fifteen (15) calendar days from the issuance of the Step 1 denial to present the grievance to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2or his/her designee. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.Within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an any difference concerning the interpretation, application, administration or alleged violation of the provisions of this AgreementAgreement or of relevant legislation. Any Grievances involving the interpretation of provisions of this Agreement may not be filed without the prior written approval of the Union. Should an employee have a complaint which may become a grievance, the employee is encouraged to first discuss the complaint with the Commander or the Watch Commander or the delegates of either of them. The purpose of this discussion is to explore the possibility of reaching a resolution of the matter. During the processing of a complaint or grievance filed under the procedures referred to in clauses or an employee, if desires, may be represented or assisted by shop xxxxxxx or alternate, or by a non-employee Union representative. The employee will be advised by of right to have such representation but a failure by the employee to seek such representation assistance will not invalidate any action taken or not taken in the grievance procedure. The time limits set out in the formal grievance procedure are mandatory and not directory. In calculating such time limits, Saturdays, Sundays, and holidays shall refer be excluded. If the time limits in Steps and are not complied with, then the grievance will be considered as having been abandoned unless the parties have mutually agreed, in writing, to extend a particular time During the processing through any of the following Steps, the parties may, after mutual agreement in writing, meet to discuss the case. Such meetings will not affect the requirement for compliance with the time limits for processing the grievance. A grievance must be presented in this step within twenty-five (25) days of the employee becoming aware of the circumstances giving rise to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining grievance, in writing, to the alleged violationDirector of Operations or designate. All grievances If requested, the Director or designate will provide to the employee or, if applicable, to representative, a written receipt acknowledging the date upon which the grievance was received by Within ten (10) days of receipt of the grievance, the Director of Operations, or designate, will give a written reply to the with a copy to the Union. If the Director of Operations’ reply is not satisfactory to the employee or failing the reply at Step the employee or the Union has ten (10) days from the expiry of the time limit for the Director’s reply in which to transmit the grievance to Step This shall be commenced done by submitting the grievance, in writing, to the Director of Human Resources, or designate. The Director or designate will give a written reply to the with a copy to the Union within ten (10) days following of the incident which caused the grievance. Any claims not conforming to the provisions receipt of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer Director of the immediate supervisor received in Step 1 Human Resources’ reply is not satisfactory to the employee, employee or failing the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved reply at Step 2, the decision rendered may be appealed to employee or the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.has ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: The Employer and the Association agree that it is important to resolve complaints and grievances as quickly as possible. The Nurse, the Association or the Employer may present a complaint at any time without recourse to the formal grievance procedure. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays as defined in Article shall not be counted. At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. A grievance is shall be defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. Any grievance filed shall refer Step One: It is the mutual desire of the parties to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances this agreement that differences shall be commenced resolved as as possible and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) working days after the grievance has been presented circumstances giving rise to it have occurred or ought reasonably to have come to the supervisorattention of the nurse. He/she Mer the discussion, the supervisor shall have his/confirm her xxxxxxx presentresponse in writing. No Failing settlement within five (5)working days, it shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the taken up as a grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) working days following receipt of the written immediate supervisor's decision. Step Two: A nurse will submit a in writing to the Executive Director stating the nature of the grievance, the Division Commander, or his/her representative, remedy sought and the provisions of the Agreement which are alleged to have been violated. The Director shall schedule a meeting meet with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx Association within ten (10) working days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter referral and shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal render her decision in writing within ten (10) working days following of such meeting.. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising a right under this Agreement. 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 with the Employer at Step Two within five (5) working days after the date the discharge or suspension is affected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 8.01 Any nurse(s) or the Association making a complaint and/or grievances shall have the right of Union representation at any or all steps of the grievance procedure. The Employer shall inform the nurse(s) of this right.
8.02 It is the mutual desire of the parties that grievances shall be adjusted as quickly as possible. It is understood that a nurse(s) has no grievance until he or she has first [1st] given his or her immediate manager an opportunity to adjust the complaint. Any complaint shall be discussed with the manager concerned within five (5) working days after the circumstances giving rise to the complaint became known to the nurse, or ought to have become known to the nurse. If the manager is unable to adjust the complaint to the nurse's satisfaction within five (5) working days, the nurse may proceed with the grievance procedure at Step 1.
8.03 A grievance is defined as a claim reasonably and sensibly founded on an complaint relating to the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10taken up in the following manner: Any nurse(s) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with must submit the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the written grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative form to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof manager within five (5) working days of the manager’s response to the nurse's verbal complaint. The grievance shall identify the nature of the grievance, the relevant articles of the Agreement and the remedy requested. His/her manager shall reply in writing to the nurse within five (5) working days from the date the complaint or grievance was brought to his/her attention. If further action is to be taken, then within five (5) working days after the decision is rendered in Step #1, the nurse shall submit the grievance to the Administrator and/or Designate. A meeting will then be held between the Administrator and/or Designate and the nurse(s), the Grievance Committee and the Labour Relations Officer at a time mutually agreeable to the Employer and the Association. The decision of the Administrator and/or Designate shall be given in writing to the nurse(s) within five (5) working days following receipt the meeting. Should the Administrator and/or Designate fail to render a decision or the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to Arbitration.
8.04 Should the Employer discharge, suspend or discipline any nurse(s), notification by the Employer to such nurse(s) shall be made in the presence of a Nurse Representative, unless such representation is specifically waived by the nurse. The nurse(s) and the Nurse Representative shall be provided with written reasons for the discharge, suspension or discipline. Should the nurse(s) wish to file a grievance against a suspension or discharge, it shall be reduced to writing and filed under Step #2 of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingGrievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as 8.01 Any nurse(s) or the Association may present a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer complaint at any time without recourse to the specific provision alleged to have been violated and shall adequately set forth formal written procedure contained herein, but in the facts pertaining to the alleged violation. All normal course of events grievances shall be commenced within ten (10registered with the Employer as follows: A nurse(s) days following or the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having Association on her/their behalf or in its own stead may present a grievance in connection with writing to the terms Director of this Agreement shall present it as followsNursing. Both parties Such a grievance must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten seven (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (37) days of said meeting, but in no event more than six (6) days after the grievance has been presented its occurrence or when it came to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by attention of the Sheriff nurse or his designated representativethe Association. The employee Director of Nursing shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received render a decision in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof writing within five (5) days following receipt of the Division Commander's written answer in day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step 2No. Upon appeal, the matter shall 2 may be recon- sidered at a meeting scheduled followed within ten (10) days. The Union grievance shall be represented referred to the Administrator or his designate who shall call a meeting of the Grievance Committee within seven (7) days of the submission of the grievance at this meeting Step No. 2 unless extended by agreement of the xxxxxxx parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the business agentgrievor may be present at the meeting. It is further understood that the Home Administrator or his designate may have such counsel and assistance as he/she may desire at such meeting. The Employer decision of the Home shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal delivered in writing within ten seven (107) days following the date of such meeting. If the decision is unsatisfactory to the nurse or the Association, it may be referred to arbitration in accordance with the arbitration procedure.
8.02 At any step in the grievance procedure, including the complaint stage, the nurse may be accompanied by/or represented by her nurse representative or any other Association official.
8.03 A complaint or grievance arising directly between the Home and the Association concerning the interpretation, application or alleged violation of the Agreement, shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Home will be forwarded in writing to the Local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses' Association. The grievance shall then be treated as having been initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
8.04 Where the Association files a grievance on behalf of a nurse(s), or where a number of nurses have identical grievances, they may present a group grievance in writing to the Administrator, or his designate, within fourteen
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed the nurse’s complaint with nurse’s Nurse Manager, and the matter has not been resolved. The nurse may be accompanied by a nurse representative, or another member of the bargaining unit of the nurse’s choice, to discuss the nurse’s complaint.
10.02 A grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement. Any grievance filed shall refer , including any question as to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationwhether a matter is arbitrable. All grievances shall be commenced within ten (10) days following the incident which caused in writing, contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement alleged to have been violated. Any claims not conforming A grievance must be filed within seven (7) calendar days of the circumstance giving rise to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having 10.03 The following shall be the procedure for handling and processing grievances submitted by the nurse. The nurse may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the nurse’s immediate supervisor. He/she , and Executive Director or designate who shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed give a decision within three seven (37) calendar days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the nurse may submit the written grievance to the Executive Director or her designate within seven (7) calendar days following the decision rendered in Step #1. A meeting will be held between the Employer and the Grievance Committee within fourteen (14) calendar days of the referral. It is agreed that a staff representative of the Union may be appealed to present at the Sheriff by giving meeting and that the Sheriff written notice thereof Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be delivered within five seven (57) calendar days following receipt of the Division Commander's written answer in Step 2. Upon appeal, meeting.
10.04 A claim by a nurse who has completed the matter probationary period that she has been unjustly discharged or suspended without just cause shall be recon- sidered at treated as a meeting scheduled within ten (10) days. The Union shall be represented at this meeting grievance if a written statement of such grievance is lodged by the xxxxxxx and nurse with the business agent. The Employer shall at Step #2 within seven (7) calendar days after the date the discharge or suspension is imposed
10.05 A nurse is entitled to be represented by a union representative or another available bargaining unit member of the Sheriff and/or other nurse’s choice at the time that discipline is to be imposed. In the case of suspension or discharge, the Employer representatives. The Sheriff shall reply to notify the appeal nurse of this right in writing within ten (10) days following such meetingadvance .
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as 8.01 Any nurse(s) or the Association may present a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer complaint at any time without recourse to the specific provision alleged to have been violated and shall adequately set forth formal written procedure contained herein, but in the facts pertaining to the alleged violation. All normal course of events grievances shall be commenced registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days following of the incident which caused the grievance. Any claims not conforming date of its occurrence or when it came to the provisions attention of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in nurse or the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjustedAssociation. The supervisor Director of Nursing shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but render a decision in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof writing within five (5) days following receipt of the Division Commander's written answer in day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step 2No. Upon appeal, the matter shall 2 may be recon- sidered at a meeting scheduled followed within ten (10) days. The Union grievance shall be represented referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at this the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting by or within five (5) days following submission to the xxxxxxx Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the business agentChairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Employer Association shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal give its decision in writing within ten (10) days following such meetingafter receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration 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, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined 7.01 In order to ensure that complaints of Nurses shall be remedied as a claim reasonably quickly as possible, the parties agree that the procedure for submitting and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All dealing with grievances shall be commenced as follows: It is understood that a Nurse has no grievance until she/he has first given her/his Program Manager an opportunity to adjust her/his complaint. If a Nurse has a complaint, she/he shall, with the assistance of a member of the Grievance Committee if desired, discuss it with her/his Program Manager within ten five (105) working days following after the incident which caused the grievance. Any claims not conforming circumstances giving rise to the provisions complaint have originated or occurred, or within five (5) working days of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms time she/he reasonably ought to have known of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjustedcircumstances. The supervisor Program Manager shall meet with communicate her/his reply to the employee to discuss the grievance and will attempt to respond to said grievance complainant within three (3) working days and if not satisfied, the complainant may file a written grievance in the following manner and sequence: The Nurse may with the assistance of said meetinga member of the Grievance Committee if desired, but in no event more than six submit a written grievance signed by her/him to the Director, Public Health within five (65) working days after she/he has received the grievance has been presented to reply of the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representativeProgram Manager. The employee shall suffer no loss of pay for the time spent Director, Public Health will hold a meeting within seven (7) working days, with the supervisor Grievance Committee to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy nature of the grievance and the remedy sought shall be sent clearly set out in the grievance. The Director, Public Health will deliver her/his decision in writing within five (5) working days from the date of the meeting to the Labor Relations Manager of the CountyBargaining Unit President. Failing settlement, then: Within five (5) working days following receipt the decision under Step No. 1, the Nurse must, with the assistance of a member of the Grievance Committee if desired, present the written grievancegrievance to the General Manager, the Division Commander, or his/her representative, shall schedule Health and Family Services who will hold a meeting within seven (7) working days, with the xxxxxxx and the affected employee for the purpose of discussing Grievance Committee, to discuss the grievance. The Division CommanderGeneral Manager, or hisHealth and Family Services will give her/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the his decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof in writing within five (5) working days following receipt from the date of the Division Commander's written answer in Step 2meeting to the Bargaining Unit President and copied to the Labour Relations Officer. Upon appealFailing settlement, the matter shall grievance may be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply submitted to the appeal in writing within ten (10) days following such meetingarbitration.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A A.4.1 For the purposes of this Collective Agreement, a grievance is defined as being a claim reasonably and sensibly founded on an alleged that there has been a violation of this Collective Agreement and that the Board or the Union has acted, for the purpose of application, administration or interpretation, in a manner which violates this Collective Agreement.
A.4.2 If any employee has a complaint, the employee shall first discuss the complaint with his immediate supervisor. Any For purposes of the grievance filed procedure, the immediate supervisor is defined as follows: In a school, the immediate supervisor shall refer be the Principal, Vice-Principal or designate; in the Community Education Centres, Education Centres and the Maintenance Centre, the immediate supervisor shall be the Foreperson or Supervisor of Facility Services or Supervisor of Maintenance Services as applicable.
A.4.3 If the discussion with the immediate supervisor does not result in a settlement of the complaint within a period of five (5) working days, and the employee wishes to proceed further, then the following steps in the Grievance Procedure should be followed. Management’s written reply, at all steps, shall be addressed and sent to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. xxxxxxx involved.
A.4.3.1 Step 1: All written grievances shall must be commenced submitted within ten (10) working days following after the incident circumstances which caused the grievance. Any claims not conforming gave rise to it came, or ought to have come, to the provisions attention of this definition the individual concerned. The aggrieved employee shall first contact his xxxxxxx. If the xxxxxxx considers the matter to be automatically a grievance, as defined in A.4.1, then the employee, accompanied by his xxxxxxx, may present his grievance to his immediate supervisor, as not constituting a valid grievance.
8.2: An employee having a grievance defined in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step A.4.2, in the area or work location where the grievance processis alleged to have occurred. STEP 1 The grievance shall be verbally presented in writing, signed by the employee xxxxxxx, and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that shall advise Management of the remedy sought and any provision of this Collective Agreement upon which the grievance be adjustedis based. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented provide to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employeexxxxxxx, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof including rationale within five (5) working days following receipt after the meeting. In the normal course, neither the Assistant Manager of Caretaking nor the Division Commander's written answer Assistant Manager of Maintenance will have been present at the Step 1 meeting; however, in the event either one does attend the meeting, then it will be considered to have been a Step 2. Upon appeal, 2 meeting and if the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by takes the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply grievance forward they may proceed directly to the appeal in writing within ten (10) days following such meetingStep 3.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer Collective Agreement including any question as to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationwhether a matter is arbitrable. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the article(s) of this Collective Agreement and must be filed within ten (10) days following of the incident which caused the grievance. Any claims not conforming circumstance giving rise to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree writing to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor supervisor, or designate, who shall give her decision within said ten five (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (35) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the decision rendered employee may be appealed submit the written grievance to the Sheriff by giving the Sheriff written notice thereof Executive Director or her designate within five (5) days following receipt of the Division Commander's written answer decision in Step 2#1. Upon appeal, A meeting will be held between the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx Employer and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing grievance committee within ten (10) days following of the referral. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Employer's decision will be delivered within five (5) days of the meeting. An employee is entitled to be represented by a union representative or another available bargaining unit member of the employee's choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.
10.04 A claim by an employee 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 employee with the Employer at Step #2 within five (5) days after the date the discharge or suspension is imposed.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 30.1 A grievance is defined as a claim reasonably and sensibly founded on that the City has violated an alleged violation express provision of this AgreementContract, and does not include any disciplinary matters.
30.2 Any officer or group of officers or the Association may discuss any matter with their Division Chief, Deputy Chief or the Chief, without invoking the formal grievance procedure provided for in this Article. Any grievance filed No agreements reached in such informal discussion shall refer be binding on the Association or any other officer nor shall they be binding on the City or officer raising the issue except for the specific incident which led to the specific provision alleged to have been violated and discussion.
30.3 Neither the City nor the Association shall adequately set forth the facts pertaining to the alleged violation. threaten or coerce any officer for filing a grievance under this Contract.
30.4 All grievances shall be commenced settled in the following manner:
Step 1. A grievance must be initiated by either an aggrieved officer or by the Association on behalf of one or more member(s) of the bargaining unit. The grievant must reduce the grievance to writing and present the written grievance to the Deputy Chief within thirty (30) calendar days after the grievant knew or should have known of the facts which gave rise to the grievance. The written grievance must contain (a) a statement of the grievance and the facts upon which it is based; (b) the specific section(s) of the Contract allegedly violated; and (c) the remedy or adjustment sought. In addition, if the grievance is initiated by the Association, the written grievance shall identify the name of the member(s) on whose behalf the Association is filing the grievance. The Deputy Chief shall hold a meeting with the grievant within ten (10) calendar days following from the incident which caused the grievance. Any claims not conforming to the provisions receipt of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance and shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that calendar days from the date of such meeting issue a written response to the grievant and the Association. The Association shall be given notice of the meeting and shall have the right to attend if it so chooses.
Step 2. If the grievance be adjusted. The supervisor is not resolved at Step 1, the grievant shall meet with have fifteen (15) calendar days from the employee issuance of the Step 1 denial to discuss present the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisorChief. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three Within fifteen (315) calendar days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to Chief shall hold a meeting with the Sheriff by giving the Sheriff written notice thereof within five (5grievant and representative(s) days following receipt of the Division Commander's written answer in Step 2Association. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.Within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined 5.01 Should differences arise as a claim reasonably and sensibly founded on an to the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the express provisions of this definition Agreement, such differences shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented adjusted according to the supervisorfollowing provisions. He/she shall have his/her xxxxxxx present. No settlement Any adjustments so made shall be final and binding upon both parties and any employee affected.
5.02 The words "individual grievance" where used in this Agreement shall mean the complaint by any employee against the Company alleging failure to comply with a provision of this Agreement. An employee shall not have an individual grievance until it he has been approved by first given the Sheriff Union xxxxxxx an opportunity to discuss his complaint with the Department Manager or his designated representative. Individual or group grievances shall be adjusted and settled as follows: An individual grievance must be presented in writing to the Department Manager or his representative within ten working days after the circumstances which gave rise to the grievance occurred or should have reasonably become known to the employee concerned. Such individual grievance shall state the nature of the grievance, the act or acts complained of and when they occurred, the identity of the employee who claims to be aggrieved, the specific section or sections of this Agreement that the employee claims that the Company has violated and the remedy he seeks. The employee Department Manager or his representative shall suffer no loss of pay for the time spent meet with the supervisor xxxxxxx within three working days of his receipt of the individual grievance and render his decision in writing to the xxxxxxx not later than three working days next following the date upon which the meeting was held.
1. Upon such an appeal, the individual grievance shall be considered at a meeting of the Finance Director or other appropriate management representative with the xxxxxxx who may be accompanied by an outside representative of the Union and the individual grievor, this meeting to be held within ten working days of the notice of the appeal to the Finance Director. The decision of the Finance Director shall be rendered in writing within three working days of the meeting and failing settlement, the Union may, within fifteen working days of such decision (but not thereafter), refer the matter to a board of arbitration or sole arbitrator as hereinafter provided. The parties may mutually agree to a third step meeting to discuss resolution of the grievance.
