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
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 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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 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 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 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 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 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 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 [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 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 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 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 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 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 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 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 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 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
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 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 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 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 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 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 [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 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 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 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 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 (a) Any dispute that may arise as to the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out interpretation of this Agreement or concerning Agreemnt shall be brought to the interpretation, application or alleged violation attention of the other party to 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 dispute 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 taken up with the Store Manger within six Employer with in thirty (630) 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 the Union has know ledge thereof.
Section (b) Any dispute as to the interpretation of this Agreement which cannot be adjusted amicably between the Union and the Employer within ten (10) business days shall be referred to a Board of Adjust ment upon written request of either party. The Board shall consist of two (2) selected by the Union and two (2) selected by the Employer. The findings of this Board shall be binding upon both the Union and the Employer, provided that the Board shall not have the authority to change, alter or modify any of the appealterms or provisions of this Agreement. The decision of the Employer at this Step Board shall be by a majority and shall be reached within a reasonable time from the date the contro versy is presented for adjustment.
Section (c) In the event that any dispute submitted to this Board of Adjustment cannot be settled within the period of time provided for in Sectiion (b) above, the issue in dispute shall be submitted for disposition to an impartial arbitrator. The party presenting the dispute shall request arbitration in writing not more than thirty (30) days after the dispute was first taken up with the other party, or the dispute w ill be consid ered to have ben withdrawn and waived. If no re sponse is made to the request for arbitration within thirty (30) days, the allegations shall be made within four (4) working days deemd to have been admitted and proved. Such impartial arbi trator shall have authority only to interpret the pro visions of this Agreement, and shall not have authority to change, alter, add to, delete, amend or modify it. His decision on any matter submitted to him shall be final and binding on both parties to this Agreement. In the event an arbitrator is used, the cost 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 by the parties, a meeting may be held borne equally by the parties and may include the interested persons. If a meeting is held, the decision in volved.
Section (d) No controversy regarding hours or wages shall be given subject 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: Retail Meat Market 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 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 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 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 Union for review and adjustment by the time an employee, Employer, if necessary. Such grievances shall be processed as follows: - Between or 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.
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.
4. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. The grievance and arbitration procedure is to be made within four (4) working days the sole and exclusive remedy for any claimed breached 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. this Agreement.
g. If a meeting grievance 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 not processed 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 stage in accordance with the above procedure and the disposition of such grievancesstated time limits, if sustained, it 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 deemed withdrawn. All time limits as prescribed above may be modified are subject to extension, but only by mutual agreement of the partieswritten agreement.
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 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 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 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 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 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
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 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 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 [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 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 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
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 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 [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 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 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 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 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 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 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 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 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 discussed with his immediate supervisor within five (5) days 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 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 his 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 of Chief Executive Officer or his designate. A meeting will then be held between the decision of Chief Executive Officer, or his 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 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 Section 1: Every reasonable effort shall be made by the Employerparties to fairly resolve every grievance without resorting to the formal grievance procedure hereinafter set forth. To that end it is the intent of the parties that throughout the course of this agreement there shall be open and honest communication between them. Further, each full-time employee is encouraged, prior to the filing of any formal grievance, to discuss any question, issue or dispute concerning the application, meaning or interpretation of this agreement with his or her immediate supervisor as soon as possible after the question, issue, or dispute arises.
Section 2: If a grievance has not been informally resolved as above suggested, it may be submitted to the following grievance procedure:
Section 2.1: Within thirty (30) days after the acknowledgment of an occurrence or knowledge of such grievance, the aggrieved employee and/or the Union or any employee has shall, on a right form provided by the Union, reduce the grievance to lodge a grievance with respect writing, setting forth the aggrieved employee’s contention in full, including specific references to any matter arising out all sections of this Agreement or concerning agreement in dispute, and a proposed resolution, shall date and sign the interpretationgrievance and shall submit it to the Fire Chief who shall, application or alleged violation of this Agreementupon receipt, issue a dated receipt therefore.
15.02 Any Section 2.2: Within thirty (30) days after receipt of a grievance, the Fire Chief shall meet with the aggrieved 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 and a representative of the Union for review and adjustment by to discuss the Employergrievance.
Section 2.3: Within fourteen (14) days after meeting described in Section 2.2, if necessary. Such grievances the Fire chief shall be processed as follows: - Between provide the aggrieved employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise Union with a written response 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 failure of the Fire Chief to provide a written response within the time prescribed shall be deemed a denial of the grievance and the resolution requested and shall entitle the aggrieved employee and the Union to proceed as described in writing and returned the Section 2.4.
Section 2.4: If not satisfied with the Fire Chief’s response to a grievance, the aggrieved employee and/or the Union may, within fourteen (14) days after receipt of the Fire Chief’s response, submit the grievance to the officers Town Manager who shall, upon receipt, issue a dated receipt therefore. The failure of the Union. If considered necessary by aggrieved employee and/or the parties, a meeting may be held by Union to appeal the parties and may include the interested persons. If a meeting is held, the decision shall be given Fire Chief’s response 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 Town Manager shall commence at STEP TWO. In any subsequent disposal of this case during render 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 resolved in accordance with the above procedure Fire Chief’s response, which shall be final and binding upon the aggrieved employee and the disposition Union.
Section 2.5: Within fourteen (14) days after receipt of such grievancesa grievance, if sustainedthe Town Manager shall meet with the Fire Chief, shall include the determination aggrieved employee and a representative of the effective date of Union to discuss the increase with retro-activity theretogrievance.
15.05 The Employer Section 2.6: Within fourteen (14) days after the meeting described in Section 2.5, the Town Manager shall provide the aggrieved employee and the Union may file grievances commencing at STEP THREEwith a written response to the grievance. The failure of the Town Manager to provide a written response within the time prescribed shall be deemed a denial of the grievance and the resolution requested and shall entitle the Union to proceed as described in Section 2.7.
(a) Failing settlement under Section 2.7: Any grievance that has been properly and timely processed through the foregoing proceduregrievance procedure set forth above and has not been settled at the conclusion thereof, such grievance may be submitted appealed to Arbitrationarbitration by the Union in accordance with the following procedure: The Union may, as hereinafter provided;
within fourteen (b14) days, serve on the Town a written notice of its intention to appeal the grievance to arbitration. The time limits as prescribed above may be modified by mutual agreement failure of the partiesUnion to appeal shall render the grievance resolved in accordance with the Town Manager’s response.
Section 2.8: Time spent in grievance meetings with the Fire Chief and Town Manager may occur during an employee’s work time provided such meetings are scheduled to minimize interference with the employee’s regular duties.
Section 3: If a grievance is appealed to arbitration, the parties shall attempt, on their own, to agree upon an arbitrator. If they cannot agree within fourteen (14) days, the Union may, within fourteen (14) days submit the matter to the American Arbitration Association for the selection of an arbitrator in accordance with its Rules
Section 3.1: Arbitration shall be conducted as soon as mutually convenient for the parties after selection of the arbitrator. The arbitrator shall issue a written decision and award within forty five(45) days after the conclusion of the arbitration hearing. The written decision and award of the arbitrator on the merits of any grievance adjudicated within his or her jurisdiction and authority shall be final and binding upon the aggrieved employee, the Union and the Town
Section 3.2: The arbitrator as the authority to make the grievance whole, butwhole but lacks the authority to award punitive damages to the aggrieved employee and or the Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either 27.01 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 submitted within eighteen twenty (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 (720) 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 appealoccurrence, 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 time 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 extended by mutual agreement of the parties. The employee or employees, or the employer 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 representative 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 other 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 reinstatement in employment.
