Common use of GRIEVANCE AND ARBITRATION Clause in Contracts

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Franchise Agreement

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GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with 28.1 Disputes in respect to any matter arising out of this Agreement or concerning the interpretationmeaning, application interpretation or alleged violation of the terms of this Agreement. 15.02 Any agreement, or when an employee believing claims that s/he has been unjustly dealt with or that in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the provisions of this Agreement have not been complied withissue with the appropriate supervisor, shall have the right to place such grievances may be dealt with in the hands of following manner: Step 1 The aggrieved employee or the Union for review and adjustment by the Employer, if necessary. Such grievances Local Chairperson shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to present the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week appropriate Head of the decision of Department within 28 calendar days following the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose cause of the grievance. The disposition shall be Such Head of Department will render a decision in writing and returned to the officers within 28 calendar days following receipt of the Unionwritten grievance. If considered necessary by the partiesDuring that period of time, a meeting may be held take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the parties and may include the interested persons. If a meeting is heldCompany to handle grievances, within 42 calendar days following receipt of the decision shall rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be given referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within seven (7) 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination filing of the effective date of the increase with retro-activity theretostep one grievance will be considered as dropped. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Full-Time and Part-Time For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that . The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied withviolated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. It is the hands mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union for review and adjustment by the Employer, Xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between the employee concerned, discussed with his Union representative and the Company. The grievance must be filed immediate supervisor within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to (designated by Hospital). The employee may be accompanied by a Union Xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to STANDARD a Central Guide Document October him. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then: Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1designated by Hospital). A meeting will then be held between the (designated by Hospital) week of and the decision of designated union representatives who may be accompanied by the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers general representative of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten days following the date of such meeting.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 25.01 Both the EmployerCompany and the Union emphasize the importance of the grievance procedure, the Union or any employee purpose of which will be to settle as many grievances as possible promptly and on the spot. Accordingly, grievances shall be considered timely if filed at Step 1 within ten (10) business days of the incident giving rise to the grievance and also provided that it has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has first been unjustly dealt with or as a complaint. It is further agreed that the provisions of this Agreement have not been complied with, shall have the right to place such grievances consultation at any step in the hands following procedure will take place quietly and speedily so that any possible cause of the Union for review and adjustment by the Employer, if necessaryfriction may be reduced to a minimum. Such grievances shall Grievances will be processed as follows: - Between COMPLAINT STAGE The employee shall discuss the employee concerned, his Union representative and the Companymatter with their supervisor in an effort to achieve a satisfactory resolution. The grievance must employee may be filed accompanied by a Union xxxxxxx or their alternative during such discussion if they feel this will be of assistance in explaining their complaint. If a satisfactory settlement is not reached the complaint may be carried forward to Step 1 as a grievance. STEP 1 If the discussion with the supervisor does not resolve the matter to the employee’s satisfaction, a written grievance, duly signed by the employee, may be presented to Human Resources within eighteen ten (1810) working business days after of the event incident giving rise to the grievance occurs and or within this period ten (10) business days of time it shall be discussed at this Stepthe receipt of the copy being provided to the Union as per 24.02. The Manager shall Human Resources will give an oral decision a written answer to the grievance within four five (45) working business days from of receipt of the date the discussion took place. grievance. STEP 2 If the Union wishes to appeal decision at Step 1 is unsatisfactory to the next Stepemployee, the grievance shall may be reduced re-submitted to writing and Human Resources within five (5) business days of the appeal shall be filed with the Store Manger within six written response at Step 1. Within a further ten (610) working days from the Store Manager's oral decision. Between the employee concernedbusiness days, Human Resources will contact the Union representativerepresentative to schedule a meeting to be attended by Human Resources, the Department Manager, the Plant Manager and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.the

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the EmployerA grievance is defined as an alleged violation, the Union misinterpretation or any employee has a right to lodge a grievance misapplication with respect to one or more support staff of any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, agreement. Grievances shall have be resolved exclusively in accordance with the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessaryprocedures set forth. Such All formal grievances shall be processed as follows: - Between submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the employee concerned, his Union representative grievance and the Company. The grievance all information relative thereto must be filed discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within eighteen fifteen (1815) employee working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placeoccurrence. If the Union wishes to appeal to matter is not settled at the next StepSupervisor level within ten (10) employee working days, the grievance shall be reduced referred to writing and the appeal Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be filed required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the Store Manger support staff member and/or authorized representative within six five (65) employee working days from of receiving the Store Managerwritten grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's oral decisionresponse to the grievance shall be made in writing within ten (10) employee working days of said discussion. Between If the matter is not resolved within ten (10) employee concerned, the Union representative, the Department Managerworking days of said discussion, and the Companysupport staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion at this Step shall be held within seven of the matter with a representative of the Association and the employee involved. Within fifteen (715) employee working days of the date said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the appealBoard no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the Employer at this Step arbitrator shall be in writing final and be made within four (4) working days binding for the duration of the date Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance arbitrator shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary shared equally by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure Association and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity theretoBoard. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 4 contracts

Samples: Support Staff Contract Agreement, Support Staff Contract Agreement, Support Staff Contract Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge 16.01 Where there is a grievance with respect to any matter arising out of this Agreement or concerning by an employee the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances same shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise made in writing to the grievance occurs and Shop Xxxxxxx within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four three (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (73) working days of the date occurrence. The Shop Xxxxxxx shall take the grievance up with the immediate superior of the appealaggrieved employee. 16.02 An answer shall be given not later than one (1) working day following presentation of the grievance by the Shop Xxxxxxx. 16.03 If the decision has not been given within the prescribed time or if the decision is not acceptable, then the grievance shall be submitted in writing to the Employer's representative on the job within one (1) further working day. 16.04 The Employer's representative on the job shall render his decision not later than two (2) working days of being presented with the grievance. 16.05 The Local Union shall be entitled to submit a grievance in writing directly to the Employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance to him. 16.06 The Employer or its representative shall be entitled to submit a grievance in writing directly to the Local Union. The Union shall render their decision not later than two (2) working days following the presentation of the Employer at this Step grievance to them. 16.07 Failing settlement any grievance shall be subject to arbitration in writing accordance with the following clauses. 16.08 The grievance shall be referred to the Joint Conference Board which will be required to hear the grievance and be made give an answer within four (4) working days of receiving the date of the meetinggrievance. Should the grieving party not be satisfied with the results, the procedure will be as follows. 16.09 The Union wish and the Employer shall agree upon an arbitrator who is willing to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of arbitrate the grievance. The disposition shall Failure of the Union and the Employer to agree upon an Arbitrator within three (3) working days, the matter will be in writing and returned referred to the officers Department of Training and Employment Development for the appointment of the Union. If considered necessary Arbitrator. 16.10 The Arbitrator shall hold a hearing within four (4) days after the grievance is submitted to him and shall render his decision to the parties within seventy-two (72) hours after the completion of the hearing, provided that a failure to make an award within the time prescribed or as extended by the parties, shall not invalidate the proceedings or terminate the authority of the arbitrator. 16.11 It is understood and agreed in the application of this article that there is no power in the participants to a meeting settlement, to add to, subtract from, or modify the terms of this agreement. The sole function of an Arbitrator shall be to interpret the meaning of the articles of this agreement and to render a decision which shall be binding on the parties. The Arbitrator shall have no power to add to, subtract from or modify the terms of this agreement. 16.12 The cost of the Arbitrator shall be borne equally by both parties (Employer & Union). 16.13 The times fixed by this article are mandatory but may be held extended by the parties and may include the interested personsmutual agreement in writing. If a meeting grievance or arbitration is heldnot processed within the time allowed, the decision grievance or arbitration shall be given deemed to the other party within seven (7) days from the date of the meetinghave been abandoned. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 4 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement, Collective Labour Agreement

GRIEVANCE AND ARBITRATION. 15.01 A grievance is defined as any dispute arising between the employer and a Residential Counselor involving the interpretation or application of this Agreement. Either party has access to the Employergrievance and arbitration procedure. Should any matter be presented in the grievance procedure that could be combined into a multi-person and/or class action, the Union or any employee has matter may be heard as a right multi-person and/or class action if both parties mutually agree to lodge a grievance with respect same in writing. Both parties will have an opportunity to any matter combine matters arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreementsame and/or similar incident(s) to be heard at the same time thereby resolving grievances in a more timely and efficient manner. 15.02 Any employee believing that he has been unjustly dealt with or that Step 1: A Residential Counselor’s grievance will first be presented by the provisions of this Agreement have not been complied with, shall have Residential Counselor involved and a Union Representative to the right to place such grievances Residential Counselor’s Program Manager in the hands writing within twenty (20) calendar days of the Union for review and adjustment by the Employer, if necessaryaggrieved action. Such All grievances shall be processed as follows: - Between submitted in writing on a completed form and must contain the employee concernedfollowing information: a) name of the Residential Counselor involved, his Union representative and b) contract articles violated, c) description of the Company. The grievance must be filed within eighteen (18) working days after the event giving rise circumstances leading to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4violation, d) working days from the date(s) the violation took place, e) site/individuals involved, f) a docket number, g) remedy requested and, h) the date the discussion took placegrievance was filed. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose Upon receipt of the grievance. The disposition shall be in writing and returned to , the officers of the Union. If considered necessary by the parties, parties will schedule a meeting may at the main office when the Residential Counselor is not scheduled to be held by the parties and may include the interested persons. If a meeting is heldon line, the decision shall be given to the other party within but no later than seven (7) days from following the date receipt of the grievance. A written response will be provided to the grievant and the Union within five (5) business days of the meeting. 15.03 In Step 2: If the case grievance is not settled at Step 1 to the satisfaction of a dismissalthe Residential Counselor, a the grievance may will be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed submitted to the Director of Residential Services or their designee in writing within five (5) working business days from of the date receipt of dismissal the Step 1 response. The Director of Residential Services or their designee will schedule a meeting (with the Residential Counselor and shall commence a Union Representative) at STEP TWOthe main office within 7 calendar days of receipt of the step 1 appeal during a time when the Residential Counselor is not scheduled to be on line. In any subsequent disposal The Director of this case during Residential Services or their designee will answer the grievance procedure, in writing within five (5) business days after the Employer may re-instate meeting. A written response will be provided to the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer grievant and the Union may file grievances commencing at STEP THREEwithin five (5) business days of the meeting. (a) Failing settlement under Step 3: If the foregoing proceduregrievance is not settled at Step 2 to the satisfaction of the Residential Counselor, such the grievance may will be submitted to Arbitration, as hereinafter provided; the Executive Director or their designee in writing within five (b5) The time limits as prescribed above may be modified by mutual agreement business days of the parties.receipt of the Step 2 response. The Executive Director or their designee will schedule a meeting (with the Residential Counselor and a Union Representative present) at the main office during a time when the Residential Counselor is not scheduled to be on line, but no later than seven (7) days of the receipt of the Step 2 response. The Executive Director or their designee will answer the grievance in writing within five

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Union Contract, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 7.01 Either the EmployerCompany, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 7.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the EmployerCompany, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative representative, and the CompanyManager. The grievance must be filed within eighteen seven (187) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Stepstage. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepstep, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manger Manager and/or their delegates within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the CompanyDistrict Manager and/or his appointee. The discussion at this Step step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer Company at this Step step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 7.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWOStep Two. In any subsequent disposal of this case during the grievance procedureGrievance Procedure, the Employer Company may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 7.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity retroactivity thereto. 15.05 7.05 The Employer Company and the Union may file grievances commencing at STEP THREEStep Two. If an Arbitration board finds that the Company or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Company or any employee affected by the violation. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, Arbitration as hereinafter provided;provided and, if no written request for Arbitration is received which is postmarked within thirty-one (31) days after the decision under Step Two is given, it shall be deemed to have been abandoned. (b) The time limits limits, as prescribed above above, may be modified by mutual agreement of the parties. 7.07 Should the grievance involve the misinterpretation or alleged violation of the Agreement, either party may be free to appeal to Arbitration from Step Two within thirty-one (31) days from the date the decision was given at that step. The party requesting Arbitration shall advise the other party, in writing, of its request, together with a statement as to the issue to be arbitrated and shall include in its notice the name and address of its nominee to a Board of Arbitration. The other party shall, within one (1) week of its receipt of the notice, nominate its members to the Board of Arbitration and so advise the other party. If the two nominees are unable to agree upon the choice of a third member to act as Chairman, the Minister of Labour for the Province of Ontario shall be requested to appoint a Chairman. The Board shall hear their dispute and the decision of a majority is the decision of the Arbitration Board but, if there is no majority, the decision of the Chairman governs and shall be final and binding upon the parties. The board of Arbitration shall not have any jurisdiction to alter or modify any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to make any decisions inconsistent with the terms and provisions of this Agreement. Each of the parties hereto will bear the expenses of the nominee appointed by it and will share equally the expenses of the Chairman of the Board of Arbitration. The parties may mutually agree that a single Arbitrator shall be appointed in the place of a Board of Arbitration. In the event that the parties agree on a single Arbitrator, the Arbitrator shall have the same powers as a Board of Arbitration under this Agreement. 7.08 The parties agree that an Arbitration Board shall have the power to award compensation or damages to any party who, or employee who, is dealt with contrary to the provisions of this Agreement. 7.09 No employees shall be discharged or disciplined except for just and sufficient cause. Discharge or discipline grievances may be settled by confirming the company's decision, or by reinstating the discharged or suspended employee with full compensation for time lost, less interim earnings, if applicable, or by any other arrangement which is just and equitable, in the opinion of the parties or of a Board of Arbitration if the matter is referred to it. The Company agrees that, whenever an interview is held with an employee regarding his work or conduct, which becomes a part of his record, the store xxxxxxx or in his absence, another employee at work of his or her choice, shall be present at such interview. 7.10 Any notation of a reprimand or other disciplinary action placed in an employee's file shall be nullified after a period of twelve (12) months, provided no other notice for the same offence was received during this twelve (12) month period.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either In the Employer, event any dispute or controversy should arise between the Employer and the Union or any employee has a right as to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation interpretation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with , such dispute or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances controversy shall be processed and disposed of in the following manner: Step 1. Within a five (5) working day period (except as follows: - Between the employee concernedprovided in Article 6, his of this Agreement), an Employee having a grievance and/or his/her Union representative and shall take it up with the Company. The grievance must be filed within eighteen (18) working days after Manager of the event giving rise to the grievance occurs and within this period of time it shall be discussed at this StepFaculty House. The Manager of the Faculty House shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal his/her answer to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Employee and/or his/her Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed representative within five (5) working days after the presentation of the grievance in Step 1. The Employee has the right to have a Shop Xxxxxxx, or other Union representative, present at meetings with management to discuss grievances. Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and his/her Union representative, and presented to the Director of Human Resources or his/her designee. The written grievance shall state with reasonable clarity the nature of the grievance, the act or acts complained of and when they occurred, the identity of the Employees who claimed to be aggrieved, the provisions of this Agreement which are claimed to have been violated (except in the case of disciple or discharge), and the remedy which is sought. A grievance so presented in Step 2 shall be answered by the Director of Human Resources in writing within five (5) working days after its presentation. 1. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance shall be presented in this step, in writing, to the Vice President of Employee and Labor Relations or his/her representative. The written grievance shall state with reasonable clarity the nature of the grievance, the act or acts complained of and when they occurred, the identity of the Employee or Employees who claimed to have been violated (except in the case of discipline or discharge), and the remedy which is sought. The Vice President of Employee and Labor Relations or his/her representative shall render a decision in writing within ten (10) working days after the presentation of the grievance in this step. 2. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step. 3. Any disposition of grievance from which no appeal is taken within the date of dismissal time limits specified herein shall be deemed resolved and shall commence not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. 4. The above-mentioned time periods shall apply equally to the Union and the Employer. 5. Mutually satisfactory arrangements may be made to handle grievances during working hours provided that said meetings shall not interfere with the Employer’s required operations and/or with the work of the Shop Xxxxxxx and/or Employees assigned to duty at STEP TWOthe time. 6. In the event any subsequent disposal dispute or controversy as to the application and interpretation of this case during Agreement is not resolved in Steps 1, 2 or 3 of the grievance procedure outlined above, such dispute or controversy may, within thirty (30) days after completion of step 3 of the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled referred to an Arbitrator selected in accordance with the above procedure Voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association. The decision of the Arbitrator shall be final and binding upon the disposition parties hereto. 7. The Arbitrator shall have no power to add to, subtract from, or modify in any way any of the terms of this agreement. 8. The cost of such grievancesarbitration proceedings shall be borne equally by both parties to this Agreement. Each party shall, if sustainedhowever, shall include the determination bear its own legal expenses and those of the effective date of witnesses to the increase with retro-activity theretoproceedings. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 3 contracts

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

GRIEVANCE AND ARBITRATION. 15.01 Either [a] A grievance is defined for the Employerpurposes of this Article as an expressed difference or dispute between an employee and the Publisher, or the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning and the Publisher regarding the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing . It is the mutual desire of the parties hereto that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands be adjusted and settled as quickly as possible without stoppage of the Union for review and adjustment by the Employer, if necessarywork. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen Within ten (1810) working days after of the event occurrence of or the date that the employee could have reasonably known of the occurrence or origination of the circumstances giving rise to the grievance occurs and grievance, the employee shall take the matter to the immediate supervisor in the department concerned in order to achieve a mutually satisfactory resolution. Such employee may ask a union representative to accompany him/her when taking the matter to the immediate supervisor, in which case the immediate supervisor may have another member of management attend the meeting. If a satisfactory resolution is not reached within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four two (42) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepor within such longer period which may be mutually agreed upon, the grievance shall be reduced to writing taken up in the following manner and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting sequence provided it is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed presented within five (5) working days from of the date immediate supervisor's reply to the employee. STEP 1 The Union Representative shall make a written presentation to the immediate supervisor setting forth the name[s] of dismissal the grievor[s], the date[s] the incident[s] occurred, the nature of the grievance, the Article[s] of the collective agreement alleged to have been violated and the relief sought. A meeting shall commence at be held between the parties within five (5) days of receipt of the written presentation to discuss the grievance. The Publisher shall give the Union Representative a decision in writing within two (2) working days following the meeting. STEP TWO2 Failing settlement of the grievance, the Union shall, within five (5) working days of receiving the reply of the Publisher refer the matter in writing to Step 2 of the grievance procedure. In any subsequent disposal At Step 2 of this case during the grievance procedure, a meeting shall take place between the Local Union Representative and the Employer may re-instate Representative. The Employer shall reply in writing within ten days of the employee with full back pay, suspend the employee for a definite period or sustain the dischargemeeting. 15.04 Grievances concerning rates STEP 3 Should Step 2 of the grievance procedure fail to resolve the grievance, the grievance may be referred to a meeting between the Publisher and the National Union Representative. Such meeting shall be handled set up within five (5) days of the referral and such meeting shall occur at the earliest possible date but no later than (21) days after the referral [such time may be extended by mutual agreement]. If the grievance cannot be settled at this meeting, the Union may then refer the grievance to arbitration, in accordance with the above procedure terms and conditions of the disposition Labour Relations Act of Ontario, within a further thirty (30) calendar days of completion of the steps outlined in this Article. The results of such grievancesarbitration shall be final and binding on both parties. In any grievance, if sustainedthe parties may by mutual written consent omit the referral to Step 2 or the meeting with the National Representative and refer the matter directly to arbitration. [b] The parties agree, in the interest of cost-containment, that a single arbitrator constitutes a Board of Arbitration. Unless mutually agreed otherwise, the parties will use a single arbitrator when it becomes necessary to resolve a grievance through arbitration. The parties shall include each share equally the determination cost of the effective date services of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedurearbitrator, such grievance may who shall be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by chosen on mutual agreement of the parties. The decision of the arbitrator shall be final and binding on the Union and the Publisher. [c] The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify or amend any part of this Agreement. [d] Time limits set out in this Article are mandatory. Failure to comply with the time limits set out in this Article shall result in the grievance being deemed to be withdrawn and abandoned. Any grievance shall be deemed to have been withdrawn and abandoned if the grievance is not advanced through the grievance procedure in accordance with the time limits outlined in this Article. Time limits shall be extended only by mutual consent of the parties in writing. [e] Employees shall have the right to have a shop xxxxxxx present at any disciplinary meeting in which the employee is to be given a verbal or written warning, or a notice of suspension or letter of discharge. A copy of any written warning or notice of suspension or letter of discharge shall be given to the employee and the Union. A written warning or notice of suspension or letter of discharge shall include the reason[s] for such discipline and shall be issued within five (5) days of the warning, suspension or discharge. Notwithstanding the above, an employee may request the presence of a Union Representative at any meeting with management. [f] It is agreed that the Company will not discipline or discharge an employee except for just cause. Step 1 of the Grievance Procedure may be omitted on mutual agreement in the case of discharge for just cause. [g] A policy grievance shall proceed directly to Step 2 of the grievance procedure. A grievance by management shall be advanced in accordance with Article 9 [a - e] above, but shall proceed directly to Step 2 of the grievance procedure.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.1 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that the members of the Union’s grievance committee in order to investigate and participate in grievance matters may spend a reasonable amount of time and the Union agrees that the members of its committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company’s operations. The Company agrees that it shall not prevent the committee from properly fulfilling its obligations to investigate and settle grievances. 8.2 Any difference concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not Agreement, or an employee who feels he had been complied unjustly dealt with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as followsfollowed: Step 1: - Between The grievance shall be in writing, copy of which shall be given to the employee concerned, his Union representative Branch Supervisor and to the Companyemployee’s representative. The grievance must be filed presented to the Branch Supervisor within eighteen fifteen (1815) working calendar days after the event giving rise to occurrence of the matter complained of and the Branch Supervisor shall answer the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes presented to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be him in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days after he has received it. The grievance must be in a legible form and signed by the employee. Step 2: If the matter has not been settled, the Union representative of the employee involved may, within five (5) working days after receiving the written answer from the date Branch Supervisor, present the grievance in writing to the Location Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. Step 3: If the matter is not settled, the Chairperson and/or his representative may present the grievance to the Area General Manager or his nominee within ten (10) working days after receiving a written decision of dismissal the Location Manager or his nominee. Following the presentation of the grievance at this Step there shall be a meeting arranged between management, the grievance committee (consisting of two (2) members only) and the employee that will take place ten (10) working days after the grievance has been presented to the Area General Manager or his nominee. The Area General Manager shall commence give a written response to the grievance within five (5) working days of the meeting. Step 4: If the matter is not settled, the Chairperson and/or his representative may present the grievance to the Director of Labour Relations or his nominee within ten (10) working days after receiving a written decision of the Area General Manager or his nominee. Following the presentation of the grievance at STEP TWOthis Step there shall be a meeting arranged between management, the grievance committee (consisting of two (2) members only) and the employee that will take place ten (10) working days after the grievance has been presented to the Director of Labour Relations or his nominee. In any subsequent disposal The Director of this case during Labour Relations shall give a written response to the grievance within five (5) working days of the meeting. 8.3 a) Failing a satisfactory settlement at Step 4 of the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates it shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination responsibility of the effective date party desiring arbitration to so inform the other party, in writing, within ten (10) working days after the Director of the increase with retro-activity theretoLabour Relations’ response. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 3 contracts

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

GRIEVANCE AND ARBITRATION. 15.01 Either 30.01 Should differences arise as to the Employer, the Union interpretation or any employee has a right to lodge a grievance with respect to any matter arising out application of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied withor should grievance occur within a department covered by this Agreement, this to include discharge or termination without cause, there shall have the right to place such grievances in the hands be no strike, stoppage of work or suspension of work by the Union for review and adjustment or employees or lockout by the Employer, if necessary. Such grievances shall Company on account of such differences or grievance until the following procedure has been carried out: (a) Grievances are to be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger submitted within six (6) working months of occurrence except in the case of a grievance arising from an employee's discharge or termination, in which case the grievance must be submitted within sixty (60) days of occurrence. Time runs from the Store Manager's oral decisiondate that the grieving party knew, or should have reasonably known of the incident giving rise to the grievance. Between The employee or employees, or the employee concernedemployer shall report the grievance to the shop xxxxxxx or shop xxxxxxx, the latter shall take the matter up with a representative of management or report the matter to the Union representativerepresentative who shall then take the grievance up with management. (b) If no settlement is then arrived at, either party may notify the other in writing by registered mail of the question or questions to be arbitrated and the name and address of its choice of an arbitrator. After receiving such notice and a statement, the Department Managerother party shall, within five (5) days agree to the proposed single arbitrator or suggest alternate arbitrator(s). If the two parties fail to agree on a single arbitrator within three (3) days, they shall forthwith request the Labour Relations Board to appoint an arbitrator. (c) The arbitrator shall have the power in allowing a grievance to rectify the matter complained of, including the awarding of lost pay, if any, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appealreinstatement in employment. The decision of the Employer at this Step arbitrator shall be final and binding upon both parties. However in writing and be made within four (4) working days of no event shall the date of arbitrator have the meeting. Should power to alter or amend the Union wish to appeal, such notice of appeal must be collective agreement in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREErespect. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (bd) The time limits as prescribed above may be modified by mutual agreement parties mutually agree to exclude the operation of Section 96. Sub-section 1 of the parties"Labour Code of B.C. Act" from this Agreement.

Appears in 3 contracts

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

GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. The purpose of this procedure is to secure, at the Employerlowest possible level, equitable solutions to the problems which may from time to time arise affecting the welfare or terms and conditions of employment. Section 2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration provided the adjustment is not inconsistent with the terms of this Agreement, and that the Union has been given the opportunity to be present at such adjustment and to state its views. Section 3. Any grievance arising between the Employer and the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning (s) represented by the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, Union shall have the right to place such grievances be settled in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Companyfollowing manner: STEP 1. The aggrieved employee or employees must present the grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from Department Head through the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed shop xxxxxxx within five (5) working days after knowledge of the grievance or the reason for the grievance has occurred. If a satisfactory settlement is not reached with the first line supervisor within three (3) working days, the grievance may be appealed to Step 2. Grievances arising from the date discharge of dismissal an employee may be initiated at Step 2. STEP 2. The union business representative shall then take the matter up with a representative of the employer with authority to act upon such grievance. A decision must be made within five (5) working days. STEP 3. If no satisfactory settlement can be agreed upon, the matter may be referred in writing, within twenty (20) calendar days from the receipt of a decision at Step 2, to the New Jersey State Mediation Service for arbitration. After the New Jersey State Mediation Services submits a list of arbitrators to the Union and the Employer, they shall commence at STEP TWOreply with their preferred selection within the time limits set forth by the New Jersey State Mediation Service. Section 4. In any subsequent disposal The Arbitrator shall not have the authority to amend or modify this Agreement or establish new terms or conditions under this Agreement. Section 5. A mutual settlement of this case during the grievance procedure, pursuant to the Employer may re-instate procedures set forth herein and/or a decision of the employee with full back pay, suspend Arbitrator will be final and binding on all parties and the employee for a definite period or sustain the dischargeemployees involved. 15.04 Grievances concerning rates Section 6. The expense of the Arbitrator selected or appointed shall be handled in accordance with borne equally by the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREEUnion. The Union, or its authorized representative, shall have the right to examine the time sheets and other records pertaining to the computation of compensation of any individuals whose pay is in dispute or records pertaining to a specific grievance. (a) Failing settlement under Section 7. Failure at any step of this procedure to appeal a grievance to the foregoing procedure, next step within this specified time limits shall be deemed to be an abandonment of such grievance may be submitted and the decision rendered therein shall stand for the particular grievance. Section 8. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to Arbitrationobserve all assignments, as hereinafter provided;instructions and applicable rules and regulations of the Township of Readington, or its designee, until such grievance and any effect thereof shall have been fully determined. (b) The Section 9. Failure at any step of this procedure to communicate the decision of the grievance within the specified time limits shall permit the aggrieved to proceed to the next step. However, a failure to render a decision shall not be considered as prescribed above may be modified by mutual agreement of an acquiescence to the partiesgrievance.