5.03 The Union may submit a Union or policy grievance in writing. Such grievance must be covered by a provision of this Agreement. Such grievance must be filed in writing with the Finance Director within ten working days after the circumstances giving rise to such grievance have occurred or shall have reasonably become known to the Union or a xxxxxxx in the case of a Union or policy grievance. The grievance shall state the nature of the grievance, the act or acts complained of and when they occurred, the specific section or sections of this Agreement that the Union claims that the Company has violated and the remedy that the Union seeks. The grievance shall be considered at a meeting of the Finance Director or his designate with the xxxxxxx who may be accompanied by an outside representative of the Union, this meeting to be held within ten working days after the filing of the grievance. The answer decision of the immediate supervisor Finance Director shall be rendered in writing within three working days of the meeting and failing settlement, the Union may, within fifteen working days of such decision (but not thereafter) refer the matter to a board of arbitration or sole arbitrator as hereinafter provided.
5.04 The Company may submit a written grievance to the Union. Such a grievance must be covered by a provision of this Agreement. Such grievance must be filed in writing with a xxxxxxx within ten working days after the circumstances giving rise to such grievance have occurred or shall have reasonably been known to the Company. Such a grievance shall state the nature of the grievance, the act or acts complained of and when they occurred, the identity of any employees or Union representatives involved, the specific section or sections of this Agreement the Company claims the Union, its representatives and/or any employees have violated and the remedy the Company seeks. Such a grievance shall be considered at a meeting of the Finance Director or other appropriate management representatives with the xxxxxxx who may be given verballyaccompanied by an outside representative of the Union, this meeting to be held within ten working days after the filing of the Company grievance. STEP 2 The decision of the Union shall be rendered in writing within three working days of the meeting and failing settlement, the Company may, within fifteen working days of such decision (but not thereafter) refer the matter to a board of arbitration or sole arbitrator as hereinafter provided.
5.05 All time limits contained in the grievance procedure shall, unless the parties mutually agree to an extension thereof in writing, be met by each party. Should the Company fail to observe the time limits specified with respect to an individual, Union policy or group grievance, such grievance shall be automatically advanced to the next step. Similarly, should the Union fail to observe the time limits specified for a Company grievance, such grievance shall be automatically advanced to the next step.
5.06 Where a difference arises between the parties relating to the interpretation, application or administration 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, either of the parties may, after exhausting the appropriate grievance procedures established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's nominee to an arbitration board. The recipient of the notice shall with ten working days inform the other party of its nominee to the arbitration board. The two nominees so selected shall, within ten days (or such further period as agreed by the parties in writing) of the appointment of the second of them, appoint a third person who shall be the chairperson. If the answer recipient of the immediate supervisor received notice fails to agree upon a chairperson within the time limit, the appointment of a qualified person shall be made by the Minister of Labour for Ontario upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision. The decision of a majority of the arbitration board is the decision of the arbitration board, but if there is no majority the decision of the chairperson governs. Nothing herein shall prohibit the parties from agreeing to proceed before a sole abitrator.
5.07 The arbitration board or sole arbitrator, as the case may be, shall be without jurisdiction to make any decision inconsistent with the provisions of this Agreement, amend any provision of this Agreement, or substitute any new provisions in Step 1 lieu thereof.
5.08 No person who is not satisfactory to employed by the employee, Company or the Union or has been involved in any discussions concerning the grievance shall be appealed within three (3) days permitted to act as nominee of receipt either party, chairperson to a board of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name arbitration or sole arbitrator to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If which the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt referred for arbitration.
5.09 Each of the Division Commander's written answer in Step 2. Upon appeal, parties hereto will bear the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting expenses of the nominee appointed by the xxxxxxx it and the business agent. The Employer parties shall be represented by jointly bear the Sheriff and/or other Employer representatives. The Sheriff shall reply to expenses, if any, of the appeal in writing within ten (10) days following such meetingchairperson of the arbitration board or the sole arbitrator as the case may be.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 10.01 It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within seven (7) days after the circumstances giving rise to it have occurred. If the complaint is not settled, it shall be taken up as a grievance within ten (10) days of the discussion in the following manner and sequence.
10.02 For the purposes of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.
10.03 The following shall be the procedure for handling and processing grievances submitted by the nurse. The nurse may be accompanied by a nurse representative, if the nurse wishes, and may submit a written grievance signed by the nurse to her immediate supervisor/manager. The grievance shall identify the nature of the grievance, the provisions of this Agreement. Any grievance filed shall refer to the specific provision Agreement which are alleged to have been violated and the remedy which is sought. The immediate supervisor/manager will deliver her decision in writing within seven (7) days following the day on which the grievance was presented to her. Failing settlement, then: Within seven (7) days following the decision under Step No.1, the nurse shall adequately set forth submit the facts pertaining written grievance to the alleged violationDirector or her designate. All grievances A meeting will be held between the Director or her designate and the Grievance Committee within ten (10) days. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at such meeting. The Decision of the Director shall be commenced delivered within ten (10) days of the meeting.
10.04 A claim by a nurse, except a probationary nurse, 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 nurse with the Employer at Step No.2 within seven (7) days after the date the discharge or suspension is imposed. A claim by a nurse, except a probationary nurse, that she has been unjustly disciplined (other than discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.01 and 10.03.
10.05 At the time formal discipline (including discharge) is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted at Step No.2 within ten (10) days following the incident which caused the circumstances giving rise to this grievance. Any claims not conforming to It is expressly understood, however, that the provisions of this definition Article may not be used with respect to a grievance directly affecting a nurse or nurses which such nurse could have herself instituted and the regular grievance procedure shall not be automatically defined as not constituting a valid grievancethereby be bypassed.
8.2: An employee having 10.07 Where a grievance in connection with the terms number of this Agreement shall nurses have identical grievances and each nurse would be entitled to grieve separately, they may present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the a group grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and signed by signing his/her name to the grievanceeach nurse who is grieving, to the Division CommanderDirector or her designate, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If after the circumstances giving rise to the grievance is not satisfactorily resolved having occurred. The grievance shall then be treated as being initiated at Step 2No.2 and shall continue through the procedure as outlined above.
10.08 Failing settlement of any grievance under the foregoing procedure, the decision rendered grievance may be appealed submitted to arbitration as hereinafter provided. If no written notice of referral to arbitration is received within twelve (12) days after the decision under Step No.2 is given, the grievance shall be deemed to have been abandoned. When either party wishes to have a grievance referred to arbitration it shall be given written notice of such referral to the Sheriff by giving other party within the Sheriff written notice thereof within five (5) days following receipt of time limits set out above, and at the Division Commander's written answer in Step 2same time appoint its nominee to the Arbitration Board. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within Within ten (10) days, the other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the party invoking the arbitration procedure. The Union two nominees shall attempt to select, by agreement, a chairperson of the Arbitration Board.
10.09 No matter may be represented at this meeting by submitted to arbitration which has not been properly carried through all requisite steps of the xxxxxxx grievance and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingarbitration procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 29.01 A grievance is defined as a claim reasonably and sensibly founded on complaint by an alleged violation employee that an expressed provision of this AgreementAgreement was violated by the Company. Any grievance filed shall refer It is understood and agreed that every effort will be made by the employee, the employee’s supervisor and the union representative to resolve an issue prior to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances filing of any grievance.
29.02 A grievance shall be commenced processed as follows:
Step I: A grievance shall be filed by an employee, within ten (10) calendar days following of the incident which caused alleged violation by submitting such grievance in writing to the employee’s immediate supervisor. All grievances submitted must contain a full and detailed statement of all facts giving rise to the grievance, including names and dates, together with the expressed provisions alleged to have been violated. Any claims not conforming The supervisor shall give a written answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that calendar days to the grievor and if denying the grievance be adjustedresolution sought, shall state in writing such reasons for denial.
Step II: If the grievance is not satisfactorily adjusted or otherwise settled as provided in Step I, the Union shall have ten (10) calendar days following receipt of the Supervisor’s written answer to submit the grievance to the General Manager. The supervisor General Manager or his designee shall meet meet, upon request, with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor Union representative to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance Company shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit give a written answer to the affected employee and the xxxxxxx Union representative within ten (10) calendar days following such of the meeting. STEP 3 If , and if denying the grievance resolution sought, shall state in writing such reasons for denial. If no meeting is not satisfactorily resolved at Step 2requested, the decision rendered may be appealed General Manager shall give a written answer to the Sheriff by giving the Sheriff written notice thereof Union within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance A. The College and the Union recognize that it is defined as a claim reasonably in their mutual interest to resolve immediately and sensibly founded on an alleged violation amicably, at the lowest level and with the least involvement of supervisory authority, any dispute concerning the application, interpretation, effect, purpose or breach of any term or condition of this AgreementAgreement which may arise between them. Any grievance filed shall refer Therefore, prior to the specific provision alleged to have been violated and shall adequately institution of the formal grievance procedure set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions in Section B of this definition shall be automatically defined Article, the College, the Union and/or any employee may seek to resolve any such dispute informally so long as any resolution of the dispute does not constituting a valid grievance.
8.2: An employee having a grievance in connection with violate the terms of this Agreement and, if one of the disputants is an employee, an authorized representative of the Union is given the opportunity to be present, as required by law.
B. If any dispute concerning the application, interpretation, effect or breach of any term or condition of this Agreement arises between the College and the Union, the parties shall present it as followsattempt to settle and adjust the dispute in accordance with the following formal procedures:
Step 1. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented in writing by an authorized representative of the employee and Union representative or the Union xxxxxxx, to his/her the grievant's immediate supervisor within said ten thirty (1030) day period, requesting that calendar days from the date of the occurrence giving rise to the grievance be adjustedor from the date on which the grievant reasonably should have become aware of the occurrence, whichever is later. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor grievant may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representativepresent at this presentation. A copy of the written grievance shall promptly be sent delivered by the Union to the Labor Relations Manager Director of the County. Within five (5) days following receipt of the written grievance, the Division Commander, Human Resources or his/his or her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievancedesignee. The Division Commander, or his/her representative, grievant's supervisor shall submit a written answer respond to the affected employee and the xxxxxxx grievance in writing within ten (10I 0) working days following such meetingfrom the day of its presentation. STEP 3 If the grievance is not satisfactorily resolved settled or withdrawn at Step 2I, the decision rendered may it shall immediately be appealed subject to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt provisions of the Division Commander's written answer in Step 2.
Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within Within ten (10) daysworking days from receipt of the response required by Step I, the grievance shall be presented in writing by an authorized representative of the Union to the Department Head of the Department in which the grievant is employed and to the Director of Human Resources or designee. The Union Director of Human Resources or his or her designee shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply respond to the appeal grievance in writing within ten (10) working days following from the date of its presentation.
Step 3. If the grievance is not satisfactory settled or withdrawn as a result of Step 1 and 2, within ten (10) working days after receipt of the answer required at Step 2, unless the parties otherwise agree, either party may notice all or part of the grievance for arbitration. Referral to arbitration shall be by written notice of intention to arbitrate which shall be deliver dot the other party and to the appropriate arbitrator on the parties' agreed•to arbitrator panel. Such notice of intention to arbitrate shall state, in summary form, the nature of the grievance as well as the provision of this Agreement which allegedly was violated. The parties maintain a panel of Arbitrators to be assigned to hear arbitrators between the parties on a rotating basis and subject to availability. Arbitrators shall be selected in alphabetical order. If the next scheduled arbitrator from the panel is for some reason unable to schedule the arbitration hearing within a reasonable time, the parties may, by mutual agreement, refer the matter to the next arbitrator on the panel. If at some time the panel falls below six, the parties shall meet to mutually agree on such meetingadditional arbitrators as are necessary to restore the panel to six. The arbitration shall be conducted under the voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association. The arbitrator shall have no authority to add to, subtract from, modify or change in any way the provisions of this Agreement. The arbitrator shall have the full authority to issue an award in a written opinion and make such other rulings as the arbitrator, in his or her sole discretion, shall determine. The parties may, however, mutually agree to direct that the arbitrator dispense with a written opinion and instead simply issue a written award without a detailed opinion. In the case of a discharge grievance, the selected arbitrator must be able to schedule the arbitration hearing within ninety days of his/her receipt of the arbitration referral. If the arbitrator is unable to comply, the next arbitrator will be contacted. The process will continue until such time as arbitration is able to schedule a hearing date within ninety days. It is the intent of the parties that all unresolved disputes between them concerning the application, interpretation, purpose or breach of any term or condition of this Agreement may be submitted to arbitration, but that only the College and the Union shall have the authority to compel arbitration of any unresolved grievance. All necessary expenses of arbitration shall be borne equally by the College and the Union. The award of the arbitrator shall be final, conclusive and binding on the College, the Union and the employees.
1. Any grievance made on behalf of the College shall be initiated by the Director of Human Resources or the Director of Human Resources' authorized designee by the delivery of a written statement of the grievance to the Shop Xxxxxxx of the Union or the Shop Xxxxxxx'x authorized designee, and the Union shall respond to the grievance in writing within five (5) working days.
2. If the grievance is not satisfactorily settled or withdrawn, the College may file a demand for arbitration in accordance with the provisions of Step 3 of paragraph B of this Article.
D. A grievance involving a discharge or a grievance which the College's representative designated at Step I lacks authority to settle may be presented initially at Step 2 by the Union. The College's representative shall inform the authorized Union representative in the event that the College representative lacks authority to settle the grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as an allegation of a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any Such a grievance filed shall refer be acted upon in the manner described below. Time limits may be extended by mutual written consent of the parties. Items that are not a part of Article I through Article XVI of this Agreement shall not be subject to grievance procedures. If the University fails to respond to any step of the grievance process, after the prescribed time limits, the Union may submit the grievance to the specific provision alleged next step. Employees shall have unobstructed use of the grievance procedure without fear of reprisal or prejudice. Any employee-initiated grievance will begin with an effort to have been violated and shall adequately set forth resolve the facts pertaining to perceived violation of the alleged violation. All grievances shall be commenced Agreement informally within ten (10) working days following of the incident which caused the grievance. Any claims not conforming event that gave rise to the provisions grievance or knowledge of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representativeits occurrence. The employee shall suffer no loss of pay for the time spent will request a face-to-face meeting with the supervisor to discuss the problem. If the problem remains unresolved after the meeting, the employee may proceed to Step One of the formal grievance process. The second paragraph is interpreted to require that the grievant start with the informal grievance unless the grievance is about the supervisor’s personal behavior toward the grievant, as outlined in Article XIII in which case the grievance will be filed at Step One. See discrimination complaint procedure.
Step 1: If the issue is not resolved informally, then the matter shall be reduced to writing and submitted to the Chief within ten (10) calendar days of the occurrence of the event giving rise to the grievance. The answer written grievance shall state the action alleged to violate the contract, the contract provision violated, and the relief requested. The Chief or his designee shall meet with the grievant and a Union representative within ten (10) calendar days. The Chief or his designee shall respond to the grievance in writing with ten (10) calendar days.
Step 2: Upon receipt of the immediate supervisor may be given verballyStep 1 response or the expiration of the time for receiving the Step 1 response, the grievant shall have ten (10) calendar days to appeal the response in writing to the Office of Human Resources. STEP 2 Upon receipt of the appeal, the designated Human Resources official shall meet with the grievant and a Union representative within fifteen (15) calendar days. He/she shall provide a written response to the appeal within ten (10) Step 3: If the answer of decision at Step 2 does not resolve the immediate supervisor received in Step 1 is not satisfactory to the employeegrievance, the grievance shall be appealed within three (3) days of receipt reduced to writing citing the complaint, the remedy sought and the relevant Articles of the answer in Step 1 by submitting Contract. The written grievance will be submitted to the grievance in writing, specifying the provisions Administrator of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx designee within ten (10) days following such meetingworking days. STEP 3 If A representative from the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt Administration of the Division Commander's written answer in Step 2. Upon appeal, shall discuss the matter shall be recon- sidered at a meeting scheduled grievance within ten (10) daysworking days of receipt with the aggrieved employee, the Union Xxxxxxx, the President of the Local or Chairman of the Grievance Committee, and the Council 81 Representative may attend but is not required. The Union Administrator of the Division or designee shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal respond in writing within ten (10) working days following such of the meeting. Step 3a: In an attempt to settle grievances amicably that are unresolved, both the Union and the University can agree to mediation overseen by the FMCS. Said service shall be mutually requested in writing. Both the University and Union must agree with the mediator’s recommendation in writing in order for it to be binding.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1Any complaint, disagreement or difference of opinion between the parties hereto concerning the interpretation, application, operation, or any alleged violation of the terms and provisions of this Agreement, shall be considered a grievance and shall be settled in the following manner: A Stage I When a grievance occurs, the employee concerned or the Union will, within thirty (30)days, submit the grievance in writing to the Contact Supervisor concerned. Contact Supervisor is defined as a claim reasonably and sensibly founded on an alleged violation the first level of this Agreement. Any grievance filed shall refer to management outside of the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10bargaining unit.) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both The parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to will discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representativesettle it. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received Contact Supervisor will give a decision in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof writing within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the grievance being submitted to The matter shall be recon- sidered deemed to be resolved at a meeting scheduled Stage I unless within ten (10) daysworking days of the written decision of the Contact Supervisor the Union refers the matter to the Industrial Relations Manager. Within ten (10) working days of this referral the Industrial Relations Manager shall give a decision in writing. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within have ten (10) working days following to decide whether or not it will accept the decision of the IndustrialRelations Manager. Grievances other than those involving individualemployees may be initiated at Stage by either party. The matter shall be deemed to be resolved at Stage unless within ten working days of the written decision of the IndustrialRelations Manager, the Union refers the matter to the Mill Manager. Within ten (10) working days of this referral the Mill Manager shall give a decision in writing. The Union shall have twenty-two (22) working days to decide whether it will accept the decision of the Mill Manager or proceed to arbitration. If no settlement is reached under the foregoing procedure or where any difference arises between the parties as to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether the matter is arbitrable or not the matter may be referred by either party to a single arbitrator who shall be selected by agreement of the parties or failing such meetingagreement within ten days be selected by the Minister of Labour. The single arbitrator shall the matter and render a decision as soon as possible, which decision shall be final and binding on both parties for the duration of the Agreement. Where an employee has been dismissed, suspended or otherwise disciplined, the arbitrator may, pursuant to the provisions of Section Subsection and of the Labour Code of British Columbia, substitute such other penalty for the dismissal, suspension or discipline as the arbitrator considers just and reasonable in all the circumstances. The arbitrator shall not have the power to change, amend or modify any of the provisions of this Agreement. Each party to this Agreement shall be responsiblefor one- half (%) of the fees and expenses of the single arbitrator including any disbursements incurred by the Arbitration proceedings. The time limits provided in Stages I, and of the Grievance Procedure may be extended or waived by either party by mutual agreement providing the request is in writing and is within the time frame provided. the Company fails to respond in writing within the prescribed time limits at any stage, either giving a decision or requesting an extension, the grievance will automatically advance to the next stage.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer Collective Agreement including any question as to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationwhether a matter is arbitrable. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement and must be filed within ten (10) days following after the incident which caused the grievance. Any claims not conforming circumstance giving rise to the provisions grievance occurred or ought reasonably to have come to the attention of this definition the grievor.