(d) The parties mutually agree to exclude the operation of Section 87 of the Labour Relations Code of British Columbia from this Agreement.
(a) Notwithstanding anything contained in Sections 27.01 and 27.02 herein, a failure of the company to carry out its obligations including but not limited to making its required contributions under Article 5 Dues Check-off; Article 14, - Educational Training and Retraining Fund and Plan; Article 23.01 and Appendix “B” G.C.I.U. Local 525-M Welfare Plan; Article 23.03 and Appendix “D” G.C.I.U. Local 525-M Dental Plan; Article 24 and Appendix “C”, G.C.I.U. Local 525-105B Pension Plan; Article 25 - G.C.I.U. Supplemental Retirement and Disability Fund; of this agreement may, as an alternative to Sections 27.01 arid 27.02 be 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 which a grievance must be filed or a matter referred to arbitration. Any breach by a Company 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.
(c) The Union, employers and trustees, or their agents, may submit a written notice of default to the Company 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.
(d) If the Company fails to make its required contributions or otherwise fails to comply with the plan within ten (10) days after the date of the notice the 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 final and binding arbitration.
(i) The Union, employers or trustees shall give reasonable notice to the Company 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 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 a Company 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 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 Company to perform its obligations pursuant to this agreement and relevant trust agreement or agreements, and may, in addition to ordering the Company to make all contributions owing, order the Company to pay interest on overdue contributions at such 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 Company acknowledges and agrees that the liquidated damages will be used to defer administrative costs and acknowledges the cost to be actual and substantial though difficult to ascertain, however, the Company 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 company's failure to comply with the terms and conditions of the relevant trust agreement and collective agreement.
(v) For the purposes of sub-section (iv), “reasonable counsel fee” shall mean all reasonable counsel fees in the amount for which the trustees become legally obligated, including the fee for recovery of liquidated damages, audit costs, filing fees, and any other expenses incurred by the trustees.
(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 a company as set out in this section notwithstanding any other provision of this agreement.
Appears in 1 contract
Samples: 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 Grievances arising out of this Agreement or concerning the interpretation, application or alleged violation of matters covered by this Agreement.
15.02 Any employee believing , disputes on conditions of employment, and complaints that he disciplinary action has been unjustly dealt with or that the provisions of this Agreement have not been complied withtaken for other than just cause, shall have the right to place such grievances will be processed in the hands of following manner:
Section 1. An employee or the Union for review and adjustment by having a grievance must take up the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, grievance with his Union representative and the Companyimmediate supervisor orally. 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 immediate supervisor shall give an oral decision his answer orally within four two (42) working days from the date the discussion took placedays. If the Union wishes to appeal to the next Stepemployee is not satisfied, the grievance employee shall write out a grievance. This shall be reduced to writing and Step 1 in the appeal shall be filed grievance procedure.
Section 2. If the employee or Union is not satisfied with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representativehe may, 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 days, put his grievance in writing and submit it to the date Chief or his designee.
Section 3. If the employee or the Union is not satisfied with the decision of dismissal the Chief or the Finance Director, he may appeal in writing to the Town Manager (Personnel Director) within five (5) working days. The Town Manager shall render his decision in writing within twelve (12) working days. This shall be Step 3 in the grievance process.
Section 4. If the decision of the Town Manager is not satisfactory to the Union, it may appeal to the State Board of Mediation and Arbitration within ten (10) working days. The decision of the Arbitration Board shall commence at STEP TWO. In any subsequent disposal be final and binding on both parties 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 Agreement. Arbitration shall be handled conducted by the State Board of Mediation and Arbitration in accordance with its rules and procedures. The arbitrators shall be confined in their decision to the above procedure meaning and interpretation or the disposition of such grievances, if sustained, shall include the determination application of the effective date specific provisions of this Agreement. There shall be no power to add to, subtract from, or modify this Agreement.
Section 5. If the grievance does not involve the immediate supervisor, he may be passed by with the grievance first taken up with the Chief in writing.
Section 6. Grievance should be initiated by the complainant or the Union within fifteen (15) working days of the increase with retro-activity theretooriginal cause or complaint or when the complainant or the Union knew or should have reasonably known of the cause or complaint, or such grievance shall be considered null and void.
15.05 Section 7. The employee, when discussing his grievance with Management, may be accompanied by an officer of the Union.
Section 8. The above times may be mutually extended, in writing, as may be necessary.
Section 9. The employee shall be in a pay status if on duty when processing a grievance, arbitration, or acting as a witness.
Section 10. The cost of arbitration shall be borne equally by the Employer and the
Section 11. Upon mutual agreement, the Union may file grievances commencing at STEP THREE.
(a) Failing settlement under parties shall utilize 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 expedited procedures of the partiesConnecticut State Board of Mediation and Arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either 13.01 In order to provide an orderly and speedy procedure for the Employersettling of grievances, the Company acknowledges the rights and duties of the Union Grievance Committee and the Union Stewards. The Xxxxxxx may assist any employee whom the Xxxxxxx represents in preparing and presenting his/her grievance in accordance with the grievance procedure.
13.02 The Union shall notify the Company in writing of the name of each Xxxxxxx and the department(s) he/she represents and the name of the Chief Xxxxxxx before the Company shall be required to recognize him/her.
13.03 An xxxxxxx effort will be made to settle all grievances or potential grievances promptly in the following manner: The employee, with or without a member of the Union Committee, shall first speak with their Supervisor or the Production Manager and they will do their best to resolve the difference. In the event a resolution is not reached, the grievance shall be placed in writing and given to the Plant Manager within three (3) working days of the Step One meeting. A meeting shall be scheduled within three (3) working days between the Plant Manager or designate and one (1) or more members of the Union Committee (with or without the grievor). Should the grievance not be resolved at the Step Two meeting then the Union or any employee has a right the Company may refer the grievance to lodge arbitration. If a grievance with respect is not taken to any matter arising out arbitration within fourteen (14) days of this Agreement or concerning the interpretationStep Two meeting, application or alleged violation of this Agreementthe grievance is deemed to have been abandoned.
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 13.04 Grievances must be filed and dealt with promptly. Any grievance which is not filed within eighteen fourteen (1814) working calendar days after of the event giving rise to the grievance occurs and within this period or of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date on which the discussion took place. If the Union wishes to appeal to the next Step, grievor should have known of the grievance shall be reduced deemed 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 abandoned.
13.05 Upon expiration 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 year from the date of the meeting.
15.03 In occurrence upon which a disciplinary entry or adverse reference to an employee’s conduct was entered in the employee’s personnel file (two (2) years in the case of a dismissalsuspension), a grievance may the Company will be filed by an precluded from using such entry or reference in any disciplinary action provided the 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 has not received further discipline 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.one
(a1) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided;
year period (btwo (2) The time limits as prescribed above may be modified by mutual agreement years in case of the partiessuspension).
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either the EmployerAn employee believes has been, the Union or any employee has a right to lodge a grievance with respect to any matter arising out is being unjustly-dealt with, 'throughdiscipline, distribution of this Agreement or concerning the interpretationwork, application or alleged violation of this Agreement.