Appears in 3 contracts

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

GRIEVANCE AND ARBITRATION. 15.01 Either 9.01 It is the Employermutual desire of the parties to this Agreement that grievances are dealt with as quickly as possible. For purposes of this Agreement, the Union or any employee has a right to lodge a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing 9.02 It is understood that he a Nurse has been unjustly dealt with no grievance until he/she has first given her Director of Care or that designate the provisions opportunity of this Agreement have not been complied withhearing the complaint. A Nurse, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the assistance of her Union representative, the Department Managerif she so desires, and the Company. The discussion at this Step shall be held within seven (7) working days discuss a complaint with his/her Director of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed Care or designate within five (5) working days from after the date circumstances giving rise to it have occurred or ought reasonably to have come to the attention of dismissal the Nurse. Failing satisfactory settlement within five (5) working days, it shall then be taken up as a grievance within five (5) working days following advice of the Director of Care or designate’s decision. 9.03 In all steps of this grievance procedure an aggrieved employee may, if he/she so desires, be accompanied by or be represented by his/her ONA representative. The Nurse may submit a written grievance to his/her Director of Care or designate. The grievance shall be on an ONA Grievance Form and shall commence at STEP TWO. In any subsequent disposal identify the nature of this case during the grievance procedureand the remedy sought, and shall identify the provisions of the Agreement which are alleged to have been violated. A meeting will be arranged within nine (9) working days between the aggrieved and his/her ONA representative and the Director of Care or designate and Director of Nursing or delegate. The Director Of Nursing or delegate will deliver his/her decision in writing within nine (9) working days following the day on which the grievance was presented to him/her. Within ten (10) working days following the decision in Step One, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted in writing to Arbitrationthe Director of Nursing and Human Resources. A meeting will then be held between the Management Committee and the Grievance Committee within ten (10) working days of the submission of the grievance. A decision shall be given, as hereinafter provided; in writing, within ten (b10) working days after the meeting at which it was discussed. A Labour Relations Officer may attend this meeting. The parties may agree that there are circumstances where the services of a grievance mediator may allow for an objective, independent review of the issue(s) in dispute and assist the parties in resolving grievances. By mutual agreement the parties may extend the time limits as prescribed above may and utilize the services of a Mediator. The cost of the Mediator will be modified by mutual agreement of shared between the parties.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either (Amended 08-94) Should any differences, disputes or complaints arise as to the Employer, the Union meaning or any employee has a right to lodge a grievance with respect to any matter arising out application of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied withAgreement, such differences shall have the right to place such grievances be resolved in the hands following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the Union for review and adjustment by knowledge of the Employer, if necessary. Such grievances shall be processed as follows: - Between occurrence of the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving incident which gave rise to the grievance occurs and within this period grievance, discuss it with the Fire Chief or his/her designated representative, with the object of time it shall resolving the matter informally, if requested, a member of the Executive Committee may be discussed at this Step. The Manager shall give present. (b) If an oral decision within four (4) working days from impasse has been reached in the date the discussion took place. If the Union wishes to appeal to the next Stepabove step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working calendar days from of the date of dismissal informal meeting and delivered to the Human Resources Director after which he/she shall commence at STEP TWO. In any subsequent disposal of this case during have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance procedurecan be reached by the above step, then the Employer may re-instate Union President shall request an audience for the employee and him/herself with full back pay, suspend the employee for a definite period or sustain the dischargeHuman Resources Director. This step must be completed within ten (10) calendar days after step (b). 15.04 Grievances concerning rates (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall be handled promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the above procedure then applicable rules and regulations of the disposition Association. The expenses of such grievancesthe Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if sustainedhe/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall include be final and binding on the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer parties and the Union may file grievances commencing at STEP THREEaffected employees. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (be) The time limits as prescribed above may Grievance Procedure provided in this Agreement shall be modified supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by mutual agreement of the partieslaw.

Appears in 3 contracts

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

GRIEVANCE AND ARBITRATION. 15.01 Either 30.1 Any dispute involving the Employerapplication, the Union interpretation, administration, or any employee has a right to lodge a grievance with respect to any matter arising out alleged violation of this Agreement or concerning may be made the subject of a grievance. The parties agree that they will use their best efforts to encourage informal, amicable and prompt settlement of complaints and grievances arising from the application, interpretation, application administration, or alleged violation of this Agreement. 15.02 Any 30.2 Grievances shall be conducted on a confidential need to know basis to preserve the privacy and the dignity of the employee believing that he has been unjustly dealt with or that the provisions grieving as well as of this Agreement have not been complied with, shall have the right to place such grievances other employees in the hands workplace. 30.3 Before the formal grievance procedure is initiated, reasonable attempts shall be made by the President or designate and the Xxxxxxx to resolve issues. 30.4 If the dispute is resolved at this stage, the resolution shall be put in writing and countersigned by both the President or sole designate and the Employee. 30.5 Failing resolution at the Informal Discussion stage, the Union, on behalf of the Union for review and adjustment by Employee, may file a grievance in writing with the Employer, if necessary. Such grievances shall be processed as follows: - Between Employer within twenty (20) days of becoming aware of the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event circumstances giving rise to the grievance occurs grievance. 30.6 The written grievance, signed by the Xxxxxxx, shall state what is alleged to have been violated or improperly applied or which act or omission is in dispute, the relief or remedy sought and within this period the facts relied upon. 30.7 A meeting between two representatives of time it the Union and two representatives of the Employer shall be discussed called within ten (10) days of the submission of the grievance. The Employer representatives shall not be members of the Staff Relations Committee. The purpose of this meeting shall be to find a resolution to the grievance acceptable to both parties. 30.8 If the dispute is resolved at this Stepstage, the resolution shall be put in writing and countersigned by both the President or sole designate and the Xxxxxxx or sole designate. 30.9 The Union shall notify the Employer following the completion of the process at Stage 1 if it will be proceeding to Stage 2. 30.10 The Employer shall arrange a meeting with the Staff Relations Committee, the grievor and his/her Union representative(s) at a mutually agreeable time within fifteen (15) days of the notification to move to Stage 2. The Manager Staff Relations Committee shall give an oral deliver their decision within four (4) working days from the date the discussion took place. If in writing to the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six ten (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (710) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureis still not resolved, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREEsubmit the grievance to arbitration as set out in Article 30.16. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 13.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 13.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP ONE STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 13.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 13.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity retroactivity thereto. 15.05 13.05 The Employer and the Union may file grievances commencing at STEP THREETWO. If an Arbitration Board finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer, the Union or any employee affected by the violation. 13.06 Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be the sole and exclusive liability of such Employer and other Employers shall not be jointly or severally liable for such violations. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 3 contracts

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

GRIEVANCE AND ARBITRATION. 15.01 Either 8.01 For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied withviolated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. 8.04 It is the hands mutual desire of the Union for review parties hereto that complaints shall be adjusted as quickly as possible, and adjustment by it is understood that an employee has no grievance until he has first given his immediate supervisor the Employer, opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between the employee concerned, discussed with his Union representative and the Company. The grievance must be filed immediate supervisor within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: Step 1 The employee shall submit the grievance, in writing, and signed by him to his immediate Supervisor/Manager. The employee may be accompanied by a Union Xxxxxxx. The Supervisor/Manager will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then: Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1) week Director of Human Resources or designate. A meeting will then be held between the decision Director of Human Resources or designate and the Company at STEP TWO. The grievance shall designated union representatives who may be forwarded to accompanied by the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers general representative of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureat Step 2, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or 1. Should any employee has a right differences arise as to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied withAgreement, the following procedures for instituting a grievance may be invoked. 2. Employees shall have the right to place such grievances Union representation in the hands any grievance or disciplinary meeting. Representative of the Union for review and adjustment shall include any elected officer of the Union or shop xxxxxxx recognized by the EmployerUnion. 3. Efforts to resolve grievances, up to but not including arbitration, shall be made on Company time. The grievor(s) may be present for any formal meeting throughout the grievance and arbitration procedure. 4. The following grievance procedure shall be observed: Step 1. An employee, accompanied by a Union representative, if necessarydesired, shall within thirty (30) days of when the circumstances giving rise to the grievance were known or should have reasonably been known to the grievor, raise the matter orally with the employee’s immediate supervisor. Such The supervisor shall reply to the grievance within seven days. Step 2. If the employee is not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the employee accompanied by a Union representative, will, within fourteen (14) days of the reply at Step 1, present the grievance in writing to the Vice-President, Advertising Sales. Step 3. If the two parties are unable to agree at Step 2, then within seven Step 4. If the two parties are unable to agree at the third step, then, the party raising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the reply in Step 3. 5. In general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator; however, either party may elect to submit a grievance to an Arbitration Board of three members, in which case the other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the name of a nominee to the arbitration board of the party requesting arbitration. The recipient of the referral shall, within five days, notify the other party in writing of its acceptance of one of the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board; submit its nominee to the arbitration board. 6. The parties shall endeavor within five days to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Minister of Labour of Ontario may be asked to make the appointment. 7. The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or Board shall issue a decision and the decision shall be final and binding upon the parties and upon any employee and employer affected by it. In the case of an Arbitration Board, the decision of the majority is the decision of the Board but if there is no majority decision, the decision of the Chair shall govern. 8. Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the Employer and the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator. 9. By mutual agreement between the Employer and the Union, and in the case of an Employer or a Union grievance, or in the case of a grievance involving the suspension or discharge of an employee, the processing of a grievance may begin at the third stage. 10. It is intended that grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placequickly as possible. If the Union wishes to grieving party does not appeal the grievance to the next Stepsuccessive stage within the specified appeal time limit, the grievance shall be reduced deemed to writing be abandoned and shall not thereafter be reinstated. If the appeal responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing automatically proceed to the Company/operator within one (1) week of the decision of the Company at STEP TWOnext higher stage. 11. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be Time limits in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting this article may be held extended by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWOmutual agreement. In any subsequent disposal of this case during the grievance procedureall cases, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the dischargedays means calendar days. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either ‌ 30.1 Any dispute involving the Employerapplication, the Union interpretation, administration, or any employee has a right to lodge a grievance with respect to any matter arising out alleged violation of this Agreement or concerning may be made the subject of a grievance. The parties agree that they will use their best efforts to encourage informal, amicable and prompt settlement of complaints and grievances arising from the application, interpretation, application administration, or alleged violation of this Agreement. 15.02 Any 30.2 Grievances shall be conducted on a confidential need to know basis to preserve the privacy and the dignity of the employee believing that he has been unjustly dealt with or that the provisions grieving as well as of this Agreement have not been complied with, shall have the right to place such grievances other employees in the hands workplace. Informal Discussion‌ 30.3 Before the formal grievance procedure is initiated, reasonable attempts shall be made by the President or designate and the Xxxxxxx to resolve issues. 30.4 If the dispute is resolved at this stage, the resolution shall be put in writing and countersigned by both the President or sole designate and the Employee. Stage 1‌ 30.5 Failing resolution at the Informal Discussion stage, the Union, on behalf of the Union for review and adjustment by Employee, may file a grievance in writing with the Employer, if necessary. Such grievances shall be processed as follows: - Between Employer within twenty (20) days of becoming aware of the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event circumstances giving rise to the grievance occurs grievance. 30.6 The written grievance, signed by the Xxxxxxx, shall state what is alleged to have been violated or improperly applied or which act or omission is in dispute, the relief or remedy sought and within this period the facts relied upon. 30.7 A meeting between two representatives of time it the Union and two representatives of the Employer shall be discussed called within ten (10) days of the submission of the grievance. The Employer representatives shall not be members of the Staff Relations Committee. The purpose of this meeting shall be to find a resolution to the grievance acceptable to both parties. 30.8 If the dispute is resolved at this Stepstage, the resolution shall be put in writing and countersigned by both the President or sole designate and the Xxxxxxx or sole designate. Stage 2‌ 30.9 The Union shall notify the Employer following the completion of the process at Stage 1 if it will be proceeding to Stage 2. 30.10 The Employer shall arrange a meeting with the Staff Relations Committee, the grievor and their Union representative(s) at a mutually agreeable time within fifteen (15) days of the notification to move to Stage 2. The Manager Staff Relations Committee shall give an oral deliver their decision within four (4) working days from the date the discussion took place. If in writing to the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six ten (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (710) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureis still not resolved, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREEsubmit the grievance to arbitration as set out in Article 30.16. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the EmployerEmployer(s), the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the EmployerEmployer(s), if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative Representative and the CompanyManager. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manger Manager within six (6) working days from the Store ManagerManger's oral decision. Between the employee concerned, the Union representativeRepresentative, the Department Manager, and/or the Owner. National Grocers Co. Ltd. or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer(s) or the Union. National Grocers Co. Ltd. or its representative shall advise the Employer(s) with respect to any matter in issue and the CompanyEmployer(s) shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer(s). The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer Employer(s) at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWOStep Two. In any subsequent disposal of this case during the grievance procedure, the Employer Employer(s) may re-instate reinstate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievancesgrievance, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer Employer(s) and the Union may file grievances commencing at STEP THREEStep Two. If an Arbitration Board finds that the Employer(s) or the Union has violated the Collective Agreement it shall have the power to award compensation to the Employer(s), the Union or any employee affected by the violation. 15.06 Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be the sole and exclusive liability of such Employer and other Employers shall not be jointly or severally liable for such violations. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, Arbitration as hereinafter provided;: (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Master Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Full-Time and Part-Time 8.01 For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied withviolated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. 8.04 It is the hands mutual desire of the Union for review parties hereto that complaints shall be adjusted as quickly as possible, and adjustment by it is understood that an employee has no grievance until he has first given his immediate supervisor the Employer, opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between discussed between the employee concerned, and his Union representative and the Company. The grievance must be filed or her immediate supervisor within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union Xxxxxxx. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then: Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and the Union Representatives who may be accompanied by the Union Xxxxxxx(s) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers or Grievance Committee as applicable of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureat Step 2, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting to the Union Representative.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.1 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or finalised as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that a reasonable amount of time may be spent by the members of the union grievance committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the committee from properly fulfilling its obligations to investigate and settle grievances. Both parties shall agree to acknowledge receiving all grievances and correspondence of such grievance material to the other party in writing or as mutually agreed. 8.2 Any difference concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not Agreement, or an employee who feels she/he had been complied unjustly dealt with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as followsfollowed: - Between Pre-Step: Verbal. The Employee and Manager or his/her designate shall meet within five (5) days, in order to settle any disputes before filing a grievance. If no settlement can be reached, the employee concernedEmployee may proceed with filing a grievance with the Union. Step 1: The grievance shall be in writing, his Union representative a copy of which shall be given to the Branch Manager and to the Companyemployee's xxxxxxx. The grievance must be filed within eighteen (18) working days after the event giving rise presented to the grievance occurs and within this period of time it shall be discussed at this Step. The Branch Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days after the occurrence of the date matter complained of and the appeal. The decision of Branch Manager shall answer the Employer at this Step shall be grievance presented to him/her in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) working days from the date of the meeting. 15.03 In the case of a dismissal, a after he/she has received it. The grievance may be filed signed by an the employee, his/her xxxxxxx or Chief Xxxxxxx, with the exception of dismissal grievances, which the affected employee who feels he was unjustly dealt with. Such grievance must be filed sign. Step 2: If the matter has not been settled, the Union xxxxxxx of the employee involved may, within five (5) working days after receiving the written answer from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during Branch Manager, present the grievance procedurein writing to the District Manager or his/her nominee, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the dischargewho shall render his/her decision in writing within five (5) working days after receiving it. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either a. In the Employer, event that the Union IATSE or any employee the Employer contends that the other party has violated a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation provision of this Agreement., the following procedures shall be applicable: 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands 1. Within ten (10) business days of the time the employee, Employer or the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen knew (18or reasonably should have known) working days after of the event giving rise to the grievance occurs grievance, the appropriate party must give written notice to the other party of the claim. The Employer must give such written notice to the Director of Broadcast for IATSE and the designated Representative of the appropriate Union Local. 2. A representative of the IATSE and a designated representative of the Employer shall, within this period ten (10) business days after service of time it notice of the claim, meet and discuss the matter and attempt to effect a settlement of said controversy or dispute. Any agreement arrived at by such representatives shall be discussed at this Stepfinal and binding. 3. The Manager shall give an oral decision In the event that such controversy or dispute is not settled by the Employer and the IATSE within four twenty (420) working days after the written notice given pursuant to paragraph 1. above, or within ten (10) business days after the meeting referred to in paragraph 2. above, then such controversy or dispute may be submitted to arbitration. The demand for arbitration must be made in writing, no later than forty (40) business days after written notice referred to in paragraph 1. above. Each party shall bear half the cost of the arbitrator’s fees and expenses. b. The parties shall first attempt to agree upon an arbitrator. If such agreement is not reached the arbitrator shall be selected from a list obtained from the date the discussion took place. If American Arbitration Association by alternate striking of names with the Union wishes to appeal going first. c. Processing a claim or discussing its merits shall not be considered a waiver of a defense that the matter is not arbitrable or that it should be denied for reasons which do not go to the next Stepmerits. d. The arbitrator shall have no power to modify, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days add to, or subtract from the Store Manager's oral decision. Between terms of this Agreement, but shall only determine whether the employee concernedAgreement has been violated in the manner alleged in the grievance, and, if so, what the Union representative, remedy should be within the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days meaning of the date Agreement. e. The Employer is not bound by any past practices or understandings except to the extent such past practices or understandings are specifically stated in this Agreement. Past practice may be used in interpreting or applying an express term of this Agreement, but shall not be used to add or modify the express terms of the appeal. Agreement. f. The decision of the Employer at this Step arbitrator, within the limits indicated above, shall be in writing final and binding upon the grievant and all parties. g. The grievance and arbitration procedure is to be made within four (4) working days the sole and exclusive remedy for any claimed breach of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing this Agreement or any other grievable dispute relating to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary employment by the parties, a meeting may be held Employer of employees covered by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meetingthis Agreement. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative Xxxxxxx and the CompanyOwner. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager Owner shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manger Owner within six (6) working days from the Store Manager's Owner’s oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the EmployerOwner, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.five

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 9.01 It is the Employermutual desire of the parties to this Agreement that grievances are dealt with as quickly as possible. For purposes of this Agreement, the Union or any employee has a right to lodge a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing 9.02 It is understood that he a Nurse has been unjustly dealt with or that no grievance until he/she has first given her Unit Manager the provisions opportunity of this Agreement have not been complied withhearing the complaint. A Nurse, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the assistance of her Union representative, the Department Managerif she so desires, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Companydiscuss a complaint with his/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed her Unit Manager within five (5) working days from after the date circumstances giving rise to it have occurred or ought reasonably to have come to the attention of dismissal the Nurse. Failing satisfactory settlement within five (5) working days, it shall then be taken up as a grievance within five (5) working days following advice of the Unit Manager’s decision. 9.03 In all steps of this grievance procedure an aggrieved employee may, if he/she so desires, be accompanied by or be represented by his/her Union representative. The Nurse may submit a written grievance to his/her Unit Manager. The grievance shall be on an ONA Grievance Form and shall commence at STEP TWO. In any subsequent disposal identify the nature of this case during the grievance procedureand the remedy sought, and shall identify the provisions of the Agreement which are alleged to have been violated. A meeting will be arranged within nine (9) working days between the aggrieved and his/her Union representative and the Unit Manager and Director of Nursing. The Director Of Nursing will deliver his/her decision in writing within nine (9) working days following the day on which the grievance was presented to him/her. Within ten (10) working days following the decision in Step One, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted in writing to Arbitration, as hereinafter provided; the Manager of Human Resources. A meeting will then be held between the Management Committee and the Grievance Committee within ten (b10) The time limits as prescribed above may be modified by mutual agreement working days of the partiessubmission of the grievance. A decision shall be given, in writing, within ten (10) working days after the meeting at which it was discussed. A Labour Relations Officer may attend this meeting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 19.01: A grievance is a dispute between an employee (or the Employer, Union) and the Union Employer involving the interpretation or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with 19.02: No later than ten (10) workdays after the event occurred giving rise to the grievance, or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between ten (10) workdays after the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after should reasonably have learned of the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepgrievance, whichever is later, the employee or a Union Representative shall submit a grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of shall discuss the date of the meetinggrievance with his immediate supervisor. Should the Union wish to appeal, such notice of appeal must be The immediate supervisor shall respond in writing to the Company/operator within employee and shop xxxxxxx (if one was included in the initial conversation) not later than ten (110) week workdays thereafter. The failure of the decision of the Company at STEP TWO. The grievance immediate supervisor to respond in a timely manner shall be forwarded considered a denial. (a) If the grievance is not settled in step 19.02, the aggrieved employee or a Union representative shall submit a written grievance to the Human Resources Coordinator or the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed ’s designee within five (5) working days workdays (a maximum of 25 workdays after the aggrieved event occurred). The written grievance shall state the Article and section of this Agreement alleged to have been violated, the nature of the violation, the remedy or correction desired, and it shall be signed and dated by the employee or the Union Xxxxxxx involved. Failure to submit the grievance in writing within 25 workdays shall result in such grievance being presumed to be without merit and it shall be waived, forfeited, and barred from further consideration. (b) Within ten (10) workdays after receipt of the written grievance, the grievant, a Union representative, the President or her designee, and at the Employer’s option, the Human Resources Coordinator or Employer’s designee, and the involved supervisor, shall meet to discuss the grievance. Within seven (7) workdays after the meeting, the President or her designee will give a written response to the grievant. This written response shall be final and binding on the employee, the Union and the Company unless it is timely appealed to Mediation or Arbitration by the Union. (c) If the grievance if not satisfactorily settled through the processes presented in sections 19.02, 19.03(a), or 19.03(b), the parties may (1) mutually agree to defer the grievance matter to mediation with a mediator from the date Federal Mediation and Conciliation Service prior to submission to arbitration; or (2)the Union may request arbitration by giving the Employer written notice of dismissal and shall commence at STEP TWO. In any subsequent disposal its desire to arbitrate within ten (10) workdays of the written response from the Employer as noted in section 19.03(b) of this case during article. (d) The Union will request in writing that the grievance procedureBureau of Mediation Services (with a copy of such request to the Employer) furnish both parties with a list of seven (7) names of impartial arbitrators. From this list, the Employer may re-instate parties shall each alternately strike one name until only one name remains. This remaining person shall be named the employee with full back pay, suspend the employee for a definite period or sustain the dischargeArbitrator. 15.04 Grievances concerning rates (e) The selection of the arbitrator and the hearing shall be handled within thirty (30) calendar days of the request for arbitration whenever practical. (f) No grievance shall be considered by the arbitrator which has not been first duly processed in accordance with the above grievance procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREEin this Agreement. (ag) Failing settlement under The expenses of the foregoing procedurearbitrator shall be borne equally by the Union and the Employer, such grievance each party bearing its own preparation and presentation expenses. Each party shall be responsible for the expenses of their called witnesses for the arbitration herein. Should a transcript of the Hearing be requested by either party, the cost of the transcript and its preparation shall be borne by the requesting party. (h) Any time limits in this Article may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified waived or extended by mutual agreement of between the parties. 19.04: Any decision reached at any stage of this grievance procedure shall be final and binding upon the Employer, the Union, the grievant, and all other unit employees. An arbitrator will have jurisdiction only over grievances or disputes which may arise between the parties concerning the application or interpretation of this Agreement. All arbitration decisions shall be rendered only in accordance with the language of this Agreement and any written interpretations of this Agreement signed by the parties. An arbitrator shall have no power to add to, ignore, subtract from, or modify in any way, any of the terms, conditions, or sections of this Agreement. 19.05: The written decision of the arbitrator will be issued within thirty (30) days following the close of the hearing unless otherwise mutually agreed in writing. Where an employee has been discharged in violation of the Agreement, the arbitrator may order the employee reinstated, with or without back pay, for loss of income resulting from such discharge. An award of the arbitrator shall not in any case be made retroactive to a date prior to the date on which the subject of the grievance occurred, and in no event more than fourteen (14) workdays prior to the filing of the grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with 20.1 Disputes in respect to any matter arising out of this Agreement or concerning the interpretationmeaning, application interpretation or alleged violation of the terms of this Agreement. 15.02 Any agreement, or when an employee believing claims that s/he has been unjustly dealt with or that in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the provisions of this Agreement have not been complied withissue with the appropriate supervisor, shall have the right to place such grievances may be dealt with in the hands of following manner: Step 1 The aggrieved employee or the Union for review and adjustment by the Employer, if necessary. Such grievances Local Chairperson shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to present the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week appropriate Head of the decision of Department within 28 calendar days following the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose cause of the grievance. The disposition shall be Such Head of Department will render a decision in writing and returned to the officers within 28 calendar days following receipt of the Unionwritten grievance. If considered necessary by the partiesDuring that period of time, a meeting may be held take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the parties and may include the interested persons. If a meeting is heldCompany to handle grievances, within 42 calendar days following receipt of the decision shall rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be given referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within seven (7) 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 20.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 20.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 20.4. 20.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 20.5 The time limits specified herein may be extended by mutual agreement. 20.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 20.7 Grievances not docketed for arbitration within two years from the date of filing of the meetingStep 1 grievance will be considered as dropped. 15.03 In the case 20.8 Prior to adjudication or final disposition of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates there shall be handled in accordance with neither a shut-down by the above procedure and Company nor a work stoppage by the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity theretoemployees. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.01 For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied withviolated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. 8.04 It is the hands mutual desire of the Union for review parties hereto that complaints shall be adjusted as quickly as possible, and adjustment by it is understood that an employee has no grievance until he has first given his immediate supervisor the Employer, opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between discussed between the employee concerned, and his Union representative and the Company. The grievance must be filed or her immediate supervisor within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: Step 1 The Union/employee shall submit the grievance, in writing, and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then: Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and Union Representative(s) week of who may be accompanied by the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1Union Xxxxxxx(s) week to dispose of the grievance. The disposition shall be in writing and returned to the officers or Grievance Committee as applicable of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureat Step 2, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting to the Union Representative.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 14.1 Any complaint, disagreement or difference of opinion between the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out the employees covered by this Agreement, which concerns the interpretation or application of the terms and pro­ visions of this Agreement or concerning the interpretation, application or alleged violation of this Agreementshall be considered a grievance. 15.02 14.2 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied withemployee, shall have the right to place such grievances in the hands of the Union for review and adjustment by or the Employer, if necessaryEmployer may present a grievance. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The Any grievance must be filed which is not presented within eighteen thirty (1830) working calendar days after following the event giving rise to the such grievance occurs and within this period of time it shall be discussed at this Step. forfeited and waived by the aggrieved parties, except in the case of discharge or suspension when the time limit shall be ten (10) calen­ dar days. 14.3 All grievances shall be submitted in writing and will set forth the issue(s) and contentions of the aggrieved party(s). 14.4 The Manager Union representatives and the Employer Labor represen­ tative shall give an oral decision within four (4) working days from the date the discussion took place. discuss and attempt to adjust such grievances. 14.5 If the Union wishes to appeal to and the next StepEmployer Labor representative cannot reach an adjustment within five (5) days, upon request of either par­ ty, the grievance shall be reduced submitted to writing arbitration. 14.6 The parties shall select an Arbitrator or jointly request a list from the Federal Mediation and the appeal Conciliation Service and selection shall be filed made by alternate strike method. 14.7 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigation as he deems essential to a full understan­ ding and determination of the issues involved. 14.8 The Arbitrator shall not be vested with the Store Manger within six (6) working days from power to change, modify or alter any of the Store Manager's oral decisionterms of this Agreement. Between the employee concerned, the Union representative, the Department ManagerAll grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve any issue or contention by either party which is contrary to any provision of this Agreement or which involves the Company. determination of a subject matter not covered by or arising dur­ ing the term o f this Agreement. 14.9 The discussion at this Step findings and decisions of the Arbitrator on all arbitrable questions shall be held within seven (7) working days binding and enforceable on all parties. 14.10 It is the intention of the date parties that this Article shall pro­ vide a peaceful method of the appeal. The decision of the Employer at this Step adjusting grievances so that there shall be in writing and be made within four (4) working days no suspension or interruption of the date normal operations as a result of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the any grievance. The disposition parties shall be act in writing and returned good faith in proceeding to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled adjust grievances in accordance with the above procedure and provisions of this Article. 14.11 The expense of arbitrators shall be borne equally by the disposition of such grievances, if sustained, shall include par­ ties to the determination arbitration. 14.12 The Executive Board of the effective date Local Union shall have the final authority, in respect to any aggrieved Meat Department employee covered by this Agreement, to decline to process a grievance, com­ plaint, difficulty or dispute; if in the judgment of the increase with retro-activity thereto. 15.05 The Employer and Executive Board such grievance or dispute lacks merit or lacks justification under this Agreement to the satisfaction of the Union may file grievances commencing at STEP THREEExecutive Board. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 1. Any dispute, difference, controversy or grievance arising under this Agreement between the Employer, parties or between any Employer and the Union or any employee has of its members must first be submitted in writing by the party claiming to be aggrieved to the other party within 120 days from the date the party knows or reasonably should have known that a right to lodge a grievance with respect to any matter arising out violation of this Agreement has occurred, except for grievances involving suspensions without pay and discharges of non-resident employees, which must be submitted within 45 days. Grievances involving the discharges of Superintendents and other resident employees must be submitted within 15 days of the date the notice of termination or concerning to vacate is delivered to the interpretationresident employee and shall be deemed simultaneously submitted for Step 1 and for arbitration to the Office of the Contract Arbitrator (OCA), application or alleged violation located at the time of this AgreementAgreement at 000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, pursuant to OCA’s rules and procedures for superintendent discharge cases. 15.02 Any employee believing (a) Step 1 - Within fourteen (14) days of notice of the grievance the business representative of the Union and the Employer must confer to discuss a resolution of the grievance. If no agreement is reached, the parties shall proceed to Step 2. (b) Step 2 - The grievance shall be scheduled for the next meeting between a representative of the BRAB and the Union. If no agreement is reached, the parties shall proceed to Step 3. (c) Step 3 – Except as otherwise established for grievances involving the discharges of resident employees, either party within fourteen (14) days of Step 2 may submit the grievance to arbitration before the OCA pursuant to OCA’s rules and procedures. The cost of the arbitrator’s fee shall be evenly divided between the Employer and the Union, provided however, that he has been unjustly dealt with if the arbitrator finds that the Employer withheld an economic benefit from the grievant in bad faith, the Employer shall be responsible for 100% of the arbitrator’s fees. The arbitrator shall be required to grant one adjournment for either party if they fail to appear at arbitration. The next mutually acceptable scheduled date may be marked peremptorily against the party that failed to appear. If that party again fails to appear on the adjourned date, then the arbitrator is hereby authorized to render a decision based on the testimony of the party appearing. The non- appearing party, however, shall be required to pay the full fee charged by the arbitrator. 2. The decision and/or award of said arbitrator shall be final and binding and shall be enforceable under the laws of the State of New York. 3. It is understood that the arbitrator shall have no authority to add to, subtract from, or that modify the provisions of this Agreement have and shall confine his decision to a determination based upon the facts presented. 4. All grievants or witnesses who are subpoenaed to appear at an arbitration shall be paid their normal wages, provided, however, that their appearance shall not been complied with, shall have interfere with the right to place such grievances in the hands normal operations of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Companybuilding. 5. The grievance must be filed within eighteen (18) working days after the event giving rise parties shall use their best efforts to the grievance occurs and within this period maintain a panel of time it shall be discussed at this Step. The Manager shall give an oral decision within least four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Companyarbitrators. The discussion at this Step shall be held within seven (7) working days of parties will jointly designate the date of the appeal. The decision of the Employer at this Step shall be arbitrators in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days will promptly designate replacement arbitrators stricken from the date of the meetingpanel or who resign. This process shall not be subject to arbitration under this Agreement. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. A grievance within the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out meaning of this Agreement or shall be any dispute concerning the interpretation, application, or claimed violation of a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement. Section 2. The following steps shall be followed in the processing of grievances: Step 1. The Unit Core Faculty member shall file the grievance with his/her Department Chair or Program Director within twenty-one (21) calendar days of its occurrence or discovery. The grievance must be reduced to writing and must specify the nature of the grievance, the provision(s) of this Agreement at issue, and the relief requested. If the grievance is not resolved satisfactorily within fourteen (14) calendar days thereafter, the grievance may proceed to Step 2. Furthermore, while the Unit Core Faculty member and the University are encouraged to resolve disputes at Step 1, the Union may initiate a grievance on the Unit Core Faculty member’s behalf at Step 2, provided it is so initiated within the twenty-one (21) calendar days specified above. In the event an individual Unit Core Faculty member and the University settle a dispute without the written and express agreement of the Union, that settlement will not create a precedent for either party in the interpretation or application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or Step 2. If the grievance is not resolved at Step 1, the Unit Core Faculty member may request that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to appeal the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placeto Step 2. If the Union wishes to appeal to the next Step, deems the grievance shall to be reduced to writing and meritorious, it may file the appeal shall be filed Step 2 grievance with the Store Manger Unit Core Faculty member’s Xxxx or his/her designee within six fourteen (614) working calendar days from of receipt of the Store Manager's oral decision. Between the employee concernedStep 1 response, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held or within seven (7) working calendar days of the date of deadline for the appealStep 1 response, if none was received. The decision of If the Employer grievance is filed within the time limits, the Xxxx or his/her designee shall conduct a meeting as soon as practicable, but no Step 3. A grievance not resolved at this Step shall 2 may be appealed in writing and be made within four (4) working days of the date of the meeting. Should by the Union wish to appeal, such notice of appeal must be in writing to the CompanyUniversity’s Xxxxxxx or his/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party her designee within seven (7) calendar days of the conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at this Step as soon as practicable, but no less than fourteen (14) calendar days from the date filing of the Step 3 grievance. If the grievance is not resolved at this meeting, the Xxxxxxx or his/her designee shall respond to the Union in writing within fourteen (14) calendar days of the meeting. 15.03 In . Any grievance filed by the case Union on behalf of two or more Unit Core Faculty members, or involving the discharge of a dismissal, Unit Core Faculty member or a grievance against a Xxxx, may be filed by an employee who feels he was unjustly dealt withinitiated at Step 3. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In Additionally, as to any subsequent disposal of this case during the grievance procedureother grievance, the Employer parties may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, proceed initially at Step 3 if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the partiesagreement, in writing.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either A grievance is a claim that the Employer, the Union or any employee Employer has violated a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation provision of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right . An honest and xxxxxxx effort will be made to place such settle grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise according to the grievance occurs following steps and within this period of time it shall be discussed at this Stepprocedures. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step All grievances shall be in writing and shall set forth the article or section of the Agreement alleged to have been violated and the specific remedy requested. In order to be made considered, a grievance must be filed on the form provided by the Union within four fourteen (414) working days of the date occurrence of the meetingevent which gave rise to the grievance, or within fourteen (14) days after the grievant knew or should have known of the facts which are the subject of his/her grievance. Should Days for which an employee is on authorized leave shall not be counted in calculating the fourteen (14) day time limitation. Prior to filing a grievance, an employee shall first attempt to resolve the matter informally with the employee's supervisor or designee. This informal discussion may be waived only by agreement of the Employer and the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (writing. Step 1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded presented to the Employer, which shall have one (1) week to dispose employee's supervisor or designee. Upon request of the grievancegrievant, the employee's representative may be present. The disposition supervisor or designee shall be respond in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date the grievance is received. Step 2. If the grievance is not resolved at Step 1, it may be appealed in writing to the Director or designee by the employee within ten (10) days of the meeting.answer at Step 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with1. Such grievance must be filed The Director shall respond in writing within five ten (510) working days from the date the grievance is received. Step 3. If the grievance is not resolved at Step 2, it may be appealed in writing to Human Resources or designee, with copies to the employee's supervisor, by the employee within seven (7) days of dismissal the answer at Step 2. The Supervisor of said employee and shall commence Director of Human Resources or designee will hold a third level meeting within seven (7) days of receipt of the appeal with the representative and the grievant. Within seven (7) days after this meeting, the Director of Human Resources or designee will give the Employer's final written decision. The Union and Employer may mutually agree in writing to waive Steps 1 and/or Step 2 of the procedure if the grievance is of a nature that cannot be resolved at STEP TWOthose levels. All time limits referred to herein may be extended and/or waived by mutual written agreement between the parties. If the Union is not satisfied with the decision, it may submit the grievance to impartial arbitration by written notice to the Director of Human Resources within fourteen (14) days after the receipt of the decision. The parties will request forms from the Federal Mediation and Conciliation Service requesting a panel of arbitrators and will proceed according to the neutral agency's procedure. The Employer agrees to allow the grievant any necessary employee witnesses requested by the grievant time off with pay only for time which the employee witnesses are required to attend the arbitration hearing during their regularly scheduled work hours. In any subsequent disposal view of this case during the grievance procedurenecessity to maintain Employer operations, the Employer may reretains the discretion for reasonable scheduling of employee witnesses. Each party shall compensate its own non-instate member representatives and witnesses. Fees and expenses of the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates arbitration shall be handled in accordance with borne equally by the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement Union. If one party desires a stenographer or transcript of the proceeding, the total cost for such transcription shall be paid by the party desiring the service. If the other party desires a copy, then the total cost of such stenographer and transcription shall be shared equally by both parties. The arbitrator shall be required to submit to both parties a total accounting for the fees and expenses of arbitration. The arbitrator shall be requested to render a decision as quickly as possible, but in any event, no later than thirty (30) calendar days after the conclusion of the hearing unless the parties agree otherwise. The arbitrator shall have no power to add, subtract from, or modify any of the terms of this Agreement, nor shall the arbitrator substitute the arbitrator's discretion for that of the Employer nor impose on either party a limitation or obligation not specifically required by the express language of this Agreement. The arbitrator's decision shall address itself solely to the issues presented and shall not impose upon either party any restitution or obligation pertaining to any matter raised in the dispute which is not specifically related to the submitted issue or issues. The arbitrator's decision shall be final and binding. The Union will be responsible for notification to a grievant and the Union witnesses of the time and place of the arbitration or grievance hearing.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 26.01 Both the EmployerCompany and the Union emphasize the importance of the grievance procedure, the Union or any employee has a right purpose of which will be to lodge a grievance with respect to any matter arising out of this Agreement or concerning settle as many grievances as possible promptly and on the interpretationspot. Accordingly, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between considered timely if filed at Step 1 within ten (10) business days of the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event incident giving rise to the grievance occurs and within this period also provided that it has first been dealt with as a complaint. It is further agreed that consultation at any step in the following procedure will take place quietly and speedily so that any possible cause of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall friction may be reduced to writing and a minimum. Complaint Stage The employee shall discuss the appeal shall matter with their supervisor in an effort to achieve a satisfactory resolution. The employee may be filed accompanied by a Union Xxxxxxx or their alternate during such discussion if they feel this will be of assistance in explaining their complaint. If a satisfactory settlement is not reached the complaint may be carried forward to Step 1 as a grievance. Step 1 If the discussion with the Store Manger supervisor does not resolve the matter to the employee’s satisfaction, a written grievance, duly signed by the employee, may be presented to the Supervisor or their designate within six ten (610) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working business days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish incident giving rise to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition Supervisor or their designate shall be in writing and returned give a written answer to the officers grievance within five (5) business days of receipt of the Union. grievance. Step 2 If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given at Step 1 is unsatisfactory to the other party within seven (7) days from employee the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed re-submitted by an employee who feels he was unjustly dealt with. Such grievance must be filed the Union Representative to the Warehouse Manager or their designate within five (5) working days from of the written response at Step 1. The Warehouse Manager or their designate shall render a written decision within five (5) working days following the date of dismissal discussion with the Union Representative. At any step in the grievance process, either party may bring to the meeting a person(s) who they feel adds value to the grievance meeting. 26.02 Employees who are dismissed, suspended, disciplined for any reason whatsoever, or laid off, and feel that they have been unjustly dealt with shall promptly notify the Union Representative or their designate who shall, within five (5) working days of receipt of notice of dismissal, suspension or layoff by the aggrieved employee, notify the Warehouse Manager, stating the grounds of objection to the dismissal, suspension or layoff. The dismissal, suspension or layoff shall then constitute a grievance and shall commence be dealt with according to the Grievance Procedure set out above, beginning with Step 2 above. If subsequently it is decided that the employees were unjustly dismissed, suspended or laid off, they shall be reinstated in their former position and shall be compensated for all time lost at STEP TWO. In any subsequent disposal their regular rate of pay or granted such lesser compensation as may be decided fair in the circumstances. 26.03 Should disputes, claims or grievances arise as to the meaning or interpretation of this case during Agreement that cannot be settled by the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure Union and the disposition of such grievancesCompany, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance they may be submitted to Arbitrationan impartial Arbitrator, as hereinafter providedlisted below at the request of either party. The Arbitrators are as set forth and will be used on a rotating basis; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.1. Xxxxx Xxxx 2. Xxxxx Xxxxxx 3. Xxxxx Xxxxxxxx