10.03 The following shall be automatically defined as not constituting a valid grievance.
8.2: An the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree writing to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor who shall give her decision in writing within said ten five (105) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) working days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the decision rendered employee may be appealed submit the written grievance to the Sheriff by giving the Sheriff written notice thereof Executive Director or her designate within five (5) days following receipt of the Division Commander's written answer decision in Step 2#1. Upon appeal, A meeting will be held between the matter shall be recon- sidered at a meeting scheduled Employer and the grievance committee within ten (10) daysdays of the referral. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Union shall Employer’s decision will be represented at this meeting by delivered within five (5) days of the xxxxxxx and the business agentmeeting. The Employer shall An employee is entitled to be represented by a union representative or another available bargaining unit member of the Sheriff and/or employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.
10.04 A claim by an employee, except a probationary employee, 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 employee with the Employer at Step #2 within five (5) days after the date the discharge or suspension is imposed A claim by an employee, except a probationary employee, that she has been unjustly disciplined (other Employer representativesthan discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.02 and 10.03.
10.05 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 fourteen (14) calendar days after the circumstances giving rise to the grievance having occurred or ought to have come to the attention of the nurse(s). The Sheriff grievance shall reply then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the appeal processing of such grievance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing at Step #2 within ten (10) days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such meetingnurse(s) could have herself instituted and the regular grievance procedure shall not be thereby bypassed.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A. A grievance is defined as a claim reasonably and sensibly founded on an alleged violation by a unit member or by the Association that the District has misrepresented or misapplied one or more of the provisions of this Agreement.
B. The District and the Association shall work to promptly settle all grievances through the following internal grievance procedure. Any This procedure begins with an informal problem solving meeting with the grievant’s site administrator and may progress to a formal written grievance if no resolution is reached. The unit member is entitled to representation at all levels of the grievance procedure. Informal (P-23a form): The unit member is encouraged to attempt to resolve his/her grievance at the informal level, by meeting with the building principal or site administrator as soon as possible after the incident which gave rise to it. Level 1 (P-23b form): If the problem is not resolved at the Informal Level, the unit member must then state his/her grievance in writing, citing the nature of the District’s alleged misinterpretation or misapplication of a particular provision or provisions of this Agreement and stating the relief he/she is requesting. To be a valid grievance, the unit member’s written grievance must be signed by him/her or his/her representative, and filed (date stamped) with his building principal or site administrator, within 30 working days after he/she knew, or should have known, of the incident which gave rise to it. A meeting between the unit member and his/her principal or site administrator shall refer take place within five (5) working days from the filing of the grievance. Level 2 (P-23c form): If the unit member is not satisfied with the District’s decision at level 1 or there has been no decision within the prescribed time limit, he/she must then forward his/her written grievance to the specific provision alleged to have been violated and shall adequately set forth District’s Superintendent or the facts pertaining to the alleged violation. All grievances shall be commenced Superintendent’s designee within ten (10) working days following of the incident which caused receipt of the grievanceDistrict’s Level 1 written reply, or of its due date. Any claims not conforming to A meeting between the provisions of this definition unit member and the District Superintendent or the Superintendent’s designee shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor take place within said ten (10) day period, requesting that working days from the District’s receipt of his/her grievance be adjustedat Level 2. The supervisor Superintendent or the Superintendent’s designee shall meet with the employee have a written reply to discuss the grievance and will attempt to respond to said grievance within three ten (310) days of said meeting, but in no event more than six (6) working days after the grievance Level 2 meeting. (P-23c form)
C. If the unit member is not satisfied with the District’s decision at Level 2 or if there has been presented to no decision within the supervisor. Heprescribed time limit, he/she shall have may request the Association appeal his/her xxxxxxx presentgrievance to arbitration. No settlement If the Association agrees to appeal the grievance to arbitration, it shall notify the District’s Superintendent or the Superintendent’s designee in writing that it is doing so within twenty (20) working days after the unit member’s receipt of the District’s Level 2 answer, or of its due date. The District and Association may meet to mediate the grievance using interest based problem solving. Mediation would occur within the time lines of arbitration. Concurrently, procedures for beginning arbitration will continue in case mediation is unsuccessful. A meeting between the Association’s representative and the Superintendent or the Superintendent’s designee shall be final and binding until it has been approved by held within ten (10) working days of the Sheriff or his designated representativeDistrict’s receipt of the Association’s appeal to arbitration. The employee During this meeting the parties shall suffer no loss of pay for the time spent with the supervisor attempt to discuss agree on an arbitrator to hear the grievance. The answer If the parties are unable to agree on an arbitrator to hear the grievance within fifteen (15) working days of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of District’s receipt of the answer in Step 1 by submitting Association’s appeal to arbitration, the grievance in writing, specifying the provisions parties shall then request a list of the contract allegedly violated names of five (5) arbitrators from the California State Mediation and Conciliation Service (CSMCS) or the facts thereof, Federal Mediation and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the CountyConciliation Service (FMCS). Within five (5) working days following of receipt of a list of arbitrators from the written grievanceCSMCS or the FMCS, the Division Commanderparties shall attempt to agree on one of the listed arbitrators to hear the grievance. If they are not able to do so, or they shall immediately request the American Arbitration Association (AAA) to supply a list and appoint an arbitrator pursuant to the rules of the AAA. (If a list is requested from the AAA, the parties shall each pay one-half (1/2) of the fee charged by that organization for supplying a list of arbitrators.) In conducting the hearing and making his/her representativedecision, the arbitrator shall follow where applicable, and the parties shall be bound by, the Voluntary Labor Arbitration Rules of the American Arbitration Association. The arbitrator’s decision will be final and binding. However, he/she shall have no authority to add to, subtract from, or otherwise amend this Agreement, nor to make an award which would require the District to take an action in violation of law. The arbitrator’s fees and costs advanced shall be borne equally by the parties. Each party, however, shall schedule bear the expense of the presentation of its own case.
D. The time limits specified in Sections B and C of this Article are intended to be jurisdictional and therefore binding on any arbitrator chosen to hear a meeting with grievance. However, any time limit may be extended or waived by a written agreement of the xxxxxxx parties.
E. If a grievance is not processed by the unit member or the Association within the time limits specified in Section B and C of this Article, it shall be considered settled on the affected employee basis of the last decision made by the District on it, unless the time limits have been extended or waived by a written agreement of the parties.
F. In the event that a grievance is timely filed, but at such a time during the school year that it cannot be processed through all of the levels of the internal grievance procedure, nor to arbitration, by the end of the school year:
1. The time limits may be reduced by a written agreement of the parties in order that the grievance process, and at least the process for the purpose selection of discussing an arbitrator, may be completed by the grievanceend of the school year or;
2. All working days time limits still applicable by the end of the school year shall automatically be changed to calendar days time limits and each one increased by five additional calendar days.
G. Upon request, a unit member who files a written grievance shall be entitled to representation by the Association at each step of the internal grievance specified in Section B of this Article.
H. The Division CommanderDistrict shall not interfere with, or restrain, coerce, discriminate against, nor threaten any unit member because of his/her representativeexercise of his/her rights guaranteed by this Article.
I. No grievance filed by a unit member or by the Association, and no written material related to the processing of grievances, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer kept in Step 2. Upon appeal, the matter any unit member’s personnel file but instead shall be recon- sidered at kept in a separate grievance file in the District’s Central office. Grievance Procedure Chart Who Number of Working Days Action Grievant ASAP Informal meeting scheduled within ten (10P-23a form): Grievant 30 days To file valid Level 1 (P-23b form): Principal 5 days Meet with grievant for Level 1 Principal 5 days Written response to Level 1 (P-23b form) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply Grievant 10 days File Level 2 with District (P-23c form) Superintendent 10 days Meet with grievant for Level 2 Superintendent 10 days Written response to the appeal in writing within ten Level 2 (10P-23c form) Association 20 days following such meeting.Request arbitration/mediation
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A A.4.1 For the purposes of this Collective Agreement, a grievance is defined as being a claim reasonably and sensibly founded on an alleged that there has been a violation of this Collective Agreement and that the Board or the Union has acted, for the purpose of application, administration or interpretation, in a manner which violates this Collective Agreement.
A.4.2 If any employee has a complaint, the employee shall first discuss the complaint with his immediate supervisor. Any For purposes of the grievance filed procedure, the immediate supervisor is defined as follows: In a school, the immediate supervisor shall refer be the Principal or Vice Principal designate; in the Area Offices, the Education Centres and the Maintenance Centre, the immediate supervisor shall be the Foreperson or Head Caretaker as applicable.
A.4.3 If the discussion with the immediate supervisor does not result in a settlement of the complaint within a period of five (5) working days, and the employee wishes to proceed further, then the following steps in the Grievance Procedure should be followed. Management’s written reply, at all steps, shall be addressed and sent to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. xxxxxxx involved.
A.4.3.1 Step 1: All written grievances shall must be commenced submitted within ten (10) working days following after the incident circumstances which caused the grievance. Any claims not conforming gave rise to it came, or ought to have come, to the provisions attention of this definition the individual concerned. The aggrieved employee shall first contact his xxxxxxx. If the xxxxxxx considers the matter to be automatically a grievance, as defined in A.4.1, then the employee, accompanied by his xxxxxxx, may present his grievance to his immediate supervisor, as not constituting a valid grievance.
8.2: An employee having a grievance defined in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step A.4.2, in the area or work location where the grievance processis alleged to have occurred. STEP 1 The grievance shall be verbally presented in writing, signed by the employee xxxxxxx, and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that shall advise Management of the remedy sought and any provision of this Collective Agreement upon which the grievance be adjustedis based. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented provide to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employeexxxxxxx, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof including rationale within five (5) working days following receipt after the meeting. In the normal course, neither the Supervisor of Caretaking nor the Division Commander's written answer Supervi sor of Maintenance- Shops will have been present at the Step 1 meeting; however, in the event either one does attend the meeting, then it will be considered to have been a Step 2. Upon appeal, 2 meeting and if the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by takes the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply grievance forward they may proceed directly to the appeal in writing within ten (10) days following such meetingStep 3.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined 7.01 In order to ensure that complaints of Nurses shall be remedied as a claim reasonably quickly as possible, the parties agree that the procedure for submitting and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All dealing with grievances shall be commenced as follows: It is understood that a Nurse has no grievance until the Nurse has first given the Nurse’s Program Manager an opportunity to adjust the Nurse’s complaint. If a Nurse has a complaint, the Nurse shall, with the assistance of a member of the Grievance Committee if desired, discuss it with the Nurse’s Program Manager within ten five (105) working days following after the incident which caused the grievance. Any claims not conforming circumstances giving rise to the provisions complaint have originated or occurred, or within five (5) working days of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms time the Nurse reasonably ought to have known of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjustedcircumstances. The supervisor Program Manager shall meet with communicate her/his reply to the employee to discuss the grievance and will attempt to respond to said grievance complainant within three (3) working days and if not satisfied, the complainant may file a written grievance in the following manner and sequence: The Nurse may with the assistance of said meetinga member of the Grievance Committee if desired, but in no event more than six submit a written grievance signed by the Nurse to the Director, Public Health within five (65) working days after the grievance Nurse has been presented to received the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by reply of the Sheriff or his designated representativeProgram Manager. The employee shall suffer no loss of pay for the time spent Director, Public Health will hold a meeting within seven (7) working days, with the supervisor Grievance Committee to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy nature of the grievance and the remedy sought shall be sent clearly set out in the grievance. The Director, Public Health will deliver her/his decision in writing within five (5) working days from the date of the meeting to the Labor Relations Manager of the CountyBargaining Unit President. Failing settlement, then: Within five (5) working days following receipt the decision under Step No. 1, the Nurse must, with the assistance of a member of the Grievance Committee if desired, present the written grievancegrievance to the General Manager, the Division Commander, or his/her representative, shall schedule Health and Family Services who will hold a meeting within seven (7) working days, with the xxxxxxx and the affected employee for the purpose of discussing Grievance Committee, to discuss the grievance. The Division CommanderGeneral Manager, or hisHealth and Family Services will give her/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the his decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.five
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer Collective Agreement including any question as to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationwhether a matter is arbitrable. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement and must be filed within ten (10) days following of the incident which caused the grievance. Any claims not conforming circumstance giving rise to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree writing to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor who shall give her decision within said ten five (105) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) working days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the decision rendered employee may be appealed submit the written grievance to the Sheriff by giving the Sheriff written notice thereof Site Director or her designate within five (5) days following receipt of the Division Commander's written answer decision in Step 2#1. Upon appeal, A meeting will be held between the matter shall be recon- sidered at a meeting scheduled Employer and the grievance committee within ten (10) daysdays of the referral. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Union shall Employer‟s decision will be represented at this meeting by delivered within five (5) days of the xxxxxxx and the business agentmeeting. The Employer shall An employee is entitled to be represented by a union representative or another available bargaining unit member of the Sheriff and/or employee‟s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.
10.04 A claim by an employee, except a probationary employee, 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 employee with the Employer at Step #2 within five (5) days after the date the discharge or suspension is imposed A claim by an employee, except a probationary employee, that she has been unjustly disciplined (other Employer representativesthan discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.02 and 10.03.
10.05 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 fourteen (14) calendar days after the circumstances giving rise to the grievance having occurred or ought to have come to the attention of the nurse(s). The Sheriff grievance shall reply then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the appeal processing of such grievance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing at Step #2 within ten (10) days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such meetingnurse(s) could have herself instituted and the regular grievance procedure shall not be thereby bypassed.
10.07 Arbitration - Failing settlement of the grievance under the foregoing procedure, such grievance may be submitted to arbitration. If no written request for arbitration is received within twelve (12) days after the decision under Step #2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within ten (10) days after the decision under Step #2, it will be deemed to have been received within the time limits. The party referring the matter to arbitration shall name a nominee at the same time. The recipient of the notice shall, within ten (10) days, inform the other party of the name of its nominee to the arbitration board. The two (2) nominees so selected shall, within fourteen (14) days of the nomination of the second of them, select a mutually acceptable third person who shall be the chairperson. If one (1) of them fails to name its nominee, or the two (2) nominees fail to agree upon a chairperson within the time limits, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party.
10.08 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance and arbitration procedure.
10.09 Each party shall pay its own expenses including those for its nominee and witnesses and the fees and expenses of the chairperson shall be borne equally by the parties.
10.10 The Arbitration Board shall not be empowered to alter, modify, add to or amend any part of this Collective Agreement, or to make any decision which is inconsistent with the provisions of this Collective Agreement.
10.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle a grievance.
10.12 The time limits and procedures set out in the Grievance and Arbitration provisions herein are mandatory and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned.
10.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairperson, will be final and binding upon the parties hereto and the nurse or nurses concerned.
10.14 Wherever arbitration board is referred to in this Collective Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the arbitration board at the time of reference to arbitration and the other provisions referring to arbitration board shall appropriately apply.
10.15 All agreements under the grievance procedure between the representatives of the Employer, and the representatives of the Union will be final and binding upon the Employer, the Union and the nurse(s).
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 10.01 It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within five (5) days after the circumstances giving rise to it have occurred. If the complaint is not settled, it shall be taken up as a grievance within ten (10) days of the discussion in the following manner and sequence.
10.02 For the purposes of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.
10.03 The following shall be the procedure for handling and processing grievances submitted by the nurse. The nurse may be accompanied by a nurse representative, if the nurse wishes, and may submit a written grievance signed by the nurse to her immediate supervisor/manager. The grievance shall identify the nature of the grievance, the provisions of this Agreement. Any grievance filed shall refer to the specific provision Agreement which are alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationremedy which is sought. All grievances shall be commenced The immediate supervisor/manager will deliver her decision in writing within ten five (105) days following the incident day on which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been was presented to the supervisorher. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employeeFailing settlement, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. then: Within five (5) days following receipt of the decision under Step No.1, the nurse shall submit the written grievance, grievance to the Division Commander, Director or his/her representative, shall schedule a designate. A meeting with will be held between the xxxxxxx Director or her designate and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled Grievance Committee within ten (10) days. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at such meeting. The Union Decision of the Director shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing delivered within ten (10) days following such of the meeting.
10.04 A claim by a nurse, except a probationary nurse, 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 nurse with the Employer at Step No.2 within five
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.11) Members of the bargaining unit will follow all lawful and reasonable written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein. The following rule applies to all employees: Obey first, grieve later.
2) A grievance is defined exclusively as a claim reasonably and sensibly founded on an alleged violation dispute involving the interpretation or application of this Agreement. Any No grievance will or need be entertained or processed unless prepared in writing in the manner described herein, and unless filed shall refer in the manner provided herein within the time limit prescribed herein. The Union is under no obligation to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having process a grievance in connection with for an employee who is not a member of the terms Union; therefore nonmembers of the Union who are covered by this Agreement shall present it as followsbe responsible for filing their own grievances. Both parties must mutually agree The Town need not entertain or process under this Article any dispute, or other matter not meeting this definition.
3) Grievances pertaining to waive any step in the grievance process. STEP 1 The grievance shall more than one bargaining unit member may be verbally presented filed by the employee Union on behalf of all affected members.
Step 1: The Union shall present the grievance, in writing and Union representative dated, to his/her immediate supervisor the Department Head, within said ten fourteen (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (314) days not including weekends and holidays after knowledge of said meeting, but in no event more than six (6) days after the grievance has been presented act or omission that gave rise to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer Department Head or his or her designee shall, within 7 calendar days of receipt of the immediate supervisor may be given verballywritten grievance, conduct a meeting with the Union. STEP 2 The Department Head shall notify the Union in writing of the decision not later than 7 calendar days following the meeting date.
Step 2: If the answer of the immediate supervisor received in Step 1 grievance is not satisfactory to the employeefully resolved at Step 1, the grievance shall be appealed Union, within three (3) 7 calendar days of receipt of the answer provided in Step 1 by submitting 1, may forward a copy of the original written grievance to the Town Manager with a separate cover letter stating that the grievance is being advanced to Step 2. The Town Manager may, but need not, hold a meeting with the Union regarding the grievance. The Town Manager shall notify the grievant and the Union of the Town Manager's decision within 7 calendar days following receipt by the Town Manager of the grievance. The decision of the Town Manager shall be determinative of the grievance (and such decision is final and binding under the terms of this Agreement, unless modified by a decision on an arbitrable grievance made in compliance with the following arbitration procedure). Discipline or correction involving oral or written reprimands may be processed through Steps 1 and 2 of this Grievance Procedure and are not arbitrable. The decision of the Town Manager on such grievances shall be final and binding on the parties. The grievant may write any rebuttal he or she wishes to the corrective action, which shall be included in the employee’s personnel file along with the record of the discipline.
4) If the grievance is arbitrable as noted herein, and is not resolved by the foregoing grievance procedure, the Union, within seven (7) calendar days after the Town Manager's decision in Step 2, may provide the Town Manager a written notice of its desire to submit the matter to arbitration; said written notice to include a written statement of the position of the Union with respect to the unresolved grievance.
5) Within seven (7) calendar days from receipt of the written notice immediately above, the Parties shall confer to select an arbitrator. In the event the Parties fail to agree on an arbitrator, both parties shall, within seven (7) calendar days, jointly request a list of seven (7) qualified arbitrators from the Federal Mediation and Conciliation Service. The Union and then the Town will alternately strike one name at a time from the list as not acceptable until only one remains and this person will be the arbitrator. The Town and the Union will alternate in the right to first strike arbitrators; the initial first strike being determined by a coin toss.