15.02 Any employee believing that he has been unjustly dealt with or that any of the provisions of this the Collective 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 representative will, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise whenever possible, bring this to the grievance occurs and within this period attention of time it shall be discussed at this Stepsupervisor, or the Manager. The Manager shall give an oral decision within four (4) working days from After discussion with supervisor or 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 Companymatter is not settled satisfactorily, 'thenthe following steps in the grievance procedure shall apply. The discussion at Parties to this Step Agreement agree that all steps shall be held within seven (7) working days taken to assure that complaints relating to the administration or 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 date grievance procedure. It is understood that a reasonable amount of time may be spent by the members of the appealUnion grievance committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committees will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the operations. The decision of Company agrees,that it shall not prevent the Employer at this Step committee from properly fulfilling its obligations to investigate and settle grievances. The day" shall be in writing and be made within four (4) working days of the date of the meetingmean a day other than Saturday, Sunday, or recognized holiday. Should the Union wish to appeal, such notice of appeal must be in writing Subject to the Company/operator within one (1) week terms of this Agreement which relate to the investigation following administration of discipline of the decision of the Company at to discharge an employee, the following procedures shall be followed: STEP TWO. The grievance shall be forwarded to the Employerin writing, copy of 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 Manager and to 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 withxxxxxxx. Such The grievance must be filed presented to the Manager within five (5) working days after the occurrence of the matter complained of and the Manager shall answer the grievance presented to in writing, within five (5) working days after has received it. The grievance must be in a legible on a form provided by the Union and signed by the employee. 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 Manager, present the grievance in writing to the Vice President or designate, who shall render decision in writing within five (5) working days after receiving it. If the matter is not settled, the local chairman and/or representative may, within five (5) working days after receiving a written decision of dismissal the Vice President or designate, present the grievance to the President or designate. Following the presentation of the grievance at this step a meeting shall be arranged between management and shall commence at STEP TWOthe grievance committee (consisting of three (3) members only) which meeting will take place in seven (7) working days after the grievance has been presented to the President or designate. Union may within ten (10) working days of Step grievance meeting request the assistance of a Grievance Mediation Officer. In any subsequent disposal the instance of the matter not being resolved by the Grievance Mediation Officer, either Party shall within five (5) working days of this case during meeting, notify the other Party in writing of their intent to proceed to arbitration. The Parties shall within ten (10) working days of the written notification, attempt to agree on a single or sole arbitrator or in the alternative, advise the other Party of their nominee's name, address and telephone number. The hearing date for the arbitration shall occur within thirty (30) working days selection or appointment of the Chairperson. Nothing herein restricts either Party from any statutory right with respect to the arbitration process or selection, as may be provided by the relevant labour code. No matter shall be submitted to an arbitrator.which has not been properly carried through previous 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 procedure in accordance with the above procedure and Agreement. In the disposition of such grievances, if sustained, shall include event either the determination of the effective date of the increase with retro-activity thereto.
15.05 The Employer and Company or the Union may file grievances commencing at STEP THREE.
(a) Failing settlement under wish to present a policy grievance alleging the foregoing procedureviolation of this Agreement, such grievance may must be submitted to Arbitration, as hereinafter provided;
(b) The time limits as prescribed above may be modified by mutual agreement of the parties.presented in writing within seven
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 Department Manager 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 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 his Department Manager, 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 Chief Executive Officer of the decision of the Company at STEP TWOHospital. 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 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 (IO) days following the date of such meeting.
Appears in 1 contract
Samples: Part Time Collective Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. Should an employee covered by this Agreement claim to have a complaint involving the Employer, the Union interpretation or any employee has a right to lodge a grievance with respect to any matter arising out operation of this Agreement or concerning the interpretationas applied to him, 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 Steptaken up and disposed as provided in Step 1 following:
Step 1. 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 Within five (5) working days from the date the alleged grievance occurred, the employee, who will be accompanied by a xxxxxxx, shall take the matter up with his immediate supervisor. The supervisor shall make his disposition of dismissal and shall commence at STEP TWOthe matter prior to the completion of the next five (5) regular working days.
Step 2. In any subsequent disposal of this case during Should the disposition by the employee’s supervisor not be satisfactory, 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 reduced to writing (on forms provided for that purpose) and given to the above procedure and Company by the disposition of such grievances, if sustained, shall include Union for settlement by the determination head of the effective date of the increase with retro-activity thereto.
15.05 The Employer department involved and the Union may file grievances commencing Xxxxxxx. The Union must state on the grievance form what article and section of the Agreement that the Union claims has been violated. Should they fail to settle the matter within five (5) working days, the matter shall be referred to Step 3 following.
Step 3. By the Business Manager of the Union, or his designated representative, and the President of the Company, or his designated representative, who shall meet at STEP THREEa mutually agreed upon time and place and settle any matter presented as hereinbefore mentioned. The Company will provide its Step 3 answer within thirty (30) working days after the Step 3 meeting.
(a) Failing settlement under If the foregoing procedurematter is not one subject to arbitration, such grievance may the Company representative’s answer shall be submitted to Arbitration, as hereinafter provided;deemed final and binding.
(b) The If the matter is one subject to arbitration and remains unsolved, such matter shall be referred to an impartial Arbitrator for resolution.
Section 2. Whenever time limits as prescribed above are set forth in this Article, they may be modified changed by mutual agreement consent of the partiesCompany and the Union. Failure to respond to time limits set forth in this Article shall be deemed abandonment, unless changed by mutual consent. Either party may request the presence of the grievant and/or any other party that may present facts relative to the case in any of the step meetings above.
Section 3. Request for arbitration of a matter which is arbitrated under the terms of this Agreement may be filed by either party, with the other, within ten (10) working days dating from receipt of the Company’s written answer provided for in Step 3 above. The representative of the Company and the representative of the Union shall attempt to agree on an Arbitrator to pass upon the matter. If they are unable to agree upon an Arbitrator, they shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit to them a list of seven (7) names from which the Arbitrator will be selected by alternately striking one (1) name each. The person whose name remains on the list shall then be designated as the Arbitrator. Each party shall be responsible for one-half (½) of the expenses and fees of an Arbitrator designated under this Article.
Section 4. The Arbitrator shall be bound by the facts and evidence submitted to him. The decision of the Arbitrator shall be in writing and shall be final and binding upon the parties when rendered upon a matter within the authority of the Arbitrator and within the scope of matters, subject to arbitration as provided in this Agreement, and shall be void insofar as the decision exceeds the authority of the Arbitrator or passes upon matters not expressly made subject to arbitration under the terms of this Agreement.
Section 5. The Arbitrator’s award shall be based upon the purpose and intent of this Agreement. The Arbitrator shall have no authority to add or delete from or modify any terms of this Agreement. No settlement of a grievance as an arbitration award shall be retroactive beyond the date the grievance occurred.
Section 6. Unless it is mutually agreed otherwise, each grievance which is subject to arbitration shall be handled by a separate Arbitrator in a separate hearing, except that grievances arising out of an identical set of facts or the same incidents may be heard together.
Section 7. Each party shall be responsible for one-half (½) of the expenses and fees of an Arbitrator designated under this Article.
Section 8. Should it be determined that an employee other than a probationary employee was disciplined or discharged without just cause, he shall be restored to his former status, provided the Company shall have the right to credit against any back pay awarded any earnings, compensation or remuneration received by an employee from any source whatsoever during the period involved. The Company shall have thirty (30) days from the date of issuance of an arbitration award, or final judgment in the event of an appeal, to pay such award. The employee shall not be entitled to any interest on any back pay award, except that in the event that the Company does not pay the back pay with in thirty days (30), interest shall accrue on the award from the date of the award or final judgment, as applicable.