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 9.01 It is the Employermutual desire of the parties to this Agreement that grievances are dealt with as quickly as possible. For purposes of this Agreement, the Union or any employee has a right to lodge a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing 9.02 It is understood that he a Nurse has been unjustly dealt with no grievance until he/she has first given her Director of Care or that designate the provisions opportunity of this Agreement have not been complied withhearing the complaint. A Nurse, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the assistance of her Union representative, the Department Managerif she so desires, and the Company. The discussion at this Step shall be held within seven (7) working days discuss a complaint with his/her Director of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed Care or designate within five (5) working days from after the date circumstances giving rise to it have occurred or ought reasonably to have come to the attention of dismissal the Nurse. Failing satisfactory settlement within five (5) working days, it shall then be taken up as a grievance within five (5) working days following advice of the Director of Care or designate’s decision. 9.03 In all steps of this grievance procedure an aggrieved employee may, if he/she so desires, be accompanied by or be represented by his/her ONA representative. The Nurse may submit a written grievance to his/her Director of Care or designate. The grievance shall be on an ONA Grievance Form and shall commence at STEP TWO. In any subsequent disposal identify the nature of this case during the grievance procedureand the remedy sought, and shall identify the provisions of the Agreement which are alleged to have been violated. A meeting will be arranged within nine (9) working days between the aggrieved and his/her ONA representative and the Director of Care or designate and Director of Nursing or delegate. The Director Of Nursing or delegate will deliver his/her decision in writing within nine (9) working days following the day on which the grievance was presented to him/her. Within ten (10) working days following the decision in Step One, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted in writing to Arbitration, as hereinafter provided; the Director of Nursing and Human Resources. A meeting will then be held between the Management Committee and the Grievance Committee within ten (b10) The time limits as prescribed above may be modified by mutual agreement working days of the parties.submission of the grievance. A decision shall be given, in writing, within ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Full-Time and Part-Time .01 For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that .02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied withviolated. .03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. .04 It is the hands mutual desire of the Union for review parties hereto that complaints shall be adjusted as quickly as possible, and adjustment by it is understood that an employee has no grievance until he has first given his immediate supervisor the Employer, opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between the employee concerned, discussed with his Union representative and the Company. The grievance must be filed immediate supervisor within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: Step 1 The employee shall submit the grievance, in writing, and signed by him, to (designated by Hospital). The employee may be accompanied by a Union xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then: Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1designated by Hospital). A meeting will then be held between the (designated by Hospital) week of and the decision of designated union representatives who may be accompanied by the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers general representative of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureat Step 2, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 30.01 Should differences arise as to the Employer, the Union interpretation or any employee has a right to lodge a grievance with respect to any matter arising out application of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Collective Agreement have not been complied withor should grievance occur within a Department covered by this Collective Agreement, this to include discharge or termination without cause, there shall have the right to place such grievances in the hands be no strike, stoppage of work or suspension of work by the Union for review and adjustment or Employees or lockout by the Employer, if necessary. Such grievances shall Employer on account of such differences or grievance until the following procedure has been carried out: (a) Grievances are to be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger submitted within six (6) working months of occurrence except in the case of a grievance arising from an Employee's discharge or termination, in which case the grievance must be submitted within sixty (60) days of occurrence. Time runs from the Store Manager's oral decisiondate that the grieving Party knew, or should have reasonably known of the incident giving rise to the grievance. Between The Employee or Employees, or the employee concernedEmployer shall report the grievance to the shop xxxxxxx or shop xxxxxxx, the latter shall take the matter up with a representative of management or report the matter to the Union representativerepresentative who shall then take the grievance up with management. (b) If no settlement is then arrived at, either Party may notify the other in writing by registered mail of the question or questions to be arbitrated and the name and address of its choice of an arbitrator. After receiving such notice and a statement, the Department Managerother Party shall, within five (5) days agree to the proposed single arbitrator or suggest alternate arbitrator(s). If the two Parties fail to agree on a single arbitrator within three (3) days, they shall forthwith request the Labour Relations Board to appoint an arbitrator. (c) The arbitrator shall have the power in allowing a grievance to rectify the matter complained of, including the awarding of lost pay, if any, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appealreinstatement in employment. The decision of the Employer at this Step arbitrator shall be final and binding upon both Parties. However in writing no event shall the arbitrator have the power to alter or amend the Collective Agreement in any respect. 30.03 Expedited Arbitration Procedure for collecting monies owed to various Local Funds (a) Notwithstanding anything contained in Sections 30.01 and 30.02 herein, a failure of the Employer to carry out its obligations including but not limited to making its required contributions under Article 5 - Dues Checkoff; Article 14 - Educational Training and Retraining Fund and Plan; Article 26.01 and Appendix "B" G.C.I.U. Local 525M Welfare Plan; Article 26.02 and Appendix "D" G.C.I.U. Local 525M Dental Plan; Article 27 and Appendix "C" G.C.I.U. Local 525-210 Pension Plan; Article 28 - G.C.I.U. Supplemental Retirement and Disability Fund; of this Collective Agreement may, as an alternative to Sections 30.01 and 30.02 be made referred to arbitration by the Union, Employers or trustees of any one or more of the said plans, using the procedures set out in this Section. (b) There shall be no time limit within four which a grievance must be filed or a matter referred to arbitration. Any breach by an Employer of its obligations to a plan referred to in this Section under a prior Collective Agreement between the Parties shall be deemed to be a breach of this Collective Agreement, and the procedures set out in this Section may be used in grieving and arbitrating such breach. (4c) working The Union, Employers and trustees, or their agents may submit a written notice of default to the Employer with a demand for payment of contributions and compliance with any other provisions of the plan. Such notice shall be considered to be the filing of a grievance under this Section. The Notice shall be deemed to have been received by the Employer on the third day after the day on which it was mailed. (d) If the Employer fails to make its required contributions or otherwise fails to comply with the plan within ten (10) days of after the date of the meeting. Should notice the Union wish grievance procedures shall thereupon be exhausted and the grievance may be referred at any time thereafter by the Union, Employers or trustees, or their agents, to appealfinal and binding arbitration. (i) The Union, such Employers or trustees shall give reasonable notice of appeal must be in writing to the Company/operator within Employer of their desire to arbitrate pursuant to this section and shall state the date, time and place fixed for such arbitration. (ii) The trustees of one (1) week or more of the said plans or such committee or subcommittee as the trustees may appoint, shall appoint an arbitrator or arbitrators to conduct the arbitration. Such arbitrator or arbitrators may include, but are not limited to, an Employer trustee, Union trustee, former trustee, former official, officer or Employee of the Union, or an Employer which is a Party to the trust agreement which is being arbitrated or otherwise bound thereto. An arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans and one or more companies concurrently or as the arbitrator may determine. (iii) The arbitrator(s) shall hear and decide all matters referred to them by the Union, Employers or trustees. The decision of the Company arbitrator(s) shall be final and binding on the Union, Employers, trustees and the Company. (iv) The arbitrator(s) shall have the full authority of an arbitrator appointed pursuant to the Labour Relations Code of British Columbia. Without limiting the generality of the foregoing the arbitrator(s) shall have the authority to order the Employer to perform its obligations pursuant to this Collective Agreement and relevant trust agreement or agreements, and may, in addition to ordering the Employer to make all contributions owing, order the Employer to pay interest on overdue contributions at STEP TWOsuch rate as the trustees have determined; pay reasonable counsel fees incurred, or to be incurred by the trustees, in the collection of such delinquent amounts, including the counsel fees for the arbitration, pay other reasonable costs incurred in the collection of a delinquency, pay liquidated damages in the amount equal to twenty percent (20%) of the total of all amounts found to be delinquent as determined by the arbitrator(s) to be due and owing. The grievance shall Employer acknowledges and agrees that the liquidated damages will be forwarded used to defer administrative costs and acknowledges the cost to be actual and substantial though difficult to ascertain, however, the Employer acknowledges that these are a minimum of twenty percent (20%) of amounts found to be delinquent and waives the necessity of any additional proof thereof. Without limiting the generality of the foregoing, the said sum is on account of damages resulting from: 1. Inconvenience and burden imposed on the trustees. 2. Loss of any benefits, monetary or otherwise accruing to any Employees. 3. Loss of benefits and the use of any funds in connection with the Employer, which shall have one (1) week 's failure to dispose comply with the terms and conditions of the grievance. The disposition relevant trust agreement and Collective Agreement. (v) For the purposes of sub-section (iv), "reasonable counsel fee" shall be mean all reasonable counsel fees in writing the amount for which the trustees become legally obligated, including the fee for recovery of liquidated damages, audit costs, filing fees, and returned to the officers of the Union. If considered necessary any other expenses incurred by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meetingtrustees. 15.03 In the case of a dismissal, a grievance (vi) Any arbitration order or award determined under this section may be filed by the Union, Employers or trustees pursuant to the Labour Relations Code of British Columbia and may be enforced thereunder. The Union, Employers or trustees may take any other action they deem advisable to enforce the obligations of an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In Employer as set out in this Section notwithstanding any subsequent disposal other provision of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the dischargeCollective Agreement. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either In the Employer, event of any dispute between the Union or any employee has a right to lodge a grievance with respect to any matter arising out of covered by this Agreement and the Employer with regard to the interpretation or concerning application of any of the interpretation, application or alleged violation terms of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that , the provisions following grievance and arbitration procedure shall, unless otherwise expressly provided herein, be the exclusive means of this Agreement have not been complied with, shall have resolution of such dispute. Failure to settle the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed dispute within eighteen ten (1810) working business days after the invocation of Step One entitles either party to proceed to Step Two; failure to settle the dispute within ten (10) business days after the invocation of Step Two entitles either party to proceed to Step Three. Failure to settle the dispute within ten (10) business days after the invocation of Step Three entitles either party to proceed to arbitration. In the event the grieving party does not exercise its option to proceed to the next step by serving written notice upon the other party as required hereunder within ten (10) business days of entitlement to do so as provided herein, then such grieving party shall be deemed to have waived such grievance unless the parties mutually stipulate otherwise in writing. Each party agrees to provide, upon written request by the other party, non-proprietary information which is relevant and necessary to the processing of any grievance hereunder. Such information shall be provided to the requesting party in a timely manner. STEP ONE -- A grievance shall be filed in writing within thirty (30) days of the date on which the grieving party knew or reasonably should have known of the event(s) giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepgrievance, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be but in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within no event later than one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days year from the date such event(s) occurred. The representative of the meeting. 15.03 Union and the Employer's representative shall immediately discuss the matter and the dispute shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the parties to the dispute. STEP TWO – In the case event of a dismissalfailure to settle the dispute under Step One above, a the grieving party shall present the grievance may be filed by an employee who feels he was unjustly dealt within written form to the Representative of the other party. Such written notice shall contain the specific contract section(s)which are alleged to have been violated, the date(s) or approximate date(s) of the alleged violation(s), the specific facts and details or a summary of the alleged violation(s) on which the grievance must is based, the name of the production (if any), the remedy sought and the name(s) of the individual(s) aggrieved, except for group claims for which the classification(s) of the individuals aggrieved shall be filed listed. In the event the party receiving the Step Two notice does not feel that the written notice complies with the preceding, then the party receiving the Step Two notice shall notify the grieving party within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition receipt of such grievances, if sustained, Step Two notice. This response shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 indicate those areas in which more specific information is required. The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.grieving party shall then have five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the EmployerSection 1. Having a desire to create and maintain labor relations harmony between them, the Union parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or any employee has a right other grievances (hereinafter referred to lodge a grievance with respect to any matter as grievances) arising out between them involving questions of this Agreement interpretation or concerning application of the interpretation, application or alleged violation express terms and provisions of this Agreement. 15.02 Step 1 - Any employee believing that he grievance shall first be taken up with the employee(s) and the immediate supervisor, within ten (10) working days of the grievable event. In no event shall any grievance advance to Step 2 unless the immediate supervisor has been unjustly dealt with or that given the provisions of this Agreement have not been complied with, opportunity to attempt to resolve the grievance. The supervisor shall have ten (10) working days to give a response. If no response is given, the right grievance shall advance to place such grievances the next step. Step 2 - If a grievance cannot be resolved at Step 1, the designated union representative shall present the grievance, in writing, to the hands appropriate Division Administrator within ten (10) working days of the Union for review and adjustment by receipt of the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the CompanyStep 1 response. The grievance must be filed within eighteen state the name of the grievant, when the incident occurred, the nature of the grievance (18being specific), the applicable Articles of the contract which were violated, the remedy sought, the signatures of the grievant and the business agent, and the dates of signing. Failure to follow the requirements (above) of this step shall render the grievance non-arbitrable. The Division Administrator shall have ten (10) working days after the event giving rise to give a response. Step 3 - If the grievance occurs and within this period of time it shall cannot be discussed resolved at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next StepStep 2, the grievance shall be reduced presented in writing to writing the Director of the Department of Natural Resources and the appeal shall be filed with the Store Manger Conservation within six ten (610) working days from of receipt of the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, Step 2 response and the Companyattempted settlement shall be made. The discussion at this Step Director shall be held issue the final administrative decision within seven ten (710) working days of the date receipt of the appealStep 3 grievance. Section 2. The Should the aggrieved employee or employees and the Union consider the decision of the Employer at this Step shall Director to be in writing and be made unsatisfactory, the local Union shall, within four ten (410) working days of receipt of such decision, notify the date Director and the State Labor Relations Bureau Chief, in writing, of its intention to have such grievance referred to arbitration. Section 3. Designated representatives may replace any of the meetingtitled positions named in the above procedures. Section 4. Should Time limits stated in the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting above procedures may be held extended by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meetingwritten mutual agreement. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right 8.01 The parties to lodge a grievance with respect to any matter arising out of this Agreement or are agreed that it is of the utmost importance to adjust complaints and grievances concerning the interpretation, application interpretation or alleged violation violations of this Agreementthe Agreement as quickly as possible. 15.02 Any employee believing that he has been unjustly dealt with 8.02 No grievance shall be considered where the events giving rise to it occurred or that originated more than two full working days before the provisions filing of the grievance. 8.03 Grievances properly arising under this Agreement have not been complied with, shall have be adjusted and settled as follows: STEP 1 The aggrieved employee shall present his grievance orally to his xxxxxxx. The xxxxxxx shall give his decision within two working days following the right to place such grievances in the hands presentation of the Union for review and adjustment by grievance to him. If the Employer, if necessary. Such grievances shall be processed as follows: - Between xxxxxxx'x decision is not satisfactory to the employee concerned, then the grievance may be presented as follows. STEP 2 Within two working days after the decision is given at Step 1, the aggrieved employee may, with or without his Union representative xxxxxxx, present the grievance to the Plant Manager, who shall consider it in the presence of the person or persons presenting same and the xxxxxxx. Written record of the grievance shall be established and acknowledged by the grievor and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Plant Manager shall give an oral will render his decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days following the presentation of the grievance to him. If a settlement satisfactory to the employee concerned is not reached, then the grievance may be presented as follows. STEP 3 If the matter is not settled, then within three (3) working days of the Manager's reply, the Union business representative may request a meeting with the Company's management. In such case the meeting shall be held between the Company management and the business representative as soon as practicably possible, but not later than two (2) weeks after the Company received notification from the date of dismissal and shall commence at STEP TWOUnion that such meeting is desired. In any subsequent disposal A written record of this case during meeting shall be established and acknowledged by the Union and the Company. The Company shall give its reply in writing following such meeting. 8.04 If final settlement of the grievance is not reached at Step 3, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, then the grievance may be referred in writing by either party to a Board of Arbitration as provided in Article 8.05 below at any time within twenty-one (21) calendar days after the decision is given under Step 3 and if no such written request for arbitration is received within the time limit, then it shall be deemed to have been abandoned. 8.05 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in this Article above, and which has not been settled, will be referred to a sole arbitrator, at a written request of either of the parties hereto. 8.06 The sole arbitrator shall be mutually agreed upon by the parties. 8.07 Should the parties, fail to agree on a sole arbitrator within seven (7) days of the notification mentioned in Article 8.07 above, the Minister of Labour of the Province of Ontario may be asked to nominate a person to act as the sole arbitrator at any time thereafter. 8.08 The decision of a the sole arbitrator, shall be binding on both parties. 8.09 The sole arbitrator shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. 8.10 Each of the parties to this Agreement will bear the expenses its witnesses, and the parties will jointly bear the expenses, if any, of an Arbitrator. 8.11 No matter may proceed to arbitration with out first exhausting all steps of the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Full-Time and Part-Time 8.01 For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied withviolated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. 8.04 It is the hands mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a Union for review and adjustment by the Employer, Xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between discussed between the employee concerned, and his Union representative and the Company. The grievance must be filed or her immediate supervisor within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, and signed by him or her, to the immediate supervisor or designate . The employee may be accompanied by a Union Xxxxxxx. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then: Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and the Union Representatives who may be accompanied by the Union Xxxxxxx(s) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers or Grievance Committee as applicable of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureat Step 2, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting to the Union Representative.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.01 For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied withviolated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. 8.04 It is the hands mutual desire of the Union for review parties hereto that complaints shall be adjusted as quickly as possible, and adjustment by it is understood that an employee has no grievance until he has first given his immediate supervisor the Employer, opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between discussed between the employee concerned, and his Union representative and the Company. The grievance must be filed or her immediate supervisor within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then: Step 2 Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and the Union Representatives who may be accompanied by the Union Xxxxxxx(s) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers or Grievance Committee as applicable of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureat Step 2, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting to the Union Representative.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. The grievance/arbitration procedure provides the Employermeans by which disputes or problems between the parties which arise concerning the application, the Union meaning or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement or concerning the interpretation, application or alleged violation of this Agreementare to be resolved. 15.02 Any STEP 1. The employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied withAssociation on the employee's behalf shall present his/her grievance in writing on the "Official Grievance Form" or facsimile, shall have to his/her immediate supervisor within the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Companyappropriate time limit. The grievance must be filed within eighteen (18) working days after the event giving rise to statement shall include: a. The date the grievance occurs and within this period occurred; b. A description of time it shall the problem; c. The contract provision alleged to be discussed at this Stepviolated; and d. The remedy sought. The Manager shall give an oral decision within four (4) working days from At the date the discussion took place. If the Union wishes to appeal to the next Stepemployee’s request, the supervisor shall schedule a mutually convenient time to discuss the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union grievant and/or his/her representative, the Department Managereither in person or by telephone, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from of filing the date grievance, unless such discussion is mutually waived. The supervisor shall investigate the grievance and respond in writing within ten (10) days of the meetinggrievance discussion or receipt of the grievance if discussion was waived. 15.03 In STEP 2. If the case of a dismissalSTEP 1 response is unsatisfactory, a the Association may advance the written grievance may be filed by an employee who feels he was unjustly dealt withand the STEP 1 response to the Manager at STEP 2. Such The grievance must be filed submitted within five ten (510) working days from of either the receipt of the response at STEP 1, or the date of dismissal and shall commence at the response was due, whichever occurs first. STEP TWO3. In any subsequent disposal of this case during If the grievance procedureSTEP 2 response is unsatisfactory, the Employer Association may re-instate advance the employee with full back paywritten grievance, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance unchanged, along with the above procedure and the disposition of such grievancesresponse, if sustainedany, from STEP 1 and STEP 2 shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to the Superintendent/Assistant Administrator or his/her designee, except for Xxxxxxxxx Cottage which shall be submitted to the Senior Human Resource Manager of the program. The grievance must be submitted within ten (10) days of either the receipt of the response at STEP 2, or the date the response was due, whichever occurs first. STEP 4. If the STEP 3 response is unsatisfactory, the Association may advance the written grievance, along with the responses, if any, from STEP 1, STEP 2, and STEP 3 shall be submitted to the Department of Administrative Services, Labor Relations Unit within ten (10) days of either the receipt of the response at STEP 3, or the date the response was due, whichever occurs first. Arbitration. If the grievance is not satisfactorily resolved by the Labor Relations Unit, as hereinafter provided;the Association, on behalf of the grievant, may advise the Labor Relations Unit within ten (10) days of either receipt of the Division's response, or the date the response was due, whichever occurs first, that it wishes to arbitrate the grievance. (b) The time Section 3. Time limits as prescribed above may specified in this procedure must be modified observed unless extended by mutual agreement of the partiesparties in writing. If at any step of the grievance procedure the Employer fails to issue a response within the time limits set forth in this Article, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Association. If the employee or Association fails to meet the time limits specified herein, the grievance will be considered withdrawn and it cannot be resubmitted. Section 4. At STEP 1, the parties understand that the grievant will explain the grievance and indicate the contract provision(s) violated to the best of his/her understanding. Section 5. The parties agree to use the "Official Grievance Form" or facsimile for the processing of grievances and that beginning at STEP 2, it shall be complete with all information required on the form at that Step. The Official Grievance Form can be obtained by going to ONA’s website at xxx.xxxxxxxx.xxx or call ONA’s office at (000) 000-0000.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 11.01 It is the Employermutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his supervisor an opportunity to adjust the Union or any complaint. If an employee has a right to lodge a grievance complaint, he shall discuss it with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed supervisor within eighteen three (183) working days after the event circumstances giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes complaint have occurred or have or ought to appeal have reasonably come to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days attention of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator employee: failing settlement within one (1) week of the decision of the Company at STEP TWO. The grievance working day thereafter, it shall then be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, taken up as a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five three (53) working days from following advice of the date of dismissal supervisor's decision; in the following manner and sequence: 11.02 All decisions arrived at between the Company and the Association shall commence at STEP TWO. In any subsequent disposal of this case during be final and binding upon the grievance procedureCompany, and the Employer may re-instate Association and the employee with full back pay, suspend the employee for a definite period or sustain the dischargeemployees concerned. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) 11.03 Failing settlement under the foregoing procedureprocedure or any grievance between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to Arbitration, arbitration as hereinafter provided;. If no written request for arbitration is received within one (1) month after the decision under Step No. 3 is given, the grievance shall be deemed to have been settled. 11.04 Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. (a) It is agreed that a grievance arising directly between the Company and the Association shall be originated under Step No. 2 and the time limits set out with respect to that step shall appropriately apply. It is understood, however, that the provisions of this Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby by-passed. (b) The time limits as prescribed above Where a number of employees have the same grievance and each employee would be entitled to grieve separately, they may be modified present a group grievance in writing signed by mutual agreement each employee at Step No. 1 of the partiesgrievance procedure within three (3) days following the occurrence or origination of the circumstances giving rise to the grievance. The grievance shall then be treated as having been initiated at Step No. 1 of the grievance procedure and the applicable provisions of this agreement shall then apply. 11.06 No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Company under the Grievance Procedure except in matters of clerical errors affecting an employee's pay. 11.07 It is agreed that if there is a period of twelve (12) months since the last disciplinary notice, the previous disciplinary notice shall be removed from the employee's Personnel file.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 7.01 The parties to this Agreement believe that it is important to adjust complaints and grievances as quickly as possible. Notwithstanding the provisions contained in this Article, any Nurse and/or the Association may present a complaint at any time without recourse to the formal written procedure described herein. 7.02 In the event of a complaint by a Nurse covered by this Agreement that the Nurse has been discriminated against or discharged or disciplined without just cause or has been otherwise dealt with unjustly the Nurse may file a grievance against the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such All grievances shall be processed as follows: - Between the employee concerned, his Union representative in writing and the Company. The grievance must be filed within eighteen (18) working days after the event shall contain a statement of facts giving rise to the grievance. Each grievance occurs and within this period of time it shall be discussed at filed in accordance with the procedure outlined in this Step. The Manager shall give an oral decision Article within four ten (410) working days from the date occurrence of the discussion took placecircumstances which gave rise to it. If the Union wishes to appeal to the next Step, the grievance The following shall be reduced to writing the procedure in processing and handling grievances. Step 1 The Nurse and/or a representative of the appeal Association shall be filed take the matter up with the Store Manger Nurse’s Director who shall give a decision in writing within six five (65) working days from of receipt of the Store Manager's oral decision. Between grievance. Step 2 If the employee concernedgrievance is not settled at Step 1, the Union representativeNurse and/or a representative of the Association may, the Department Manager, and the Company. The discussion at this Step shall be held within seven ten (710) working days of the date of receiving the appeal. The decision answer of the Employer at this Director (or if no answer is received under Step shall be in writing and be made 1 within four ten (410) working days after such answer ought to have been received) refer the grievance to the Medical Officer of Health or the nominee of the date Medical Officer of the meeting. Should the Union wish to appeal, such notice of appeal must be Health and that officer shall give a decision in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of receipt of the date grievance. Prior to the Medical Officer of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureHealth or designate providing an answer hereunder, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates there shall be handled in accordance with a meeting between the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing Association at STEP THREE. (a) Failing settlement under which an Employment Relations Officer from the foregoing procedure, such grievance may be submitted Association shall attend in order to Arbitration, as hereinafter provided; (b) The discuss and attempt to resolve the grievance. Note: Any of the time limits as prescribed allowances provided above may be modified extended by mutual agreement of between the parties. 7.03 The Employer will pay such Association representatives at their respective salaries for all regular time lost in the investigation or processing of grievances. 7.04 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 five (5) days inform the other party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a third (3rd) person who shall be the Chairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two (2) appointees fail to agree upon a Chairman within the time limit, the appointment shall be made by the Minister of Labour of the Province of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any Nurse affected by it. The decision of the majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairman governs. 7.05 The Arbitration Board shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration Board, and will share equally the fees and disbursements of the Chairman. 7.06 In the event that a Nurse is suspended or discharged and it is considered that an injustice has been done, the matter may be taken up as a grievance at Step 2 of the Grievance Procedure. 7.07 Notwithstanding any other provisions of this Agreement grievances may be settled by confirming the Employer's action or by any other arrangement which is just and equitable in the opinion of the parties or the Board of Arbitration.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 3.01 Either the EmployerCompany, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 3.02 Any employee believing that he has been unjustly dealt with with, or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the EmployerCompany, if necessary. Such grievances shall be presented indicating the provision of the Agreement which has been allegedly violated, and shall be processed as follows: - Between the employee concerned, his Union representative and the Company. Step One: The grievance must be filed within eighteen fifteen (1815) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Stepbetween the employee concerned, his Union Representative and the Store Manager. The Store Manager shall give an oral decision within four five (45) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the writing. Notice of appeal shall be filed with the Store Manger Manager within six five (65) working days from the Store Manager's ’s oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step Two: A meeting shall be held within seven five (75) working days of the date of the appealnotice of appeal and within this period of time the grievance shall be discussed between the employee concerned, the Union Representative, the Store Manager, the District Manager and/or their delegates. The decision of the Employer Company at this Step shall be in writing and be made within four five (45) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. Step Three: The grievance shall be forwarded to the EmployerHead Office of the Company, which shall have one five (15) week working days to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 3.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the dischargeStep Two. 15.04 3.04 Grievances concerning rates shall be handled in accordance with the above procedure procedures and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity retroactive thereto. 15.05 3.05 The Employer and Company or the Union may file grievances commencing at STEP THREEStep Three. If an Arbitration Board finds that the Company or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Company or an employee affected by the violation. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, Arbitration as hereinafter provided;provided and if no written request for Arbitration is received which is postmarked within thirty-one (31) days after the decision under Step Three is given, it shall be deemed to have been abandoned. (b) The time limits as prescribed above may be modified by mutual agreement of the partiesParties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has 1. A grievance is a right to lodge written complaint by a grievance with respect to any matter arising out Graduate Assistant(s) and request for remedy involving an alleged violation of a specific provision(s) of this Agreement and filed using the procedure outlined below in Sections B-D. A grievance may also be filed in writing by the Union, but only as to the interpretation or concerning the interpretation, application or alleged violation of a specific provision of this Agreement. A Union grievance shall be brought at Step Two of these procedures (see Section(D)(2)) within twenty (20) business days after the Union first became aware, or reasonably should have been aware, of the facts giving rise to the grievance. No matter concerning any definition or application of the good standing of a Graduate Assistant in a CMU graduate degree program shall be subject to the grievance and arbitration procedures. The primary purpose of this procedure is to secure a practicable and equitable resolution of the grievance. Grievances shall be processed according to the time limits described herein; but, the time limits in each step of the process may be shortened or extended by mutual written agreement of the grievant and CMU. 15.02 2. Any employee believing that he has been unjustly dealt written decision or written answer to a grievance made at any step, which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. If a written decision or written answer to an appeal is not rendered by an administrator within the time limits specified in this Article, the grievant may take the matter to the next step. 3. At no step in this procedure shall a settlement be reached which is inconsistent with or that the provisions of this Agreement have Agreement, unless both the University and Union concur in writing. 4. No settlement of a grievance by the parties shall be a precedent for any other or future grievance. 5. A grievance may be withdrawn, and if withdrawn, may not been complied withbe reinstated, and no financial or other liabilities shall have the right result. 6. Whenever time limits are used in this Article, they shall be understood to place such grievances mean business days. The time limits shall be tolled during break periods in the hands of the Union University calendar and University designated holidays. 7. No party to a meeting under this Article shall unreasonably fail or refuse to meet at reasonable times or places established for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placesuch meetings. If the Union wishes to appeal meeting identified in Section (D)(2)(b) is not conducted within fifteen (15) business days due to the next Step, unavailability of the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, grievant or the Union representative, the Department Manager, written response required in Sections (D)(2)(b) and the Company. The discussion at this Step (c) shall be held within seven tolled for an equal number of days beyond which the meeting identified in (7D)(2)(b) working was conducted (i.e. if the meeting takes place twenty (20) business days of after the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose submission of the grievance, the written response is not due until twenty (20) business days after the meeting). 8. The disposition shall Hand delivery or an actual verified receipt, time-stamped email, or postmark will be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held regarded by the parties as evidence of delivery and receipt for the purposes of determining whether time limits have been met. 9. A Graduate Assistant(s) may include choose to have a Union representative represent her or him at any step of the interested personsGrievance Procedure; or, a Graduate Assistant may choose to represent herself or himself at these Steps and forego or decline Union representation. 10. If a meeting grievance is heldthe result of an action of an administrator above the level of the hiring department or unit, the decision shall be given to the other party within seven (7) days from the date of the meetinggrievant may initiate her or his grievance at Step Two. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 14.1 Any complaint, disagreement or difference of opinion between the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out the employees covered by this Agreement, which concerns the interpretation or application o f the terms and pro­ visions of this Agreement shall be considered a grievance. 14.2 Any employee, the Union or concerning the interpretationEmployer may present a grievance. Any grievance which is not presented within thirty (30) calendar days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved parties, application except in the case o f discharge or alleged violation suspension when the time limit shall be ten (10) calen­ dar days. 14.3 All grievances shall be submitted in writing and will set forth the issue(s) and contentions o f the aggrieved party(s). 14.4 The Union representatives and the Employer Labor representa­ tive shall discuss and attempt to adjust such grievances. 14.5 If the Union and the Employer Labor representative cannot reach an adjustment within five (5) days, upon request o f either party, the grievance shall be submitted to arbitration. 14.6 The parties shall select an Arbitrator or jointly request a list from the Federal Mediation and Conciliation Service and selection shall be made by alternate strike method. 14.7 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigation as he deems essential to a full understand­ ing and determination o f the issues involved. 14.8 The Arbitrator shall not be vested with the power to change, modify or alter any of the terms o f this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve any issue or contention by either party which is contrary to any provision o f this Agreement or which involves the determination o f a subject matter not covered by or arising dur­ ing the term of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that 14.9 The findings and decisions o f the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances Arbitrator on all arbitrable questions shall be processed as follows: - Between binding and enforceable on all parties. 14.10 It is the employee concerned, his Union representative and intention o f the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within parties that this period Article shall pro­ vide a peaceful method of time it adjusting grievances so that there shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days no suspension or interruption of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the normal operations as a result o f any grievance. The disposition parties shall be act in writing and returned good faith in proceeding to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled adjust grievances in accordance with the above procedure and provisions o f this Article. 14.11 The expense o f arbitrators shall be borne equally by the disposition of such grievances, if sustained, shall include par­ ties to the determination arbitration. 14.12 The Executive Board of the effective date of Local Union shall have the increase with retro-activity thereto. 15.05 The Employer and final authority, in respect to any aggrieved Meat Department employee covered by this Agreement, to decline to process a grievance, com­ plaint, difficulty or dispute; if in the judgment o f the Executive Board such grievance or dispute lacks merit or lacks justification under this Agreement to the satisfaction o f the Union may file grievances commencing at STEP THREEExecutive Board. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. The grievance/arbitration procedure provides the Employermeans by which disputes or problems between the parties which arise concerning the application, the Union meaning or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement or concerning the interpretation, application or alleged violation of this Agreementare to be resolved. 15.02 Any STEP 1. The employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied withAssociation on the employee's behalf shall present his/her grievance in writing on the "Official Grievance Form" or facsimile, shall have to his/her immediate supervisor within the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Companyappropriate time limit. The grievance must be filed within eighteen (18) working days after the event giving rise to statement shall include: a. The date the grievance occurs and within this period occurred; b. A description of time it shall the problem; c. The contract provision alleged to be discussed at this Stepviolated; and d. The remedy sought. The Manager shall give an oral decision within four (4) working days from At the date the discussion took place. If the Union wishes to appeal to the next Stepemployee’s request, the supervisor shall schedule a mutually convenient time to discuss the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union grievant and/or his/her representative, the Department Managereither in person or by telephone, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from of filing the date grievance, unless such discussion is mutually waived. The supervisor shall investigate the grievance and respond in writing within ten (10) days of the meetinggrievance discussion or receipt of the grievance if discussion was waived. 15.03 In STEP 2. If the case of a dismissalSTEP 1 response is unsatisfactory, a the Association may advance the written grievance may be filed by an employee who feels he was unjustly dealt withand the STEP 1 response to the Manager at STEP 2. Such The grievance must be filed submitted within five ten (510) working days from of either the receipt of the response at STEP 1, or the date of dismissal and shall commence at the response was due, whichever occurs first. STEP TWO3. In any subsequent disposal of this case during If the grievance procedureSTEP 2 response is unsatisfactory, the Employer Association may re-instate advance the employee with full back paywritten grievance, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance unchanged, along with the above procedure and the disposition of such grievancesresponse, if sustainedany, from STEP 1 and STEP 2 shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to the Superintendent/Assistant Administrator or his/her designee, except for Xxxxxxxxx Cottage which shall be submitted to the Senior Human Resource Manager of the program. The grievance must be submitted within ten (10) days of either the receipt of the response at STEP 2, or the date the response was due, whichever occurs first. STEP 4. If the STEP 3 response is unsatisfactory, the Association may advance the written grievance, along with the responses, if any, from STEP 1, STEP 2, and STEP 3 shall be submitted to the Department of Administrative Services, Labor Relations Unit within ten (10) days of either the receipt of the response at STEP 3, or the date the response was due, whichever occurs first. Arbitration. If the grievance is not satisfactorily resolved by the Labor Relations Unit, as hereinafter provided;the Association, on behalf of the grievant, may advise the Labor Relations Unit within ten (10) days of either receipt of the Division's response, or the date the response was due, whichever occurs first, that it wishes to arbitrate the grievance. (b) The time Section 3. Time limits as prescribed above may specified in this procedure must be modified observed unless extended by mutual agreement of the partiesparties in writing. If at any step of the grievance procedure the Employer fails to issue a response within the time limits set forth in this Article, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Association. If the employee or Association fails to meet the time limits specified herein, the grievance will be considered withdrawn and it cannot be resubmitted. Section 4. At STEP 1, the parties understand that the grievant will explain the grievance and indicate the contract provision(s) violated to the best of his/her understanding. Beginning at STEP 1, the parties agree that the description of the problem will be complete and that the contract provision(s) alleged to be violated will be specifically identified. Section 5. The parties agree to use the "Official Grievance Form" or facsimile for the processing of grievances and that beginning at STEP 2, it shall be complete with all information required on the form at that Step. The Official Grievance Form can be obtained by going to ONA’s website at xxx.xxxxxxxx.xxx or call ONA’s office at (000) 000-0000.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 16.1 Any dispute relating to the Employer, interpretation of or adherence to the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the terms and provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such be handled as follows: 16.2 All grievances shall be processed as follows: - Between in writing, shall specify in detail the employee concerned, his Union representative alleged violation of the contract and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four received by the Hospital no later than twenty (420) working calendar days from following the date the discussion took place. If the Union wishes of occurrence. 16.3 Grievances relating to appeal to the next Step, the grievance wages shall be reduced to writing and timely if received by the appeal shall be filed with Hospital no later than twenty (20) calendar days following the Store Manger within six (6) working days from date of receipt of the Store Manager's oral decision. Between check by the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this employee. 16.4 Step shall be held within 1 - Within seven (7) working calendar days following receipt of the date grievance by the Hospital, representatives of the appealHospital and the Union shall meet and attempt to resolve the grievance. The decision of time for said meeting may be extended by mutual agreement. 16.5 Step 2 - If the Employer at this grievance is not resolved in Step l, either party may refer the matter to arbitration. Any demand for arbitration shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary received by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven ten (710) calendar days from following the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 Step 1 meeting The Employer Hospital and the Union may file grievances commencing at STEP THREE. shall attempt to agree on a neutral arbitrator, who shall hear and determine the dispute. If no agreement is reached, the arbitrator shall be selected from a list of nine (a9) Failing settlement under the foregoing procedure, such grievance may neutral arbitrators to be submitted to Arbitrationthe parties by the Director of the Federal Mediation and Conciliation Service or, as hereinafter provided;if the parties agree, the American Arbitration Association. 16.6 The authority of the arbitrator shall be limited to making an award relating to the interpretation of or adherence to the written provisions of this Agreement, and the arbitrator shall have no authority to add to, subtract from or modify in any manner the terms and provisions of this Agreement. The award of the arbitrator shall be confined to the issues raised in the written grievance, and the arbitrator shall have no power to decide any other issues. 16.7 The award of the arbitrator shall be made within thirty (b30) calendar days following the close of the hearing. The fees and expenses of the neutral arbitrator shall be divided equally between the Hospital and the Union. 16.8 The time limits as prescribed above limitations set forth herein relating to the time for filing a grievance and the demand for arbitration shall be mandatory. Failure to follow said time limitations shall result in the grievance being permanently barred, waived and forfeited and shall not be submitted to arbitration. The time limitations provided herein may be modified extended by mutual written agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative xxxxxxx or alternate xxxxxxx and the CompanyManager. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date of the discussion took place. If the Union union wishes to appeal to the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manger Manager within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representativerepresentatives, the Department Manager, and/or the owner, Xxxxxxx Foods Inc. or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer or the Union. Xxxxxxx Foods Inc. or its representative shall advise the Employer with respect to any matter in issue and the CompanyEmployer shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievancesgrievance, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREETWO. If an Arbitrator finds that the Employer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer, the Union or any employee affected by the violation. 15.06 Any liability, financial or otherwise, of the Employer arising out of a violation of this Agreement shall be the sole and exclusive liability of the Employer. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 22.01 It is the Employer, mutual desire of the Union or any parties herein that complaints of employees be adjusted as quickly as possible and it is understood that an employee has no grievance unless a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he complaint has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise referred to the grievance occurs and within this period of time it employee’s immediate Supervisor. Any complaint shall be discussed at this Stepwith the Supervisor concerned within five (5) workdays after the circumstances occurred, originated or become known. The Manager Supervisor shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed complaint within five (5) working workdays. If the employee believes that complaint has not been satisfactorily adjusted, she may proceed to the grievance procedure. The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances. 22.02 The reference to days from excludes Saturday’s Sunday’s and public holidays. 22.03 The Employer or the date Union shall not be required to consider or process any grievance which arises out of dismissal and any action or condition more than five (5) days, after the complaint procedure as outlined in 22.01. If the action or condition is of a continuing or recurring nature, the limitation period shall commence not begin to run until the action or condition has ceased. 22.04 A “group grievance” is defined as a single grievance, signed by a xxxxxxx or a CLAC Representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with at STEP TWO. In any subsequent disposal successive stages of this case during the grievance procedure, commencing with Step 1. The grievors shall be listed on the Employer may re-instate grievance form. Should such a grievance be referred to arbitration, the employee with full back pay, suspend the employee for matter shall be adjudicated as a definite period or sustain the discharge“group grievance”. 15.04 Grievances concerning rates shall be handled in accordance with 22.05 A “policy grievance” is defined as a grievance that involves a question relating to the above procedure and the disposition interpretation, application, or administration of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such this Agreement. A policy grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement either party at Step 2 of the partiesgrievance procedure. A policy grievance submitted by the Union shall be signed by a CLAC Representative and submitted to the Employer. A policy grievance submitted by the Employer shall be signed by the Employer or his representative. 22.06 Step 1 22.01. The supervisor will deal with the grievance not later than the fifth (5th) day following the day on which the grievance is submitted, and will notify the grievor and the Union Representative of his decision in writing not later than the fifth (5th) day following the receipt of the grievance.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either [a] A grievance is defined for the Employerpurposes of this Article as an expressed difference or dispute between an employee and the Publisher, or the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning and the Publisher regarding the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing . It is the mutual desire of the parties hereto that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands be adjusted and settled as quickly as possible without stoppage of the Union for review and adjustment by the Employer, if necessarywork. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen Within ten (1810) working days after of the event occurrence or of the date that the employee could have reasonably known of the occurrence or the origination of the circumstances giving rise to the grievance occurs and grievance, the employee shall take the matter to the immediate supervisor in the department concerned in order to achieve a mutually satisfactory resolution. Such employee may ask a union representative to accompany him/her when taking the matter to the immediate supervisor, in which case the immediate supervisor may have another member of management attend the meeting. If a satisfactory resolution is not reached within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four two (42) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepor within such longer period which may be mutually agreed upon, the grievance shall be reduced to writing taken up in the following manner and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting sequence provided it is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed presented within five (5) working days from of the date immediate supervisor's reply to the employee. STEP 1 The Union Representative shall make a written presentation to the immediate supervisor setting forth the name[s] of dismissal the grievor[s], the date[s] of incident[s] occurred, the nature of the grievance, the Article[s] of the collective agreement alleged to have been violated and the relief sought. A meeting shall commence at be held between the parties within five (5) days of receipt of the written presentation to discuss the grievance. The Publisher shall give the Union Representative a decision in writing within two (2) work days following the meeting. STEP TWO2 Failing settlement of the grievance, the Union shall, within five (5) working days of receiving the reply of the Publisher refer the matter in writing to Step 2 of the grievance procedure. In any subsequent disposal At Step 2 of this case during the grievance procedure, a meeting shall take place between the Local Union Representative and the Employer may re-instate Representative. The Employer shall reply in writing within ten days of the employee with full back pay, suspend the employee for a definite period or sustain the dischargemeeting. 