6) As promptly as possible after the arbitrator has been selected, he or she shall conduct a hearing between the Parties and consider the grievance. The decision of the arbitrator will be served upon the Town and the Union in writing, specifying . It shall be the provisions obligation of the contract allegedly violated arbitrator to rule within thirty (30) calendar days after the close of the hearing. The failure of the arbitrator to issue a timely ruling shall not divest the arbitrator of jurisdiction to issue an award. The expense of the arbitration, including, but not limited to, the fee and expenses of the arbitrator and the facts thereofcost of a court reporter shall be paid by the losing party. Each Party shall be exclusively responsible for compensating its own representatives and witnesses.
7) The power and authority of the arbitrator shall be strictly limited to an interpretation of the express terms of this Agreement. He or she shall not have the authority to add to or subtract from or modify any of said terms, and or to limit or impair any right that is reserved by signing his/her name this Agreement to the Town or the Union or the employees, or to establish or change any wages or rate of pay in this Agreement. The decision of the arbitrator shall be limited to upholding the grievance, or denying the grievance, and the arbitrator shall not have the authority or right to modify the discipline or craft any remedy other than restoring the employee to the Division Commanderposition he or she was in prior to the disciplinary action being imposed, with restoration of any lost wages and, if applicable, restoration of any benefits.
8) No decision of any arbitrator or his/her designated representativeof the Town in one case shall create a basis for retroactive adjustment in any other case.
9) The parties intend that a “make whole” remedy be awarded, if applicable. A copy All claims for back wages shall be limited to the amount of wages including lost overtime, that the employee otherwise would have earned from the Town. In settlement or other resolution of any grievance resulting in retroactive adjustment including back wages, such adjustment shall be limited to a maximum of 7 calendar days prior to the date of the filing of the grievance at Step 1.
10) The decision of the arbitrator shall be final and binding on both Parties, and the grievance shall be sent considered permanently resolved, subject to any post-award judicial relief available to either Party under Florida law.
11) The grievance and arbitration procedure shall be exclusive to the Labor Relations Manager FOP as set forth herein. Therefore, subject to Section 447.301 and 447.401, Florida Statutes or other applicable laws, no bargaining unit member may file a grievance or demand the Union file a grievance or request arbitration without the written authorization from the Union. The arbitration shall be conducted under the rules set forth in this agreement.
12) It is agreed, with respect to this grievance and arbitration procedure, that:
a) Any grievance, in order to be processed, must be submitted in writing at Step 1 as noted above and contain all of the County. Within five (5) days following receipt following: a statement of the written grievancegrievance and facts upon which it is based; each specific Article and subsection of this Agreement claimed to have been violated, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee remedy or correction requested. Grievances will be resolved at all later stages based on this statement of the grievance.
b) A grievance which is for any reason not advanced to Step 2 or to arbitration within the time limits prescribed herein for such advancement shall be barred. Failure on the part of the Town to respond within the time limit set forth at any step shall be deemed a denial, and require the Union to proceed to the next step.
c) A time limit at any stage of the grievance procedure may be extended by written and countersigned mutual Agreement of the Union and the Town Manager, including by reciprocal emails agreeing to an extension. No extension of time shall be inferred by any conduct or verbal exchange between the Parties.
d) Any grievances filed on behalf of or for the purpose benefit of discussing the grievanceany employee or employees must specifically name all such employees, and may not be amended after submission to Step 1 to add names. No monetary or other relief shall be granted or awarded to any employee not so named. The Division Commanderonly exception to this is that if the Union claims that a grievance affects the entire unit it may describe the unit generally.
e) Grievances and appeals of denials of a grievance may be delivered to a designated Town official by hand delivery, email or his/her representativefacsimile delivery during the hours of 9:00 am until 5:00 p.m., Monday through Friday. Where the last day for such presentation falls on a Saturday, a Sunday or a holiday expressly recognized as such under this Agreement, presentation shall submit a written answer to be considered timely if made on the affected employee and the xxxxxxx within ten (10) days next business day following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2Saturday, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingSunday or holiday.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 9.01 For the purposes of this collective agreement a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, application, administration, or alleged violation of this Agreement. Any grievance filed shall refer the agreement, including any question as to whether a matter is arbitrable.
(a) It is the specific provision alleged to have been violated and shall adequately set forth mutual desire of the facts pertaining to the alleged violation. All grievances parties that complaints of employees shall be commenced within ten adjusted as quickly as possible.
(10b) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition Employees shall be automatically defined as not constituting provided with a valid grievancecopy of all written reprimands or disciplinary notices which are to be entered into their records. In the event that an employee is suspended or discharged, the company will notify the union in writing before the end of the next working day.
8.2: An 9.03 It is generally understood that an employee having a has no complaint or grievance in connection until the employee either directly or through the union, has first given the immediate supervisor an opportunity to resolve it.
9.04 If after registering the complaint with the terms supervisor and such complaint is not settled within two regular working days, then the following steps of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 procedures may be invoked:
Step I The employee through the union, may present a written grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) calendar days after the grievance has been presented circumstances giving rise to the supervisor. He/she shall complaint have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by occurred or ought to have reasonably come to the Sheriff or his designated representativeattention of the employee. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt signed by the employee and it shall include the nature of the answer in Step 1 by submitting grievance, the grievance in writing, specifying remedy sought and the provisions of the contract allegedly violated and the facts thereof, and by signing agreement which are alleged to have been violated. The immediate supervisor shall deliver his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within decision in writing within five (5) calendar days following receipt the presentation of the written grievance, the Division Commander, or hisgrievance to him/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievanceher. The Division Commander, or his/her representative, shall submit a written answer A copy will be provided to the affected employee and the xxxxxxx union xxxxxxx.
Step II Failing settlement, within ten (10) calendar days following such meeting. STEP 3 If from the final date for the immediate supervisor‟s reply, the grievance is not satisfactorily resolved may be submitted in writing to the Human Resources Manager. A meeting will be held between the Company and no more than two (2) members of the grievance committee. Such meeting shall be held within seven (7) calendar days of submission of the grievance at Step 2, II. The decision of the decision rendered may Company shall be appealed to the Sheriff by giving the Sheriff written notice thereof delivered in writing within five (5) calendar days following receipt the date of such meeting a copy shall be given to the union. A staff representative of the Division Commander's written answer in Step 2. Upon appealunion, the matter shall xxxxxxx who handled the grievance and the grievor may be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented present at this meeting if requested by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingeither party.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 9.01 The Employer and the Union agree it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor without the matter being resolved.
9.02 In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted. A formal grievance is defined as a claim reasonably and sensibly founded on an shall be one having to do with the interpretation or alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the Article(s) of this Agreement on which the grievance is based. A formal grievance must be filed within ten (10) days of the circumstances giving rise to the grievance.
9.03 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a nurse is being investigated, a nurse is entitled to be represented by her or his Union Representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. The nurse will be informed of the nature of the meeting and the Union will be given as much advance notice as possible. The Employer agrees to provide written reasons within seven (7) days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nurse who has completed her or his probationary period, without just cause.
9.04 The following shall be the procedure in handling and processing grievances submitted by the union.
(a) The nurse or union will bring her complaint to the attention of her immediate supervisor or delegate within ten (10) days after the circumstances have occurred or ought reasonably to have come to the attention of the nurse or union. The supervisor or designate will have ten (10) days to respond to the nurse or union.
(b) If there is no settlement satisfactory to the parties within seven (7) days, it may be taken up as a grievance within ten (10) days and submitted in writing using the form in Appendix “D” to the Senior Director of Labour Relations, or designate.
(c) A meeting will then be held between the Senior Director of Labour Relations, or designate and the Grievance Committee within ten (10) days of the submission of the grievance, unless extended by agreement of the parties. It is understood and agreed that a representative(s) of the Union and the grievor may be present at the meeting. The decision of the Employer shall be delivered in writing to the Labour Relations Officer and the local Union representative within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions date of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
(d) Should the matter not be resolved, it shall be referred to arbitration within thirty
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as 8.01 Any nurse(s) or the Association may present a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer complaint at any time without recourse to the specific provision alleged to have been violated and shall adequately set forth formal written procedure contained herein, but in the facts pertaining to the alleged violation. All normal course of events grievances shall be commenced registered with the Employer as follows: A nurse(s) or the Association on her/their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days following of the incident which caused the grievance. Any claims not conforming date of its occurrence or when it came to the provisions attention of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in nurse or the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjustedAssociation. The supervisor Director of Nursing shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but render a decision in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof writing within five (5) days following receipt of the Division Commander's written answer in day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step 2No. Upon appeal, the matter shall 2 may be recon- sidered at a meeting scheduled followed within ten (10) days. The Union grievance shall be represented referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at this the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting by or within five (5) days following submission to the xxxxxxx Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the business agentChairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if she so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of her right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines her right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making her whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Employer Association shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal give its decision in writing within ten (10) days following such meetingafter receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration 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, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten (10) days of the appointment of the second of them, appoint a third person who shall be Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario, upon request of either party.
(b) Within ten (10) days of the receipt of notice referred to in Article 8.13 (a) above, either party may require a process for a sole arbitrator, selected from the panel set out in Schedule "C", where the grievance concerns:
i) a job posting ii) a short term layoff
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 21.1 A grievance is defined as a claim reasonably and sensibly founded on that the City has violated an alleged violation express provision of this Agreement.
21.2 Any employee or group of employees may discuss any matter with their Division Chief or the Undersheriff without invoking the formal grievance procedure provided for in this Article. Any grievance filed No agreements reached in such informal discussion shall refer be binding on the FOP or any other employee nor shall they be binding on the City or employee raising the issue except for the specific incident which led to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining discussion. The FOP may report an impending grievance to the alleged violation. City in an effort to forestall its occurrence.
21.3 Neither the City nor the FOP shall threaten or coerce any employee for filing a grievance under this Agreement
21.4 All grievances shall be commenced within ten (10) days settled in the following manner:
Step 1. A grievance must be initiated by either an aggrieved employee or by the incident which caused FOP on behalf of the grievanceemployee. Any claims not conforming The grievant must reduce the grievance to writing and present the written grievance to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor Division Chief within said ten fifteen (1015) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) calendar days after the grievance has been presented grievant knew or should have known of the facts which gave rise to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer written grievance must contain (a) a statement of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to upon which it is based; (b) the grievance, to the Division Commander, or his/her designated representative. A copy specific section(s) of the grievance Contract allegedly violated; and (c) the remedy or adjustment sought. The Division Chief shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule hold a meeting with the xxxxxxx grievant within fifteen (15) calendar days from the receipt of the grievance and a representative of the affected employee for FOP may be present at that meeting. Within fifteen (15) calendar days from the purpose date of discussing such meeting the grievanceDivision Chief will issue a written response to the grievant and provide a copy to the FOP. The Division Commander, or his/her representative, FOP shall submit be given notice of the meeting and have a written answer right to attend the affected employee and the xxxxxxx within ten (10) days following such meeting.
Step 2. STEP 3 If the grievance is not satisfactorily resolved at Step 21, the decision rendered may be appealed grievant or the FOP shall have fifteen (15) calendar days from the issuance of the Step 1 denial to present the grievance to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2Undersheriff or his designee. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.Within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as A. 1. The MTA and the Union agree that the exclusive method for the adjustment, processing and settlement of a grievance, dispute, claim reasonably or difference between the MTA and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts Union pertaining to the alleged violation. All grievances interpretation, application, or compliance with the specific provisions of this agreement and discipline up to and including discharge is and shall be commenced in accordance with the grievance and arbitration procedure prescribed in this section.
A. 2. Except as otherwise provided in this agreement, a grievance defined in A.1 of this section and otherwise subject to this agreement, shall be processed and, if possible, settled in accordance with the following grievance procedure.
a. In the case of A.1, all grievances, except those involving discharge, must be submitted in writing stating the date of the alleged offense and the nature of the grievance (including the contract provision involved) to the respective department head within ten twelve (1012) working days of the event which gives rise to the alleged grievance or the grievance shall be deemed waived. The department head must answer the grievance within eight (8) working days. Discharge grievances will be processed directly to the Executive Director or his/her designee and will fall under the procedures in A.2.b. below.
b. If the differences stated in the grievance cannot be mutually settled between the Union and the department head under step A.2.b, the Union may submit the grievance in writing to the Executive Director or his/her designee within twelve (12) working days for his/her review. Upon receipt by Executive Director or his/her designee, he/she will schedule a meeting with a member or members of the Union Grievance Committee within twelve (12) working days. Following this meeting, the Executive Director or his/her designee will submit a finding to the Union, in writing, within twelve (12) working days of the hearing. Failure of Executive Director or his/her designee to comply with time frames provided herein shall result in a determination in favor of Union. If the Union has not submitted a grievance to the Executive Director or his/her designee within twelve (12) working days of the denial in A.2.a. above or within twelve working days of the notice of discharge, then the grievance shall be deemed as having been waived.
B. 1. Either party may submit a matter to arbitration or mediation. Demands for arbitration or mediation must be submitted within forty-five (45) days following the incident which caused the grievance. Any claims not conforming to the provisions issuance of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a formal grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented decision by the employee and Union representative to Executive Director or his/her immediate supervisor designee. Any grievance/mediation not submitted for arbitration within said ten the forty-five (1045) day period, requesting that the grievance days will be adjustedconsidered as abandoned.
B. 2. The supervisor shall meet with decision of the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement arbitrator shall be final and binding until it has been approved by upon the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory parties as to the employee, the grievance shall be appealed within three (matter in dispute.
B. 3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, reported and/or processed within the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appealtime limits set forth above, the matter shall be recon- sidered at a meeting scheduled within ten (10) daysdeemed waived and no further action will be taken with respect to such grievance unless both parties mutually agree to an extension of said time limits.
B. 4. The Union expenses of the arbitrator shall be represented at this meeting shared equally by both parties. Each party shall make arrangements for and pay the xxxxxxx and the business agentexpenses incurred by a witness who is called upon by them.
B. 5. The Employer When management wishes to discuss a problem, or to reprimand an employee, it shall be represented by done in the Sheriff and/or privacy of the Supervisor's Office, with the understanding that both parties treat each other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingwith dignity and respect.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, hereof, may be subject to the grievance is procedure as set forth in Article XV.
A. Subject to any limitations of existing law, any grievance defined as a claim reasonably and sensibly founded on an alleged violation dispute concerning the application or interpretation of the terms of this AgreementAgreement or a claimed violation, misinterpretation or misapplication of the rules or regulations of the Board affecting the terms and conditions of employment may be settled in the following manner:
Step 1- School or Office An employee may appear on his their own behalf or be represented by an individual designated by the Union. Any The grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence. The Principal or office administrator shall attempt to adjust the matter within five (5) school days of the presentation of the grievance.
Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Executive Director of Elementary/Middle or Secondary School, as appropriate, or his their designee on a form to be provided by the Board and approved by the Union within five (5) school days following the incident which caused completion of Step 1. The appropriate Executive Director his their designee shall meet with and discuss the grievancegrievance with the BTU President, or his their designee, and the aggrieved employee within five (5) school days after written appeal. Any claims not conforming An answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by submitted to the aggrieved employee and Union representative to his/her immediate supervisor the BTU President in writing on the said form within five (5) school days thereafter. Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or his their designee within five (5) school days following the completion of Step 2. Within ten (10) day periodschool days of such appeal, requesting that the grievance be adjusted. The supervisor CEO or his their designee shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meetingBTU President, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for their designee, the time spent with the supervisor aggrieved employee, and such other parties whose presence may be required to discuss the grievance. The answer of CEO or his their designee shall respond in writing on the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx said form within ten (10) school days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingthereafter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in the Article XV, hereof, shall not be subject to the grievance is procedure.
A. Except as hereinabove provided and subject to any limitations of existing law, any grievance defined in the Municipal Employees Relations Ordinance (Section 120F) as a claim reasonably and sensibly founded on an alleged violation dispute concerning the application or interpretation of the terms of this Agreementagreement or a claimed violation, misinterpretation or misapplication of the rules or regulations of the employer affecting the terms and conditions of employment may be settled in the following manner:
Step 1 An employee may appear on his own behalf or be represented by a Paraprofessional Chairman, or an individual designated by the Union. Any The grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced discussed with the Principal within ten (10) school days of the date of the grievance or his knowledge of its occurrence. The Principal shall attempt to adjust ths matter withlr. five (5) school days of the presentation of the grievance.
Step 2 If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Executive Director or his cesignee on a fern to be provided by the Employer and approved by the Union within five (5) schools days following the incident which caused completion of Step 1, The Executive Director or his designee shall meet with and discuss the grievancegrievance with the Paraprofessional President, the President of the Local Union or his designee, and the aggrieved employee within five (5) school days after written appeal. Any claims not conforming An answer to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by submitted to the aggrieved employee and to the President of the Local Union representative to his/her immediate supervisor in writing on the said form within five (5) schools days thereafter.
Step 3 If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Superintendent of Public Instruction or his designee within five (5) school days following the completion of Step 2. Within ten (10) day periodschool days of such appeal, requesting that the grievance be adjusted. The supervisor shall Superintendent of Public Instruction or his designee 3hall meet with the employee to discuss Paraprofessional President, the grievance and will attempt to respond to said grievance within three (3) days President of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff Local Union or his designated representative. The employee shall suffer no loss of pay for designee, the time spent with the supervisor aggrieved employee, and such other parties whose presence may be required to discuss the grievance. The answer Superintendent of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance Public Instruction or his designees shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal respond in writing on the said form within ten (10) days following such meeting.ten
Appears in 1 contract
Samples: Memorandum of Understanding
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.1 A grievance is shall be defined as a claim reasonably any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and sensibly founded on an alleged violation provisions of this Agreement. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement.
10.2 Thus, should grievances arise other than from cases of discharge and/or suspension, the grievant shall use the following procedures. This grievance procedure is the sole and exclusive avenue of redress available to any bargaining unit member. No person covered by this agreement shall use the grievance procedure in the City Personnel Manual for any purpose whatsoever.
STEP 1 In the event an employee believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance with the immediate supervisor, either privately, or if the employee prefers, accompanied by the on-site Federation representative within five (5) working days of the date of the occurrence of the event giving rise to the grievance. The supervisor shall then respond within five (5) working days.
STEP 2 In the event the grievant and/or the Federation is not satisfied with the decision of the supervisor, the grievant and/or the on-site Federation representative shall present the grievance in writing to the employee's department director within seven (7) working days of the date of the aforesaid decision. Upon presentation of this written grievance to the department director, and within seven (7) working days thereafter, the department director, the employee and the on-site Federation representative shall attempt to resolve the dispute. Within seven (7) working days thereafter, the department director shall render a decision in writing to both the employee and to the on-site Federation representative.
STEP 3 In the event the grievant and/or the Federation is not satisfied with the written answer to Step 2 above, the grievance shall be presented within seven (7) working days after the written answer above to the City Manager or designee, who will, within seven (7) working days of the receipt of same, meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within seven (7) working days after this meeting, the City Manager or designee shall render a decision in writing.