Appears in 1 contract
Samples: Collective Bargaining 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 necessary. Such grievances desired, shall be processed as follows: - Between within thirty (30) days of when 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 shall be discussed at this Stepwere known or should have reasonably been known to the grievor, raise the matter orally with the employee’s immediate supervisor. The Manager supervisor shall give an oral decision reply to the grievance within four (4) working days from the date the discussion took placeseven days.
Step 2. If the Union wishes to appeal employee is not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the next Stepsecond step of the grievance procedure. In such cases, 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 accompanied by a Union representative, the Department Managerwill, and the Company. The discussion at this within fourteen
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 Union3. If considered necessary by the partiestwo parties are unable to agree at Step 2, 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 then within seven (7) days from of receipt of an answer at Step 2, the date employee and the Union shall take up the grievance in writing with the Publisher (or his/her representative). The answer at this Step must be given in writing within seven (7) days.
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 meetingreply in Step 3.
15.03 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 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 procedureArbitration Board, the Employer may re-instate decision of the employee with full back paymajority is the decision of the Board but if there is no majority decision, suspend the employee for a definite period or sustain decision of the dischargeChair shall govern.
15.04 Grievances concerning rates 8. Each party shall be handled in accordance with pay the above procedure fees and expenses of its appointee to an Arbitration Board 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 THREEshall each pay one-half of the fees and expenses of the Chair or the single arbitrator.
(a) Failing settlement under 9. By mutual agreement between the foregoing procedureEmployer and the Union, such 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 submitted processed as quickly as possible. If the grieving party does not appeal the grievance to Arbitrationthe next successive stage within the specified appeal time limit, as hereinafter provided;the grievance shall be deemed to be abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage.
(b) The time 11. Time limits as prescribed above in this article may be modified extended by mutual agreement of the partiesagreement. In all cases, days means calendar days.
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 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 supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union Xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the 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 hands 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 him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days after the complaint or grievance has arisen, the employee, who may request the assistance of her Xxxxxxx shall present her grievance, in writing, on a form agreed upon by the Hospital and the Union, to her supervisor and if, within ten (IO) days from the time when such grievance was presented a decision satisfactory to the employee and the Representative of the Union for review and adjustment by is not given then; Within five (5) days following the Employer, if necessary. Such grievances shall be processed as follows: - Between decision in 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 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 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either 7.01 The parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the Employeradministration, the Union application 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 concerning finalised as quickly as possible. Every effort will be made to settle disputes during the interpretationearly 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, application 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.
7.02 An employee, who has completed his probationary period, will not be disciplined or alleged violation discharged without an investigation, and without just cause.
7.03 Management shall not call in any grievor to discuss the grievance with the employee unless the local chairperson or his designate is present.
7.04 Before a complaint is lodged, the employee shall discuss the matter with the Manager or designate.
7.05 Subject to the terms of this Agreement.
15.02 Any Agreement which relate to the investigation following administration of discipline or the decision of the company to discharge an employee, or an employee believing that who feels he has had 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 followsfollowed: - Between The Union, or the employee concerned, his Union representative and may in the Company. The presence of a member of the grievance must be filed within eighteen (18) working days after the event giving rise committee, shall submit a grievance in writing 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 of the date his knowledge of the appealcomplaint. The Branch Manager shall render his 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) working days from the date of receipt of the meetinggrievance. Failing satisfactory settlement at Step One, the local chairperson or member of the grievance committee may submit the grievance to the General Manager or his representative within ten (10) working days of receiving a decision under Step One. The General Manager or his representative shall render his decision within ten (10) working days of receipt of the grievance. Failing satisfactory settlement, the local chairperson and/or his accredited representative may present the grievance to the Director of Human Resources or his nominee within ten (10) working days after receiving a written decision of the General Manager or his nominee. Following the presentation of this grievance at Step Three, there shall be a meeting arranged between management and the union representatives to endeavour to settle the grievance. This meeting shall take place within ten (10) working days after the grievance has been presented to the Director of Human Resources or his nominee. When the Branch Manager and the General Manager is the same person, step 2 will be eliminated.
15.03 In 7.06 No matter shall be submitted to a board of arbitration that has not been properly carried through previous steps of the case grievance procedure in accordance with the Agreement.
7.07 The Union shall have the right to initiate a policy or a group grievance at step two of the grievance procedure and all provisions of the Grievance and Arbitration procedures shall apply to such grievances. A policy grievance shall not be filed with respect to the same subject matter that is already the subject of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt withor that could be the subject of a grievance filed by an employee. Such A group grievance must is defined as one which alleges incorrect interpretation or application of the collective agreement involving a matter of concern to a group of employees, arising out of the same facts. The Union shall have the right to initiate a policy or a group grievance and the Company shall have the right to initiate a grievance at Step 2 of the grievance procedure and all provisions of the Grievance and Arbitration Procedures shall apply to such grievances. A Policy grievance shall not be filed with respect to the same subject matter that is already the subject of a grievance filed by an employee or could be the subject of a grievance filed by an employee. A group grievance is defined and limited to one which alleges incorrect interpretation or application of the collective agreement involving a matter of concern to a group of employees, arising out of the same facts. The Company shall respond within five ten (510) working days from of receipt of the date of dismissal and shall commence at STEP TWOgrievance.
7.08 All time limits as specified herein for the grievance or arbitration procedures may be extended but only by mutual agreement confirmed in writing. In any subsequent disposal particular, it is recognised that when a person involved in a grievance or all members of the grievance committee are not available due to absence away from home, then 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.
7.09 Time set for grievances, arbitrations and investigations shall not include Saturdays, Sundays and Public Holidays for both Company and Union.
7.10 Either party to this Agreement who violates the time periods as defined in this Article shall be recognized as having yielded and must concede the case during to the other party. The parties agree to mutually extend the time limits as set out in 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 7.11 An employee, other than the Grievor, who is called upon by the Company to attend hearings etc. shall be handled in accordance with paid for all time lost plus expenses agreed upon by an appointed officer of the above procedure Company and the disposition of such grievances, if sustained, shall include the determination authorised representative of the effective date of the increase with retro-activity theretoUnion.
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 of this Agreement, the Union or any employee has a right to lodge a grievance with respect or com- plaint 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 . The grievance shall the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an 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, upon request, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to place suspend or dis- charge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three days. It is the hands mutual desire of the Union for review parties hereto that com- plaints 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 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, with his Union representative and the Company. The grievance must be filed immediate super- visor 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 five days, it shall then be taken up as a grievance within five 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 his 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. Failing settlement, then: 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 Department Head, who will deliver his decision in writing within five (5) 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: Step 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 Stepimmedi- ately 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 desig- nated 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. Policy Grievance A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, applica- tion or alleged violation of the Agreement shall be originated at Step within ten days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance, it shall be filed with the Grievance Committee.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a A grievance with respect to shall be any matter arising out alleging a violation of this Agreement or concerning the interpretation, application or alleged violation express terms of this Agreement.
15.02 Any employee believing that he has been unjustly dealt with Section 1. Should differences arise between the Employer and the Union, or that individual employees, as to the meaning and application of any specific provisions of this Agreement have not been complied withAgreement, such differences shall have the right to place such grievances be adjusted 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 grievance aggrieved employee(s) 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 his xxxxxxx and 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 employee's immediate supervisor within five (5) working days from after the date reason for the grievance has occurred, or the employee has knowledge thereof. Every reasonable effort to adjust the grievance shall be made by the aggrieved employee, the xxxxxxx and the Director of dismissal Campus Security. If a satisfactory resolution is not reached within five (5) working days after the initial conference, the grievance shall be submitted to the Director of Human Resources and the Union's President.