15.04 Grievances concerning rates STEP 3 Should Step 2 of the grievance procedure fail to resolve the grievance the grievance may be referred to a meeting between the Publisher and the National Union Representative. Such meeting shall be handled set up within five (5) days of the referral and such meeting shall occur at the earliest possible date, but no later than twenty-one (21) days, after the referral [such time may be extended by mutual agreement]. If the grievance cannot be settled at this meeting the Union may then refer the grievance to arbitration, in accordance with the above procedure terms and conditions of the disposition Labour Relations Act of Ontario, within a further thirty (30) calendar days of completion of the steps outlined in this Article. The results of such grievancesarbitration shall be final and binding on both parties. In any grievance, if sustainedthe parties may by mutual written consent omit the referral to Step 2 or the meeting with the National Representative and refer the matter directly to arbitration. [b] The parties agree, in the interest of cost-containment, that a single arbitrator constitutes a Board of Arbitration. Unless mutually agreed otherwise, the parties will use a single arbitrator when it becomes necessary to resolve a grievance through arbitration. The parties shall include each share equally the determination cost of the effective date services of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedurearbitrator, such grievance may who shall be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by chosen on mutual agreement of the parties. The decision of the arbitrator shall be final and binding on the Union and the Publisher. [c] The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify or amend any part of this Agreement. [d] Time limits set out in this Article are mandatory. Failure to comply with the time limits set out in this Article shall result in the grievance being deemed to be withdrawn and abandoned. Any grievance shall be deemed to have been withdrawn and abandoned if the grievance is not advanced through the grievance procedure in accordance with the time limits outlined in this Article. Time limits shall be extended only by mutual consent of the parties in writing. [e] Employees shall have the right to have a shop xxxxxxx present at any disciplinary meeting in which the employee is to be given a verbal or written warning or a notice of suspension or letter of discharge. A copy of any written warning or notice of suspension or letter of discharge, shall be given to the Employee and the Union. A written warning or notice of suspension or letter of discharge shall include the reason[s] for such discipline and shall be issued within five (5) days of the warning or suspension or discharge. Notwithstanding the above, an employee may request the presence of a Union Representative at any meeting with management. [f] It is agreed that the Company will not discipline or discharge any employee except for just cause. Step 1 of the Grievance Procedure may be omitted on mutual agreement in the case of discharge for just cause. [g] A policy grievance shall proceed directly to Step 2 of the grievance procedure. A grievance by management shall be advanced in accordance with Article 9 [a - e] above, but shall proceed directly to Step 2 of the grievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 6.01 In the Employerevent of any complaint by an employee covered by this agreement that he/she had been dealt with contrary to its terms, he/she may take the Union or any employee has a right to lodge matter up as a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have employer within and not been complied with, shall have the right to place such grievances in the hands after three (3) days of the Union for review and adjustment by incident excluding weekends or holidays, or the Employer, if necessary. Such grievances shall be processed as follows: - Between time at which the employee concerned, his Union representative and could reasonably have been expected to become aware of the Company. The grievance must be filed within eighteen (18) working days after the event incident giving rise to the grievance occurs and within this period of time it grievance. (a) The aggrieved employee shall be discussed first take up the matter verbally with his immediate Supervisor who shall render a verbal decision immediately, unless other reference is required, but at this Stepleast by the employee's next shift. The Manager aggrieved employee may request the presence of his/her xxxxxxx if the company has more than one person present. Step (b): If the matter is not settled, the matter shall give an oral decision within four and not after three (43) working days from the date a decision was given in step (a) present in writing on Union forms made out in triplicate, with the discussion took place. If original for the Company, 2 copies for the Union wishes to appeal to and a copy for the next Step, employee. A subsequent meeting with the grievance shall be reduced to writing Plant Manager or his/her delegate and the appeal shall Human Resources Director or his/her delegate and the Union (Committee Chairperson, Committee Vice-Chairperson, Committee Secretary and Xxxxxxx) will be filed with held. The grievor, Supervisor and Leadhand (if involved in the Store Manger mater) may attend the meeting for the presentation of the facts then the grievor and Leadhand will withdraw. A decision will be made within six seventy-two (672) working days from hours, excluding weekends and holidays. Policy grievances, including cases of discharge, may be presented at this stage by either the Store Manager's oral decision. Between Company or the employee concernedUnion. (c) In the event a settlement is not achieved at Step (b), the Union representative, the Department Managershall within, and the Company. The discussion at this Step shall be held within seven not after three (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (53) working days from the date a decision was given at Step (b), inform the Company the problem will be taken up with the Corporate 6.02 If a satisfactory settlement of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureis not then reached within and not after fourteen (14) working days from the date a decision was given at Step (c), the Employer Union will inform the Company in writing that the matter may re-instate the employee be dealt with full back pay, suspend the employee for a definite period or sustain the dischargeby Arbitration as hereinafter provided. 15.04 Grievances concerning rates shall be handled 6.03 The time limits contained in accordance with the above procedure this Article are compulsory and the disposition of such grievancesbinding on both parties unless waived, if sustainedin advance, shall include the determination of the effective date of the increase with retro-activity theretoby mutual agreement. 15.05 The Employer 6.04 In the event that grievances or disputes cannot be satisfactorily settled by the methods outlined above, or in the case of direct difference between the Company and the Union may file grievances commencing at STEP THREEwhich cannot be settled by direct negotiations and not withstanding any statutory provision, the matter shall be referred to a single arbitrator, such single arbitrator will be mutually chosen by the Union and the Company, provided that, in the event of failure of the Company and the Union to agree upon an arbitrator, the assistance of the Minister of Labour shall be requested. It is agreed that not more than ten (10) days shall elapse between the time that one of the parties hereto requests arbitration and the appointment of the arbitrator. No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. (a) Failing settlement under 6.05 It is agreed that the foregoing procedureparties hereto will endeavour to see that the Board of Arbitration shall commence the hearing of the grievance as quickly as possible after his/her appointment. It is understood, such grievance however, that no matter may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement arbitration which has not been properly carried through the required steps of the partiesgrievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.01 Every effort will be made to settle disputes during the Employer, early stage of the Grievance Procedure. It is understood that a reasonable amount of time may be spent by the members of the Union or any employee has Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committees will co- operate with the Company in not conducting investigations in a right manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to lodge a grievance with respect investigate and settle grievances. 8.02 Subject to any matter arising out the terms of this Agreement or agreement, any difference concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 violation, may be grieved. Any employee believing that he has unjustly discharged or disciplined, or who feels they have been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall· be followed. Step 1: The grievance shall be processed as follows: - Between in writing, copy of which shall be given to the employee concerned, his Union representative Location Manager and to the Companyemployees' Xxxxxxx. The grievance must be filed within eighteen (18) working days after presented to· the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Location Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days after the occurrence of the matter complained of; and the Location Manager shall answer the grievance in writing, within five (5) working days after he has received it. The grievance must be in a legible form and signed by the employee. Step 2: If the matter has not been settled, the Union Xxxxxxx of the employee involved may, within five (5) working days after receiving the written answer from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during Location Manager, present the grievance procedurein writing to the Area General Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. If the Employer may re-instate matter is not settled the employee with full back payLocal Chairperson and/or his representative may, suspend within five (5) working days after receiving a written decision of the employee for a definite period Area General Manager or sustain his nominee present the discharge. 15.04 Grievances concerning rates grievance to the. Director of Labour Relations or Nominee. Following the presentation of the grievance at this Step there shall be handled in accordance with the above procedure arranged a meeting between Management and the disposition Grievance Committee consisting of such grievancestwo (2) members only) which meeting will take place in five (5) working days after the grievance has been presented. The National Representative, if sustained, Local President or their nominee may attend. A written response shall include the determination of the effective date of the increase with retro-activity theretobe given by Management within five (5) days. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer5.01 (a) No permanent employee shall be discharged or disciplined without good and sufficient cause: (i) The Company agrees that whenever an interview is held with an employee that becomes part of his/her record regarding work or conduct, the Xxxxxxx will be present as a witness. The employee may request that the Xxxxxxx leave the meeting. (ii) In the event the Xxxxxxx is not present, the condition will be brought to the attention of the employee. The meeting that becomes part of the employee's record will be postponed until the Xxxxxxx is available. (iii) If the meeting is held without the Xxxxxxx, any conclusion, verbal or written, will be null and void except when the employee requests the xxxxxxx to leave. (iv) In the event a Xxxxxxx has not been designated by the Union or any for the area as provided in clause 6.01, then the meeting between the employee and the Company representative shall be postponed until a Union Xxxxxxx is available, unless the situation is of an urgent nature in which the employee has a right to lodge a be removed from the Plant. (i) The Company agrees that upon written request to the Human Resources Manager, an employee or the Union at Step 2 may view all documents pertaining to unsatisfactory conduct or work performance contained in the central personnel file when deemed necessary. (ii) Written warning notices on an employee's record are to be withdrawn after one (1) year, provided there is no further written warning notices given during the above-mentioned one (1) year period. 5.02 The grievance with respect procedure is designed to any matter arising out adjust complaints and grievances in an orderly manner and as quickly as possible. Any dispute or difference of this Agreement or opinion concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions a specific provision of this Agreement have not been complied withshall constitute a grievance. 5.03 For a grievance to be considered and processed under this Article, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance it must be filed presented, in writing, within eighteen seven (187) working calendar days after the event giving rise alleged incident occurred. 5.04 Step 1 Step 2 (a) The aggrieved employee may present his/her written grievance to the grievance occurs and within this period of time it shall Plant Manager. A meeting will be discussed at this Step. The Manager shall give an oral decision within four (4) working days from held with management representatives, the date grievor, Xxxxxxx and/or Chief Xxxxxxx and/or the discussion took placeBusiness Representative. If the Union wishes Company does not arrange to appeal to the next Stephold a meeting within 5 working days following request for such meeting, the grievance shall be reduced dealt with at the following step should either party so desire, except that the five day period may be extended to writing and ten days should the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Company or Union representative, the Department Manager, and the Companyso request. The discussion at this Step Plant Manager or his/her designate shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be give a reply, in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appealwriting, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed current Union Representative within five (5) working days from of the date of dismissal and shall commence at STEP TWOStep 2 meeting. In any subsequent disposal of this case during If a settlement satisfactory to the grievance procedureemployee concerned is not reached within five (5) working days thereafter, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted referred to a Board of Arbitration, as hereinafter provided in Step 3; any time within forty-five (45) working days thereafter. If the grievance is not taken to arbitration as herein provided; (b) , the grievance shall be deemed to have been settled at the conclusion of Step 2, with the decision of the Plant Manager or his/her designate being final and binding on the Union, the Company and the grievor. The time limits as prescribed above in Steps 1 and 2 may be modified by mutual agreement agreement, in writing of the partiesCompany and the Union. (b) The Company and the Union agree that either party has the right to file a policy grievance that may begin at Step 2.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 22.1 Should any dispute arise between the EmployerEmployer and the Union, the Union an xxxxxxx effort shall be made by both Parties hereto to settle, immediately and without delay, any such dispute. 22.2 A grievance shall be any dispute or any employee has a right to lodge a grievance with respect to any matter difference arising out of this Agreement or concerning the application, administration, interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Collective Agreement. 22.3 Matters to be dealt with under the provisions of this article may be discussed during working hours. 22.4 For the purpose of Article 22 the term "working day" means any of the days in the interval from Monday to Friday not designated as a paid holiday pursuant to Article 11. 22.5 Time limits as established may be extended by mutual agreement between the Employer and the Union. One or more stages of the following grievance procedures may be bypassed by mutual agreement between the Employer and the Union. 22.6 Where a group of employees who have been treated in the same manner all allege a violation of the provisions of the Collective Agreement have not been complied withor dispute the application, interpretation or administration of the Collective Agreement, the Union shall have the right to place present a group grievance instead of individual employee grievances. 22.7 Where either party to this Collective Agreement disputes the general application, interpretation or an alleged violation of this Collective Agreement, either party may initiate a policy grievance. Such grievances initiated by the Union shall be made to the Director of Human Resources or his/her designee and such grievances in initiated by the hands Employer shall be made to the Business Manager of the Union for review and adjustment by the Employer, if necessaryor his/her designee. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next StepIn either case, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger made within six fifteen (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (715) working days of the date either party became aware of the appeal. act giving rise to the grievance. 22.8 The decision grievant shall have the right to have his/her shop xxxxxxx or representative present at any of the Employer at this Step shall be in writing and be made within four (4) working days stages of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meetingprocedures. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative Representative and the CompanyManager. The grievance must be filed within eighteen (18) working calendar days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working calendar days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manger Manager within six (6) working calendar days from the Store ManagerManger's oral decision. Between the Employer, the employee concerned, the a full-time Union representativeRepresentative, along with a Union Xxxxxxx, the Department ManagerXxxxxxx Pharmacy Manager and/or a designated Representative shall participate in the discussions at this Step, and the Company. The discussion discussions at this Step shall be held within seven (7) working calendar days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working calendar days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working calendar days from the date of dismissal and shall commence at STEP TWOStep Two. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate reinstate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievancesgrievance, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREEStep Two. If an Arbitrator finds that the Employer or the Union has violated the Collective Agreement it shall have the power to award compensation to the Employer, the Union or any employee affected by the violation. 15.06 Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be the sole and exclusive liability of such Employer and other Employers shall not be jointly or severally liable for such violations. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, Arbitration as hereinafter provided;: (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 20.01 A "grievance" is defined as any question or controversy between an employee or the Employer, UNION (brought at Step 2) with the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning EMPLOYER involving the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt compliance with or that non-compliance with the provisions of this Agreement AGREEMENT, provided, however: 20.02 All employees should make every effort to settle differences and disputes without filing a grievance. In the event that an agreement cannot be reached, the following steps must be taken with respect to any grievance. STEP 1 The aggrieved employee shall present his/her grievance in writing by fully completing the Step 1 Grievance Report Form (Level l) to the employee's immediate supervisor or his/her designee (with a copy to Human Resources), who shall answer the grievance within seven (7) work days after receipt. This written presentation of the grievance to the immediate supervisor must take place within seven (7) work days after the employee has knowledge of the facts which gave rise to the grievance or with reasonable diligence should have knowledge of such facts. In no event, however J may a grievance be initiated more than thirty (30) days following the date of the occurrence from which the grievance arose. If the employee does not been complied withrefer his/her grievance to the second step of the procedure within seven (7) work days after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved. If the grievance is processed as a class/group grievance, it shall move directly to Step 2. STEP 2 The grievance shall be referred in writing by fully completing the Step 2 Grievance Report Form (Level II) to the SUPERINTENDENT'S designee or his/her designee, who will investigate the grievance with the immediate supervisor. The SUPERINTENDENT'S designee shall reply within seven (7) workdays. If the employee is not satisfied with the written answer of the SUPERINTENDENT'S designee, the employee may refer his/her grievance to the third step of the grievance procedure. If the grievance is not referred to the third step within seven (7) workdays of receipt of reply from the SUPERINTENDENT'S designee, it shall be considered to be satisfactorily resolved. STEP 3 The grievance shall be submitted in writing by fully completing the Step 3 Grievance Report Form (Level III) to the SUPERINTENDENT'S Designee, who shall investigate the grievance. As part of such investigation, the SUPERINTENDENT or his/her designee(s) shall meet with the aggrieved employee and his/her representative and others having knowledge of the matter within ten (10) working days of receipt of the grievance at this step. Within ten (10) workdays after the investigation meeting is held, the SUPERINTENDENT or his/her designee's answer to the grievance shall be issued to the aggrieved employee, the UNION and all other affected individuals. The aggrieved employee shall have the right to place such grievances in the hands be represented by a representative of the Union for review and adjustment by UNION, upon request, at any step of the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The foregoing grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placeprocedure. If an employee does not receive an answer to his/her grievance within the Union wishes to appeal to the next Steptime limits contained in Steps 1, 2 or 3, the grievance shall be reduced considered denied and may be advanced to the next step, whichever is appropriate. Either party may request Grievance Mediation through FMCS prior to Arbitration. Mediation must be requested in writing within ten (10) workdays after an answer is received or should have been received under Step 3. A. Arbitration must be requested in writing by the UNION within ten (10) work days after the written answer is given or should have been given by the SUPERINTENDENT under Step 3 of the grievance procedure or the completion of mediation under Step 4. B. Notification of the intent of the UNION to appeal a grievance to arbitration must be submitted in writing to the SUPERINTENDENT within ten (10) work days after the written answer was given or should have been given by the SUPERINTENDENT under Step 3 of the grievance procedure, or the completion of mediation under Step 4. Upon receipt of such notification, the SUPERINTENDENT will request the Federal Mediation and Conciliation Service to provide the parties with a panel of arbitrators from which the parties can select an arbitrator in accordance with the rules of the FMCS. C. The EMPLOYER and the appeal UNION shall equally share the fees and expenses of the arbitrator and any expenses incidental to the arbitration proceeding. Each, however, shall be filed with responsible for the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, fees and the Company. The discussion at this Step shall be held within seven (7) working days expenses of the date of the appeal. its representative(s). D. The decision of the Employer at this Step arbitrator shall be final and binding upon the EMPLOYER, the UNION, and any employee involved in writing and be made within four (4) working days of the date of matter. E. The arbitrator shall not have the meetingpower to add to, subtract from, or modify this AGREEMENT. Should the Union wish to appealOnly grievances, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance as defined herein, shall be forwarded subject to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meetingarbitration. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either [a] A grievance is defined for the Employerpurposes of this Article as an expressed difference or dispute between an employee and the Publisher, or the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning and the Publisher regarding the interpretation, application application, administration or alleged violation of this Agreement. It is the mutual desire of the parties hereto that such grievances be adjusted and settled as quickly as possible without stoppage of work. Within fifteen (15) working days of the occurrence or of the date that the employee could have reasonably known of the occurrence or the origination of the circumstances giving rise to the grievance, the employee shall take the matter to the immediate supervisor in the department concerned in order to achieve a mutually satisfactory resolution. Such employee may ask a union representative to accompany him/her when taking the matter to the immediate supervisor, in which case the immediate supervisor may have another member of management attend the meeting. If a satisfactory resolution is not reached within two (2) working days or within such longer period which may be mutually agreed upon, the grievance shall be taken up in the following manner and sequence provided it is presented within ten (10) working days of the immediate supervisor's reply to the employee. 15.02 Any employee believing STEP 1 The Union Representative shall make a written presentation to the immediate supervisor setting forth the name[s] of the grievor[s], the date[s] of incident[s] occurred, the nature of the grievance, the Article[s] of the collective agreement alleged to have been violated and the relief sought. A meeting shall be held between the parties within ten (10) days of receipt of the written presentation to discuss the grievance. The immediate Supervisor shall give the Union Representative a decision in writing within two (2) work days following the meeting. STEP 2 Failing settlement of the grievance, the Union shall, within ten (10) working days of receiving the reply of the immediate Supervisor refer the matter in writing to Step 2 of the grievance procedure. At Step 2 of the grievance procedure, a meeting shall take place between the Local Union Representative and the Employer Representative. The Employer shall reply in writing within ten days of the meeting. STEP 3 Should Step 2 of the grievance procedure fail to resolve the grievance the grievance may be referred to a meeting between the Publisher and the National Union Representative. Such meeting shall be set up within fifteen (15) working days of the referral and such meeting shall occur at the earliest possible date, but no later than twenty-one (21) days, after the referral [such time may be extended by mutual agreement]. If the grievance cannot be settled at this meeting the Union may then refer the grievance to arbitration, in accordance with the terms and conditions of the Labour Relations Act of Ontario, within a further thirty (30) calendar days of completion of the steps outlined in this Article. The results of such arbitration shall be final and binding on both parties. In any grievance, the parties may by mutual written consent omit the referral to Step 2 or the meeting with the National Representative and refer the matter directly to arbitration. [b] The parties agree, in the interest of cost-containment, that he has been unjustly dealt a single arbitrator constitutes a Board of Arbitration. Unless mutually agreed otherwise, the parties will use a single arbitrator when it becomes necessary to resolve a grievance through arbitration. The parties shall each share equally the cost of the services of the arbitrator, who shall be chosen on mutual agreement of the parties. The decision of the arbitrator shall be final and binding on the Union and the Publisher. [c] The Arbitrator shall not be authorized to make any decision inconsistent with or that the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify or amend any part of this Agreement. [d] Time limits set out in this Article are mandatory. Failure to comply with the time limits set out in this Article shall result in the grievance being deemed to be withdrawn and abandoned. Any grievance shall be deemed to have been withdrawn and abandoned if the grievance is not been complied with, advanced through the grievance procedure in accordance with the time limits outlined in this Article. Time limits shall be extended only by mutual consent of the parties in writing. [e] Employees shall have the right to place such grievances have a shop xxxxxxx present at any disciplinary meeting in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between which the employee concerned, his Union representative and the Company. The grievance must is to be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such given a verbal or written warning or a notice of appeal must be in writing to the Company/operator within one (1) week suspension or letter of the decision discharge. A copy of the Company at STEP TWO. The grievance shall be forwarded to the Employerany written warning or notice of suspension or letter of discharge, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from Employee and the date Union. A written warning or notice of suspension or letter of discharge shall include the meeting. 15.03 In the case of a dismissal, a grievance may reason[s] for such discipline and shall be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed issued within five (5) working days of the warning or suspension or discharge. Copies of formal discipline shall be removed from the employee's personnel file after 18 months from date of dismissal and issue, provided that there has been no discipline of a similar nature issued during the 18 month period. Notwithstanding the above, an employee may request the presence of a Union Representative at any meeting with management. [f] It is agreed that the Company will not discipline or discharge any employee except for just cause. Step 1 of the Grievance Procedure may be omitted on mutual agreement in the case of discharge for just cause. [g] A policy grievance shall commence at STEP TWO. In any subsequent disposal proceed directly to Step 2 of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates . A grievance by management shall be handled advanced in accordance with the above procedure and the disposition of such grievancesArticle 9 [a - e] above, if sustained, but shall include the determination proceed directly to Step 2 of the effective date of the increase with retro-activity theretogrievance procedure. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either a) A grievance shall be defined as a dispute as to the Employer, the Union meaning or any employee has application of a right to lodge a grievance with respect to any matter arising out specific provision of this Agreement or concerning the interpretation, application or alleged violation interpretation of this Agreement. 15.02 Any . An employee believing that he wishing to file a grievance shall, within five working days of when he/she reasonably should have had knowledge of the grievance, present it to his/her supervisor. The Xxxxxxx has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances be present when the grievance is presented. The supervisor must give an answer within five working days of this meeting. b) In case of failure to agree in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next StepStep One procedure defined above, the grievance shall must be reduced to writing and delivered by the appeal shall be filed with Union to the Store Manger General Manager within six (6) five working days from of the Store supervisor's answer. The grievance shall include the specific provisions of the contract alleged to have been violated and the general facts to support the allegation. The General Manager's oral decision, or his designee, shall arrange to discuss the grievance with a representative of the Union as soon as possible. Between Within seven working days of the employee concernedabove Step Two meeting, the General Manager, or his designee, shall advise the Union, in writing, whether the grievance is granted or denied. c) If no resolution is reached at Step Two, the Union representativemay appeal the grievance to arbitration by notifying the District in writing within ten working days following the receipt of the answer in Step Two. d) The party referring the grievance to arbitration must, within thirty (30) days of the Department Managerreceipt of the answer from Step Two, and the Company. The discussion at this Step shall be held within request a panel of seven (7) working days arbitrators, who shall be members of the date National Academy of Arbitrators, from the Federal Mediation and Conciliation Service. A representative of the appeal. The decision of Union and the Employer at this Step General Manager shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party meet within seven (7) days from the date receipt of the meetingpanel and strike the panel of arbitrators with each side striking a maximum of three arbitrators each in alternative order. A coin flip shall decide who shall first strike a name. The lone remaining arbitrator will be the impartial arbitrator. 15.03 In e) The decision of the case arbitrator shall be final and binding on both parties. f) The arbitrator shall not have authority to add to, subtract from or modify any provisions of this Agreement, or to rule on any question except the one(s) submitted for arbitration. g) Both parties shall equally share the expenses of the arbitration, including the arbitrator's fees and expenses and the cost of transcript provided both parties request copies. If either party elects not to have a dismissalcopy of the transcript, a grievance may then it will not be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from responsible for any costs associated with the date of dismissal transcript and shall commence at STEP TWOnot receive a copy nor have access to the transcript. h) There shall be no arbitrations on multiple grievances. Each grievance going to arbitration shall be heard by a separate arbitrator unless mutually agreed to by both parties. i) In any subsequent disposal grievances involving discharge or suspensions, the parties agree to skip the first step of this case during the grievance procedureprocedure and begin at Step Two. j) When initially presenting the grievance to the supervisor in Step One, the Employer may re-instate employee will make a reasonable effort to present the employee grievance in a manner so as not to interfere with full back pay, suspend the employee for a definite period or sustain the dischargework. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. If any differences, disputes, or complaints arise over the interpretation or application of the contents of this Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employer, shall make the Union or any employee has a right immediate effort in an amicable manner to lodge a grievance with respect to any matter arising out of this Agreement or concerning settle the interpretation, application or alleged violation of this Agreementissue. 15.02 Any employee believing that he has been unjustly dealt with or that (2) If the provisions issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of this Agreement have the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot been complied withbe resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to place such grievances in submit the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Companyissue to arbitration. The grievance must be filed within eighteen (18) working days after party requesting the event giving rise to arbitration shall request the grievance occurs Federal Mediation and within this period Conciliation Service submit a panel of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the date list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of dismissal the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall commence at STEP TWO. In any subsequent disposal be no strikes or lock-outs during the life of this case during Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance procedures set forth above with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE.following exceptions: (a) Failing settlement Where a party refuses to process a dispute under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided;terms of this Article. (b) The time limits as prescribed above may be modified Where a party refuses to abide by mutual agreement an award or decision of the partiesarbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 4.1 A grievance is a claim or dispute based upon the Employer, the Union interpretation or application of any employee has a right to lodge a grievance with respect to any matter arising out provision of this Agreement agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt amendments hereto executed in accordance with or that the provisions of this Agreement have not been complied withArticle 30, shall have the right to place such grievances in the hands (Stability of the Union for review and adjustment by the Employer, if necessary. Such grievances Agreement) Section 4.2 A grievance shall be processed as follows: - Between in the employee concerned, his Union representative and the Companyfollowing manner: Step 1. The grievance must be filed within eighteen (18) working days after Union Stewards and/or representatives, not to exceed two, with or without the event giving rise to aggrieved member, or the member themselves, shall take up the grievance occurs and within this period orally with the member’s immediate supervisor, (the Shift Commanders, or in the case of time it shall Deputy Chiefs, Step 1 will be discussed with the Chief). Both parties agree that every possible effort will be made to settle grievances at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placestep. Step 2. If the Union wishes to appeal to the next Stepgrievance is not resolved at Step 1., the grievance it shall be reduced to writing and presented to the appeal Fire Chief or Acting Chief of the Fire Department within fourteen (14) calendar days after the occurrence of the incident on which the grievance is based or when the member first knew or should have known of the incident upon which the grievance is based. The Chief or Acting Chief may hold any hearings he feels are necessary and shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, respond to the Union representative, the Department Manager, Stewards and/or representatives and the Company. The discussion at this Step shall be held aggrieved party in writing within seven (7) working calendar days of after presentation. Step 3. If the date of grievance still remains unresolved, the appeal. The decision of member or their designated representative may appeal the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be grievance in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party Town Manager or his designee within seven (7) calendar days from after the response of the Chief or Acting Chief of the department is due setting forth in detail the specific reasons for the appeal and the specific section of the contract which remained unresolved or in violation. The Town Manager or his designee shall respond in writing within seven (7) calendar days. If the Town Manager or his designee is absent for any reason within the said seven (7) calendar days, or any part thereof, then the time for response shall be extended for a period of seven (7) calendar days beyond the period of absence. If no response is forthcoming within the period of time specified, then the Union may proceed forthwith to Step 4. Step 4. If the grievance remains unresolved, the Union, and only the Union, shall, within fifteen (15) calendar days, after the Step 3 answer or date on which said answer is due, have the right to submit the matter to arbitration. Submission to arbitration shall be accomplished by mailing the grievance, postage prepaid, to the Town Manager demanding arbitration. Section 4.3 Notwithstanding any contrary provision of this Agreement, the following matters shall not be subject to the arbitration provisions of this Agreement: a. Any matter of policy or management rights reserved to the Town by this Agreement. b. Any matter that is outside the express terms of this Agreement. Any member or group of members may process disputes other than grievances as defined herein up to and including Step 3 of this grievance procedure. c. Any matter involving the discipline or discharge of a probationary member. The probationary period for members hired after the execution of this Agreement shall commence on date of initial employment. Midway through the meetingprobationary period, the Chief, after consulting with an member’s superior officers, will inform a probationary member as to the likelihood of successful completion of the probationary period and point out any areas of needed improvement. This conference procedure and substantive judgments expressed therein shall not be subject to the grievance and arbitration provisions of this agreement. Said mid- probation evaluation shall not preclude more frequent evaluations of members during the probationary period. 15.03 In d. Failure of the case employer to request a renewal or extension of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the dischargeprovisional appointment. 15.04 Grievances concerning rates shall be handled e. Appointment by the employer of a permanent employee in accordance with the above procedure Civil Service laws, rules and the disposition of such grievances, if sustained, regulations shall include the determination of the effective date of the increase with retro-activity theretonot be deemed discipline or discharge hereunder. 15.05 The Employer f. Any matter involving the suspension, dismissal, removal, or termination of any member who has completed his probationary period unless the member and the Union may file grievances commencing at STEP THREEelect arbitration as the exclusive remedy pursuant to General Laws, Chapter 150E, Section 8. (a) Failing settlement under the foregoing procedureg. Where an election is made in favor of arbitration, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the partiesa just cause standard will apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either [a] A grievance is defined for the Employerpurposes of this Article as an expressed difference or dispute between an employee and the Publisher, or the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning and the Publisher regarding the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing . It is the mutual desire of the parties hereto that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands be adjusted and settled as quickly as possible without stoppage of the Union for review and adjustment by the Employer, if necessarywork. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen Within ten (1810) working days after of the event occurrence of or date that the employee could have reasonably known of the occurrence or origination of the circumstances giving rise to the grievance occurs and grievance, the employee shall take the matter to the immediate supervisor in the department concerned in order to achieve a mutually satisfactory resolution. Such employee may ask a union representative to accompany him/her when taking the matter to the immediate supervisor, in which case the immediate supervisor may have another member of management attend the meeting. If a satisfactory resolution is not reached within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four two (42) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepor within such longer period which may be mutually agreed upon, the grievance shall be reduced to writing taken up in the following manner and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting sequence provided it is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed presented within five (5) working days from of the date immediate supervisor's reply to the employee. STEP 1 The Union Representative shall make a written presentation to the immediate supervisor setting forth the name[s] of dismissal the grievor[s], the date[s] of incident[s] occurred, the nature of the grievance, the Article[s] of the collective agreement alleged to have been violated and the relief sought. A meeting shall commence at be held between the parties within five (5) days of receipt of the written presentation to discuss the grievance. The Publisher shall give the Union Representative a decision in writing within two (2) workdays following the meeting. STEP TWO2 Failing settlement of the grievance, the Union shall, within five (5) work days of receiving the reply of the Publisher refer the matter in writing to Step 2 of the grievance procedure. In any subsequent disposal At Step 2 of this case during the grievance procedure, a meeting shall take place between the Local Union Representative and the Employer may re-instate Representative. The Employer shall reply in writing within ten days of the employee with full back pay, suspend the employee for a definite period or sustain the dischargemeeting. 15.04 Grievances concerning rates STEP 3 Should Step 2 of the grievance procedure fail to resolve the grievance, the grievance may be referred to a meeting between the Publisher and the National Union Representative. Such meeting shall be handled set up within five (5) days of the referral and such meeting shall occur at the earliest possible date but no later than (21) days after the referral [such time may be extended by mutual agreement]. If the grievance cannot be settled at this meeting, the Union may then refer the grievance to arbitration, in accordance with the above procedure terms and conditions of the disposition Labour Relations Act of Ontario, within a further thirty (30) calendar days of completion of the steps outlined in this Article. The results of such grievancesarbitration shall be final and binding on both parties. In any grievance, if sustainedthe parties may by mutual written consent omit the referral to Step 2 or the meeting with the National Representative and refer the matter directly to arbitration. [b] The parties agree, in the interest of cost-containment, that a single arbitrator constitutes a Board of Arbitration. Unless mutually agreed otherwise, the parties will use a single arbitrator when it becomes necessary to resolve a grievance through arbitration. The parties shall include each share equally the determination cost of the effective date services of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedurearbitrator, such grievance may who shall be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by chosen on mutual agreement of the parties. The decision of the arbitrator shall be final and binding on the Union and the Publisher. [c] The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify or amend any part of this Agreement. [d] Time limits set out in this Article are mandatory. Failure to comply with the time limits set out in this Article shall result in the grievance being deemed to be withdrawn and abandoned. Any grievance shall be deemed to have been withdrawn and abandoned if the grievance is not advanced through the grievance procedure in accordance with the time limits outlined in this Article. Time limits shall be extended only by mutual consent of the parties in writing. [e] Employees shall have the right to have a shop xxxxxxx present at any disciplinary meeting in which the employee is to be given a verbal or written warning, or a notice of suspension or letter of discharge. A copy of any written warning or notice of suspension or letter of discharge shall be given to the employee and the Union. A written warning or notice of suspension or letter of discharge shall include the reason[s] for such discipline and shall be issued within five (5) days of the warning or suspension or discharge. Notwithstanding the above, an employee may request the presence of a Union Representative at any meeting with management. [f] It is agreed that the Company will not discipline or discharge an employee except for just cause. Step 1 of the Grievance Procedure may be omitted on mutual agreement in the case of discharge for just cause. [g] A policy grievance shall proceed directly to Step 2 of the grievance procedure. A grievance by management shall be advanced in accordance with Article 9 [a - e] above, but shall proceed directly to Step 2 of the grievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 17.1 It is the Employerintent of this Article to establish a means for prompt adjustment of working problems and personal grievances at the job level by conference between the Supervisor and the employee involved, provided the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he Representative has been unjustly dealt with or that the provisions of given an opportunity to be present. If not resolved at this Agreement have not been complied withinformal level, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances a formal written grievance shall be processed as follows: - Between the employee concerned, his Union representative and the Companyfiled. The grievance must be filed within eighteen (18) working days after the event giving rise to shall contain a full statement of the grievance occurs and within this period the facts upon which it is based, the Contract section alleged to have been violated and the action, remedy or adjustment sought. In grievances filed on behalf of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepindividual employees, the grievance shall be reduced signed, by the affected employee, prior to writing and Step 1 of the appeal Grievance Procedure. Grievances shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing processed according to the Company/operator within one (1) week of the decision of the Company at STEP TWOsteps and time limits specified. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting These time limits may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by extended upon written mutual agreement consent of the parties. 17.2 Except for payroll adjustment, no grievances shall be filed or processed based on facts or events, or omissions within the employee's knowledge which have occurred more than twenty-three (23) working days (thirty working day while on travel) before such grievance is filed. Both parties agree to exert an xxxxxxx effort to settle such grievance promptly through the followingsteps: Step 1. The employee involved shall first confer with his Supervisor in order to amicably settle the matter, provided the Xxxxxxx has been given an opportunity to be present. Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work. If the dispute is not resolved amicably then the employee or Xxxxxxx may file a grievance. Within three (3) work days after receipt of grievance the Supervisor shall submit a written answer to the affected employee or Xxxxxxx. Step 2. If the grievance is not settled in Step 1, the Union Xxxxxxx may take the written grievance and submit it to the Company's Site Supervisor or designee within five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer16.1 Having a desire to create and maintain labor relations harmony between them, the Union parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or any employee has other grievances arising between them involving questions of interpretation or application of terms and provisions of this Agreement. All grievances will be written and placed on Association letterhead, clearly stating the step of the grievance. Employees are encouraged to resolve disputes, complaints or grievances informally at the lowest level, with their direct supervisor, prior to filing a right to lodge a grievance with respect to any matter formal grievance. Step 1- Any grievance, controversy or dispute arising out over the operation of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt shall first be taken up with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concernedor employees and The Director of Nursing, his Union representative and the Companyor designee within 10 days of such grievance. The grievance must Director of Nursing or designee will respond within 10 days. Step 2-- If such controversy or dispute cannot be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within adjusted in this period of time manner, it shall be discussed at this Steppresented to the Hospital Administrator/CEO, or designee, in writing, within 10 days of Step 1. The Manager Hospital Administrator/CEO or designee will respond within 15 days. Step 3-- If no settlement can be reached at Step 2, it shall give an oral decision be presented in writing to Director of the Department of Public Health and Human Services or his/her designee, within four (10 days of Step 2 The Agency Director or designee will respond in writing within 30 days. Step 4) working -- Should the matter remain unresolved, the local Association shall, within 10 days from of receipt of such decision, notify the date Director or his/her designee and the discussion took placeState Office of Labor Relations in writing, of its intention to have such grievance referred to arbitration. If The parties may mutually agree to go to mediation at any step in the Union wishes grievance process. Request for mediation services will be submitted jointly. Timeline for grievance processing will be put on hold until the mediation is final. In addition, the parties may mutually agree to appeal to waive any Step in the next Stepgrievance process. 16.2 It is understood that Management and the Association will act as expeditiously as possible in the processing of all grievances. Timelines set forth in the grievance process can be extended by mutual agreement. 16.3 In the event of a job classification related grievance, the grievance shall be reduced submitted according to writing the rules and regulations of the Board of Personnel Appeals for resolution. 16.4 When a question arises as to whether or not a matter falls under the jurisdiction of the Board of Personnel Appeals or should be referred to arbitration, the matter shall be referred to the Board for decision. 16.5 Within 10 days after such written notice of intention is delivered to the Director, the Association and the appeal State shall be filed with call on the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, Federal Mediation and the Company. The discussion at this Step shall be held within Conciliation Service to provide a list of seven (7) working days persons. 16.6 Each party shall be entitled to strike three (3) names from the list in alternate order and the name remaining shall be the arbitrator. The arbitrator shall hear the grievance and render a decision. 16.7 Each party shall share equally the cost of the date impartial arbitrator and each party shall be responsible for the cost of presenting their own case. In the event one of the appeal. The decision parties wants transcripts from the proceedings of the arbitration, the party requesting the transcript shall pay all costs. If each party requests transcripts, they shall equally share the cost. 16.8 During the processing of any matter under this or the preceding steps, the Association agrees not to strike, render unfair reports, or cause slow-downs and the Employer at agrees not to lock out employees represented by the Association. 16.9 Any failure or refusal to abide by the terms of this Step grievance and arbitration procedure shall be in writing and be made within four (4) working days constitute a waiver by the party who breaches the Agreement of the date of rights and constraints created by the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The above grievance shall be forwarded to the Employer, which and arbitration clause. 16.10 No arbitrator shall have one (1) week the power to dispose of add to, detract from, or modify the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal terms of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the dischargeAgreement. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either [a] A grievance is defined for the Employerpurposes of this Article as an expressed difference or dispute between an employee and the Publisher, or the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning and the Publisher regarding the interpretation, application application, administration or alleged violation of this Agreement. It is the mutual desire of the parties hereto that such grievances be adjusted and settled as quickly as possible without stoppage of work. Within fifteen (15) working days of the occurrence of or date that the employee could have reasonably known of the occurrence or origination of the circumstances giving rise to the grievance, the employee shall take the matter to the immediate supervisor in the department concerned in order to achieve a mutually satisfactory resolution. Such employee may ask a union representative to accompany him/her when taking the matter to the immediate supervisor, in which case the immediate supervisor may have another member of management attend the meeting. If a satisfactory resolution is not reached within two (2) working days or within such longer period which may be mutually agreed upon, the grievance shall be taken up in the following manner and sequence provided it is presented within ten (10) working days of the immediate supervisor's reply to the employee. 15.02 Any employee believing STEP 1 The Union Representative shall make a written presentation to the immediate supervisor setting forth the name[s] of the grievor[s], the date[s] of incident[s] occurred, the nature of the grievance, the Article[s] of the collective agreement alleged to have been violated and the relief sought. A meeting shall be held between the parties within ten (10) days of receipt of the written presentation to discuss the grievance. The immediate Supervisor shall give the Union Representative a decision in writing within two (2) workdays following the meeting. STEP 2 Failing settlement of the grievance, the Union shall, within ten (10) work days of receiving the reply of the immediate Supervisor refer the matter in writing to Step 2 of the grievance procedure. At Step 2 of the grievance procedure, a meeting shall take place between the Local Union Representative and the Employer Representative. The Employer shall reply in writing within ten days of the meeting. STEP 3 Should Step 2 of the grievance procedure fail to resolve the grievance, the grievance may be referred to a meeting between the Publisher and the National Union Representative. Such meeting shall be set up within fifteen (15) working days of the referral and such meeting shall occur at the earliest possible date but no later than (21) days after the referral [such time may be extended by mutual agreement]. If the grievance cannot be settled at this meeting, the Union may then refer the grievance to arbitration, in accordance with the terms and conditions of the Labour Relations Act of Ontario, within a further thirty (30) calendar days of completion of the steps outlined in this Article. The results of such arbitration shall be final and binding on both parties. In any grievance, the parties may by mutual written consent omit the referral to Step 2 or the meeting with the National Representative and refer the matter directly to arbitration. [b] The parties agree, in the interest of cost-containment, that he has been unjustly dealt a single arbitrator constitutes a Board of Arbitration. Unless mutually agreed otherwise, the parties will use a single arbitrator when it becomes necessary to resolve a grievance through arbitration. The parties shall each share equally the cost of the services of the arbitrator, who shall be chosen on mutual agreement of the parties. The decision of the arbitrator shall be final and binding on the Union and the Publisher. [c] The Arbitrator shall not be authorized to make any decision inconsistent with or that the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify or amend any part of this Agreement. [d] Time limits set out in this Article are mandatory. Failure to comply with the time limits set out in this Article shall result in the grievance being deemed to be withdrawn and abandoned. Any grievance shall be deemed to have been withdrawn and abandoned if the grievance is not been complied with, advanced through the grievance procedure in accordance with the time limits outlined in this Article. Time limits shall be extended only by mutual consent of the parties in writing. [e] Employees shall have the right to place such grievances have a shop xxxxxxx present at any disciplinary meeting in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between which the employee concernedis to be given a verbal or written warning, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such or a notice of appeal must be in writing to the Company/operator within one (1) week suspension or letter of the decision discharge. A copy of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose any written warning or notice of the grievance. The disposition shall be in writing and returned to the officers suspension or letter of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision discharge shall be given to the other party within seven (7) days from Employee and the date Union. A written warning or notice of suspension or letter of discharge shall include the meeting. 15.03 In the case of a dismissal, a grievance may reason[s] for such discipline and shall be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed issued within five (5) working days of the warning or suspension or discharge. Copies of formal discipline shall be removed from the employee's personnel file after 18 months from date of dismissal and issue, provided that there has been no discipline of a similar nature issued during the 18 month period. Notwithstanding the above, an employee may request the presence of a Union Representative at any meeting with management. [f] It is agreed that the Company will not discipline or discharge an employee except for just cause. Step 1 of the Grievance Procedure may be omitted on mutual agreement in the case of discharge for just cause. [g] A policy grievance shall commence at STEP TWO. In any subsequent disposal proceed directly to Step 2 of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates . A grievance by management shall be handled advanced in accordance with the above procedure and the disposition of such grievancesArticle 9 [a - e] above, if sustained, but shall include the determination proceed directly to Step 2 of the effective date of the increase with retro-activity theretogrievance procedure. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either A grievance is defined for the Employerpurposes of this section as an expressed difference or dispute between an employee and the Publisher, or the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning and the Publisher regarding the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing . It is the mutual desire of the parties hereto that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands be adjusted and settled as quickly as possible without stoppage of work. Within 15 days of the Union for review and adjustment by occurrence or origination of the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event circumstances giving rise to the grievance occurs and within this period of time it grievance, the Chapel Chairperson or alternate shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from take the date the discussion took place. If the Union wishes to appeal matter to the next Stepxxxxxxx, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concernedsuperintendent, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days or designated representative of the date of Publisher in the appeal. The decision of the Employer at this Step shall be department concerned in writing and be made within four (4) working days of the date of the meeting. Should the Union wish order to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, achieve a meeting may be held by the parties and may include the interested personsmutually satisfactory resolution. If a meeting satisfactory settlement is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed not reached within five (5) working days from or within such longer period which may be mutually agreed upon, the grievance shall be taken up in the following manner and sequence provided it is presented within fifteen (15) days of the Publisher's reply to the Union. STEP 1 The Chapel Chairperson or alternate shall make a written presentation to the Production Manager setting forth the nature of the grievance, the article of the collective agreement alleged to have been violated and the relief sought. The Production Manager or designate shall arrange a meeting with the Chapel Chairperson or alternate within ten (10) days of receipt of the written presentation and discuss the grievance. The Production Manager or designate will give the Union a decision in writing within ten (10) days following the meeting. STEP 2 Failing settlement of the grievance, the Union shall, within ten (10) days of receiving the reply of the Production Manager or his designate refer the matter in writing to the Joint Standing Committee. A Standing Committee of two representatives of the Publisher and a like committee of two representatives of the Union shall be appointed: in case of vacancy, absence or refusal of any such representative to act, others shall be appointed in their place by the respective parties to this agreement. Together, these two committees shall comprise the Joint Standing Committee. To this committee shall be referred in writing all differences or disputes which may arise as to the construction to be placed upon any article or articles of this Agreement and appendices or alleged violation thereof which cannot be settled otherwise. Such committee shall meet within ten (10) days following such written referral. The unanimous agreement of the Joint Standing Committee shall be final and binding on both parties to this Agreement. STEP 3 Should the Joint Standing Committee be unable to reach unanimous agreement on a settlement within ten (10) days of the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during its first consideration (such time may be extended by mutual agreement) the grievance procedure, may be referred to arbitration upon the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled request of either party to this Agreement in accordance with the above procedure terms and conditions of the Labour Relations Act of Ontario and the disposition results of such grievancesarbitration shall be final and binding on both parties. In any grievance, the parties may by mutual consent omit the referral to the Joint Standing Committee and refer the matter directly to arbitration. Any grievance shall be deemed to have been abandoned if sustained, shall include the determination it has not been referred to arbitration within 40 days of the effective date completion of the increase with retro-activity theretosteps outlined in this Article. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative Representative and the CompanyOwner. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager Owner shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manger Owner within six (6) working days from the Store Manager's Owner’s oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the EmployerOwner, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.five