10.3 In the event an employee is discharged or suspended by the City, the employee shall, within seven (7) working days, grieve his discharge and/or suspension to the City Manager or designee who shall, within seven (7) working days of the receipt of the same, meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative shall also be present. Within seven (7) working days after this meeting, the City Manager or designee shall render his decision in writing.
10.4 The time limitations provided in this Article shall be strictly observed. An employee covered by this Agreement may withdraw a grievance at any point by submitting, in writing, a statement to that effect, or by permitting the time requirements to lapse. Any grievance filed shall refer not advanced by the employee or employees to the specific provision alleged to have next higher step within the time limits provided shall be deemed permanently withdrawn and as having been violated and settled on the basis on the most recent response. A grievance not answered by the City within the time limits provided shall adequately set forth the facts pertaining be automatically advanced to the alleged violationnext higher level. All These time limitations may be extended only by written agreement of the parties.
10.5 Application to this procedure shall prevent the grievant from appealing to any other available procedure or visa-versa.
10.6 Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation, in conformity with Florida law.
10.7 In the event any dispute and/or difference, including discharge and suspension, has been properly processed through the grievance procedure without resolution, the Federation may demand arbitration and this demand, in writing, shall be commenced presented to the City Manager or designee within ten (10) working days following from the incident which caused receipt of the grievance. Any claims not conforming to decision of the provisions of this definition previous step.
10.8 The arbitrator shall be automatically defined as not constituting appointed by mutual consideration of the parties. In the event the parties are unable to agree upon a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor neutral arbitrator within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) working days after the grievance has been presented arbitration is invoked, either party may petition the Federal Mediation and Conciliation Service and request a list of seven (7) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to preside as a neutral at the supervisor. He/she shall have his/her xxxxxxx present. No settlement hearing involving the grievance.
10.9 The decision of said arbitrator shall be final and binding until it has been approved by the Sheriff or his designated representativeupon both parties. The employee arbitrator shall suffer no loss not be empowered to alter, amend, add to, or eliminate any provisions of pay for the time spent with the supervisor to discuss the grievancethis Agreement. The answer Expenses of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance arbitrator shall be appealed within three (3) days of receipt of the answer in Step 1 borne equally by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representativeboth parties. A copy of the grievance Each party shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingpay its own expenses.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her supervisor and the matter has not been resolved. Such complaint shall be discussed within seven (7) calendar days after the circumstances giving rise to it have occurred and failing resolution, it may be taken up as a grievance within seven (7) calendar days following advice of her supervisor’s decision in the manner and sequence outlined below.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this AgreementCollective Agreement including any question as to whether a matter is arbitrable. Any grievance filed All grievances shall refer be in writing and contain a statement of facts giving rise to the specific provision alleged grievance, the redress sought, and indication of the article(s) of this Collective Agreement to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall must be commenced within ten filed no later than seven (107) days following the incident which caused advice of the grievance. Any claims not conforming to the provisions of this definition employee’s supervisor as per Article 10.01 above.
10.03 The following shall be automatically defined as not constituting a valid grievance.
8.2: An the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the supervisor. He/she Program Director or designate who shall have his/give her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed decision within three seven (37) calendar days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2Step#1, the employee may submit the written grievance to the President/CEO or designate within seven (7) calendar days following the decision rendered in Step #1. A meeting will be held between the Employer and the grievance committee within fourteen (14) calendar days of the referral. It is agreed that a staff representative of the Union may be appealed present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be delivered within seven (7) calendar days of the meeting. A copy of the Step 2 grievance reply will be provided to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt Labour Relations Officer of the Division Commander's written answer in Step 2. Upon appeal, the matter Association.
10.04 A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be recon- sidered at treated as a meeting scheduled within ten (10) days. The Union shall be represented at this meeting grievance if a written statement of such grievance is lodged by the xxxxxxx and employee with the business agent. The Employer shall be represented by at Step #2 within seven (7) calendar days after the Sheriff and/or other Employer representatives. The Sheriff shall reply to date the appeal in writing within ten (10) days following such meetingdischarge or suspension is imposed.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with the Employer and the matter has not been resolved. Such complaint shall be discussed within seven (7) calendar days after the circumstances giving rise to it have occurred and failing resolution, it may be taken up as a grievance within seven (7) calendar days following the Employer’s decision in the manner and sequence outlined below.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this AgreementCollective Agreement including any question as to whether a matter is arbitrable. Any grievance filed All grievances shall refer be in writing and contain a statement of facts giving rise to the specific provision alleged grievance, the redress sought, and indication of the article(s) of this Collective Agreement to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall must be commenced within ten filed no later than seven (107) days following the incident which caused Employer’s decision as per Article 10.01 above. Union grievances shall be on the grievanceform set out in Appendix “C”. Any claims not conforming to the provisions It being understood that an electronic version of this definition form is acceptable.
10.03 The following shall be automatically defined as not constituting a valid grievance.
8.2: An employee having the procedure for handling and processing grievances submitted by the nurse. The nurse may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the supervisor. He/she Program Director or designate who shall have his/give her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed decision within three seven (37) calendar days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the nurse may submit the written grievance to the President/CEO or designate within seven (7) calendar days following the decision rendered in Step #1. A meeting will be held between the Employer and the grievance committee within fourteen (14) calendar days of the referral or such other time mutually agreed by the parties. It is agreed that a staff representative of the Union may be appealed present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be delivered in writing to the Sheriff by giving the Sheriff written notice thereof Bargaining Unit President within five seven (57) calendar days following receipt of the Division Commander's written answer in meeting. A copy of the Step 2. Upon appeal, #2 grievance reply will be provided to the matter Labour Relations Officer of the Union.
10.04 A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be recon- sidered treated as a grievance if a written statement of such grievance is lodged by the nurse with the Employer at Step #2 within seven (7) calendar days after the date the discharge or suspension is imposed. A claim by a meeting scheduled within ten nurse that she has been unjustly disciplined (10other than discharge or suspension) days. The Union shall be represented at this meeting treated as a grievance lodged by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal nurse in writing within ten (10) days following such meeting.accordance
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as 8.01 Any employee(s) or the Union may present a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer complaint at any time without recourse to the specific provision alleged formal written procedure contained herein. Failure to comply with this step, or the manner in which it is complied with shall not interfere with the formal grievance procedure, nor shall this step be subject of preliminary objections in any arbitration hearing.
8.02 At any step in the grievance procedure, including the complaint stage, the employee may be accompanied by his/her employee representative.
8.03 Grievances shall be registered with the Employer as follows: An employee(s) or the Union on his/her/their behalf or in its own stead may present a grievance in writing to the Director of Care. Such grievance must be presented within ten (10) days of the date of its occurrence or when the employee or the Union reasonably ought to have been violated and aware of this occurrence. The Director of Care shall adequately set forth render a decision in writing in ten (10) days following the facts pertaining day on which the grievance was submitted. If this decision is unsatisfactory to the alleged violationemployee(s) or the Union, Step No. All grievances 2 may be followed within ten (10) days. The grievance in writing shall be commenced referred to the Administrator of the Home or designate who shall call a meeting of the Grievance Committee at the request of either party within seven (7) days of the filing of the grievance or such further period as the parties may agree. Within three (3) days following this meeting or within ten (10) days following the incident which caused the grievance. Any claims not conforming submission to the provisions Administrator of this definition the Home or designate if no such meeting is held, the Administrator of the Home or designate shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance reply in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final employee(s) and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer Chairperson of the immediate supervisor Grievance Committee. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 3 may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled followed within ten (10) days. Within ten (10) days after the decision is given at Step No. 2 the grievance may be referred to the Chief Administrative Officer of the County or designate and the employee accompanied by his/her representative shall meet within ten (10) working days with the Chief Administrative Officer and Committee of Management or their designates. The employee may also be accompanied by a full-time representative of the Union shall be represented if so desired at this meeting by the xxxxxxx and the business agentstage. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal will render a decision in writing within ten (10) days following such meeting. If the decision is unsatisfactory to the employee(s) or the Union, it may be referred to arbitration.
8.04 A policy grievance may be presented by either the Union or the Employer at Step 2 of the Grievance Procedure.
8.05 Notwithstanding any other provisions of this Article, should the Employer discharge, suspend or discipline an employee or employees, notification by the Employer to such employee or employees shall be made in the presence of a member of the Union. Should the employee(s) or the Union on his/her/their behalf file a grievance against the discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days under Step No. 3 of the Grievance Procedure.
8.06 Before any grievance is submitted to arbitration, the parties may meet with a Grievance Mediator in order to attempt to resolve such grievance. The parties may refer any number of outstanding grievances to the Grievance Mediator for possible resolution. Each party shall pay one-half (1/2) of the fees and expenses of the Grievance Mediator.
8.07 When either party requests that a grievance be submitted to arbitration, the grievance shall be submitted to one of the following panel of sole Arbitrators: Xxxx Xxxxx, Xxxxxx Xxxxx Xxxx Xxxxxx, Xxxxx Xxxxx If a grievance has already been submitted to one of the Panel of Arbitrators, then any subsequent grievances shall be submitted to the next Arbitrator on the Panel. In order to accept an appointment, the Arbitrator must agree to render an award within thirty (30) days of the last day of hearing.
8.08 In the event that the parties mutually agree to refer a grievance to a tripartite Arbitration Board, the party requesting arbitration shall advise the other of its nominee to the Arbitration Board. Within ten (10) days thereafter, the other party shall answer, in writing, indicating the name and address of its appointee to the Arbitration Board. The Chair shall be selected from the Panel of Arbitrators set out in paragraph 8.07 above.
8.09 Once appointed, the Arbitration Board or single Arbitrator shall have all the powers set out in Section 50 of the Labour Relations Act including the power to mediate/arbitrate the grievance and to limit evidence and submissions.
8.10 Each party shall pay the costs and expenses of its appointees and the costs and expenses of the Chairperson shall be borne equally by the parties. Arbitration hearings shall be held in the community of the Employer or at such other places as may be agreed upon by the Union and the Employer.
8.11 The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.
8.12 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
8.13 Any time limit referred to in the Grievance and Arbitration Procedures shall be exclusive of Saturdays, Sundays and holidays observed by the Employer and the days off of the aggrieved employee including vacation, and such limits may be extended with the agreement of both parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 4.01 For the purpose of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on by the Company or by the Union or by an alleged employee that there has been a violation of this Collective Agreement. Any grievance filed shall refer .
4.02 If an employee has a complaint which relates to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions terms or conditions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with his employment under the terms of this Agreement Collective Agreement, he shall present it as followsfirst discuss his complaint with his immediate supervisor. Both parties must mutually agree Failing a satisfactory solution to waive any step in the complaint under this informal procedure, then the following steps may be applied: The written grievance process. STEP 1 The grievance shall be verbally presented signed by the employee and Union representative concerned shall be presented to his/her the immediate supervisor of the grievor within said ten five (105) day period, requesting that working days after the grievance be adjustedoccurrence of the matter which is the subject of the grievance. The supervisor will meet with the grievor and an official of the Union may be present. The immediate supervisor shall answer the grievance in writing within five (5) working days after it has been presented to him and the written answer shall be handed to the grievor. If the matter is not then settled, the grievance may then be delivered by the Xxxxxxx to the Branch Manager within five (5) working days after the employee has received the answer from his immediate supervisor. The Branch Manager shall meet with the Union Xxxxxxx and the aggrieved employee to within five (5) working days after he received the grievance. They shall discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more the Branch Manager shall give a written reply not later than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) working days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following after such meetingdiscussion. STEP 3 THREE If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof then settled within five (5) days following receipt a further period of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) working days, then either party may, within that period of time, notify the other party in writing that it intends to proceed to arbitration. The Union Any notice of the intention of either party to proceed to arbitration shall be represented at this meeting contain details of the grievance and a statement to the actual relief sought by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingparty from an Arbitrator.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 8.01 The purpose of this article is to establish a procedure for the prompt handling of grievances. A nurse representative may assist the grievor at any stage of the grievance procedure if so requested. Prior to formal discipline or discharge, the Employer shall notify the nurse, in advance, of her entitlement to union representation.
(a) For the purpose of this Agreement, a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreementthe Agreement including any question as to whether a matter is arbitrable.
(b) It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Any grievance filed Such complaint shall refer be discussed with her immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the specific provision attention of the nurse and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of her immediate supervisor's decision in the following manner and sequence: The nurse may submit a written grievance, signed by the nurse to her immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to have been violated and shall adequately set forth be violated. The immediate supervisor will deliver her decision in writing within nine (9) calendar days following the facts pertaining day on which the grievance was presented to the alleged violationher. All grievances shall be commenced within ten Failing settlement, then: Within nine (109) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received decision in Step 1 is not satisfactory to the employeeNo. 1, the grievance may be submitted in writing to the Administrator or designate. A meeting will then be held between the Administrator or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2, unless extended by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the grievor may be present at the meeting. It is further understood that the Administrator or designate may have such counsel and assistance as he may desire at such meeting. The decision of the Employer shall be appealed delivered in writing within three nine (39) calendar days following the date of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representativesuch meeting. A copy of the second step grievance shall reply will be sent provided to the Labor Labour Relations Manager of the CountyOfficer. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2settled, the decision rendered it may be appealed referred to arbitration as hereinafter provided.
8.03 Should the Sheriff Employer discharge or suspend any nurse(s), without just cause, notification by giving the Sheriff Employer to such nurse(s) shall be made in the presence of a Nurse Representative. The nurse(s) and the Association shall be provided with written notice thereof within five (5reasons for a discharge or suspension. Should the nurse(s) days following receipt or the Association wish to file a grievance, in accordance with this agreement, against this action, it shall be in writing and filed under Step 2 of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetinggrievance procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation 10.1 Only matters involving the meaning of the written provisions of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances Agreement shall be commenced the subject of a grievance under this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file the grievance in writing with the Employee’s Department Head within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) working days after the grievance has been presented to action which serves as the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay basis for the time spent with the supervisor to discuss the grievance. The answer of Department Head will investigate the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory complaint to the employee, the grievance determine its validity and shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager or his designee within ten (10) working days. The Town and County Manager or his designee will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Board of Selectman within ten (10) working days of the response of the Town and County Manager or his designee. The Board of Selectman will issue a written decision determining the validity of the grievance within fourteen (14) days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following such meetingan unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limits provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. :
STEP 1 1: The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. the
STEP 2 2: If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. .
STEP 3 3: If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered reconsidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
STEP 4: In the event that the grievance is not satisfactorily resolved in Step 3, the Union may appeal the matter to an arbitrator by giving the Sheriff written notice of intent to arbitrate within ten (10) working days following receipt of the Employer's answer in Step 3.
8.3: If a timely request for arbitration is filed by the Union on a grievance, the parties shall attempt to select within ten (10) days following the receipt by the Sheriff of the Union demand for arbitration as stated in Step 4, by mutual agreement, one (1) arbitrator who shall decide the grievance. If no agreement is reached, the Union shall request a panel of arbitrators from the Federal Mediation and Conciliation Service (FMCS) from which the parties shall select the person who shall be the arbitrator for that grievance. The fees and services of the arbitrator shall be shared equally by the Union and the Employer, but each party shall bear the costs of its own expenses and witnesses.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A. General Provisions A grievance is defined as a claim reasonably by one or more unit members or the Association that there has been a violation, misinterpretation or misapplication of the provisions of this Agreement or Appendix to this Agreement. All other matters and sensibly founded disputes of any nature are beyond the scope of these procedures. Also excluded from these procedures are those matters so indicated elsewhere in this Agreement. Except as limited by Article XVI, Disciplinary Suspension, the filing or pendency of a grievance shall not delay or interfere with the implementation of any Office action during the processing thereof. If the same, or essentially the same, grievance is filed by more than one unit member, the Association may process the grievance under this Article on an alleged violation behalf of the involved grievants. The final determination shall apply to all grievants. For timeline purposes, all grievances and written decisions shall be deemed to have been received as of the date of United States postmark, or on the date of personal delivery. The parties encourage xxxxx and open discussions. The purpose of this procedure is to secure, at the lowest possible administrative level, solutions to the problems which may from time to time arise relating to the interpretation or application of this Agreement. Any grievance filed Both parties agree that these proceedings shall refer be kept as informal as may be appropriate. It is the intention of the parties to make a good-faith effort to resolve disputes that arise from this Agreement at the level within the Office where the issues originate.
B. Informal Step A good faith effort will be made by all parties to resolve the issues in an informal manner. A unit member and his/her immediate administrator shall attempt to resolve differences in a collaborative and problem solving mode, as soon as possible, but such resolutions must be in accordance with the provisions of this Agreement. The parties may mutually agree to a third party to help resolve the dispute.
C. Level I - Immediate Administrator No later than thirty (30) working days after the occurrence of the act or omission giving rise to the grievance, the grievant must present such grievance in writing on the approved grievance forms to the immediate administrator or to the administrator responsible for the contested decision if it was not the immediate administrator. If the grievant does not have actual or constructive knowledge of the occurrence of the grievance act or omission, or could not with the exercise of reasonable diligence have known about it, then the thirty (30) day time limit shall begin to run on the date upon which the grievant knew or could with reasonable diligence have known of the occurrence. The written statement shall be a clear, concise statement of the grievance, including the specific provision provisions of this Agreement alleged to have been violated violated, misinterpreted or misapplied, the circumstances involved and the requested remedy. Either party may request and shall adequately set forth be granted a personal conference with the facts pertaining other party. Administration shall communicate a written decision which shall include a clear, concise statement of the reasons for such decision to the alleged violation. All grievances shall be commenced unit member and the Association representative, if any, within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) working days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to receiving the grievance, and such action will terminate Level I.
D. Level II In the event the grievant is not satisfied with the decision at Level I, the grievant may appeal the decision in writing to the Division CommanderSuperintendent or his designee within fifteen (15) working days after termination of Level I. Except for extenuating circumstances, or his/her designated representativethe Superintendent’s designee shall not be an administrator in the line of organization within the grievants’ division. A This statement shall include a copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written original grievance, the Division Commanderdecision rendered at Level I, or his/her representativeand a clear, shall schedule a meeting with concise statement of the xxxxxxx and the affected employee reasons for the purpose of discussing appeal. Either the grievancegrievant or the Superintendent or designee may request, and shall be granted a personal conference. The Division Commander, Superintendent or his/her representative, designee shall submit communicate a written answer decision which shall include a clear and concise statement of the reasons for such decision within fifteen (15) working days after receiving the appeal, and such a decision will terminate Level II.
E. Failure to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 Meet Time Limits If the grievance is not satisfactorily resolved processed by the grievant and the Association in accordance with the time limits set forth in this Article, it shall not be subject to arbitration, and shall be considered settled on the basis of the decision last made by the Office. If the Office fails to respond to the grievance in a timely manner at Step 2any level, the decision rendered running of its time limit shall be deemed a denial of the grievance and a termination of the level involved, and the grievant may proceed to the next step. Time limits herein may be appealed lengthened or shortened in any particular case only by mutual written agreement. The parties will attempt in good faith to adjust time limit problems which occur only above Level I as a result of any school recess and intersessions.