Step 2. The Union President, within ten (10) working days after receipt of the written grievance, shall commence at STEP TWOmeet and confer with the Director of Human Resources. In any subsequent disposal The Director of Human Resources shall give a written reply to the grievance within five (5) working days after the conference with the Union President.
Step 3. If the matter is unresolved, the grievance shall be forwarded to the Vice President of Student Development within five (5) working days. The parties shall meet and confer over the matter and a written decision shall be issued within five (5) working days after the conference.
Step 4. If no satisfactory settlement can be reached by means of the above-described procedure, either party may submit the dispute to the FMCS for the submission of a panel of arbitrators and final and binding arbitration in accordance with its rules. There shall be no consolidation of grievances under one Demand for Arbitration without the express agreement of both parties.
Section 2. The decision of the arbitrator selected by the parties shall be final and binding, but the arbitrator shall have no power or authority to add to, subtract from, or to modify the provisions of this case Agreement. Any expense of the arbitrator shall be shared equally by the Employer and the Union, but each party shall bear its own legal expenses.
Section 3. The xxxxxxx shall be permitted a reasonable amount of time to investigate and process grievances without loss of pay during regular working hours, but only after notification to his supervisor. Employees may have the xxxxxxx or the Union president, present during the discussion of any grievance procedurewith Employer representatives, the Employer may re-instate if the employee so desires. The Union acknowledges that the primary responsibility of the xxxxxxx is the performance of his regular duties and the Union agrees that the xxxxxxx shall not unnecessarily absent himself from such duties in connection with full back pay, suspend the employee for a definite period or sustain the dischargeprocessing of grievances.
15.04 Grievances concerning rates Section 4. All time limitations set forth herein shall be handled exclusive of Saturdays, Sundays and holidays and can be mutually extended by the parties. A grievance not appealed to the next higher step within the time limitations set forth herein shall be deemed to have been settled in accordance with the above procedure Employer's determination and no appeal therefrom shall be taken.
Section 5. Nothing herein shall be deemed to exclude the disposition of such grievancesUnion, if sustainedthrough its representatives, shall include the determination from filing a "class action" type grievance on behalf of the effective date of employees in the increase with retro-activity theretobargaining unit.
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 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 Centre 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 Centre shall notify the employee of his right in advance. Where the Centre deems it necessary to suspend or discharge an employee, the Centre 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 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 his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The 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 Centre 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 their designate. A meeting will then be held between the decision Director of Human Resources or their 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 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 Centre shall be delivered in writing within ten (IO) days following the date of such meeting.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either A. All disputes, controversies or grievances between the parties arising out of this Agreement, or the interpretation of any of its provisions shall be resolved solely through this grievance procedure. The first 3 steps of this procedure shall apply to all bargaining unit employees. Step 4, binding arbitration, shall only apply to employees of the bargaining unit who actually work at least 120 hours in the first 6 months of employment between October 1 and September 30 of the first year of employment. After the first year of employment, Step 4, binding arbitration will apply to all employees who actually worked at least 100 hours in the previous year (October 1 through September 30). The parties agree to provide each other with all information requested that is useful in resolving grievances under the grievance procedure.
STEP 1 The Union representative or affected employee and the designated Employer representative may attempt to adjust informally all disputes between the parties. Such informal discussions shall not, however, affect the time frame to process grievances/arbitrations under this Agreement. Upon failure of settlement or adjustment under Step 1 above, a grievance must be filed in writing with the Employer’s Vice President of Operations by the Union Representative on behalf of the grievant within twenty-five (25) calendar days from the date the grievant initiated the grievance, knew of the grievance or should have known of the existence of the grievance. The Vice President shall reply to the grievance within fourteen (14) calendar days from the receipt by the Vice President of the grievance.
STEP 3 If the grievance is not resolved through Step 2, the Employer’s Vice President of Operations and the Union Representative shall meet and discuss the grievance within fifteen (15) calendar days of the Vice President’s reply at Step 2. In the event the grievance is not resolved as a result of such meeting and discussion, the Employer shall respond within fifteen (15) calendar days. If the grievance is not resolved at Step 3, the grievance may be referred to arbitration, provided that the Union has notified the Employer that it intends to arbitrate the disputed grievance within thirty (30) calendar days of the Employer’s denial of the grievance at Step 3. If the Employer and the Union are unable to agree to an arbitrator, selection of the arbitrator shall be made pursuant to the rules and regulations of the New Jersey State Board of Mediation. The grievance shall be submitted in writing to the arbitrator finally selected in the foregoing manner. The decision of the arbitrator shall be final and binding on the Employer, the Union and the affected employee(s). The arbitrator shall not have the power or any employee has a right authority to lodge alter, amend, change, delete, or add to this Agreement. Any fees and expenses of the arbitration shall be borne equally between the Employer and the Union.
B. Any grievance not timely presented or timely processed by the Union as described above shall be deemed waived and may not be presented by the Union thereafter. If the Employer does not respond to a grievance with respect to any matter arising out of this Agreement or concerning within the interpretationperiods set forth above, 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 pursue the grievance, the Union shall advance the grievance to the next Stepstep as provided herein, 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 without prejudice 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 partiesparties may, 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 agreement, accelerate or extend the partiestime periods for each step set forth herein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either For the Employerpurpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the patties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to 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 suspension or any discharge in writing, within three (3) days. It is the 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 right union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisorwithin five (5)days after the circumstances giving rise to lodge 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 with respect 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 any matter his manager or designate. The employee may be accompanied by a Union xxxxxxx. The manager or designate 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 at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Director, Human Resources. A meeting will then be held between the Director, Human Resources or designate and the designated union representativeswho may be accompanied by the general representativeof the Union, within five (5) days of the submission of the grievance at 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. PoI Grievance A complaint or grievance arising out of this Agreement or directly between the Hospital and the Union concerning the interpretation, application or alleged violation of this Agreement.
15.02 Any employee believing that he has been unjustly dealt with or the Agreement shall be originated at Step within ten (1O) days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Agreement Article may not be used with respect to a grievance directly affecting an employee which he could 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 instituted himself and the Companyregular grievance procedure shall not be thereby by- passed. The grievance must be filed within eighteen (18) working days after the event giving rise to Where the grievance occurs and within this period of time is a Hospital grievance 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 meetingGrievance Committee.
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 Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge 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. An answer shall be given not later than one (1) working day following presentation of the grievance by the Shop Xxxxxxx. 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. The Employer's representative on the job shall render his decision not later than two (2) working days of being presented with the grievance. The 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 (2) working days following the presentation of the grievance to him. The Employer at this Step 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 grievance to them. Failing settlement any grievance shall be subject to arbitration in accordance with the following clauses. 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 Union wish to appealgrieving party not be satisfied with the results, such notice of appeal must the procedure will be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWOas follows. The grievance shall be forwarded Union and the Employer agree upon an arbitrator who is willing 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 UnionArbitrator. If considered necessary 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. 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. The cost of the Arbitrator shall be borne equally by both parties (Employer Union). 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 1 contract
Samples: Combined Commercial 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 com- plaint 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 . The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an 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, upon request, to 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 place suspend or dis- charge 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 com- plaints 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 super- visor 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 days, it shall then be taken up as a grievance within five 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 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: Within five (5) days following the decision under Step 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 five days following the day on which the grievance occurs as 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; 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 Stepimmedi- ately 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 desig- nated union representative 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) 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 submis- sion 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 meetings. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, applica- tion or alleged violation of the Agreement shall be originated at Step within ten days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee.