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, 9.1 Should differences of any kind arise between any Contractor and the Union or any employee has a right employees as to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation claimed breach of this Agreement.any of the 15.02 9.2 Any employee believing that he who has been unjustly dealt with a grievance shall promptly report the same to the Contractor or that to his/her Xxxxxxx who shall present the provisions of this Agreement have grievance to the Contractor and attempt to affect a settlement. In the event the grievance is not been complied withsettled between the Xxxxxxx and the Contractor, the same shall have be taken up between the right to place such grievances in the hands authorized Business Representative of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The Contractor. 9.3 If any grievance is not settled as provided above, then either the Union or the Contractor may submit the grievance to the Joint Grievance Board herein provided for; provided, however, the grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one Board not later than thirty (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (730) days from the date of the meetingevent or happening upon which the grievance is based. All employee grievances shall be signed by the employee and an authorized representative of the Union. 15.03 9.4 A Joint Grievance Board shall be created consisting of two (2) representatives selected by the Association and two (2) representatives selected by the Michigan Laborers' District Council. All four (4) members of the Board shall constitute a quorum and must be present at all hearings. 9.5 The duty of the Joint Grievance Board shall be to hear all grievances submitted to the Board. Decisions of the Board shall be reached by a majority vote of the entire Board. The decisions of the Board shall be final and binding on the Contractor, Union and the employee or employees involved. 9.6 If the Joint Grievance Board cannot settle or adjust a grievance or dispute within ten (10) working dues, the matter shall be submitted to a disinterested arbitrator who shall be selected by and be acceptable to the Joint Grievance Board. In the case of a dismissal, a grievance may be filed by event the Board is unable to mutually agree upon an employee who feels he was unjustly dealt with. Such grievance must be filed arbitrator within five (5) working days from the date of dismissal reaching impasse on a grievance or dispute, then the arbitrator shall be selected according to the rules and procedures of the American Arbitration Association. The arbitrator's fee shall commence at STEP TWO. In be shared equally by the Contractor and the Local Union. 9.7 The arbitrator shall confine his/her decision to the dispute in question, and he/she shall have no authority to add to, subtract from, or in any subsequent disposal way modify the terms of this case during Agreement. The arbitrator's decision shall be final and binding upon the grievance procedureContractor and the Local Union and the Employee or Employees involved. 9.8 It is mutually agreed that the provisions of this Article shall not apply if the dispute arises over failure or refusal of a Contractor to pay the wage rates, the Employer may re-instate the employee with full back overtime, health care payments, pension payments, vacation payments or Laborers' Training Fund and LECET contributions provided for in this Agreement, provided, however, that any dispute involving a particular employee's proper wage rate classification or eligibility to receive overtime pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievanceshealth care payments, if sustainedpension payments, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.vacation payments