F. Arbitration Grievances which are not settled at Level II and which the grievant and the Association desire to contest further, shall be submitted to arbitration as provided herein, but only if the Association gives written notice to the Sheriff by giving Office of its desire to arbitrate the Sheriff written notice thereof grievance within five fifteen (515) working days following receipt after the termination of Level II. It is expressly understood that the Division Commander's written answer only matters which are subject to arbitration are grievances as defined above, which were processed and handled in Step 2. Upon appeal, accordance with the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx limitation and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.procedures of this
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is under this agreement shall be defined as any difference or dispute between the Employer and any employee covered under this agreement relating to the interpretation, application or administration of this agreement, including any questions as to whether the matter is arbitrable and the allegation that this agreement has been violated.
(a) The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or their immediate supervisor who is not a claim reasonably member of the bargaining unit, at the first opportunity.
(b) An Employee shall not leave her regular duties in order to submit a grievance until she has first secured permission from her immediate supervisor. Such permission shall not be unreasonably withheld and sensibly founded on shall be granted prior to the end of the shift.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten (10) working days of the occurrence. Any If further action is to be taken, then within ten (10) working days of the discussion, the employee, who may request the assistance of her or his Union Reprepresentative, shall submit the written grievance filed shall refer to the specific provision Administrator. A meeting will be held between the parties within ten (10) working days. The Administrator shall give a written decision within ten (10) working days of the meeting to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable then a meeting will be held at which shall attend, the Director of Human Resources and the Labour Relations Officer, if no settlement is reached, then the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) working days after the decision under Step No. 2 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance, the article of the agreement that is alleged to have been violated and shall adequately set forth the facts pertaining remedy sought by the grievor.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time(s) fixed, such failure to the alleged violation. All grievances respond shall be commenced within ten (10) days following the incident which caused deemed to be a denial of the grievance. Any claims Should a grievance not conforming to be submitted within the provisions of various time limits specified in this definition Agreement, unless mutually extended, it shall be automatically defined as not constituting a valid grievanceconsidered to have been settled or abandoned.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an Any dispute concerning the interpretation application, administration, or alleged violation of this Agreement. Any Agreement shall be considered a grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step handle in the grievance process. STEP 1 following manner: The grievance employee, with or without a shop xxxxxxx, shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10seven ( 7 ) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) working days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer notice of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to action causing the grievance, submit his complaint to the Division Commander, or his/her designated representativehis xxxxxxx. A copy of the grievance The xxxxxxx shall be sent to the Labor Relations Manager of the County. Within give his reply in writing not later than five (5) working days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commandergrievance must be presented in writing by the employee, or his/her representativebe signed by him, shall submit a written answer and must contain: A summary of circumstances giving rise to the affected grievance: The of the Agreement considered violated: The particulars of the remedies sought. The employee and may, by written notice to the xxxxxxx within ten (10) days following such meetingEmployer, withdraw his grievance at any stage of the grievance procedure. STEP 3 If the grievance is not satisfactorily resolved at Step 2One, Step Two of the decision rendered grievance procedure may be appealed initiated by notice in writing to the Sheriff by giving Plant Manager within three (3) working days after the Sheriff written notice thereof xxxxxxx'x reply at Step One. Step Two The aggrieved employee and the shop xxxxxxx and/or Union representative shall meet with the Plant Manager within five (5) working days following receipt of the Division Commander's written answer in grievance meeting. If the grievance is not satisfactorily resolved at Step 2. Upon appealTwo, the matter grievance may be referred to arbitration by notice in writing to the Plant Manager within five (5) working days after the Plant Manager's reply at Step Two. Arbitration Written notice of a referral of a grievance to arbitration shall include the name, address and business phone number of the referring parties' appointed member of the arbitration board. The recipient of the notice shall, within seven (7) calendar days, advise the other party of the name, address and business phone number of its appointed member of the arbitration board. The two appointees shall, within seven (7) calendar days of the appointment, appoint a third person who shall be recon- sidered chairman. If the recipient of the notice fails to appoint a member to the arbitration board or if the appointees fail to agree upon chairman within the time limit (or such longer period of time as may be mutually agreed) then the Minister of Labour may be requested by either party to appoint a qualified person to act as Chairman. In the event the parties alternatively agree in writing to the use of a single arbitrator in lieu of an arbitration board, the written notice of a referral of a grievance to arbitration, given as required by the above grievance procedure shall include a name or a list of names of the person or persons it is willing to accept as the single arbitrator. The party receiving the notice, if it accepts one of the persons suggested to act as arbitrator, shall within seven (7) calendar days notify the other party accordingly and the grievance shall be submitted to that arbitrator. In the event that the party receiving the notice does not accept any of the proposed persons as arbitrator, it shall within seven (7) calendar days notify the other party accordingly and send a name or 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 a single arbitrator either party may request the Minister of Labour to appoint a single arbitrator. The employee, may by notice in writing to the Employer withdraw his grievance arbitration at any time. The arbitration board, or the single arbitrator, shall hear and determine the matter and shall issue a meeting scheduled within ten (10) decision which will be final and binding upon the parties and upon any employee affected by it. The decision of the majority of an arbitration board shall be the decision of the board. The board of arbitration, or the single arbitrator, shall not make any decision inconsistent with the provisions of this Agreement or make any decision which would alter, modify, amend, add to, or subtract from any part of this Agreement. The board of arbitration, or the single arbitrator, shall not adjudicate any matter not specifically grieved in the grievance nor shall any grievance be considered by the arbitration board or single arbitrator unless it has been properly carried through all previous steps of the grievance and arbitration procedure. Each of the parties to this Agreement shall bear the expenses of the arbitration board member appointed by it or for it. The parties will share equally the expenses of the Chairman of the arbitration board, or the single arbitrator as the case may be. In this Article the term "working days" shall not be deemed to include Saturday, Sunday or paid holidays. The Union or the Employer may file a policy grievance appropriate circumstances. A policy grievance is defined as a difference concerning the interpretation or application of this Agreement which seeks to enforce an obligation to the to the Union or the Union to the Employer. A policy grievance shall not be brought with respect to matters capable of being filed as individual grievances or in respect of remedies or relief that effect individual employees. A policy grievance shall be represented initiated in writing at this meeting Step Two of the grievance procedure within twenty (20) days of notice of the at causing the grievance. A group grievance may be filed where the dispute directly affects two ( 2 ) or more employees and could otherwise be properly pursued as separate individual grievances. A group grievance shall list employees affected by the xxxxxxx and the business agentgrievance. The Employer A group grievance shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal initiated in writing at Step Two of the grievance procedure within ten seven (107) working days following such meetingof notice of the act causing the grievance. Should the employee or the Union fail to adhere to any time limit under this Article, the grievance shall be deemed to be abandoned, unless the Employer has agreed in writing to waive the time limit.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is under this agreement shall be defined as any difference or dispute between the Employer and any employee covered under this agreement relating to the interpretation, application or administration of this agreement, including any questions as to whether the matter is arbitrable and the allegation that this agreement has been violated.
(a) The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or their immediate supervisor who is not a claim reasonably member of the bargaining unit, at the first opportunity.
(b) An Employee shall not leave her regular duties in order to submit a grievance until she has first secured permission from her immediate supervisor. Such permission shall not be unreasonably withheld and sensibly founded on shall be granted prior to the end of the shift.
8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. If a Union Representative is not available, ONA shall appoint a designate as representative. At Step 1 of the grievance procedure a Representative of the Ontario Nurses’ Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten (10) working days of the occurrence. Any If further action is to be taken, then within ten (10) working days of the discussion, the employee, who may request the assistance of her or his Union Reprepresentative, shall submit the written grievance filed shall refer to the specific provision Administrator. A meeting will be held between the parties within ten (10) working days. The Administrator shall give a written decision within ten (10) working days of the meeting to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable then a meeting will be held at which shall attend, the Director of Human Resources and the Labour Relations Officer, if no settlement is reached, then the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) working days after the decision under Step No. 2 is received, the grievance shall be deemed to have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance, the article of the agreement that is alleged to have been violated and shall adequately set forth the facts pertaining remedy sought by the grievor.
8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time(s) fixed, such failure to the alleged violation. All grievances respond shall be commenced within ten (10) days following the incident which caused deemed to be a denial of the grievance. Any claims Should a grievance not conforming to be submitted within the provisions of various time limits specified in this definition Agreement, unless mutually extended, it shall be automatically defined as not constituting a valid grievanceconsidered to have been settled or abandoned.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. .
STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as an allegation of a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any Such a grievance filed shall refer be acted upon in the manner described below. Time limits may be extended by mutual written consent of the parties. Items that are not a part of Article I through Article XVI of this Agreement shall not be subject to grievance procedures. If the University fails to respond to any step of the grievance process, after the prescribed time limits, the Union may submit the grievance to the specific provision alleged next step. Employees shall have unobstructed use of the grievance procedure without fear of reprisal or prejudice. Any employee-initiated grievance will begin with an effort to have been violated and shall adequately set forth resolve the facts pertaining to perceived violation of the alleged violation. All grievances shall be commenced Agreement informally within ten (10) working days following of the incident which caused the grievance. Any claims not conforming event that gave rise to the provisions grievance or knowledge of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representativeits occurrence. The employee shall suffer no loss of pay for the time spent will request a face-to-face meeting with the supervisor to discuss the problem. If the problem remains unresolved after the meeting, the employee may proceed to Step One of the formal grievance process. The second paragraph is interpreted to require that the grievant start with the informal grievance unless the grievance is about the supervisor’s personal behavior toward the grievant, as outlined in Article XIII in which case the grievance will be filed at Step One. See discrimination complaint procedure.
Step 1: If the issue is not resolved informally, then the matter shall be reduced to writing and submitted to the Chief within ten (10) calendar days of the occurrence of the event giving rise to the grievance. The answer written grievance shall state the action alleged to violate the contract, the contract provision violated, and the relief requested. The Chief or his designee shall meet with the grievant and a Union representative within ten (10) calendar days. The Chief or his designee shall respond to the grievance in writing with ten (10) calendar days.
Step 2: Upon receipt of the immediate supervisor may be given verballyStep 1 response or the expiration of the time for receiving the Step 1 response, the grievant shall have ten (10) calendar days to appeal the response in writing to the Office of Human Resources. STEP 2 Upon receipt of the appeal, the designated Human Resources official shall meet with the grievant and a Union representative within ten (10) calendar days. He/she shall provide a written response to the appeal within ten (10) calendar days.
Step 3: If the answer of decision at Step 2 does not resolve the immediate supervisor received in Step 1 is not satisfactory to the employeegrievance, the grievance shall be appealed within three (3) days of receipt reduced to writing citing the complaint, the remedy sought and the relevant Articles of the answer in Step 1 by submitting Contract. The written grievance will be submitted to the grievance in writing, specifying the provisions Administrator of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx designee within ten (10) days following such meetingworking days. STEP 3 If A representative from the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt Administration of the Division Commander's written answer in Step 2. Upon appeal, shall discuss the matter shall be recon- sidered at a meeting scheduled grievance within ten (10) daysworking days of receipt with the aggrieved employee, the Union Xxxxxxx, the President of the Local or Chairman of the Grievance Committee, and the Council 81 Representative may attend but is not required. The Union Administrator of the Division or designee shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal respond in writing within ten (10) working days following such of the meeting. Step 3a: In an attempt to settle grievances amicably that are unresolved, both the Union and the University can agree to mediation overseen by the FMCS. Said service shall be mutually requested in writing. Both the University and Union must agree with the mediator’s recommendation in writing in order for it to be binding.
Step 4: Within thirty (30) calendar days of receipt of the Step 3 answer or upon the expiration of the time for receiving the Step 2 answer, the Union may appeal the matter to arbitration by sending written notification to the Office of Human Resources of its intent to proceed to arbitration. The Union shall file a written request for arbitration under the Voluntary Labor Arbitration Rules of the Federal Mediation and Conciliation Service (FMCS) in accordance with its rules for voluntary labor arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement1. Any grievance filed shall refer to dispute arising from the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms interpre- tation or application of this Agreement shall present it as follows. Both parties must mutually agree be taken up through the following grievance procedure:
Step I: The matter shall be discussed by the supervisor and the shop xxxxxxx and/or the Unit Chairperson at a mutu- ally convenient time, within 15 working
Step II: If not adjusted to waive any step in the satisfaction of the parties, the shop xxxxxxx or Unit Chairperson shall reduce the grievance processto writing, within 10 working days of the completion of Step I above, and submit the grievance, along with a request for
Step III: If still not adjusted to the satis- faction of the parties, the shop xxxxxxx or Unit Chairperson shall, within 10 working days of the Publisher’s response in Step II above, inform the Publisher or his authorized agent that a meeting is requested. STEP 1 The grievance shall be verbally presented by Publisher will furnish the employee and Union representative shop xxxxxxx or Unit Chairperson with a written response to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjustedwithin 10 working days of the Step III meeting.
2. At the Unit’s option, the Guild may forgo use of either or both Step I and Step II and proceed with Step III. In such event, the Guild shall give the Publisher writ- ten notice of its desire to proceed with Step III within 21 working days of the discovery of the alleged grievance (if the Guild forgoes both Step I and Step II) or within 15 working days of the comple- tion of Step I (if the Guild forgoes Step II only).
3. The supervisor shall Publisher or his authorized agent agrees to meet with the employee to discuss Unit Chairperson or shop xxxxxxx within 10 working days after receipt of notice of such meeting. All efforts shall be made for prompt adjustment of any matter brought up under the grievance procedure.
4. By mutual agreement, time limits in each step of the above procedure may be extended.
5. Except in a grievance over an oral warning, which will not be subject to arbitration, if the above steps do not result in resolution and will attempt the Guild decides to respond to said grievance pursue arbitration, the Guild shall, within three (3) 20 working days of said meetingreceipt of the Publisher’s written statement of its final position on the Grievance (Step III), but notify the Labor Relations office of the Publisher of its intent to invoke arbi- tration to be conducted by an arbitrator selected by agreement of the parties. If no agreement is reached on the selection of an arbitrator either party may request the American Arbitration Association to initiate its procedures for assisting the parties in no event more the prompt selection of an arbitrator. Upon submission of any matter to arbi- tration under this Article, the Publisher and the Guild shall endeavor to utilize all possible means to expedite the hearing and the rendering of the arbitrator’s opinion and award, including, upon mutual agreement of the Publisher and the Guild at the close of the hearing, the waiver of briefs and a joint request that the arbitrator render an oral opinion and award not later than six (6) the close of the next business day. Absent mutual agreement for an expedited arbitral decision, the arbitrator shall, within 30 days after following the grievance has been presented to submission of briefs, issue a written opinion and award. In either case, the supervisor. He/she shall have his/her xxxxxxx present. No settlement arbitrator’s decision shall be final and binding until it has been approved on both parties; and the arbitra- tor’s fee shall be shared equally by the Sheriff or his designated representativeparties.
6. The employee shall suffer no loss of pay for the time spent Publisher agrees to consult at appro- priate times as outlined above with the supervisor to discuss Guild regarding differences arising out of working conditions or out of matters not covered by company policy and not covered by the grievanceterms of this Agreement.
7. The answer intent and purpose of this paragraph is to preserve and promote harmonious relationships and cooperation among the Publisher, the Guild, and the employees. In order to further the cooperative efforts of the immediate supervisor may Publisher and the Guild, at least one meeting, and telephone conferences as need- ed, will be given verballyheld, at mutually agreed-upon dates, in each year. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance Said meetings shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee set aside for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee members of Management and the xxxxxxx within ten Guild to have the oppor- tunity to discuss and review areas of general concern (10excluding specific grievances) days following such meetingas might be beneficial to both parties. STEP 3 If Representatives of the grievance is not satisfactorily resolved at Step 2parties will be as follows: Publisher’s representatives: The Chief of Correspondents, a representative from Human Resources, and any other representatives the Publisher deems necessary. Guild Representatives: Two members appointed by the Unit Chairperson and any others that the Guild deems necessary. In each case, the decision rendered may number of Publisher and Guild representatives shall be appealed equal. In order to properly prepare for such meet- ing and to achieve the Sheriff by giving most success, one week prior to each meeting, the Sheriff written notice thereof within five (5) days following receipt respective Publisher and Guild representatives will exchange an agenda indicating items they wish to discuss and the names of the Division Commander's written answer repre- sentatives who will be present (if other than those in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingpositions or offices specified above).
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this AgreementCollective Agreement including any question as to whether a matter is arbitrable. Any grievance filed All grievances shall refer be in writing and contain a statement of facts giving rise to the specific provision alleged grievance, the redress sought, and indication of the article(s) of this Collective Agreement to have been violated and shall adequately set forth must be filed within fourteen (14) days of the facts pertaining circumstances giving rise to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor and the matter has not been resolved. Such complaint shall be discussed within seven (7) calendar days after the circumstances giving rise to it have occurred and failing resolution, it may be taken up as a grievance at step 2 within seven (7) calendar days following advice of her supervisor’s decision in the manner and sequence outlined below. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the supervisor. He/she Program Director or designate who shall have his/give her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed decision within three seven (37) calendar days of receipt of the answer in grievance. If the matter is not satisfactorily resolved at Step 1 by submitting #1, the employee may submit a grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name writing to the grievance, to the Division Commander, Regional/Program Director or his/designate who shall give her designated representative. A copy decision within seven (7) calendar days of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step step # 2, the employee may submit the written grievance to the President/CEO or designate within seven (7) calendar days following the decision rendered at step # 1. A meeting will be held between the Employer and the grievance committee within fourteen (14) calendar days of the referral. It is agreed that a staff representative of the Union may be appealed to present at the Sheriff by giving meeting and that the Sheriff written notice thereof Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be delivered within five seven (57) calendar days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter meeting.
10.04 A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be recon- sidered at treated as a meeting scheduled within ten (10) days. The Union shall be represented at this meeting grievance if a written statement of such grievance is lodged by the xxxxxxx and employee with the business agent. The Employer shall be represented by at Step #2 within seven (7) calendar days after the Sheriff and/or other Employer representatives. The Sheriff shall reply to date the appeal in writing within ten (10) days following such meetingdischarge or suspension is imposed.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 9.01 The Employer and the Union agree it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor without the matter being resolved.
9.02 In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted. A formal grievance is defined as a claim reasonably and sensibly founded on an shall be one having to do with the interpretation or alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the Article(s) of this Agreement on which the grievance is based. A formal grievance must be filed within ten (10) days of the circumstances giving rise to the grievance.
9.03 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a nurse is being investigated, a nurse is entitled to be represented by her or his Union Representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. The nurse will be informed of the nature of the meeting and the Union will be given as much advance notice as possible. The Employer agrees to provide written reasons within seven (7) days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend; discharge or otherwise discipline a nurse who has completed her or his probationary period, without just cause.