Appears in 1 contract
Samples: Collective 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 the Employer, Section 1: A grievance is defined as an allegation by an employee or the Union or any employee that the Region 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 violated an express provision of this Agreement.
15.02 Section 2: Step One (Oral). Any employee believing that he has been unjustly dealt a grievance shall (with or that without Union assistance) discuss the provisions of this Agreement have not been complied with, shall have matter directly with his or her supervisor in an attempt to adjust 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 placegrievance. If the Union wishes to appeal to the next Stepgrievance is not satisfactorily adjusted, the grievance shall it must be reduced to writing within fourteen (14) calendar days to be moved to Step 2.
Section 3: Step 2 (Written). Written grievances must be presented in writing to the Collections Director or designee within fourteen (14) calendar days after the occurrence or knowledge of the violation. Upon being presented a grievance, the Employer’s desig- nated representative will arrange a meeting with the employee and the appeal shall be filed with Union’s to dis- cuss 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 grievance 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 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 written grievance. The disposition shall be em- ployee’s supervisor, or his designated representative, will then answer the grievance in writing and returned to the officers of the Union. If considered necessary by the partieswriting, 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) calendar days from the date of the meeting.
15.03 In Section 4: Step 3 (Written). Within fourteen (14) calendar days of receiving the case Step 2 answer, the union may seek further adjustment by appealing to the Director of Labor Relations or his/her designee, in writing. The Director of Labor Relations or his/her designee shall have a dismissal, meeting/discussion with the Union at a grievance may time to be filed by an employee who feels he was unjustly dealt withmutually agreed upon (within fourteen (14) days) to discuss the grievance. Such grievance must be filed within five (5) working days from the date The Director of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during Labor Relations or his/her designee will answer 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 within fourteen (14) calendar days of the effective date of the increase with retro-activity theretomeeting/discussion.
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 and arbitration procedures set forth herein shall be the Employersole and exclusive method to be used by an employee, group of employees, or the Union for the settlement of disputes involving the interpretation or application of any employee has a right to lodge a grievance with respect to any matter arising out provision of this Agreement Collective Bargaining Agreement. Employee discipline shall be subject to this Grievance and Arbitration procedure, but only to the extent set forth below. In the event an employee is given a directive by a supervisor which he or concerning the interpretation, application or alleged violation of this Agreement.
15.02 Any employee believing that he has been unjustly dealt she believes to be in conflict with or that the provisions of this Agreement have agreement, the employee shall comply with the directive at the time given, but may thereafter grieve such directive to the extent permitted by this Agreement. The employee's compliance with such directive shall not been complied with, shall have the prejudice his or her right to place such grievances in pursue a gnevance.
Section 2. A grievance shall be defined as and limited to a dispute or disputes involving the hands interpretation or application of a specific part or parts of this Agreement, and discipline, but only to the extent set forth herein. Any grievance filed under this procedure shall contain a short statement 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 facts giving rise to the grievance occurs grievance, the section(s) of the agreement alleged to have been violated, the date(s) of the alleged violation, the specific remedy sought, the date of submission and within this period response from the Informal Step (if applicable), and shall bear the name and signature of time it any and all employees bringing the grievance, except when the Union itself brings the grievance, in which case the same information shall be discussed at this Stepincluded but the grievance will be signed by an officer of the Union, who shall also identify the employees on whose behalf the grievance is filed. The Manager No grievance will be accepted which does not specifically set forth all the parts of the contract which are disputed or which are the subject of the dispute, and the grievance and arbitration shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal be limited to the next Stepsection(s) so identified. Discipline shall be subject to this grievance procedure only where it involves the suspension, demotion or discharge of employees other than those in an initial probationary period. Oral or written reprimands may only be grieved through Step 2. An employee on a promotional probationary period may not grieve a return to the former rank held. Moreover, where a matter regarding discipline could be appealed through multiple forums, then only one appeal shall be permitted, with the grievant electing the process to be used at the outset pursuant to Section 447.401, Florida Statutes. At all steps within the grievance procedure the employee or employees bringing the grievance shall be reduced entitled 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, have the Union representativerepresentative in attendance to assist him or her. For the purpose of this article, workdays shall not be defined with reference to the Department Managerindividual Grievant or Grievants, and the Companybut rather shall mean 0800 to 1700 hours, Monday through Friday, excluding holidays designated by this Agreement. The discussion at this Step shall be held within seven (7) working days day of the date of the appeal. The decision of the Employer at this Step event shall not be counted when determining if a grievance was filed 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 TWOa timely manner.
Section 3. The grievance procedure shall be forwarded to administered in 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.following manner:
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 a amount of time may be spent by the members of the Union or any employee has a right Grievance Committee in order to lodge a investigate and participate in grievance matters and the Union agrees that the members of its Committees will co-operate with respect the Company in not conducting investigations in which unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to any matter arising out investigate and grievances. Subject to the terms of this Agreement or agreement, any difference concerning the interpretation, application application, administration or alleged violation of this Agreement.
15.02 Any violation, may be employee believing that he has been unjustly dealt with discharged or that the provisions of this Agreement have not been complied withdisciplined, 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 or who feels shall be processed as follows: - Between in writing, copy of which shall be given to the employee concerned, his Union representative and to the Companyemployees' Xxxxxxx. The grievance must be filed the Manager within eighteen five (185) working days after the event giving rise the matter of; and the shall answer' writing, within five (5) working days after he has received e must be in a legible form and signed by the employee. not been settled, the Union Xxxxxxx of the employee five (5) working days after receiving the written present the grievance in writing to the General who shall render his decision in writing within five CollectiveAgreement Windsor -And- CAW Local Page Following the presentation of the grievance occurs at this Step there shall be arranged a meeting between Management and the Grievance Committee (consisting of two (2) members only) which meeting will take place in five (5 )working days after the grievance has been presented. The National Representative, Local President or their nominee may attend. A written response shall be given by Management within five days. In the event that the matter has not been settled either party 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 referring the matter to Arbitration will state the specific matter to be with and provide the names of three Arbitrators to hear and decide the matter. In the event the other party does not agree with any of the choice of Arbitrators, they will offer three alternate choices. Failure to agree on an Arbitrator, the parties will apply to the Canada Labour Relations Board for an appointment. The Arbitrator shall then forthwith consider and determine the matters in issue which have been submitted to them for disposal und the decision of the Arbitrator shall final and binding on all parties concerned. The parties shall jointly and equally bear the expense, of a single Arbitrator.