Appears in 1 contract

Samples: Landscape Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 7.01 The parties to this Agreement believe that it is important to adjust complaints and grievances as quickly as possible. Notwithstanding the provisions contained in this Article, any Nurse and/or the Association may present a complaint at any time without recourse to the formal written procedure described herein. 7.02 In the event of a complaint by a Nurse covered by this Agreement that the Nurse has been discriminated against or discharged or disciplined without just cause or has been otherwise dealt with unjustly the Nurse may file a grievance against the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such All grievances shall be processed as follows: - Between the employee concerned, his Union representative in writing and the Company. The grievance must be filed within eighteen (18) working days after the event shall contain a statement of facts giving rise to the grievance. Each grievance occurs and within this period of time it shall be discussed at filed in accordance with the procedure outlined in this Step. The Manager shall give an oral decision Article within four ten (410) working days from the date occurrence of the discussion took placecircumstances which gave rise to it. If the Union wishes to appeal to the next Step, the grievance The following shall be reduced to writing the procedure in processing and handling grievances. Step 1 The Nurse and/or a representative of the appeal Association shall be filed take the matter up with the Store Manger Nurse’s Director who shall give a decision in writing within six five (65) working days from of receipt of the Store Manager's oral decision. Between grievance. Step 2 If the employee concernedgrievance is not settled at Step 1, the Union representativeNurse and/or a representative of the Association may, the Department Manager, and the Company. The discussion at this Step shall be held within seven ten (710) working days of the date of receiving the appeal. The decision answer of the Employer at this Director (or if no answer is received under Step shall be in writing and be made 1 within four ten (410) working days after such answer ought to have been received) refer the grievance to the Medical Officer of Health or the nominee of the date Medical Officer of the meeting. Should the Union wish to appeal, such notice of appeal must be Health and that officer shall give a decision in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of receipt of the date grievance. Prior to the Medical Officer of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureHealth or designate providing an answer hereunder, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates there shall be handled in accordance with a meeting between the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing Association at STEP THREE. (a) Failing settlement under which an Employment Relations Officer from the foregoing procedure, such grievance may be submitted Association shall attend in order to Arbitration, as hereinafter provided; (b) The discuss and attempt to resolve the grievance. Note: Any of the time limits as prescribed allowances provided above may be modified extended by mutual agreement of between the parties. 7.03 The Employer will pay such Association representatives at their respective salaries for all regular time lost in the investigation or processing of grievances. P P 7.04 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 five (5) days inform the other party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a third (3rd) person who shall be the Chairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two (2) appointees fail to agree upon a Chairman within the time limit, the appointment shall be made by the Minister of Labour of the Province of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any Nurse affected by it. The decision of the majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairman governs. 7.05 The Arbitration Board shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration Board, and will share equally the fees and disbursements of the Chairman. 7.06 In the event that a Nurse is suspended or discharged and it is considered that an injustice has been done, the matter may be taken up as a grievance at Step 2 of the Grievance Procedure. 7.07 Notwithstanding any other provisions of this Agreement grievances may be settled by confirming the Employer's action or by any other arrangement which is just and equitable in the opinion of the parties or the Board of Arbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either The purpose of this Article is to establish a procedure for the Employerdiscussion and prompt resolution of grievances concerning a disciplinary measure for other than just and reasonable cause, the Union or any employee has a right to lodge a grievance with respect to any matter dispute arising out of this Agreement or concerning the interpretation, application application, administration, or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such All grievances shall be processed as followsadjusted in accordance with the following procedures: a) PRE–GRIEVANCE: - Between the employee concerned, his Union representative and the Company. The grievance Complaints must be filed taken by the employee(s), accompanied by the shop xxxxxxx if they so desire, to the employee’s non- union supervisor to discuss and, if possible, to resolve within eighteen two (182) working days after the event circumstances giving rise to the complaint have occurred or within two (2) days of the employee becoming aware of such circumstances. Such resolution of the complaint shall not contravene the terms and conditions of this Agreement but is solely for the purpose of resolving the matter and shall not be considered as precedential or binding in any other grievance occurs dispute. b) STEP 1: Any complaint discussed under 15.02 (a) that is not satisfactorily resolved by the employee, xxxxxxx and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the supervisor may become a grievance and shall be reduced to writing and provided to the appeal shall be filed with supervisor within five (5) days after the Store Manger circumstances giving rise to the complaint have occurred or within six five (65) working days from the Store Manager's oral decision. Between of the employee concerned, the Union representative, the Department Manager, and the Companybecoming aware of such circumstances. The discussion at this Step supervisor shall be held render his/her decision, in writing, within seven three (73) working days of his/her receiving the written grievance. The written grievance shall state the alleged violation, the date of the appealviolation, the facts describing the alleged violation, the location of the violation, the person or entity committing the violation, the Article or Articles of the Agreement alleged to have been violated and the remedy sought. c) STEP 2: Should the written decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his/her xxxxxxx, shall submit the written grievance within a further two (2) days to the Owner’s and the Contractor's designated representative on the Project. The decision Owner, Contractor, and Union representative(s) and the employee, assisted by the shop xxxxxxx, shall meet within five (5) days to discuss the matter. Prior to the second step meeting, the Owner, Contractor and Union commit to engage in a joint fact finding exercise with a view of developing a common understanding of the Employer at this Step facts surrounding the dispute, to better position the Parties to resolve such dispute. The Contractor shall render a decision in writing within one (1) day of the second step meeting. If such a meeting is not held the matter shall be referred to Step 3. d) STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Owner and the Union representatives shall meet to discuss the matter. If no resolution can be achieved within two (2) days either the Union, the Owner or the Contractor may, within five (5) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter may be referred by either the Union, the Owner or the Contractor to the next step, arbitration. 15.03 The Contractor shall provide the Union with a copy of any written disciplinary action taken against an employee. 15.04 In the case of discharge or suspension: a) An employee who is discharged shall be notified in writing by the Contractor and a copy will be forwarded to the Union. Such notice will state the reasons for discharge. If the employee considers they have been discharged for other than just cause, they may, within three (3) days of receipt of the discharge notice, file a written grievance commencing at Step 3 of the grievance procedure. b) An employee who receives a disciplinary suspension shall be notified in writing by the Contractor and a copy will be forwarded to the Union. Such notice will state the reasons for the discipline. If the employee considers that they have been disciplined for other than just cause, they may file a written grievance commencing at Step 2 of the grievance procedure. 15.05 The Owner or Contractor may file a grievance, in writing, with the Union within five (5) days after the circumstances giving rise to the grievance have occurred or originated or within five (5) days of the Owner or Contractor becoming aware of such circumstances. The Union may file a grievance, in writing, with the Owner or Contractor within five (5) days after the circumstances giving rise to the grievance have occurred or originated or within five (5) days of the Union becoming aware of such circumstances. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3, and may be referred to arbitration in the same manner as an employee's grievance. 15.06 The appointment of an arbitrator will be made within four (4) working days of the date of the meeting. Should the Union wish a referral to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWOarbitration under Step 3. The grievance arbitrator shall be forwarded to selected in rotation from the Employer, which shall have one (1) week to dispose list of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date arbitrators as set out in Schedule “D” attached to and forming part of the meeting. 15.03 In the case of a dismissal, a grievance this Agreement. The list shall be reviewed and may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified updated by mutual agreement of the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in this Article, he/she shall be passed over to the next person on the list, and so on. 15.07 The arbitrator shall, within twenty (20) days of his/her appointment, convene an arbitration hearing to hear the relevant evidence. All rulings will be given by the arbitrator within fifteen (15) days of the conclusion of the hearing. The decision of the arbitrator shall be final and binding on the Parties. 15.08 The arbitrator shall be governed by the following provisions in addition to those set out in the Trade Union Act (NS). The arbitrator: a) Shall have jurisdiction and authority only to interpret and apply the provisions of this Agreement so far as shall be necessary for the determination of the grievance, including remedies, but shall not have the power to alter, add to or amend any of the provisions of this Agreement. b) Shall have the authority to review and modify any penalty imposed by the employer and, in the case of discharge of an employee, substitute such other penalty as deemed just and reasonable in the circumstance, except as may otherwise be provided in this Agreement. c) Shall determine whether a grievance is arbitrable. d) Shall have access to the worksite to view site facilities, ongoing work, installation of equipment and/or machinery, and other working conditions, which may be relevant to the resolution of the grievance. e) Shall determine the procedure and shall give full opportunity to both parties to present evidence and make representations. f) Shall not dismiss any grievance on a technicality or error on the grievance form. 15.09 In the interest of providing speedy resolution to grievances, arbitration hearings may be conducted by video and/or telephone conference call unless mutually agreed otherwise, with the Owner/Contractor and the Union representatives or their designated respective legal counsel(s) acting as presenters. 15.10 The time limits specified in article 15.02 (a), (b), (c) and (d) above are mandatory. The Parties may, by mutual consent in writing, extend the time limits of this grievance and arbitration procedure. Failure of a party to file a grievance or failure of the grieving party to advance a grievance to the next step, within the time limits, shall constitute abandonment of the grievance. 15.11 The Contractor/Owner and Union involved in arbitration agree that the fees and expense of the arbitrator will be paid in accordance with the following: a) In the event the arbitrator makes a determination that there is a losing party or parties, an arbitrator may order the losing party or parties to pay the arbitrator’s fees and expenses. b) In the event the arbitrator makes no order as to the payment of fees and expenses, each of the party or parties shall pay an equal share of the fees and expenses of the arbitrator. 15.12 Where an employee is required to attend an arbitration to give evidence on a day that they are scheduled to work, the Contractor shall provide the employee, upon request, with leave to attend the hearing and the party requiring the employee’s attendance shall be responsible to pay the employee’s lost wages.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer17.1 Having a desire to create and maintain harmonious labor relations between them, the Union parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies, or any employee has a right to lodge a grievance with respect to any matter other grievances arising out between them involving questions of this Agreement interpretation or concerning the interpretation, application or alleged violation of terms and provisions of this Agreement. 15.02 17.2 Any employee believing that he has been unjustly dealt with grievance, controversy, or that dispute arising over the provisions operation of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment be taken up informally by the Employer, if necessaryaggrieved employee with the immediate supervisor in an attempt to reach agreement. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to If the grievance occurs and within this period involves a group of time employees having the same complaint, the Association grievance representative may meet with the immediate supervisor to attempt settlement. A working day, for the purposes of Article 17, is defined as Monday through Friday excluding holidays. Step 1: If the grievance cannot be settled informally, it shall be discussed at this Steppresented in writing on a standard grievance form which shall be mutually adopted and which shall include a place for the signature of the aggrieved (See Addendum B). The Manager form shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal be submitted to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger immediate supervisor within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) 20 working days of the date alleged grievance. A meeting will be held to discuss the issue(s) within five working days of receipt of the appealgrievance form. The decision of the Employer at this Step immediate supervisor shall be respond in writing and be made writing, within four (4) five working days of the date of meeting. Step 2: If such controversy or dispute cannot be adjusted in this manner, it shall be presented to the meeting. Should the Union wish to appeal, such notice of appeal must be Superintendent or his/her designee' in writing to the Company/operator within one (1) week 10 working days of the decision receipt of the Company at STEP TWOStep 1 decision. The grievance Superintendent or his/her designee shall be forwarded to meet with the Employer, which shall have one (1) week to dispose grievant and/or the Association within 10 working days of receipt of the grievance. The disposition Superintendent or his/her designee shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party provide written response within seven (7) 10 working days from the date of the meeting. 15.03 In Step 3: If no settlement can be reached at Step 2, the case controversy shall be presented in writing to the Director of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed the Department of Corrections or his/her designee within five (5) working days from the date of dismissal receipt of response of Step 2, and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates attempted settlement shall be handled made. The Director or his/her designee will respond in accordance with the above procedure and the disposition writing within 15 working days of such grievances, if sustained, shall include the determination receipt of the effective date of the increase with retro-activity theretogrievance. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 4.1 Should any differences, disputes or complaints arise over the Employerinterpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort made on the part of both parties to settle same promptly through the following steps: STEP 1. By conference between the aggrieved employee, the Union Xxxxxxx or any employee has a right Union Representative, or both, and the Store Manager. Store Management shall make its decision known within two (2) working days thereafter. If the matter is not resolved in Step 1, it shall be referred to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this AgreementStep 2 within two (2) working days. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of STEP 2. By conference between the Union for review Representative and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and a supervisor of the Company. The grievance must be filed Company shall make its decision known within eighteen three (183) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placethereafter. If the Union wishes to appeal to the next Stepmatter is not resolved in Step 2, the grievance it shall be reduced to writing and the appeal shall be filed with the Store Manger referred within six three (63) working days from the Store Manager's oral decisionto Step 3. STEP 3. Between the employee concerned, By conference between an official or officials of the Union representative, the Department Manager, and a designated representative of the Company. STEP 4. The discussion at this Step In the event the last step fails to settle the complaint, it shall be held referred, within seven (7) working days days, to Arbitration. Section 4.2 In any case in which an employee is aggrieved and the Union promptly notifies the employee that it does not intend to request arbitration after the Step 3 meeting, the time for requesting arbitration shall be stayed pending the employee’s exhaustion of internal Union appeals to the date Union's Executive Board. Section 4.3 The Company and the Union shall mutually agree to an impartial arbitrator to hear said arbitration case; however, if said arbitrator cannot be chosen within three (3) days, then the Federal Mediation and Conciliation Service will be requested to furnish a panel of seven (7) names from which the appealarbitrator may be chosen. The decision of the Employer at this Step shall arbitrator will be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party selected within seven (7) days from after the receipt of the panel by both parties. The arbitrator may be chosen by alternately striking names. The party striking first will be determined by the flip of a coin. The decision of the arbitrator shall be binding on both parties. The expenses of the arbitrator shall be paid for jointly. Should either party postpone a scheduled arbitration date, that party shall be responsible for any cancellation fee. Section 4.4 The Company may, at any time, discharge any employee for proper cause. The Union or the employee may file a written complaint with the Company within ten (10) days after the date of discharge, asserting that the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he discharge was unjustly dealt withimproper. Such grievance complaint must be filed within five (5) working days from taken up promptly. If the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer Company and the Union may file grievances commencing at STEP THREEfail to agree, it shall be referred to arbitration. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either A. For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or is defined as a dispute between the parties concerning the meaning, interpretation, application or alleged violation by the Company of the express terms of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that B. Grievances meeting the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances above definition shall be processed as followsin the following manner: STEP ONE - Between the employee concerned, his Union representative and the Company. The grievance Grievances must be filed within eighteen submitted in writing or the document scanned and sent by email to the Assistant General Manager or designee, no later than ten (1810) working calendar days after the event employee knew or should have known of the event, occurrence or nonoccurrence giving rise to the grievance occurs and within this period of time it shall be discussed at this Stepgrievance. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced submitted on a fully completed form and in such detail as to writing and identify the appeal shall be filed with nature of the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concernedgrievance, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appealalleged grievance, and the provision or provisions of the Agreement violated by the Company. Incomplete forms shall not be accept. The decision Assistant General Manager or designee, shall schedule a meeting, if requested by the Union, within ten (10) calendar days after receipt of the Employer at this Step written or the document scanned and sent by email grievance with the employee and the appropriate Union representative designated by the Union to handle the grievance. The Assistant General Manager or designee shall be respond to the Union representative in writing or the document scanned and be made sent by email as to his or her decision regarding the Grievance within four ten (410) working calendar days after receipt of the grievance by the Assistant General Manager or designee, or in the case of a meeting, within ten (10) calendar days following the date of the meeting. Should STEP TWO - In the event the grievance is not resolved to the satisfaction of the employee in STEP ONE, above, the Union wish may submit the grievance to appealthe General Manager, such notice of appeal must be or designee, in writing o or the document scanned and sent by email within ten (10) calendar days following the date of the Company’s answer in STEP ONE. The General Manager, or designee, and the Union representative shall hold a meeting, if requested by the Union, within ten (10) calendar days of the date the Grievance is appealed to STEP TWO, to discuss the grievance. The General Manager, or designee, shall respond to the Union in writing or the document scanned and sent by email as to his or her decision regarding the Grievance within ten (10) calendar days after receipt of the grievance by the General Manager, or designee, or in the case of a meeting, within ten (10) calendar days following the date of the meeting. STEP THREE - In the event the grievance is not resolved in STEP TWO, the Union may refer the Grievance to arbitration by written or or the document scanned and sent by email notice to the General Manager within 30 calendar days following the date of the General Manager’s response in STEP TWO. C. After a demand for arbitration has been made, within ten (10) calendar days the Union shall submit a request to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) names of impartial Arbitrators in the region nearest to the Company/operator ’s premises. The Company and the Union shall, within ten (10) calendar days following receipt of the list of Arbitrators from FMCS, alternately strike names from the list until only one (1) week name remains, with the order of striking to be determined by coin toss. The remaining Arbitrator shall act as the Impartial Arbitrator who shall hear and decide the issue. Either party may request one time a new list of arbitrators at their cost. D. It is understood that the Arbitrator shall be without authority or jurisdiction to add to, remove from, alter, or otherwise amend in any way any provision of this Agreement. The jurisdiction and authority of the decision Arbitrator shall be for the determination of such grievance, expressly limited to the interpretation, application and compliance with the provisions of this Agreement and supplements or appendices hereto, relating to the rates of pay, hours or other conditions of work, as set forth in the Agreement. E. The salary and all expenses of the Company at STEP TWO. The grievance Arbitrator, the cost of FMCS panel and any related expenses shall be forwarded to shared equally between the EmployerCompany and Union. Unless otherwise specifically agreed in advance, which each party shall have one (1) week to dispose be responsible for costs it incurs and for the expenses of the grievance. presenting its case. F. The disposition Arbitrator’s decision shall be in writing and returned served on the Company and Union. The decision of the Arbitrator shall be final and binding upon the Company and the Union. G. It is the intent of the parties that the time limits provided for shall be strictly adhered to. Exceptions to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision foregoing time limits shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by made only upon mutual written agreement of the parties. Failure to comply with the time limits herein or to submit an incomplete grievance form shall result in forfeiture of the failing party’s position without setting precedent. For purposes of this Article, the start of the time limits described above shall be the calendar day the grievance is filed or received. If a time limit expires on a Saturday, Sunday, or holiday, the final day shall be the next weekday.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 15.1. Should any difference, dispute, or complaint arise as to the Employermean- ing or application of the provisions of this Agreement, such differ- ence shall be resolved in the Union or any employee has a right to lodge following manner provided that the settlement of a grievance with respect to any matter arising out of or arbitration shall not expand or modify this Agreement or concerning the interpretation, application or Agreement. Section 15.2. A grievance is defined as an alleged violation of an article or section of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with Step 1. An employee, through the Lodge or that the provisions Lodge in behalf of this Agreement have not been complied withone or more employees, or on its own behalf, shall have initiate a grievance by submitting such grievance in writing to the right supervisor involved within ten working days after the occurrence or omission giving rise to place such grievances grievance or the grievance shall be considered drop- ped. The supervisor shall reply in writing within ten working days thereafter. If no reply is received from the supervisor within the prescribed time limit, it will be deemed to be settled in the hands Lodge's or the employee's favor. Step 2. If the grievance is not satisfactorily disposed of, the aggrieved employee shall submit it in written form to the Chief of Police within ten working days following the reply of the Union for review supervisor or the grievance shall be considered dropped. A meeting between the Police Chief and/or his designee, the employee, and adjustment the Lodge Labor Committee shall be arranged within 10 working days of receipt of a grievance by the EmployerChief and/or his designee. The Chief and/or his designee shall review the grievance, if necessary. Such grievances and his written answer shall be processed as follows: - Between submitted within 10 working days unless mutually extended. If no reply is received within the employee concernedpre- scribed time limit, his Union representative and it will be deemed to be settled in the CompanyLodge's or employee's favor. Step 3. If the grievance is not resolved by the Chief's answer, the Lodge Labor Committee may appeal in writing to the City Manager within 10 working days or the grievance shall be consi- dered dropped. The grievance City Mnager and/or his designee shall meet with the Lodge Labor Committee within 10 working days of the appeal unless mutually extended. The answer of the City Manager and/or his designee must be filed within eighteen (18) 10 working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (days.‌ Step 4) working days from the date the discussion took place. If the Union wishes to appeal to grievance is not satisfactorily adjusted in the next Steplast preceding step within the time provided (unless mutually extended), either party may, within 21 days, request arbitration or the grievance shall be reduced to writing and the appeal considered dropped. The other party shall be filed obligated to proceed with arbitration in the manner hereinafter provided. If the parties cannot agree upon an arbitrator within 14 days of notice for arbitration, the party requesting the arbitration shall promptly file a demand for arbitration with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meetingAmerican Arbitration Association. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 1. The Union and the EmployerEmployer agree that there shall be no strike, lockout, slowdown, picketing, or other form of work stoppage during the Union term of the Agreement without first using all possible means of settlement, as provided for in this Agreement, of any controversy which may arise. A grievance is hereby jointly defined to be only a controversy, complaint, misunderstanding, or any employee has a right dispute arising as to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application application, or alleged violation observance of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that any of the provisions of this Agreement have not been complied withAgreement. Grievance procedures may be invoked only by authorized Union representatives. In the event of a grievance on the part of any Employee, it shall have the right to place such grievances be handled in the hands of following manner, and a decision reached at any stage will be final and binding on both parties. A. The Employee shall discuss the Union for review and adjustment by grievance with his/her immediate supervisor. B. If the Employergrievance is not resolved, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative Employee will discuss the grievance with the shop xxxxxxx and the Companyimmediate supervisor. C. Failing to agree on the dispute, the shop xxxxxxx shall promptly submit the employee’s written grievance, on the proper Local 710 Grievance Report, to his/her immediate manager and the Union. The grievance Only those individuals who have filed are eligible for the claim. Wage claims must be filed within eighteen twenty (1820) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placecalendar days. If the Union wishes to appeal to wage claim is allowed, pay will only go back for a sixty (60) day period. For the next Steppurpose of this Article, the written grievance must be punched on the Center time clock for verification of proper date. TENTATIVE D. Time is of the essence in the above steps and if time limits are not met, the grievance will be deemed as untimely filed and shall not again be reduced subject to writing and the appeal provisions of this Article. Time limits, on a specific grievance, may be extended by mutual agreement. E. Failure to follow the above procedure shall be filed with result in the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days dismissal of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish grievance unless otherwise mutually agreed to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. The grievance/arbitration procedure provides the Employermeans by which disputes or problems between the parties which arise concerning the application, the Union meaning or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement or concerning the interpretation, application or alleged violation of this Agreementare to be resolved. 15.02 Any STEP 1. The employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied withAssociation on the employee's behalf shall present his/her grievance in writing on the "Official Grievance Form" or facsimile, shall have to his/her immediate supervisor within the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Companyappropriate time limit. The grievance must be filed within eighteen (18) working days after the event giving rise to statement shall include: a. The date the grievance occurs and within this period occurred; b. A description of time it shall the problem; c. The contract provision alleged to be discussed at this Stepviolated; and d. The remedy sought. The Manager shall give an oral decision within four (4) working days from At the date the discussion took place. If the Union wishes to appeal to the next Stepemployee’s request, the supervisor shall schedule a mutually convenient time to discuss the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union grievant and/or his/her representative, the Department Managereither in person or by telephone, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from of filing the date grievance, unless such discussion is mutually waived. The supervisor shall investigate the grievance and respond in writing within ten (10) days of the meetinggrievance discussion or receipt of the grievance if discussion was waived. 15.03 In STEP 2. If the case of a dismissalSTEP 1 response is unsatisfactory, a the Association may advance the written grievance may be filed by an employee who feels he was unjustly dealt withand the STEP 1 response to the Manager at STEP 2. Such The grievance must be filed submitted within five ten (510) working days from of either the receipt of the response at STEP 1, or the date of dismissal and shall commence at the response was due, whichever occurs first. STEP TWO3. In any subsequent disposal of this case during If the grievance procedureSTEP 2 response is unsatisfactory, the Employer Association may re-instate advance the employee with full back paywritten grievance, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance unchanged, along with the above procedure and the disposition of such grievancesresponse, if sustainedany, from STEP 1 and STEP 2 shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitrationthe Superintendent/Assistant Administrator or his/her STEP 4. If the STEP 3 response is unsatisfactory, as hereinafter provided; the Association may advance the written grievance, along with the responses, if any, from STEP 1, STEP 2, and STEP 3 shall be submitted to the Department of Administrative Services, Labor Relations Unit within ten (b10) The time limits as prescribed above may be modified by mutual agreement days of either the receipt of the partiesresponse at STEP 3, or the date the response was due, whichever occurs first.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either (a) Any decisions or agreements, relating to the Employer, the Union interpretations or any employee has a right to lodge a grievance with respect to any matter arising out applicability of this Agreement mutually agreed by the Company and the Union, shall be binding on every individual employee claiming or concerning entitled to the interpretation, application or alleged violation benefits of this Agreement. 15.02 Any (b) The Company may discharge or discipline an employee believing that he has been unjustly dealt for just and proper cause. The company will furnish the employee concerned and the Union with a copy of any complaint or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances commendation which is placed in the hands employee’s personnel file. No employee who has completed his probationary period shall be disciplined to the extent of loss of pay or discharged without being advised in writing of the Union for review and adjustment by the Employercharge, if necessaryor charge preferred against him leading to such action. Such grievances notice shall be processed as follows: - Between presented to the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen no more than ten (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (710) days from the date time the Company has knowledge of the meetingincident upon which such charges are based. 15.03 In (c) The Union may select and designate Shop Stewards for the case purpose of a dismissal, a representing the terms of this Agreement. The past practice of grievance investigation by authorized Union Representatives shall continue. Should any abuse of this procedure occur both parties will meet to discuss it. (d) During the probationary period an employee may be filed by discharged at the Company’s option without recourse to the grievance procedure. (e) For the presentation of complaints and grievances that may arise the following procedures will apply: Copies of letter in an employee’s personnel file regarding his work performance shall be sent to the employee who feels he was unjustly dealt withand his Chief Shop Xxxxxxx. Such grievance must letter shall be filed within five (5) working days removed from the file after two years from the date of dismissal and shall commence at STEP TWOissue provided the employee did not receive additional reprimands for the same offense. In any subsequent disposal of this case during the grievance procedureAny employee, the Employer Union or the Company who has a grievance, may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition within ten (10) business days of such grievances, if sustained, shall include the determination knowledge of the effective date of complaint, submit a grievance to the increase with retro-activity thereto. 15.05 other party. The Employer and answer to said grievance will be given within ten (10) business days. If either party desires to submit an appeal it will be presented to the Union may file grievances commencing at STEP THREE. (a) Failing settlement under General Manager or his designee and/or the foregoing procedure, such grievance may Chief Shop Xxxxxxx or his designee. Appeals will be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.answered within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 5.01 Should any difficulty arise between the Employer, the Union or Employer and any employee has a right as to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, an xxxxxxx effort to settle such difficulty without undue delay shall have the right to place such grievances be made in the hands following manner: Stage One An aggrieved employee shall, with the consent of a Union delegate, first submit her/his representations in writing to the Union for review Assistant Director, Housing and adjustment by the Employer, if necessaryConference Services (Residence Life and Services). Such Any such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed presented within eighteen five (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (75) working days of the date of time when it arose or the appeal. The decision of the Employer at this Step matter shall be in writing and be made within four (4) working deemed to have been abandoned. Working days of the date of the meetingshall not include Saturdays, Sundays or statutory holidays. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. Stage Two If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date time representations at Stage One were presented a decision satisfactory to such employee is not given, then such employee, with the consent of dismissal a Union delegate, may make representations in writing to the Director, Housing and Conference Services. Any such grievance shall commence be presented within five (5) working days after the decision of the Assistant Director, Housing and Conference Services has been given or should have been given, or the matter shall be deemed to have been abandoned. Stage Three If within five (5) working days from the time representations at STEP TWO. In any subsequent disposal Stage Two were presented a decision satisfactory to such employee is not given, then such employee, with the consent of this case during a Union delegate, may within five (5) working days after the grievance proceduredecision of the Director, Housing and Conference Services has been given or should have been given, make representations in writing to the Director of Human Resources or other representative designated by the Employer may re-instate from time to time. Such officer or other designate shall notify the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement delegate of the parties.time and place at which they will meet to discuss the matter. Every effort will be made to settle such difficulty within ten (10) working days from the date upon which such officer received written notice of the matter. Such officer shall give the decision in writing on behalf of the Employer. Stage Four Failing a satisfactory settlement in Stage Three the Union may within ten (10) working days, on giving five