9.04 The following shall be the procedure in handling and processing grievances submitted by the union.
a) The nurse or union will bring her complaint to the attention of her immediate supervisor or delegate within ten (10) days after the circumstances have occurred or ought reasonably to have come to the attention of the nurse or union. The supervisor or designate will have ten (10) days to respond to the nurse or union.
b) If there is no settlement satisfactory to the parties within seven (7) days, it may be taken up as a grievance within ten (10) days and submitted in writing to the Senior Director of Labour Relations, or designate.
c) A meeting will then be held between the Senior Director of LabourRelations, or designate and the Grievance Committee within ten (10) days of the submission of the grievance, unless extended by agreement of the parties. It is understood and agreed that a representative(s) of the Union and the grievor may be present at the meeting. The decision of the Employer shall be delivered in writing to the Union Staff Representative and the local Union representative within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions date of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
d) Should the matter not be resolved, it shall be referred to arbitration within thirty
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted,
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer Collective Agreement including any question as to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationwhether a matter is arbitrable. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement and must be filed within ten (10) days following of the incident which caused the grievance. Any claims not conforming circumstance giving rise to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree writing to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor supervisor, and Executive Director or designate who shall give her decision within said ten five (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (35) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the decision rendered employee may be appealed submit the written grievance to the Sheriff by giving the Sheriff written notice thereof Executive Director or her designate within five (5) days following receipt of the Division Commander's written answer decision in Step 2#1. Upon appeal, A meeting will be held between the matter shall be recon- sidered at a meeting scheduled Employer and the grievance committee within ten (10) daysdays of the referral. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Union shall Employer’s decision will be represented at this meeting by delivered within five (5) days of the xxxxxxx and the business agentmeeting. The Employer shall An employee is entitled to be represented by a union representative or another available bargaining unit member of the Sheriff and/or employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.
10.04 A claim by an employee, except for a probationary employee, 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 employee with the Employer at Step #2 within five (5) days after the date the discharge or suspension is imposed A claim by an employee, except a probationary employee, that she has been unjustly disciplined (other Employer representativesthan discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.02 and 10.03.
10.05 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 fourteen (14) calendar days after the circumstances giving rise to the grievance having occurred or ought to have come to the attention of the nurse(s). The Sheriff grievance shall reply then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the appeal processing of such grievance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing at Step #2 within ten (10) days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such meetingnurse(s) could have herself instituted and the regular grievance procedure shall not be thereby bypassed.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as 8.01 Any nurse(s) or the Association may present a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer complaint at any time without recourse to the specific provision alleged to have been violated and shall adequately set forth formal written procedure contained herein, but in the facts pertaining to the alleged violation. All normal course of events grievances shall be commenced within ten (10registered with the Employer as follows: A nurse(s) days following or the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having Association on her/their behalf or in its own stead may present a grievance in connection with writing to the terms Director of this Agreement shall present it as followsNursing. Both parties Such a grievance must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten seven (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (37) days of said meeting, but in no event more than six (6) days after the grievance has been presented its occurrence or when it came to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by attention of the Sheriff nurse or his designated representativethe Association. The employee Director of Nursing shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received render a decision in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof writing within five (5) days following receipt of the Division Commander's written answer in day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step 2No. Upon appeal, the matter shall 2 may be recon- sidered at a meeting scheduled followed within ten (10) days. The Union grievance shall be referred to the Administrator or his designate who shall call a meeting of the Grievance Committee within seven (7) days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the grievor may be present at the meeting. It is further understood that the Home Administrator or his designate may have such counsel and assistance as he/she may desire at such meeting. The decision of the Home shall be delivered in writing within seven (7) days following the date of such meeting. If the decision is unsatisfactory to the nurse or the Association, it may be referred to arbitration in accordance with the arbitration procedure.
8.02 At any step in the grievance procedure, including the complaint stage, the nurse may be accompanied by/or represented by her nurse representative or any other Association official.
8.03 A complaint or grievance arising directly between the Home and the Association concerning the interpretation, application or alleged violation of the Agreement, shall be originated at this meeting Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the xxxxxxx Home will be forwarded in writing to the Local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses' Association. The grievance shall then be treated as having been initiated at Step No. 2 and the business agentapplicable provisions of this Article shall then apply with respect to the processing of such grievance.
8.04 Where the Association files a grievance on behalf of a nurse(s), or where a number of nurses have identical grievances, they may present a group grievance in writing to the Administrator, or his designate, within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this article shall then apply with respect to the processing of such grievance.
8.05 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of her right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines her right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply reduced to the appeal in writing and filed within ten (10) days following at Step #2. It is understood that probationary employees may be discharged, so long as the discharge was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.06 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.
8.07 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.08 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.09 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer's action or by reinstating the nurse and making her whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.10 The time limits set out in the Grievance and Arbitration procedures herein are mandatory and failing to comply strictly with such meetingtime limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Act.
8.11 Where a difference arises between the parties relating to the interpretation, application or administration 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, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1:
8.01 It is the mutual desire of the parties that grievances shall be adjusted as quickly as possible. It is understood that a nurse has no grievance until she or he has first given her or his immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) working days after the circumstances giving rise to the complaint became known to the nurse, or ought to have become known to the nurse. If the supervisor is unable to adjust the complaint to the nurse's satisfaction within five (5) working days, the nurse may proceed with the grievance procedure at Step 1.
8.02 A grievance is defined as a claim reasonably and sensibly founded on an complaint relating to the interpretation, application, administration or alleged violation of this Agreement.
8.03 Any nurse(s) or the Union making a complaint and/or grievances shall have the right of Union representation at any or all steps of the grievance procedure. Any grievance filed The Employer shall refer to inform the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationnurse(s) of this right. All grievances shall be commenced taken up in the following manner: Any nurse(s) having a grievance must submit the written grievance form to her or his immediate supervisor within ten (10) working days following of the incident which caused the grievance. Any claims not conforming supervisor’s response to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as followsnurse's verbal complaint. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by identify the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days nature of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, the relevant articles of the Agreement and the remedy requested. Her or his supervisor shall reply in writing to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx nurse within ten (10) working days following such meetingfrom the date the complaint or grievance was brought to her or his attention. STEP 3 If the grievance further action is not satisfactorily resolved at Step 2to be taken, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled then within ten (10) daysworking days after the decision is rendered in Step #1, the nurse shall submit the grievance to the Administrator. A meeting will then be held between the Administrator and the nurse(s), the Grievance Committee and the Labour Relations Officer at a time mutually agreeable to the Employer and the Union. The Union decision of the Administrator shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal given in writing within ten (10) working days following of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render a decision or if the decision is unsatisfactory to the nurse or the Union, it may be referred to Arbitration.
8.04 Should the Employer discharge, suspend or discipline any nurse(s), notification by the Employer to such meetingnurse(s) shall be made in the presence of a Nurse Representative, unless such representation is specifically waived by the nurse. The nurse(s) and the Nurse Representative shall be provided with written reasons for the discharge, suspension or discipline. Should the nurse(s) wish to file a grievance against a suspension or discharge, it shall be reduced to writing and filed under Step #2 of the Grievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 9.01 For the purposes of this collective agreement a grievance is defined as a claim reasonably and sensibly founded on an difference arising between the parties relating to the interpretation, application, administration, or alleged violation of this Agreement. Any grievance filed shall refer the agreement, including any question as to whether a matter is arbitrable.
(a) It is the specific provision alleged to have been violated and shall adequately set forth mutual desire of the facts pertaining to the alleged violation. All grievances parties that complaints of employees shall be commenced within ten adjusted as quickly as possible.
(10b) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition Employees shall be automatically defined as not constituting provided with a valid grievancecopy of all written reprimands or disciplinary notices which are to be entered into their records. In the event that an employee is suspended or discharged, the company will notify the union in writing before the end of the next working day.
8.2: An 9.03 It is generally understood that an employee having a has no complaint or grievance in connection until the employee either directly or through the union, has first given the immediate supervisor an opportunity to resolve it.
9.04 If after registering the complaint with the terms supervisor and such complaint is not settled within two regular working days, then the following steps of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 procedures may be invoked:
Step I The employee through the union, may present a written grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) calendar days after the grievance has been presented circumstances giving rise to the supervisor. He/she shall complaint have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by occurred or ought to have reasonably come to the Sheriff or his designated representativeattention of the employee. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt signed by the employee and it shall include the nature of the answer in Step 1 by submitting grievance, the grievance in writing, specifying remedy sought and the provisions of the contract allegedly violated and the facts thereof, and by signing agreement which are alleged to have been violated. The immediate supervisor shall deliver his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within decision in writing within five (5) calendar days following receipt the presentation of the written grievance, the Division Commander, or hisgrievance to him/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievanceher. The Division Commander, or his/her representative, shall submit a written answer A copy will be provided to the affected employee and the xxxxxxx union xxxxxxx.
Step II Failing settlement, within ten (10) calendar days following such meeting. STEP 3 If from the final date for the immediate supervisor’s reply, the grievance is not satisfactorily resolved may be submitted in writing to the Human Resources Manager. A meeting will be held between the Company and no more than two (2) members of the grievance committee. Such meeting shall be held within seven (7) calendar days of submission of the grievance at Step 2, II. The decision of the decision rendered may Company shall be appealed to the Sheriff by giving the Sheriff written notice thereof delivered in writing within five (5) calendar days following receipt the date of such meeting a copy shall be given to the union. A staff representative of the Division Commander's written answer in Step 2. Upon appealunion, the matter shall xxxxxxx who handled the grievance and the grievor may be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented present at this meeting if requested by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingeither party.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.112.1: A grievance is defined as a claim reasonably and sensibly founded on of an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.the
8.212.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. :
STEP 1 1: The grievance shall be verbally presented reduced to writing by the employee and and/or Union representative and presented to his/her immediate supervisor the Undersheriff within said the ten (10) working day period, requesting that the grievance be adjusted. The supervisor Undersheriff shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) working days of said meeting, but in no event more than six (6) working days after the grievance has been presented to the supervisorUndersheriff. He/she The employee shall have his/her a xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor Undersheriff to discuss the grievance. The answer of the immediate supervisor Undersheriff may be given verbally. .
STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 2: If the grievance is not satisfactorily resolved at Step 21, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) working days following receipt of the Division Commander's Undersheriff’s written answer in Step 21. Upon appeal, the matter shall be recon- sidered reconsidered at a meeting scheduled within ten (10) working days. The Union shall be represented at this meeting by the xxxxxxx Local President or his or her designee and the business agentMAP Labor Relations Specialist. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) working days following such meeting.
STEP 3: In the event that the grievance is not satisfactorily resolved at Step 2, the Union may Appeal the matter to an arbitrator by giving the Sheriff written notice of its intent to arbitrate within ten (10) working days following receipt of the Employer’s answer in Step 2.
12.3: If a timely request for arbitration is filed by the Union on a grievance, the union shall submit a request for a panel from the Federal Mediation and Conciliation Service under the rules of the American Arbitration Association. The fees and services of the arbitrator shall be shared equally by the Union and the Employer, but each party shall bear the costs of its own expenses and witnesses.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation A. All complaints, disputes or grievances arising between the parties hereto relating to or in connection with or involving questions of interpretation or application of any clause of this AgreementAgreement or any acts, conduct or relations between the parties, directly or indirectly, shall be processed pursuant to this Article. Any grievance filed Except as otherwise provided, the Union and the Employer agree that there shall refer to the specific provision alleged to have been violated and shall adequately be no strike or lockout or work stoppage without having first utilized all procedures set forth the facts pertaining to the alleged violation. All herein.
STEP 1 Complaints, disputes or grievances shall be commenced within ten (10) days following taken up by the incident which caused delegates of the grievance. Any claims not conforming to employees or by the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection union with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer representatives of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof Employer within five (5) days following receipt after the union has a reasonable opportunity to learn of the Division Commander's existence of a complaint, dispute or grievance. The party against whom the complaint has been filed shall have seventy-two (72) hours to provide its answer to the complaint, dispute or grievance.
STEP 2 If the parties are unable to settle the dispute within thirty (30) days after the answer of the party complained against, the grieving party shall notify the other party, in writing, of his desire to submit the matter to arbitration. After being notified of a desire to arbitrate, the parties shall attempt to name one impartial arbitrator. In the event the Employer and the Union are unable to agree upon an impartial arbitrator within five (5) days thereafter, either party may request the American Arbitration Association to submit a list of five (5) names from which the parties shall each strike two (2) names alternatively, and the person remaining shall then serve as the arbitrator. The parties shall determine which strikes the first name by lot and of the times provided above may be extended by mutual Agreement. The expenses of the arbitrator shall be shared equally by the parties. The arbitration shall be governed by the Voluntary Rules of Labor Arbitration of the American Arbitration Association and shall take place at a location to be agreed upon by the parties. If the parties are unable to agree, the location of the place, of arbitration hearing shall be decided upon by the impartial arbitrator, who shall give prime consideration to the convenience of the grievant and his witness. The sole function of the arbitrator shall be to interpret the express provisions of this Agreement and apply them to the facts of this complaint, dispute or grievance. In the event that a breach of this Agreement or any of the terms thereof has been found, the arbitrator may issue any and all mandatory directions, prohibitions, or orders directed to or against any party breaching this Agreement or any part thereof. The arbitrator shall have no power to change, amend, modify, add to or subtract from, or otherwise alter this Agreement.
B. The failure of the party against whom the complaint, dispute, or grievance is lodged to meet with the complaining party; or the refusal of either side to submit to the grievance procedure at any step or the failure to comply with the decision at any step, or the final decision of the arbitrator, withdraws the benefits of this Article insofar as the refusing party is concerned, and the other party will then be permitted all economic and legal recourse, including the right to strike or the right to lockout.
C. Any employee subject to discipline by the Employer shall be notified in writing of the charge against him or her. Such written answer in Step 2notice shall be given to the employee at least forty-eight (48) hours after he or she has been disciplined and a copy of the notification shall be sent to the Union. Upon appeal, Any grievance relating to a discharge shall be expedited and the matter shall be recon- sidered at a meeting scheduled arbitrable within ten five (105) days. working days from the date of receipt of the notification of discharge.
D. The Union shall time limits set forth in this Article may be represented at this meeting extended if mutually agreed to by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal parties in writing within ten (10) days following such meetingwriting.
Appears in 1 contract
Samples: Collective Bargaining Agreement (New York Regional Rail Corp)
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A A.4.1 For the purposes of this Collective Agreement, a grievance is defined as being a claim reasonably and sensibly founded on an alleged that there has been a violation of this Collective Agreement and that the Board or the Union has acted, for the purpose of application, administration or interpretation, in a manner which violates this Collective Agreement.
A.4.2 If any employee has a complaint, the employee shall first discuss the complaint with his immediate supervisor. Any The employee may be accompanied by a Union Xxxxxxx when agreed upon by the Chief Xxxxxxx and Manager of Caretaking Services or Manager of Maintenance Services. For purposes of the grievance filed procedure, the immediate supervisor is defined as follows: In an elementary school, the immediate supervisor shall refer be the Principal, Vice-Principal or in their absence the Supervisor of Facility Services. In a secondary school, the immediate supervisor shall be the Principal, Vice-Principal and/or the Supervisor of Facility Services. In the Community Education Centres, Education Centres and the Maintenance Centre, the immediate supervisor shall be the Foreperson or Supervisor of Facility Services or Assistant Manager of Maintenance Services as applicable.
A.4.3 If the discussion with the immediate supervisor does not result in a settlement of the complaint within a period of five (5) working days, and the employee wishes to proceed further, then the following steps in the Grievance Procedure should be followed. Management’s written reply, at all steps, shall be addressed and sent to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. xxxxxxx involved.
A.4.3.1 Step 1: All written grievances shall must be commenced submitted within ten (10) working days following after the incident circumstances which caused the grievance. Any claims not conforming gave rise to it came, or ought to have come, to the provisions attention of this definition the individual concerned. The aggrieved employee shall first contact his xxxxxxx. If the xxxxxxx considers the matter to be automatically a grievance, as defined in A.4.1, then the employee, accompanied by his xxxxxxx, may present his grievance to his immediate supervisor, as not constituting a valid grievance.
8.2: An employee having a grievance defined in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step A.4.2, in the area or work location where the grievance processis alleged to have occurred. STEP 1 The grievance shall be verbally presented in writing, signed by the employee xxxxxxx, and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that shall advise Management of the remedy sought and any provision of this Collective Agreement upon which the grievance be adjustedis based. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented provide to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employeexxxxxxx, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof including rationale within five (5) working days following receipt after the meeting. In the normal course, neither the Assistant Manager of Caretaking nor the Division Commander's written answer Assistant Manager of Maintenance will have been present at the Step 1 meeting; however, in the event either one does attend the meeting, then it will be considered to have been a Step 2. Upon appeal, 2 meeting and if the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by takes the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply grievance forward they may proceed directly to the appeal in writing within ten (10) days following such meetingStep 3.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation 10.1 Only matters involving the meaning of the written provisions of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances Agreement shall be commenced the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file the grievance in writing with the Employee’s Department Head within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) working days after the grievance has been presented to action which serves as the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay basis for the time spent with the supervisor to discuss the grievance. The answer of Department Head will investigate the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory complaint to the employee, the grievance determine its validity and shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager within ten (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board within ten (10) working days of the response of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen (14) working days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following such meetingan unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.1 A grievance is shall be defined as a claim reasonably any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and sensibly founded on an alleged violation provisions of this Agreement. Any grievance filed shall refer Having a desire to create and maintain labor relations harmony between them, the specific provision alleged parties hereto agree that they will promptly attempt to have been violated adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievanceAgreement.
8.2: An 10.2 Thus, should grievances arise other than from cases of discharge and/or suspension, the grievant shall use the following procedures. This grievance procedure is the sole and exclusive avenue of redress available to any bargaining unit member. No person covered by this agreement shall use the grievance procedure in the City Personnel Manual for any purpose whatsoever.
STEP 1 In the event an employee having believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in immediate supervisor, either privately, or if the grievance process. STEP 1 The grievance shall be verbally presented employee prefers, accompanied by the employee and Union on-site Federation representative within five (5) working days of the date of the occurrence of the event giving rise to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjustedgrievance. The supervisor shall meet then respond within five (5) working days.
STEP 2 In the event the grievant and/or the Federation is not satisfied with the employee to discuss decision of the supervisor, the grievant and/or the on-site Federation representative shall present the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory writing to the employee’s department director within seven (7) working days of the date of the aforesaid decision. Upon presentation of this written grievance to the department director, and within seven (7) working days thereafter, the department director, the employee and the on-site Federation representative shall attempt to resolve the dispute. Within seven (7) working days thereafter, the department director shall render a decision in writing to both the employee and to the on-site Federation representative. In the event the grievant and/or the Federation is not satisfied with the written answer to Step 2 above, the grievance shall be appealed presented within three seven (37) working days after the written answer above to the City Manager or designee, who will, within seven (7) working days of the receipt of same, meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within seven (7) working days after this meeting, the City Manager or designee shall render a decision in writing.
10.3 In the event an employee is discharged or suspended by the City, the employee shall, within seven (7) working days, grieve his discharge and/or suspension to the City Manager or designee who shall, within seven (7) working days of the receipt of the answer same, meet with a representative of the Federation in Step 1 an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative shall also be present. Within seven (7) working days after this meeting, the City Manager or designee shall render his decision in writing.
10.4 The time limitations provided in this Article shall be strictly observed. An employee covered by submitting the this Agreement may withdraw a grievance at any point by submitting, in writing, specifying a statement to that effect, or by permitting the provisions time requirements to lapse. Any grievance not advanced by the employee or employees to the next higher step within the time limits provided shall be deemed permanently withdrawn and as having been settled on the basis on the most recent response. A grievance not answered by the City within the time limits provided shall be automatically advanced to the next higher level. These time limitations may be extended only by written agreement of the contract allegedly violated and parties.