(a) No matter shall be to a board of Arbitration which has not properly carried through previous steps of the Grievance Procedure in accordance with the Agreement. Failure io grieve previous discipline, or to pursue such a grievance to arbitration, not be considered an admission that such discipline was justified. In the event of either the Company or the Union wishing to present a policy grievance alleging the violation of this period Agreement, such grievance must be presented in writing within seven (7) working days after the occurrence of time the matter complained of. If the Union files such grievance, it shall be discussed at this Stepdone by the Local Chairperson submitting a statement of the claim to the General Manager or his 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. The Agreement Between: (Windsor Branch]-And- CAW Local Page If the Company files such a grievance, it shall be done by the General Manager or his nominee submitting a written statement of the grievance to the Local Chairperson of the Union, he shall give an oral decision answer the grievance in writing within four (4) working days from and if the date the discussion took place. If matter is not settled, there shall be a meeting between the Union wishes to appeal to the next Step, the grievance shall be reduced to writing Grievance Committee 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 Management within seven (7) working days after the Local Chairperson has submitted his answer. A reference of any matter to arbitration shall then follow the other set forth in this Agreement. All time limits as specified herein for the grievance or arbitration procedures may be extended but only by mutual agreement confirmed in writing. In particular, it is recognized that when a person involved in a grievance or all members of the date Grievance Committee are not available due to absence away from home, then the parties will co-operate to provide a reasonable extension of a time limit as specified for 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 appealpresentation, 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 processing or discussion the grievance. Other than the initiation of a grievance when either party the time limits, then the grievance will proceed to the next step. The disposition shall be Union will advise the Company in writing when a grievance is dropped. Time set for grievances, arbitration and returned to the officers of the investigations shall not include Saturdays, Sundays and Public Holidays for both Company and Union. If considered necessary by the partiesDisciplinary action, a meeting may where necessary, will not 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 TWOunduly delayed. In any subsequent disposal hearing involving the discipline of this case during the grievance procedurean employee, the Employer employee may re-instate be accompanied to (3) members of the Grievance at employee's discretion. It is the Company's responsibility to inform the employee with full back pay, suspend of his right to have a Union representative of choice attend the employee for a definite period or sustain meeting the dischargeemployee.
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 Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. It is recognized that, from time to time, dispute(s) between the Employer, the Union Company and its employees may occur. The employees will try to settle these differences as quickly as possible with their immediate fxxxxxx or any supervisor. The employee has a the right to lodge be accompanied and assisted by a Sxxxxxx or Committee Member. If the disagreement cannot be resolved between the parties, a grievance with respect may be filed. A “grievance” is a dispute as to any matter arising out of this Agreement or concerning the interpretation, application application, or alleged violation of any of the provisions of this Agreement.
15.02 Any employee believing Section 2. Should a grievance arise that he has been unjustly dealt is not verbally settled with or that the provisions of this Agreement have not been complied withimmediate supervisor, shall have the right an exxxxxx effort will be made to place settle such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following manner:
Step 1: The grievance 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 presented in writing to the grievance occurs and Human Resources Department within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four fifteen (415) working days from the date time the discussion took placeemployee has knowledge of the occurrence. The supervisor has fifteen (15) days to respond in writing to the grievance. If the supervisor’s written answer is not accepted, the Union wishes must advance the grievance through the Human Resources Department to appeal the applicable manager or his designee in writing within fifteen (15) days following the supervisor’s written answer.
Step 2: The applicable manager or his designee will have up to fifteen (15) days to conduct a grievance meeting. The meeting will be comprised of no more than three Union Representatives and up to three Company Representatives, to include at least one representative from the department from which the grievance arose. In an exxxxxx effort to resolve the dispute, the Company and Union will disclose throughout the grievance process, facts and information relied upon. Following the meeting the Company will have fifteen (15) days to respond in writing to the grievance. The Union will have fifteen (15) days to respond in writing to the Companies’ answer from the second step meeting.
Section 3. Failure by either party to comply with the time limits set forth in this Article shall result in the grievance being advanced to the next Stepstep. The time limits set forth in this Article may be extended, in writing, by mutual agreement, on a case-by-case basis. The Company will pay for time spent by Union representatives in grievance meetings that are scheduled during their regular working hours.
Section 4. If the answer from the grievance Step 2 meeting is not accepted by the Union, the grievance shall will automatically be referred to arbitration. The Company and Union will agree on a tentative date for the arbitration, not to exceed 50 days following the Union’s notice to the Company that they do not accept the Company’s Step 2 response.
A. The Company and the Union mutually agree to select a three (3)-member arbitration panel. The arbitrators will normally reside in the State of Montana and will have direct experience in collective bargaining disputes. The parties will establish a rotation for the arbitration panel. Following the hearing, the arbitrator’s decision will 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 submitted 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 both 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 the hearing.
B. Should the members of the panel be unavailable or in instances where the Company and the Union determine not to use a member of the Panel, the following procedure will be utilized. The parties shall refer the grievance to the Federal Mediation and Conciliation Service. The parties shall request the Federal Mediation Service to submit a panel of seven (7) arbitrators. Each party shall have the right to reject one panel of arbitrators. Striking of the first name shall be determined by the flip of a coin and then the parties shall alternately strike a name until one arbitrator is left. The arbitrator shall be notified of selection by a letter from the parties requesting that the arbitrator set a time for the hearing, subject to the availability of the Company and the Union representative. Arbitration hearings shall be held in Billings, Montana.
Section 5. In rendering a decision, the arbitrator will be governed and limited by this Agreement’s provisions, applicable law, and the expressed intent of the parties as described in this Agreement. The arbitrator will have no power to add to, subtract from, or modify any of the terms and provisions of this Agreement, or substitute his judgment for that of the Company. The arbitrator will confine his judgment strictly to the facts submitted in the hearing, the evidence before him, and this Agreement’s express terms and provisions. The arbitrator’s decision will be final and binding upon the parties.
Section 6. The Company and the Union shall bear the costs of their respective expenses, and shall commence at STEP TWOshare, equally, the cost of the arbitrator.
Section 7. In The Union and the employees waive their right to pursue any subsequent disposal judicial or administrative remedy against the Company as to any matter subject to the procedures established in this Article until such procedures are exhausted. Any settlement under the procedures established under this Article, short of this case arbitration, will be binding upon the Company, the Union, and the employees and will preclude any further administrative or judicial relief.
Section 8. Any employee has the right to have a Sxxxxxx or Committee Member present if they are called into a meeting, which may result in disciplinary action.
Section 9. If it is necessary for a Sxxxxxx or Committee Member to take time off during their regularly scheduled shift to investigate or resolve a grievance, they shall request the permission of their immediate supervisor, which permission shall not be unreasonably withheld. When a Sxxxxxx or Committee Member enters an area other than their normal work area, they shall inform the supervisor of that area of their presence and reason for being there. As well, a Sxxxxxx or Committee Member shall inform their supervisor when returning to their normal work area or duties.
Section 10. Grievances dealing with suspensions and/or discharges will be moved immediately to Step 2 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 Section 11. The Union, by not exercising any functions thus reserved to it or by exercising any such function in accordance with the above procedure and the disposition of such grievances, if sustaineda particular way, shall include the determination of the effective date of the increase with retro-activity theretonot be deemed to have waived its right to exercise such function as set forth in this Agreement.
15.05 The Employer and Section 12. Stewards will be compensated for time spent in grievance meetings when the Union may file grievances commencing at STEP THREEmeetings are held during their regularly scheduled work shift or when the Sxxxxxx is specifically requested by the Company.
(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 (Stillwater Mining Co /De/)
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: - STEP ONE Between the employee concerned, his Union representative and the CompanyManager and/or Owner. 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 Manager's oral decision. STEP TWO Between the employee concerned, the Union representative, the Department Manager, and/or the Owner. Fortino's 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. Fortino's 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 retroactivity thereto.
15.05 . 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. 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 1 contract
Samples: 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 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 the appeal shall be filed with the Store Manger Owner within six (6) working days from the Store ManagerOwner's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the CompanyOwner. 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 Companyowner/operator within one (1) week of the decision of the Company at STEP TWO. STEP THREE 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 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 7.01 For the Employerpurpose of this Collective Agreement, the Union definition of a grievance shall be any complaint or any claim concerning alleged violation, interpretation, application, and administration of this agreement.