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either [a] A grievance is defined for the Employerpurposes of this Article as an expressed difference or dispute between an employee and the Publisher, or the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning and the Publisher regarding the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing . It is the mutual desire of the parties hereto that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands be adjusted and settled as quickly as possible without stoppage of the Union for review and adjustment by the Employer, if necessarywork. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen Within ten (1810) working days after of the event occurrence or of the date that the employee could have reasonably known of the occurrence or the origination of the circumstances giving rise to the grievance occurs and grievance, the employee shall take the matter to the immediate supervisor in the department concerned in order to achieve a mutually satisfactory resolution. Such employee may ask a union representative to accompany him/her when taking the matter to the immediate supervisor, in which case the immediate supervisor may have another member of management attend the meeting. If a satisfactory resolution is not reached within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four two (42) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepor within such longer period which may be mutually agreed upon, the grievance shall be reduced to writing taken up in the following manner and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting sequence provided it is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed presented within five (5) working days from of the date immediate supervisor's reply to the employee. STEP 1 The Union Representative shall make a written presentation to the immediate supervisor setting forth the name[s] of dismissal the grievor[s], the date[s] of incident[s] occurred, the nature of the grievance, the Article[s] of the collective agreement alleged to have been violated and the relief sought. A meeting shall commence at be held between the parties within five (5) days of receipt of the written presentation to discuss the grievance. The Publisher shall give the Union Representative a decision in writing within two (2) work days following the meeting. STEP TWO2 Failing settlement of the grievance, the Union shall, within five (5) working days of receiving the reply of the Publisher refer the matter in writing to Step 2 of the grievance procedure. In any subsequent disposal At Step 2 of this case during the grievance procedure, a meeting shall take place between the Local Union Representative and the Employer may re-instate Representative. The Employer shall reply in writing within ten days of the employee with full back pay, suspend the employee for a definite period or sustain the dischargemeeting. 15.04 Grievances concerning rates STEP 3 Should Step 2 of the grievance procedure fail to resolve the grievance the grievance may be referred to a meeting between the Publisher and the National Union Representative. Such meeting shall be handled set up within five (5) days of the referral and such meeting shall occur at the earliest possible date, but no later than twenty-one (21) days, after the referral [such time may be extended by mutual agreement]. If the grievance cannot be settled at this meeting the Union may then refer the grievance to arbitration, in accordance with the above procedure terms and conditions of the disposition Labour Relations Act of Ontario, within a further thirty (30) calendar days of completion of the steps outlined in this Article. The results of such grievancesarbitration shall be final and binding on both parties. In any grievance, if sustainedthe parties may by mutual written consent omit the referral to Step 2 or the meeting with the National Representative and refer the matter directly to arbitration. [b] The parties agree, in the interest of cost-containment, that a single arbitrator constitutes a Board of Arbitration. Unless mutually agreed otherwise, the parties will use a single arbitrator when it becomes necessary to resolve a grievance through arbitration. The parties shall include each share equally the determination cost of the effective date services of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedurearbitrator, such grievance may who shall be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by chosen on mutual agreement of the parties. The decision of the arbitrator shall be final and binding on the Union and the Publisher. [c] The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify or amend any part of this Agreement. [d] Time limits set out in this Article are mandatory. Failure to comply with the time limits set out in this Article shall result in the grievance being deemed to be withdrawn and abandoned. Any grievance shall be deemed to have been withdrawn and abandoned if the grievance is not advanced through the grievance procedure in accordance with the time limits outlined in this Article. Time limits shall be extended only by mutual consent of the parties in writing. [e] Employees shall have the right to have a shop xxxxxxx present at any disciplinary meeting in which the employee is to be given a verbal or written warning or a notice of suspension or letter of discharge . A copy of any written warning or notice of suspension or letter of discharge, shall be given to the Employee and the Union. A written warning or notice of suspension or letter of discharge shall include the reason[s] for such discipline and shall be issued within five (5) days of the warning or suspension or discharge. Notwithstanding the above, an employee may request the presence of a Union Representative at any meeting with management. [f] It is agreed that the Company will not discipline or discharge any employee except for just cause. Step 1 of the Grievance Procedure may be omitted on mutual agreement in the case of discharge for just cause. [g] A policy grievance shall proceed directly to Step 2 of the grievance procedure. A grievance by management shall be advanced in accordance with Article 9 [a - e] above, but shall proceed directly to Step 2 of the grievance procedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 14.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 14.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his their Union representative and the CompanyDepartment Manager and/or Franchisee. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Department Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manger Department Manager within six (6) working days from the Store Department Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and/or the Franchisee. Fortinos Supermarkets or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer or the Union. Fortinos Supermarkets or its representative shall advise the Employer with respect to any matter in issue and the CompanyEmployer shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.seven

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any Any employee who has a right grievance pertaining to lodge a grievance with respect to any matter arising out the terms and conditions of this Agreement shall first take up his grievance with his immediate supervisor for the purpose of immediate settlement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands adjustment of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placecomplaint. If the Union wishes to appeal complaint is not satisfactorily settled between the employee and his immediate Supervisor, then the employee may, by himself or with the assistance of his Shop Xxxxxxx or Business Agent, submit the complaint as a written grievance signed by the employee to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed Supervisor within five (5) working days from after the occurrence of the matter which is the subject of the grievance. The Supervisor shall answer the grievance in writing within two (2) working days after he receives it. If the grievance is not then satisfactorily settled, then the Shop Xxxxxxx or the Business Agent of the Union may submit the written grievance to the Divisional Manager of Properties, or his designate, within a period of five (5) working days after the written answer of the Supervisor has been received by the employee or the employee’s Shop Xxxxxxx. A meeting will then be held to hear the grievance and the Business Agent of the Union shall be in attendance. The Divisional Manager of Properties, or his designate, shall answer the grievance, in writing, within three (3) working days after the grievance meeting. If the grievance is not settled, then the Business Agent may within ten working days after the written decision of the Divisional Manager of Properties, or his designate, has been received, refer the grievance to Arbitration. When a dispute involving a question of general application or interpretation of this Agreement occurs, or where a group of employees or the Union or Employer has a grievance, such grievances shall be submitted to the Divisional Manager of Properties, or his designate, or, in the case of an Employer grievance, to the Union’s Business Agent. Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten working days after the Employer‘s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or such longer period as agreed to by the parties. The parties shall agree on a Mediator. Proceedings before the Mediator shall be informal. The rules of evidence will not apply, no record of proceedings shall be made and neither party will use legal counsel. The Mediator will have the authority to meet separately with either party. in advance of the date of dismissal and shall commence at STEP TWOscheduled for Grievance Mediation. In any subsequent disposal of this case during If no settlement is reached within five (5) days following Grievance Mediation, either party can submit the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled matter to Arbitration in accordance with the above procedure provisions of this Agreement. In the event that such matter does proceed to Arbitration, the person serving as the Mediator may not serve as an Arbitrator and nothing said or done by the disposition of such grievances, if sustained, shall include Mediator may be referred to during the determination arbitration proceedings. The Union and Employer will share the costs and expenses of the effective date Mediator. When either party request that any matter be submitted to arbitration as hereinafter provided, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee; provided, however, that if such party fails to appoint a nominee as herein required, the Ontario Labour-Management Arbitration Commission shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees so appointed shall attempt to select by agreement a chairman of the increase with retroArbitration Board. If they are unable to agree upon such a Chairman within a period of three (3) working days, they shall then request the Ontario Labour-activity thereto. 15.05 The Employer and Management Arbitration Commission to appoint an impartial chairman. No person may be appointed as a nominee who has been involved in an attempt to negotiate or settle the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance grievance. No matter may be submitted to Arbitrationarbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, as hereinafter provided; (b) nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties thereto and in the event that there is not a majority decision of the Board of Arbitration the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fees and expenses of the nominee appointed by it and the parties will equally bear the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits as prescribed above fixed in both the Grievance and Arbitration Procedure may be modified extended by mutual agreement consent of the partiesparties to this Agreement in writing. If a time limit has been so extended, failure of the employer to reply within the time limits will be deemed to be a denial of the grievance entitling the to proceed to the next step in with this article. Failure of the Union to proceed within the time limits will be deemed to be an abandonment of the grievance. A discharged employee who has completed his probationary period may lodge a grievance against the discharge in accordance with Article The Arbitration Board if called upon to deal with a discharge grievance may direct the reinstatement of the employee with pay from such date as the Arbitration Board may determine. The parties may agree, in writing, to submit a grievance to a sole arbitrator in lieu of an Arbitration Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either For the Employerpurposes of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that . The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of this the Agreement which are alleged to have not been complied with, violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right to place such grievances in advance. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the hands of following manner and sequence: Step 1 The employee shall submit the Union for review grievance, in writing, and adjustment signed by the Employerhim, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, to his Union representative and the Companyimmediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance must be filed was presented to him. Failing settlement, then: 2Step Within five days following the decision under Step 1 the employee, accompanied by ,a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within eighteen (18) working five days after following the event giving rise to day on which the grievance occurs and within this period of time it shall be discussed at this Stepwas presented to him. The Manager shall give an oral Within five days following the decision within four (4) working days from in ‘the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1) week Chief Executive Officer of the decision of Hospital or the Company at STEP TWOdesignated Hospital representative. The grievance shall A meeting will then be forwarded to held between the Employer, which shall have one (1) week to dispose of Chief Executive Officer or the grievance. The disposition shall designated Hospital representative and the designated representatives who may be in writing and returned to accompanied by the officers general representative of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) five days from the date of the meeting. 15.03 In the case submission of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten days following the date of such meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.1 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or finalised as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that a reasonable amount of time may be spent by the members of the union grievance committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the committee from properly fulfilling its obligations to investigate and settle grievances. Both parties shall agree to acknowledge receiving all grievances and correspondence of such grievance material to the other party in writing or as mutually agreed. 8.2 Any difference concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not Agreement, or an employee who feels she/he had been complied unjustly dealt with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as followsfollowed: Step 1: - Between The grievance shall be in writing, a copy of which shall be given to the employee concerned, his Union representative Branch Manager and to the Companyemployee's xxxxxxx. The grievance must be filed presented to the Branch Manager within eighteen seven (187) working days after the event giving rise to occurrence of the matter complained of and the Branch Manager shall answer the grievance occurs and presented to him/her in writing within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four seven (47) working days after he/she has received it. The grievance may be signed by the employee, his/her xxxxxxx or Chief Xxxxxxx, with the exception of dismissal grievances, which the affected employee must sign. Step 2: If the matter has not been settled, the Union xxxxxxx of the employee involved may, within five (5) working days after receiving the written answer from the date GM and or his/her designate, present the discussion took place. grievance in writing to the District Manager or his/her nominee, who shall render his/her decision in writing within five (5) working days after receiving it. Step 3: If the Union wishes to appeal matter is not settled in Step 2, the Chief Xxxxxxx may present the grievance to the next StepDirector of Human Resources within five (5) working days of receiving a written decision from the GM and or his/her designate If either party agrees that a settlement can be reached with a meeting, the meeting shall take place within five (5) working days, otherwise the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held answered within seven (7) working days of the date Director of Human Resources receiving it. 8.3 In the event that the matter has not been settled either Party may, within ten (10) working days of the appealaforesaid meeting, contact the other Party in an endeavour to agree on a single arbitrator. Failing agreement within three (3) working days, arbitration will be instituted under the following conditions: The Party desiring arbitration will give the other Party a written notice of its intention and this notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the Party. The desiring party will suggest three arbitrators to be picked from, the other party will also suggest three arbitrators and both sides shall agree on a sole arbitrator to hear the case. 8.4 The Company and the Union shall, within five (5) working days, appoint or select a sole Arbitrator. If they are not able to select an Arbitrator, they shall request the Minister of Labour to make the appointment. 8.5 The sole Arbitrator shall then forthwith consider and determine the matters in issue which have been submitted to him/her for disposal and his/her decision shall be final and binding on all parties concerned. 8.6 The parties will equally bear the expense of the Employer at this Step Arbitrator. 8.7 No matter shall be submitted to a board of arbitration, which has not been properly carried through previous steps of the grievance procedure in accordance with the Agreement. 8.8 In the event of either the Company or the Union wishing to present a policy grievance alleging the violation of this Agreement, such grievance must be presented in writing within seven (7) working days after the occurrence of the matter complained of. If the Union files such a grievance, it shall be done by the Chief Xxxxxxx submitting a statement of the claim to the Director of HR or his/her nominee who shall answer same in writing within four (4) working days, and the other steps of the grievance procedure as outlined above shall then apply. If the Company files such a grievance, it shall be made done by the Director of HR or his/her nominee submitting a written statement of the grievance to the Chief Xxxxxxx of the Union. He/She shall answer the grievance in writing within four (4) working days of and if the date of the meeting. Should matter is not settled, there shall be a meeting between the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing committee and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party management within seven (7) working days from after the date Chief Xxxxxxx has submitted his/her answer. A reference of any matter to Arbitration shall then follow the other terms set forth in this Agreement. 8.9 All time limits as specified herein for the grievance or arbitration procedures may be extended but only by mutual agreement confirmed in writing between the Company and the Chief Xxxxxxx. In particular, it is recognized that when a person involved in a grievance or all members of the grievance committee are not available due to absence away from home, the Parties will co-operate to provide a reasonable extension of a time limit as specified for the presentation, processing or discussion of the grievance. 8.10 Other than the initiation of a grievance, when either Party violates the time limits, the grievance will proceed to the next step. The Union will advise the company in Writing when a grievance is dropped. 8.11 Time set for grievances, arbitration’s and investigations shall not include Saturdays, Sundays and Public Holidays for both the Company and the Union. 8.12 In an interview involving the discipline of an employee, the employee may be accompanied by up to two (2) members of the grievance committee, at the employee's discretion. It is the Company's responsibility to inform the employee of his/her right to have a union representative of his/her choice attend the meeting with the employee. The Company shall provide the employee with time to talk to their Union representative before the discipline meeting. 15.03 In 8.13 A grievance concerning the case discharge of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such will be processed commencing with Step 3 of the grievance must be filed procedure and within five (5) working days from of the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend is notified of the employee for a definite period or sustain the dischargediscipline. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of 8.14.1 Failure to grieve previous discipline, or to pursue such grievances, if sustaineda grievance to arbitration, shall include the determination of the effective date of the increase with retro-activity theretonot be considered an admission that such discipline was justified. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either For the Employerpurposes this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation or the Agreement, The grievance shall identify the nature of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied with, violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to place such grievances the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance, Where the hands of Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union for review and adjustment by of such suspension or discharge in writing, within three days. It is the Employermutual desire or the parties hereto that complaints shall be adjusted as quickly as possible, it is understood that an employee has the no until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between the employee concerned, discussed with his Union representative and the Company. The grievance must be filed immediate supervisor within eighteen (18) working five days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the days, it shall then be taken up as a grievance within five days following his immediate in the following manner and sequence: Step 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union Xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement, then: 2Step Within five days following the decision under step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Head, who will deliver his decision in writing within five days following the day on which the grievance occurs was presented to him. This step may be omitted where the employee’s immediate supervisor and within this period of time it shall be discussed at this StepDepartment Head are the same person. The Manager shall give an oral Failing-settlement, then: 3Step Within five days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1) week of Chief Executive Officer or the decision of Hospital or the Company at STEP TWOdesignated Hospital representative. The grievance shall A meeting will then be forwarded to held between the Employer, which shall have one (1) week to dispose of Chief Executive Officer or the grievance. The disposition shall designated Hospital representative and the designated union representatives who may be in writing and returned to accompanied by the officers general representative of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) five days from the date of the meeting. 15.03 In the case submission of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten days following the date of such meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either A grievance shall be defined as any dispute arising between the Employer, the Union or any employee has a right to lodge a grievance with respect parties pertaining to any matter arising out of wages, hours, and working conditions, or any dispute between the parties involving the interpretation or application of this Agreement or concerning the interpretation, application or alleged violation of this Agreementagreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as followsStep 1: - Between the employee concerned, his Union representative and the Company. The A written grievance must be filed presented to the Director within eighteen thirty (1830) working days after of the date the Union and/or Employee(s) knew or should have known of the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition Director shall be in writing and returned to meet with the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7Union and/or Employee(s) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date the written grievance was received. The Director will provide the Union and the Employee(s) with a written response within five (5) working days of dismissal the meeting. Step 2: If the grievance is not settled at Step 1 to the satisfaction of the Union, it shall be submitted to the Personnel Committee within five (5) working days of the date the Director’s response was due. The Personnel Committee shall meet with the Union and/or Employee(s) within ten (10) working days of the date the written grievance was received. The Personnel Committee will provide the Union and the Employee(s) with a written response within five (5) working days of the meeting. Step 3: If the grievance is not settled at Step 2 to the satisfaction of the Union, it shall commence be submitted the to the Board of Directors within five (5) working days of the date the Personnel Committee’s response was due. The Board of Directors shall meet with the Union and/or Employee(s) at STEP TWOits next regularly scheduled meeting. In The Board of Directors will provide the Union and the Employee(s) with a written response within five (5) working days of the meeting. Step 4: If the grievance is not settled at Step 3 to the satisfaction of the Union, the parties will meet within five (5) working days of the date the Board of Directors’ response was due to discuss calling in a mediator to try and resolve the dispute. This agreement must be mutual. The mediator shall have no authority to bind the parties to any subsequent disposal settlement or to add to, or to subtract from, modify, change or alter any of the provisions of this case during agreement. Payment for the mediator shall be split between the Union and the School. Step 5: If the grievance procedureis not settled at Step 4 to the satisfaction of the Union, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates it shall be handled in accordance with submitted to arbitration under the above procedure and the disposition of such grievances, if sustained, shall include the determination rules of the effective date American Arbitration Association, Boston office within thirty (30) calendar days of the increase with retro-activity thereto. 15.05 date the parties decided not to mediate or the date mediation ceased, as applicable. The award and decision of the arbitrator shall be final and binding. The arbitrator shall have no power to amend, modify, add to, alter or subtract from this Agreement or any provision hereof. The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under shall divide the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement cost of the partiesarbitration equally. The parties may mutually agree in writing to waive a step in the above referenced process.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the Employer(For Grievances Filed on or before December 31, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation2016, application or alleged violation of this Agreement.please see 2013-2016 collective bargaining agreement extended through December 31, 2016) Effective January 1, 2017 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the CompanyStep 1. The grievance must be filed Union shall, within eighteen ten (1810) working days after of the event giving rise which is the source of the grievance, set forth the grievance in writing, date it, sign it, and present it to the grievance occurs and within this period of time it shall be discussed at this StepDepartment Head or his/her designee. The Manager shall give an oral decision Department Head will provide for a meeting of representatives of the Union, including Union Staff Representative and the Employer for negotiation purposes within four seven (47) working days from of receipt of the date the discussion took placeStep 1 grievance. If The Employer shall provide written disposition to the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date meeting. Saturdays, Sundays, and holidays shall not be considered working days for the purposes of this Article. Step 2. If the appeal. The decision of grievance is not resolved at Step 1, the Employer at this Step shall grievance must be presented in writing and be made writing, to the Center Executive Director or his/her designee within four seven (47) working days of the date Union receiving the Step 1 answer. The Center Executive Director may provide for a meeting of representatives of the meeting. Should Union, including Union Staff Representative and the Union wish to appeal, such notice Employer for negotiation purposes within seven (7) working days of appeal must be in writing to the Company/operator within one (1) week receipt of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the Step 2 grievance. The Center Executive Director or his/her designee will provide written disposition shall be in writing and returned to the officers within seven (7) working days of receipt of the Union. If considered necessary by the partiesgrievance or, a meeting may be held by the parties and may include the interested persons. If if a meeting is held, of the decision meeting. Step 3. If the grievance is not resolved in Step 2, and the Union desires to mediate the grievance, the Union shall be given submit in writing to the other party Director of Labor and Employment or the Executive Director within seven (7) working days from of receiving the date of Step 2 answer a request that the meeting. 15.03 In parties engage in mediation. The Employer shall notify the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed Union within five seven (57) working days from of receiving the date of dismissal and request whether or not it consents to mediation. If the parties agree to mediation, it shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance occur with the above procedure and the disposition of such grievances, if sustained, Federal Mediation & Conciliation Services (“FMCS”). The parties shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted submit their request for mediation in writing to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.FMCS within seven