10.5 Application to this procedure shall prevent the facts thereof, and by signing his/her name grievant from appealing to any other available procedure or visa-versa.
10.6 Nothing in this Article shall require the grievance, Federation to the Division Commander, or his/her designated representative. A copy process grievances for employees who are not members of the grievance shall be sent to the Labor Relations Manager Federation, in conformity with Florida law. 10.7 Notwithstanding any section of the County. Within five (5) days following receipt of the written grievancethis Article, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered either party may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.request that
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: Section 1. A grievance is defined as a claim reasonably and sensibly founded on an alleged violation within the meaning of this Agreement. Any Agreement shall be any difference of opinion, controversy or dispute arising between the parties hereto relating to any matter of wages, hours and working conditions, or any dispute between the parties involving interpretation or application of any provisions of this Agreement and shall be processed in the following manner:
(a) An aggrieved employee must first present the grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth Employer and/or the facts pertaining Union Xxxxxxx within five (5) working days after the event giving rise to the alleged violation. All grievances grievance, or when the employee first became aware of it.
(b) If the grievance is not settled in the first step within five (5) working days it shall be commenced presented in writing through the Union, to the Employer, within ten (10) working days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievancethereafter.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in (c) If no agreement can be reached on the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day periodworking days from the date it was first presented to the Employer, requesting either the Union or the Employer may request in writing that the grievance matter be adjusted. The supervisor shall meet with submitted to the employee to discuss the grievance and will attempt to respond to said grievance Board of Adjustment within three (3) working days thereafter. The Board of said meeting, but Adjustment shall be comprised of two (2) representatives of the Union to be selected by the Union and two (2) representatives of the Employer to be selected by the Employer involved in no event more than six the grievance. The Board of Adjustment shall render its decision within five (65) working days after submission.
(d) If the grievance has been presented Board of Adjustment is unable to the supervisor. He/she reach a decision in five (5) working days, they shall have his/her xxxxxxx present. No settlement endeavor to mutually select an impartial arbitrator to render a decision which shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor on all parties to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of Employer and the immediate supervisor received in Step 1 is Union cannot satisfactory agree upon an Arbitrator within the seventy-two (72) hours, a joint request will be made to the employee, the grievance shall be appealed within three (3) days Federal Mediation and Conciliation Service to forward a list of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt impartial arbitrators with each side having the privilege of scratching two (2). Decision of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting arbitrator to be final and binding with the xxxxxxx expense of the arbitrator to be divided equally between the parties. Time limits set forth shall exclude Saturday, Sundays and Holidays. Time limits may be extended by mutual onset of the affected employee for the purpose of discussing the grievance. The Division Commander, parties.
(e) Nothing contained herein may be interpreted to permit or his/her representative, shall submit a written answer grant power to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2arbitrator to alter, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt amend, modify or otherwise change any terms or conditions of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingcollective bargaining agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this AgreementCollective Agreement including any question as to whether a matter is arbitrable. Any grievance filed All grievances shall refer be in writing and contain a statement of facts giving rise to the specific provision alleged grievance, the redress sought, and indication of the Article(s) of this Collective Agreement to have been violated and shall adequately set forth must be filed within fourteen (14) days of the facts pertaining circumstances giving rise to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor and the matter has not been resolved. Such complaint shall be discussed within seven (7) calendar days after the circumstances giving rise to it have occurred and failing resolution, it may be taken up as a grievance at step 2 within seven (7) calendar days following advice of her supervisor’s decision in the manner and sequence outlined below. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the supervisor. He/she Program Director or designate who shall have his/give her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed decision within three seven (37) calendar days of receipt of the answer in grievance. If the matter is not satisfactorily resolved at Step 1 by submitting #1, the employee may submit a grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name writing to the grievance, to the Division Commander, Regional/Program Director or his/designate who shall give her designated representative. A copy decision within seven (7) calendar days of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step step # 2, the employee may submit the written grievance to the President/CEO or designate within seven (7) calendar days following the decision rendered at step # 1. A meeting will be held between the Employer and the grievance committee within fourteen (14) calendar days of the referral. It is agreed that a staff representative of the Union may be appealed to present at the Sheriff by giving meeting and that the Sheriff written notice thereof Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be delivered within five seven (57) calendar days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter meeting.
10.04 A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be recon- sidered at treated as a meeting scheduled within ten (10) days. The Union shall be represented at this meeting grievance if a written statement of such grievance is lodged by the xxxxxxx and employee with the business agent. The Employer shall be represented by at Step #2 within seven (7) calendar days after the Sheriff and/or other Employer representatives. The Sheriff shall reply to date the appeal in writing within ten (10) days following such meetingdischarge or suspension is imposed.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this AgreementCollective Agreement including any question as to whether a matter is arbitrable. Any grievance filed All grievances shall refer be in writing and contain a statement of facts giving rise to the specific provision alleged grievance, the redress sought, and indication of the Article(s) of this Collective Agreement to have been violated and shall adequately set forth must be filed within fourteen (14) days of the facts pertaining circumstances giving rise to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor and the matter has not been resolved. Such complaint shall be discussed within seven (7) calendar days after the circumstances giving rise to it have occurred and failing resolution, it may be taken up as a grievance at step 2 within seven (7) calendar days following advice of her supervisor‟s decision in the manner and sequence outlined below. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented writing to the supervisor. He/she Program Director or designate who shall have his/give her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed decision within three seven (37) calendar days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance matter is not satisfactorily resolved at Step 2#1, the decision rendered employee may be appealed submit a grievance in writing to the Sheriff by giving the Sheriff written notice thereof President/ CEO or designate who shall give her decision within five seven (57) calendar days following of receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter grievance.
10.04 A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be recon- sidered at treated as a meeting scheduled within ten (10) days. The Union shall be represented at this meeting grievance if a written statement of such grievance is lodged by the xxxxxxx and employee with the business agent. The Employer shall be represented by at Step #2 within seven (7) calendar days after the Sheriff and/or other Employer representatives. The Sheriff shall reply to date the appeal in writing within ten (10) days following such meetingdischarge or suspension is imposed.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 8.01 It is the mutual desire of the parties that grievances shall be adjusted as quickly as possible. It is understood that a nurse has no grievance until she or he has first given her or his immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) working days after the circumstances giving rise to the complaint became known to the nurse, or ought to have become known to the nurse. If the supervisor is unable to adjust the complaint to the nurse's satisfaction within five (5) working days, the nurse may proceed with the grievance procedure at Step 1.
8.02 A grievance is defined as a claim reasonably and sensibly founded on an complaint relating to the interpretation, application, administration or alleged violation of this Agreement.
8.03 Any nurse(s) or the Union making a complaint and/or grievances shall have the right of Union representation at any or all steps of the grievance procedure. Any grievance filed The Employer shall refer to inform the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationnurse(s) of this right. All grievances shall be commenced taken up in the following manner: Any nurse(s) having a grievance must submit the written grievance form to her or his immediate supervisor within ten (10) working days following of the incident which caused the grievance. Any claims not conforming supervisor’s response to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as followsnurse's verbal complaint. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by identify the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days nature of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, the relevant articles of the Agreement and the remedy requested. Her or his supervisor shall reply in writing to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx nurse within ten (10) working days following such meetingfrom the date the complaint or grievance was brought to her or his attention. STEP 3 If the grievance further action is not satisfactorily resolved at Step 2to be taken, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled then within ten (10) daysworking days after the decision is rendered in Step #1, the nurse shall submit the grievance to the Administrator. A meeting will then be held between the Administrator and the nurse(s), the Grievance Committee and the Labour Relations Officer at a time mutually agreeable to the Employer and the Union. The Union decision of the Administrator shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal given in writing within ten (10) working days following of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render a decision or if the decision is unsatisfactory to the nurse or the Union, it may be referred to Arbitration.
8.04 Should the Employer discharge, suspend or discipline any nurse(s), notification by the Employer to such meetingnurse(s) shall be made in the presence of a Nurse Representative, unless such representation is specifically waived by the nurse. The nurse(s) and the Nurse Representative shall be provided with written reasons for the discharge, suspension or discipline. Should the nurse(s) wish to file a grievance against a suspension or discharge, it shall be reduced to writing and filed under Step #2 of the Grievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A grievance is defined as a claim reasonably 6.1 If any difference arises between TCS and sensibly founded on an alleged violation the Union concerning the meaning, interpretation or application of this Agreement. Any grievance filed shall refer , except any matter arising out of or related to the specific provision alleged discharge of an employee pursuant to have been violated and Article 5.3 or 12 of this Agreement, it shall adequately set forth be disposed of in the facts pertaining following manner:
Step 1: The employee or the Union shall present a written grievance to the alleged violation. All grievances shall be commenced Operations Manager of TCS or his designee within ten fifteen (1015) business days following of the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusteddispute. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days Operations Manager of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff TCS or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received designee must respond in Step 1 is not satisfactory to the employee, the grievance shall be appealed writing within three fifteen (315) business days of receipt of the answer grievance, stating his decision regarding the grievance.
Step 2: A grievance not resolved in Step 1 may be progressed by submitting the grievance employee's representative to the Executive Vice President - Rail of OmniTRAX, Inc. ("EVP") in writing, specifying writing within fifteen (15) business days of receipt by the provisions employee of the contract allegedly violated and the facts thereofwritten decision, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy requesting a review of the grievance shall be sent to the Labor Relations Manager of the Countydecision. Within five fifteen (515) business days following of receipt of the written grievancerequest for review, the Division CommanderEVP must render a final decision.
6.2 The settlement of a grievance shall not under any circumstances involve retroactive pay beyond thirty (30) calendar days prior to the date the grievance was scheduled at Step 1 of this Article unless the Union provides reasonable extenuating circumstances to extend the period of retroactive pay.
6.3 Any grievance not advanced by the employee or his designated Union representative within the prescribed time limits shall be deemed abandoned. Any grievance abandoned by the Union will not be considered as a precedent or waiver of the contentions of the Union as to similar cases. When the appropriate officer of TCS does not render a decision within the prescribed time limits, the grievance will, without prejudice or his/her representativeprecedent, shall schedule a meeting with be considered surrendered by TCS and such grievance will be considered resolved on the xxxxxxx basis of the Union's position.
6.4 The parties may agree to submit the matter to mediation by the Managing Director of OmniTRAX and the affected employee designated representative of the Union prior to submitting the matter to arbitration. Such a submission must take place with fifteen (15) days of the receipt of the decision of the EVP and the mediation must take place with thirty (30) days of the receipt of the request for mediation.
(a) If a grievance has been processed in the purpose manner and through each of discussing the grievancesteps outlined in Article 6.1 or an appeal against the discipline imposed has been processed in the manner and through each of the steps outlined in Article 12, and still has not been settled or disposed of, it may be referred to arbitration by TCS or the Union for final and binding settlement without a work stoppage. The Division Commanderparty making the referral shall do so within forty-five (45) days of the receipt of the EVP's decision unless one of the parties has referred the matter to mediation pursuant to Article 6.4 above in which case the party making the referral shall do so within forty-five (45) days of the receipt of the decision of the mediator.
(b) The referring party shall refer the grievance to a mutually acceptable arbitrator. The Union and TCS shall mutually share the cost of the arbitrator.
(c) The parties shall contact the arbitrator to set the hearing date. Prior to the hearing, or his/her representative, TCS and the Union shall submit a written answer joint submission of the issues containing a statement of the claim, a statement of the facts, and a statement of the respective positions of the parties. If the parties cannot agree on the contents of the joint submission, each party may submit its separate statement of position.
(d) At the hearing, the parties may each present their case verbally or in writing to the affected employee arbitrator. The arbitrator shall consider only the dispute or question presented to him in the notice and the xxxxxxx within ten (10) days following such meetingdecision shall be limited to the dispute or question outlined in the request for arbitration. STEP 3 If The decision shall not add to, subtract from, modify or disregard any provision of this Agreement. The arbitrator's decision shall be final and binding.
6.6 Notwithstanding the grievance procedure set forth above, when there is a question regarding time to be paid, any portion of the time not satisfactorily resolved in dispute will be paid and TCS will notify the employee within fifteen (15) business days of its receipt of the time claim whether it is allowing or disallowing the claim. If TCS disallows the claim, it must state its reasons for doing so in writing. Any claim not responded to by TCS within fifteen (15) business days of its receipt shall, without prejudice or precedent, be deemed approved and shall be paid by TCS. The decision to disallow a time claim is subject to the grievance procedure, starting at Step 2, .
6.7 No employee shall be discriminated against or disciplined for lawful Union activities or for reporting an alleged violation of any provision of this Agreement to the decision rendered Union.
6.8 All time limits provided for in this Article may be appealed to extended by the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt mutual agreement of the Division Commander's written answer in Step 2parties. Upon appeal, the matter Such agreement shall not be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meetingunreasonably withheld.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: A 5.01 The purpose of this Article is to provide an orderly method for the settlement of employee grievances. If an employee has a grievance, it shall be reduced to writing on forms supplied by the Union within five (5) working days of the incident or date of discovery thereof, and be presented to the Company in writing. If not submitted in the allotted time the grievance shall be deemed to have been waived and shall not be considered. If the grievance is defined not settled in Step One, it will be resubmitted to the Company in writing, stating which Article of the contract the employee feels the Company has violated and processed in accordance with the following steps. A Union Xxxxxxx must be present at all formal Step 1 and 2 grievance meetings.
5.02 The employee and his department Xxxxxxx will present the alleged grievance, which must be signed by the employee, to his immediate supervisor or manager. If the department Xxxxxxx is not available, then another Xxxxxxx will be selected by the employee. If that Xxxxxxx is not available then the Company will select one. The supervisors and managers are as follows: Order Assembly Shipping/Receiving Book and Magazine Returns Night Shift Fleet Department Manager, Human Resources may be included in this meeting at Company discretion. The Supervisor/Manager must give his decision on the written grievance form within three (3) working days following the presentation of the grievance to him. If the grievance is not settled in Step 1, the Xxxxxxx will, within five (5) working days after receipt of the Step 1 decision, re-submit the written grievances as follows:
5.03 The grievance will be submitted in writing by the Xxxxxxx and the aggrieved employee to the Departmental Manager As authorized representative of the Union may be present at the request of either the Company or the Union. The Manager or his designate shall deliver his decision in writing within seven (7) working days after receiving the written grievance. It is understood that the Manager or his designate may have such counsel and assistance as he may desire at any meeting with the Union.
5.04 Failing a claim reasonably and sensibly founded on an settlement under the foregoing procedure of any grievance between parties arising from the interpretation, application, administration or alleged violation of this Agreement. Any , including any questions as to whether a matter is arbitrable, such grievance filed shall refer may be submitted to the specific provision alleged to have been violated arbitration as hereinafter provided and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced if no written request for arbitration is received within ten (10) working days following after the incident which caused the grievance. Any claims not conforming to the provisions of this definition decision under Step 2 is given, it shall be automatically defined as not constituting a valid grievancedeemed to have been abandoned without prejudice.
8.2: An employee having a grievance in connection with 5.05 Any difference arising directly between the terms Company and the Union involving the interpretation or alleged violation of this Agreement may be submitted in writing and dealt with through the respective representatives of the parties commencing with Step 2 of the Grievance Procedure and the time limits provided under the applicable provisions of the Grievance Procedure shall present it as follows. Both parties must mutually agree appropriately apply to waive any step in the grievance process. STEP 1 The grievance both parties.
5.06 A claim by an employee who has completed his probationary period that he has been unjustly discharged, suspended or laid off, shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the treated as a grievance be adjusted. The supervisor shall meet if a written statement of such grievance is lodged with the employee to discuss the grievance and will attempt to respond to said grievance Department head within three (3) days of said meeting, but in no event more than six (6) working days after the employee ceases to work for the Company and the first step of the Grievance Procedure will be omitted in such cases.
5.07 Such special grievance has been presented to may be settled under the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall Grievance and Arbitration procedures by:
(a) Confirming the Company’s action in the dismissal, suspension or layoff of the employee;
(b) Reinstating the employee with full compensation for time lost; or
(c) By any other arrangement which may be deemed just and equitable.
5.08 All agreements reached under the Grievance and Arbitration procedures between the representatives of the Company and of the Union will be final and binding until it upon the Company and the Union and employee or employees concerned.
5.09 In all steps of the Grievance Procedure, where no written answer has been approved by given within the Sheriff time limits specified, or his designated representative. The employee within a longer period mutually agreed upon, the employee(s) concerned, the Union or the Company, as the case may be, shall suffer no loss be entitled to submit the grievance to the next step of pay the Grievance Procedure, including arbitration.
5.10 When either party requests that any matter be submitted to arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party to this agreement, and at the same time, shall suggest the names of three arbitrators in writing whom it would be prepared to accept as sole arbitrator for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the Countyarbitration. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) working days following such meetingthereafter the other party shall either agree to one of the three suggested arbitrators or it shall propose three different arbitrators in writing to the other party. STEP 3 If This procedure of suggesting arbitrators shall continue until a mutually acceptable arbitrator is selected. However, at any point in time after the grievance is first six arbitrators names have been exchanged, either party may apply to the Ontario Ministry of Labour for the appointment of an arbitrator who shall hear and determine the grievance.
5.11 No matter may be submitted to arbitration which has not satisfactorily resolved at Step 2been properly carried through the required steps of the Grievance Procedure.
5.12 An arbitrator shall not have the right to alter, change, modify or amend any provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement.
5.13 The proceedings of the Arbitration will be expedited by the parties hereto, and the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, Arbitrator will be final and binding upon the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx parties hereto and the business agent. employees concerned.
5.14 The Employer shall be represented by parties will jointly bear the Sheriff and/or other Employer representatives. The Sheriff shall reply to expense of the appeal in writing within ten (10) days following such meetingArbitrator.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.1: 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
10.02 A formal grievance is defined as a claim reasonably and sensibly founded on an alleged difference over the interpretation, application, administration or alleged violation of this Agreement. Any grievance filed shall refer Collective Agreement including any question as to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violationwhether a matter is arbitrable. All grievances shall be commenced in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement and must be filed within ten (10) days following of the incident which caused the grievance. Any claims not conforming circumstance giving rise to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee having may submit a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree writing to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor who shall give her decision within said ten five (105) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) working days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2#1, the decision rendered employee may be appealed submit the written grievance to the Sheriff by giving the Sheriff written notice thereof Site Director or her designate within five (5) days following receipt of the Division Commander's written answer decision in Step 2#1. Upon appeal, A meeting will be held between the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx Employer and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing grievance committee within ten (10) days following of the referral. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be delivered within five (5) days of the meeting. An employee is entitled to be represented by a union representative or another available bargaining unit member of the employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance.
10.04 A claim by an employee, except a probationary employee, 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 employee with the Employer at Step #2 within five (5) days after the date the discharge or suspension is imposed A claim by an employee, except a probationary employee, that she has been unjustly disciplined (other than discharge or suspension) shall be treated as a grievance if lodged by the employee in accordance with the time limits and procedures set out in Articles 10.02 and 10.03.
10.05 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 fourteen (14) calendar days after the circumstances giving rise to the grievance having occurred or ought to have come to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
10.06 A grievance arising between the Employer and the Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing at Step #2 within ten
Appears in 1 contract
Samples: Collective Agreement