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 9.1 All complaints, disputes controversies or grievances arising between the EmployerEmployer and the Union, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of covered by this Agreement on or concerning after the interpretation, application or alleged violation effective date of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with , which involve only questions of interpretation or that application of any of the provisions of this Agreement have Agreement, shall be adjusted by and between the parties in the manner provided herein. 9.2 An employee with or without his/her xxxxxxx may submit a grievance orally to the employee’s supervisor. The supervisor shall give the employee an oral response to the grievance within seven (7) workdays following the date the grievance was presented. If the grievance has not been complied withsettled by oral discussion, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Companyfollowing procedure will apply: Step 1. The grievance must be filed within eighteen presented in writing to the employee’s department head or designee no later than ten (1810) working days after the occurrence of the event giving rise which led to the dispute or the date on which the employee should reasonably have known of the event. The written grievance occurs shall state the Article and within this period the Section of time the Agreement alleged to have been violated, the nature of the violation, the remedy or correction to be desired, and it shall be discussed at this Stepsigned and dated by the employee and the Union Representative involved. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to department head will answer all written grievances in writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days days. Step 2. If the grievance is not settled in Step 1, the written grievance shall be submitted to the Executive Director with seven (7) workdays following receipt of the date of answer from the appealdepartment head. The decision of the Employer at this Step Executive Director shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be reply in writing to the Company/operator employee and the Union Representative within one ten (110) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose workdays after receipt of the grievance. The disposition shall be in writing and returned At the Union’s request, the Executive Director may meet to discuss the grievance prior to replying to the officers of the Uniongrievance. If considered necessary by both parties agree to such a meeting, the parties, a meeting may should be held by the parties and may include the interested personsexpediently. Step 3. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureis not settled at Step 2, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance it may be submitted to Arbitration, as hereinafter provided; the Human Resources Manager or designee within fifteen (b15) The time limits as prescribed above may be modified by mutual agreement workdays after receipt of the parties.answer in Step

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 9.1. A Grievance is hereby defined as a disagreement concerning the Employerinterpretation or application of this Agreement, occurring not more than three (3) months prior to the date of complaint. The parties will consider a Grievance timely if a Grievance Record is completed and filed with the appropriate supervisor within three months of the incident. Once supervision receives the Grievance Record and returns it to the Union with a written reply within thirty (30) calendar days, the Union or will have thirty (30) calendar days from that date to file for a First Step Grievance meeting. Copies will be given to the xxxxxxx and the original will be mailed to the Local Union President. (a) Should any employee has a right to lodge a grievance with respect dispute arise between the Union and the Company as to any matter unadjusted Grievance or as to the rights of either party under this Agreement, both parties shall endeavor to settle such matters in the simplest and most direct manner. Any dispute arising out from the interpretation of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union will be referred for review and adjustment by the Employer, if necessary. Such grievances shall be processed discussion as follows: - Between 1st Step – A meeting between the aggrieved employee concerned, and/ or his Union representative and with his immediate supervisor or appropriate supervision designated by the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it Company shall be discussed at this Step. The Manager shall give an oral decision held within four sixty (460) working calendar days from the date the discussion took placeGrievance advanced to First Step. No more than two (2) representatives (Local Xxxxxxx and Local President or their designee) from the Union and the Grievant will be paid by the Company for all time lost from their scheduled work period to attend the First Step Grievance. A written reply to be given to the President of the Local Union involved within fifteen (15) working days. In discharge cases, this step will be bypassed. 2nd Step – In the event the Grievance is not satisfactorily resolved at the First Step, upon notification from Local Union 1289, a Second Step hearing shall be scheduled and heard between the Union and the Company, and shall be held within sixty (60) calendar days from the date the Grievance advanced to Second Step. An International Representative of the I.B.E.W. may be present at this step of the Grievance Procedure only to assist Local Union 1289. A written reply shall be given within fifteen (15) working days to the President of Local Union 1289. If notification of request for Second Step hearing is not received within forty (40) working days after a reply was given in the First Step, subject to waiver by mutual consent, it shall no longer exist. No more than three (3) representatives from the Union (Local President and Vice- President, Secretary or their designee), and the grievant will be paid by the Company for all time lost from their scheduled work period to attend a Second Step Grievance. If the Company fails to meet and provide a written reply, within any of the time periods specified in this Section, the Grievance will proceed to the next step. If the Union wishes fails to appeal pursue any Grievance within the time periods specified in this Section, the Grievance will be moot. (b) Arbitration - If the foregoing steps have been taken without a satisfactory adjustment of the question in dispute, then upon written request within ninety (90) calendar days after date of reply on Step 2, either party may make a written request for arbitration to the next StepAmerican Arbitration Association (“AAA”). The arbitrator will be selected using AAA’s standard “strike and rank” procedure. In the case of discharge or release of an employee, for any reason, the grievance provisions of this clause for arbitration shall be reduced apply to writing the employee and the appeal Company with respect to any unadjusted Grievance related to such discharge or release, regardless of whether or not the steps in the Grievance Procedure under this Article had been taken as herein provided. Failure of notification by the aggrieved party within the aforesaid ninety (90) days shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Companyserve to nullify any complaint on Grievances under this Procedure. The discussion at this Step arbitrator selected shall be held within seven (7) working days consider the merits of the date of the appealquestion in dispute and render a decision thereon. The decision of the Employer at this Step shall be in writing and shall be made within four (4) working days binding upon the parties. All previous arbitrations are binding to the extent they are applicable to and not contradictory to the terms of the date Collective Bargaining Agreement. The parties shall meet at any place by mutual consent, each party sharing equally in the fee and expenses of the meetingarbitrator. Should No arbitrator shall have the Union wish power to appealchange, such notice add to or subtract from any of appeal must the provisions of this Agreement. The arbitrator’s function shall be in writing limited to the Company/operator within one (1) week interpretation and application of the decision of the Company at STEP TWOexisting clauses 9.3. The grievance shall be forwarded to the EmployerRecognized shop stewards or other employees, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers acting as representatives of the Union, may discuss Grievances with the Company without loss of pay. If considered necessary The Union will notify the Company, in writing, as to the identity of stewards and xxxxxxx groups and a list of them shall be posted on appropriate bulletin boards. Time spent in meetings called by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision Company shall be given to the other party within seven (7) days from the date considered hours of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREElabor. (a) Failing settlement under The Company will recognize as authorized representatives of the foregoing procedureUnion for purposes of Contract negotiations the following: President, such grievance may be submitted to Arbitration, as hereinafter provided;Vice President and Secretary and Business Managers or Asst. Business Managers of Local Union 1289. (b) The time limits Company will recognize as prescribed above may be modified by mutual agreement authorized representatives of the partiesUnion for purposes of second step discussion of Grievances, the aggrieved employee, the President or Business Manager and Vice President or Business Manager of the Local Union from whence Grievance arose, the President, Vice President and Secretary of Local Union 1289, or their authorized deputies.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 6.01 In the Employerevent of any complaint by an employee covered by this agreement that he/she had been dealt with contrary to its terms, he/she may take the Union or any employee has a right to lodge matter up as a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have employer within and not been complied with, shall have the right to place such grievances in the hands after three (3) days of the Union for review and adjustment by incident excluding weekends or holidays, or the Employer, if necessary. Such grievances shall be processed as follows: - Between time at which the employee concerned, his Union representative and could reasonably have been expected to become aware of the Company. The grievance must be filed within eighteen (18) working days after the event incident giving rise to the grievance occurs and within this period of time it grievance. (a) The aggrieved employee shall be discussed first take up the matter verbally with his immediate Supervisor who shall render a verbal decision immediately, unless other reference is required, but at this Stepleast by the employee's next shift. The Manager aggrieved employee may request the presence of his/her xxxxxxx if the company has more than one person present. (b) If the matter is not settled, the matter shall give an oral decision within four and not after three (43) working days from the date a decision was given in step (a) present in writing on Union forms made out in triplicate, with the discussion took place. If original for the Company, 2 copies for the Union wishes to appeal to and a copy for the next Step, employee. A subsequent meeting with the grievance shall be reduced to writing Plant Manager or his/her delegate and the appeal shall Human Resources Director or his/her delegate and the Union (Committee Chairperson, Committee Vice-Chairperson, Committee Secretary and Xxxxxxx) will be filed with held. The grievor, Supervisor and Leadhand (if involved in the Store Manger mater) may attend the meeting for the presentation of the facts then the grievor and Leadhand will withdraw. A decision will be made within six seventy-two (672) working days from hours, excluding weekends and holidays. Policy grievances, including cases of discharge, may be presented at this stage by either the Store Manager's oral decision. Between Company or the employee concernedUnion. (c) In the event a settlement is not achieved at Step (b), the Union representative, the Department Managershall within, and the Company. The discussion at this Step shall be held within seven not after three (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (53) working days from the date of dismissal and shall commence a decision was given at STEP TWO. In any subsequent disposal of this case during Step (b), inform the grievance procedureCompany the problem will be taken up with the Corporate management at a meeting between the Company, the Employer may reUnion (Committee Chairperson. Committee Vice-instate the employee with full back payChairperson, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer Committee Secretary). and the Union may file grievances commencing at STEP THREERepresentative. After the meeting a decision shall be rendered within seventy-two (72) hours, excluding weekends and holidays. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.1 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that the members of the Union’s grievance committee in order to investigate and participate in grievance matters may spend a reasonable amount of time and the Union agrees that the members of its committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company’s operations. The Company agrees that it shall not prevent the committee from properly fulfilling its obligations to investigate and settle grievances. 8.2 Any difference concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not Agreement, or an employee who feels he had been complied unjustly dealt with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as followsfollowed: Step 1: - Between The grievance shall be in writing, copy of which shall be given to the employee concerned, his Union representative Branch Supervisor and to the Companyemployee’s representative. The grievance must be filed presented to the Branch Supervisor within eighteen fifteen (1815) working calendar days after the event giving rise to occurrence of the matter complained of and the Branch Supervisor shall answer the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes presented to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be him in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days after he has received it. The grievance must be in a legible form and signed by the employee. Step 2: If the matter has not been settled, the Union representative of the employee involved may, within five (5) working days after receiving the written answer from the date Branch Supervisor, present the grievance in writing to the Location Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. Step 3: If the matter is not settled, the Chairperson and/or his representative may present the grievance to the Area General Manager or his nominee within ten (10) working days after receiving a written decision of dismissal the Location Manager or his nominee. Following the presentation of the grievance at this Step there shall be a meeting arranged between management, the grievance committee (consisting of two (2) members only) and the employee that will take place ten (10) working days after the grievance has been presented to the Area General Manager or his nominee. The Area General Manager shall commence give a written response to the grievance within five (5) working days of the meeting. Step 4: If the matter is not settled, the Chairperson and/or his representative may present the grievance to the Director of Labour Relations or his nominee within ten (10) working days after receiving a written decision of the Area General Manager or his nominee. Following the presentation of the grievance at STEP TWOthis Step there shall be a meeting arranged between management, the grievance committee (consisting of two (2) members only) and the employee that will take place ten (10) working days after the grievance has been presented to the Director of Labour Relations or his nominee. In any subsequent disposal The Director of this case during Labour Relations shall give a written response to the grievance within five (5) working days of the meeting. Upon mutual consent, a Federal Mediator may be requested to resolve grievances after Step 4 and prior to arbitration. 8.3 a) Failing a satisfactory settlement at Step 4 of the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates it shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination responsibility of the effective date party desiring arbitration to so inform the other party, in writing, within ten (10) working days after the Director of the increase with retro-activity theretoLabour Relations’ response. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. A grievance within the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out meaning of this Agreement or shall be any dispute concerning the interpretation, application application, or alleged claimed violation of a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, Section 2. The following steps shall have the right to place such grievances be followed in the hands processing of grievances: Step 1. The Adjunct Faculty member shall file the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Companygrievance with his/her Department Chair or Program Director within twenty-one (21) calendar days of its occurrence or discovery. The grievance must be filed within eighteen (18reduced to writing and must specify the nature of the grievance, the provision(s) working days after of this Agreement at issue, and the event giving rise to relief requested. If the grievance occurs and is not resolved satisfactorily within this period of time it shall be discussed fourteen (14) calendar days thereafter, the grievance Step 2. If the grievance is not resolved at this Step. The Manager shall give an oral decision within four (4) working days from Step 1, the date Adjunct Faculty member may request that the discussion took placeUnion appeal the grievance to Step 2. If the Union wishes to appeal to the next Step, deems the grievance shall to be reduced to writing and meritorious, it may file the appeal shall be filed Step 2 grievance with the Store Manger Adjunct Faculty member’s Xxxx or his/her designee within six fourteen (614) working calendar days from of receipt of the Store Manager's oral decision. Between the employee concernedStep 1 response, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held or within seven (7) working calendar days of the date deadline for the Step 1 response, if none was received. If the grievance is filed within the time limits, the Xxxx or his/her designee shall conduct a meeting for the purpose of attempting to resolve the appealgrievance. The decision of If the Employer grievance is not resolved at this Step meeting, the Xxxx or his/her designee shall be respond to the Union in writing and be made within four fourteen (414) working calendar days of the date of the meeting. Should If the Xxxx or his/her designee fails to respond within fourteen (14) calendar days of the meeting, the grievance may proceed to Step 3. Step 3. A grievance not resolved at Step 2 may be appealed in writing by the Union wish to appeal, such notice of appeal must be in writing to the CompanyUniversity’s Xxxxxxx or his/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party her designee within seven (7) calendar days from of the date conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at this Step. If the grievance is not resolved at this meeting, the Xxxxxxx or his/her designee shall respond to the Union in writing within fourteen (14) calendar days of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Section 26.1 In the Employerevent of any dispute, difference or controversy between the Club and the Union or any employee has under a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation provision of this Agreement., the following procedure shall be followed: 15.02 Any employee believing that he has been unjustly dealt with or that (a) With the provisions exception of the disputes and/or controversies described in Section 4.3 of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next StepAgreement, the grievance party raising a claim in reference any other dispute, difference or controversy shall be reduced to writing and notify the appeal shall be filed with the Store Manger other party, in writing, within six twenty one (621) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four claim, dispute, difference or controversy. (4b) working days of the date of the meeting. Should the Union wish to appeal, If an employee raises such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is heldclaim, the decision employee, or his/her Shop Chair, or both, shall be given meet with the employee’s immediate supervisor in an attempt to resolve the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt withdifference. Such grievance must be filed meeting shall take place within five (5) working days from of the date receipt of dismissal notice of the claim. (c) If the difference is not resolved pursuant to paragraph (b), a Union representative shall meet with the Club manager within five (5) days after the preceding meeting. (d) If the Union representative and Club manager are unable to resolve the problem, within five (5) days after their meeting in paragraph (c), a designated Union representative shall commence at STEP TWO. In any subsequent disposal meet with a designated representative of this case during the Federation. (e) Where either party fails to comply with the aforementioned time requirements for notice and meetings, the grievance procedurewill be deemed resolved and it shall not be subject to arbitration. (f) If a satisfactory adjustment cannot be reached, the Employer may rematter shall be submitted to arbitration by Xxxx Xxxxx or Xxxxxx Xxxxx. The decision and/or award of the arbitrator shall be final and binding. Section 26.2 If a controversy relating to discharge or eviction or both cannot be satisfactorily adjusted between the Union and a Club, the same shall be promptly referred to arbitration in the manner hereinabove provided for excluding only the meeting required in Section 26.1, paragraph (b) above, and in the event that such arbitration shall result in a decision that such employee was unjustly discharged, laid-instate the employee off or suspended and/or evicted and directing his/her reinstatement, such reinstatement shall be with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, award shall include the determination value of his/her room and meals at the effective date of Club in the increase event that the employee had previously received such privileges in connection with retro-activity theretohis/her employment. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.1 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employer, the Union administration or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that the members of the Union's grievance committee in order to investigate and participate in grievance matters may spend a reasonable amount of time and the Union agrees that the members of its committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the committee from properly fulfilling its obligations to investigate and settle grievances. 8.2 Any difference concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not Agreement, or an employee who feels he had been complied unjustly dealt with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as followsfollowed: Step 1: - Between The grievance shall be in writing, copy of which shall be given to the employee concerned, his Union representative Branch Supervisor and to the Companyemployee's representative. The grievance must be filed presented to the Branch Supervisor within eighteen fifteen (1815) working calendar days after the event giving rise to occurrence of the matter complained of and the Branch Supervisor shall answer the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes presented to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be him in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days after he has received it. The grievance must be in a legible form and signed by the employee. Step 2: If the matter has not been settled, the Union representative of the employee involved may, within five (5) working days after receiving the written answer from the date Branch Supervisor, present the grievance in writing to the Location Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. Step 3: If the matter is not settled, the Chairperson and/or his representative may present the grievance to the Area General Manager or his nominee within ten (10) working days after receiving a written decision of dismissal the Location Manager or his nominee. Following the presentation of the grievance at this Step there shall be a meeting arranged between management, the grievance committee (consisting of two (2) members only) and the employee that will take place ten (10) working days after the grievance has been presented to the Area General Manager or his nominee. The Area General Manager shall commence give a written response to the grievance within five (5) working days of the meeting. Step 4: If the matter is not settled, the Chairperson and/or his representative may present the grievance to the Director of Labour Relations or his nominee within ten (10) working days after receiving a written decision of the Area General Manager or his nominee. Following the presentation of the grievance at STEP TWOthis Step there shall be a meeting arranged between management, the grievance committee (consisting of two (2) members only) and the employee that will take place ten (10) working days after the grievance has been presented to the Director of Labour Relations or his nominee. In any subsequent disposal The Director of this case during Labour Relations shall give a written response to the grievance within five (5) working days of the meeting. 8.3 a) Failing a satisfactory settlement at Step 4 of the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates it shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination responsibility of the effective date party desiring arbitration to so inform the other party, in writing, within ten (10) working days after the Director of the increase with retro-activity theretoLabour Relations' response. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that . The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have not been complied withviolated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. It is the hands mutual desire of the Union for review parties hereto that complaints shall be adjusted as quickly as possible, and adjustment by it is understood that an employee has no grievance until he has first given his immediate supervisor the Employer, opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if necessaryhe so desires. Such grievances complaint shall be processed as follows: - Between the employee concerned, discussed with his Union representative and the Company. The grievance must be filed immediate within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to their immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then: Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1) week Director of Employee Labour Relations. A meeting will then be held between the decision Director of Employee Labour Relations and the Company at STEP TWO. The grievance shall designated union representatives who may be forwarded to accompanied by the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers general representative of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten days following the date of such meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either the EmployerWhere there is a grievance by an employee, the Union same shall be made in writing to the xxxxxxx within three days of the occurrence. The xxxxxxx shall take the grievance up with the immediate superior of the aggrieved employee. Such action may be commenced ten days after default in payment has occurred. Any employer which is delinquent in payment of any trust fund or any employee trust funds payment, will be compelled to make payment on a weekly basis for all funds. Any employer refusing to comply with this section will have his employees removed until such time he has complied with this section. Removal of employees will not be deemed to be a right to lodge a grievance with respect to any matter arising out breach of this Agreement or concerning agreement by the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that union. An answer shall be given not later than the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands commencement of the Union for review and adjustment shift in which the grievance occurred on the day following the presentation of the grievance by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took placexxxxxxx. If the Union wishes to appeal to decision has not been given within the next Stepprescribed time or the decision is not acceptable, then the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1) week superintendent of the employee. The superintendent shall render his decision not later than two working days of being presented with the grievance. The local union shall be entitled to submit a grievance in writing directly to the superintendent of the Company at STEP TWOemployer, or the senior official of the employer on the project, who shall render his decision not later than two working days following the presentation of the grievance to him. The employer, or his representative shall be entitled to submit a grievance in writing directly to the local union. The local union shall render their decision not later than two working days following the presentation of the grievance to them. Failing settlement of any grievance, it shall be subject to arbitration in accordance with the following clauses: The grievance shall be forwarded referred to the Employer, Local Labour Management Committee which shall have one (1) week will be required to dispose hear the grievance and give an answer within four working days of receiving the grievance. Should either party not be satisfied with the results of this, then it may proceed to have the grievance heard at the Joint Conference Board. The disposition Joint Conference Board will be required to hear the grievance and shall give an answer within four working days. Should either party not be satisfied with the result of the Joint Conference Board, then it may proceed to arbitration within ten working days of having received the results from the Joint Conference Board. There shall be a group of arbitrators within the area of the local union which have agreed to act in writing this capacity under the terms of this agreement. The arbitrators shall be approved by the employers and returned the local union. The party initiating the grievance shall file the grievance with the first named arbitrator, and if this arbitrator is unable to serve or is not available for any reason, the second named arbitrator shall be acquired and shall continue until an arbitrator is found that is able to serve in this capacity. The arbitrator shall hold a hearing within three days after the grievance has been submitted to him and shall render his decision to the officers parties within seventy-two hours after the completion of the Unionhearing. If considered necessary by the parties, a meeting may The costs of each arbitration case shall be held borne equally by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Labour Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 1. The management and direction of employees covered by this Agreement, including the right to suspend, discipline or discharge any employees for proper cause, are vested exclusively in the Employer, provided, however, that any action of the Union or Employer under the above clause is subject to the grievance procedure herein. 2. A grievance is defined as any complaint by any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or the Employer concerning the effect or interpretation, application or alleged violation a claim of breach, of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that 3. To file a grievance, the provisions of this Agreement have not been complied with, shall have grievance must be reduced to writing on the right to place such grievances in the hands of the Union for review and adjustment form provided by the Employer, if necessarysigned by each aggrieved employee and by authorized union representatives of the Union, provided that group grievances which seek a monetary remedy for more than three employees may be signed solely by the authorized union representatives. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The A grievance must be filed submitted to the Director - Operations or his or her designated representative not later than fifteen (15) calendar days following the act or occurrence which gives rise to the grievance. In cases where an employee is disciplined, the time limits shall begin to run on the date the discipline is issued to the employee. Should the Union or employee fail to file a grievance within eighteen fifteen (1815) working calendar days of the act or occurrence which gives rise to the grievance, said grievance shall be untimely and the Employer shall not be bound to proceed to discuss or arbitrate the issue. 4. The Senior Director, Operations, or his designee, and the designated Union representative shall meet in Step 1 for a discussion of the Grievance within ten (10) calendar days after the event giving rise Employer’s receipt of the written grievance. The time and place of the meeting shall be agreed upon by the Union and the Employer. The time limits set forth herein may be extended by mutual agreement. Within ten (10) calendar days following the grievance meeting, the Employer shall issue its written answer, in which the position of the Employer shall be indicated. 5. If the meeting and the answer do not result in a settlement of the grievance, the Union, upon written notice to the grievance occurs and within this period of time it Vice President-Operations, or his designee, shall be discussed at this Steppromptly submitted for arbitration. The Manager shall give an oral decision notice must be given within four ten (410) working calendar days from after the date the discussion took placeEmployer’s answer. If the Union wishes and the Employer are unable to appeal to agree upon the next Stepchoice of an arbitrator, the grievance FMCS shall be reduced asked to writing furnish a list of seven NAA member arbitrators. The Union and then the appeal Employer shall be filed with the Store Manger within six alternatively strike one (61) working days name from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Managerlist, and the Company. The discussion at this Step individual whose name is the last remaining shall be held within seven (7) working days of the date of the appealarbitrator. The decision of the Employer at this Step arbitrator shall be in writing writing, shall be limited to the grievance as stated and shall be made within four (4) working days final and binding upon the parties. The arbitrator may not add to, amend or detract from the terms of this Agreement. The expense of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance arbitrator shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary borne equally by the parties, . Prior to arbitration either party may agree to use mediation as a meeting may be held by means to attempt to resolve the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meetinggrievance. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either Every effort will be made to settle disputes during the Employer, early stage of the Grievance Procedure. It is understood that a reasonable amount time may be spent by the members of the Union or any employee has Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of its Committees will co-operate with the Company in not conducting investigations in a right manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to lodge a grievance with respect investigate and settle grievances. Subject to any matter arising out the terms of this Agreement or agreement, any difference concerning the interpretation, application application, administration or alleged violation of this Agreement. 15.02 violation, may be grieved. Any employee believing that he has unjustly discharged or disciplined, or who feels they have been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following procedure shall be processed as follows: - Between followed. The grievance shall be in writing, copy of which shall be given to the employee concerned, his Union representative Manager and to the Companyemployees' Xxxxxxx. The grievance must be filed presented to the Manager within eighteen (18) five working days after the event giving rise to occurrence of the matter complained of; and the manager shall answer the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Stepin writing, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days after he has received it. The grievance must be in a legible form and signed by the employee. if the matter has not been settled, the Union Xxxxxxx of the employee involved may, within five working days after receiving the written answer from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during Manager, present the grievance procedurein writing to the General Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. If the Employer may re-instate matter is not settled the employee with full back payLocal Chairperson and/or his representativemay, suspend within five working days after receiving a written decision of the employee for a definite period General Manager or sustain his nominee present the discharge. 15.04 Grievances concerning rates grievance to the Area General Manager or his nominee. Following the presentation of the grievance at this Step there shall be handled in accordance with the above procedure arranged a meeting between Management and the disposition of such grievancesGrievance Committee (consistingof two members only) which meetingwill take place in five working days after the grievance has been presented. The National Representative, if sustained, Local President or their nominee may attend. A written response shall include the determination of the effective date of the increase with retro-activity theretobe given by Management within five (5) days. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 15.01 Either 8.01 For the Employerpurpose of this Agreement, the Union or any employee has a right to lodge a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to any matter arising out of this Agreement or concerning the interpretation, application application, administration or alleged violation of this the Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of this the Agreement which are alleged to have not been complied withviolated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to place the presence of his xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three (3) days. 8.04 It is the hands mutual desire of the Union for review and adjustment by the Employer, if necessary. Such grievances parties hereto that complaints shall be processed adjusted as follows: - Between quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he so desires. Early Resolution‌ Such complaint shall be discussed between the employee concerned, and his Union representative and the Company. The grievance must be filed or her immediate supervisor within eighteen five (185) working days after the event circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five Step 1‌ The Union shall submit the grievance, in writing and signed by him or her, to his immediate supervisor or designate. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor or designate will deliver his or her decision, in writing, within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance occurs at a time and within this period of time it shall be discussed at this Stepplace suitable to both parties. The Manager shall give an oral Failing settlement, then; Step 2‌ Within five (5) days following the decision within four (4) working days from in the date the discussion took place. If the Union wishes to appeal to the next Stepimmediately preceding step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be submitted in writing to the Company/operator within one (1Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and the Union Representatives who may be accompanied by the Union Xxxxxxx(s) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers or Grievance Committee as applicable of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from of the date submission of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedureat Step 2, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting to the Union Representative.

Appears in 1 contract

Samples: Collective Agreement

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