7.02 If an employee has any complaint or question which he wishes to discuss with the Company, he shall take the matter up with his immediate supervisor, and the employee, at his discretion, may be accompanied by 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 AgreementUnion representative.
15.02 Any employee believing that he has been unjustly dealt with or that 7.03 If the provisions of this Agreement have complaint is not been complied with, shall have resolved to the right to place such grievances in the hands satisfaction of the Union for review and adjustment by employee, a written grievance may be submitted to the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, Supervisor and/or Team Leader not later than five (5) of 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 appealincident. The Supervisor and/or Team Leader will organize a meeting within five (5) days after receiving the grievance and will respond within two (2) days after the meeting has been held. If no agreement is reached, then:
7.04 The Union may at its discretion file the grievance with the Mill Manager within five (5) days after receiving the decision in 7.03. The Mill Manager shall, within five (5) days of receipt of the Employer at this Step shall be written grievance, schedule a meeting (maximum 15 days). A decision 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 will be given to the other party Union Committee within seven five (75) days from the date of the meeting.
15.03 In 7.05 Within five (5) days after receiving the case of decision from 7.04, the Union Committee may request a dismissal, a grievance may meeting with the Mill Manager and outside representatives designated to represent the Local Union and the Company. A decision in writing will be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed given to the Union Committee 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 the employee for a definite period or sustain the dischargemeeting.
15.04 Grievances concerning rates 7.06 It is understood that a grievance filed by the Union shall not include any matter upon which an employee would be handled in accordance with the above procedure personally entitled to grieve and the disposition of such grievances, if sustained, regular grievance procedure for personal grievance shall include the determination of the effective date of the increase with retronot be thereby by-activity thereto.
15.05 The Employer and the Union may file grievances commencing at STEP THREE.
(a) Failing settlement under the foregoing procedure, such passed. A union grievance may be submitted to Arbitrationthe Company in writing, within twenty (20) days from the time the circumstances upon which the grievance is based were known to the Union. A meeting between the Company and the Union shall be held within ten (10) days of the written grievance and shall take place within the framework of Step 3 of this Article. The Company shall give its written decision within ten (10) days of such meeting. If the decision is unsatisfactory to the Union, the grievance may be submitted to arbitration within thirty (30) days of receipt of the written answer and the arbitration sections of this Agreement shall be followed.
7.07 A group grievance (defined as hereinafter provided;
(ba grievance submitted by two or more employees dealing with the exact same issues and circumstances) The will be filed at Step 1 of the grievance procedure, and the time limits as prescribed above may be modified by mutual agreement of in the partiesgrievance procedure will apply.
Appears in 1 contract
Samples: Trade Union Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. It is recognized that, from time to time, dispute(s) between the Employer, the Union Company and its employees may occur. The employees will try to settle these differences as quickly as possible with their immediate fxxxxxx or any supervisor. The employee has a the right to lodge be accompanied and assisted by a Sxxxxxx or Committee Member. If the disagreement cannot be resolved between the parties, a grievance with respect may be filed. A “grievance” is a dispute as to any matter arising out of this Agreement or concerning the interpretation, application application, or alleged violation of any of the provisions of this Agreement.
15.02 Any employee believing Section 2. Should a grievance arise that he has been unjustly dealt is not verbally settled with or that the provisions of this Agreement have not been complied withimmediate supervisor, shall have the right an exxxxxx effort will be made to place settle such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following manner:
Step 1: The grievance 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 presented in writing to the grievance occurs and Human Resources Department within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four fifteen (415) working days from the date time the discussion took placeemployee has knowledge of the occurrence. The supervisor has fifteen (15) days to respond in writing to the grievance. If the supervisor’s written answer is not accepted, the Union wishes must advance the grievance through the Human Resources Department to appeal the applicable manager or his designee in writing within fifteen (15) days following the supervisor’s written answer.
Step 2: The applicable manager or his designee will have up to fifteen (15) days to conduct a grievance meeting. The meeting will be comprised of no more than three Union Representatives and up to three Company Representatives, to include at least one representative from the department from which the grievance arose. In an exxxxxx effort to resolve the dispute, the Company and Union will disclose throughout the grievance process, facts and information relied upon. Following the meeting the Company will have fifteen (15) days to respond in writing to the grievance. The Union will have fifteen (15) days to respond in writing to the Companies’ answer from the second step meeting.
Section 3. Failure by either party to comply with the time limits set forth in this Article shall result in the grievance being advanced to the next Stepstep. The time limits set forth in this Article may be extended, in writing, by mutual agreement, on a case-by-case basis. The Company will pay for time spent by Union representatives in grievance meetings that are scheduled during their regular working hours.
Section 4. If the answer from the grievance Step 2 meeting is not accepted by the Union, the grievance shall will automatically be referred to arbitration. The Company and Union will agree on a tentative date for the arbitration, not to exceed 50 days following the Union’s notice to the Company that they do not accept the Company’s Step 2 response.
A. The Company and the Union mutually agree to select a three (3)-member arbitration panel. The arbitrators will normally reside in the State of Montana and will have direct experience in collective bargaining disputes. The parties will establish a rotation for the arbitration panel. Following the hearing, the arbitrator’s decision will 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 submitted 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 both 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 the hearing.
B. Should the members of the panel be unavailable or in instances where the Company and the Union determine not to use a member of the Panel, the following procedure will be utilized. The parties shall refer the grievance to the Federal Mediation and Conciliation Service. The parties shall request the Federal Mediation Service to submit a panel of seven (7) arbitrators. Each party shall have the right to reject one panel of arbitrators. Striking of the first name shall be determined by the flip of a coin and then the parties shall alternately strike a name until one arbitrator is left. The arbitrator shall be notified of selection by a letter from the parties requesting that the arbitrator set a time for the hearing, subject to the availability of the Company and the Union representative. Arbitration hearings shall be held in Billings, Montana.
Section 5. In rendering a decision, the arbitrator will be governed and limited by this Agreement’s provisions, applicable law, and the expressed intent of the parties as described in this Agreement. The arbitrator will have no power to add to, subtract from, or modify any of the terms and provisions of this Agreement, or substitute his judgment for that of the Company. The arbitrator will confine his judgment strictly to the facts submitted in the hearing, the evidence before him, and this Agreement’s express terms and provisions. The arbitrator’s decision will be final and binding upon the parties.
Section 6. The Company and the Union shall bear the costs of their respective expenses, and shall commence at STEP TWOshare, equally, the cost of the arbitrator.
Section 7. In The Union and the employees waive their right to pursue any subsequent disposal judicial or administrative remedy against the Company as to any matter subject to the procedures established in this Article until such procedures are exhausted. Any settlement under the procedures established under this Article, short of this case arbitration, will be binding upon the Company, the Union, and the employees and will preclude any further administrative or judicial relief.
Section 8. Any employee has the right to have a Sxxxxxx or Committee Member present if they are called into a meeting, which may result in disciplinary action.
Section 9. If it is necessary for a Sxxxxxx or Committee Member to take time off during their regularly scheduled shift to investigate or resolve a grievance, they shall request the permission of their immediate supervisor, which permission shall not be unreasonably withheld. When a Sxxxxxx or Committee Member enters an area other than their normal work area, they shall inform the supervisor of that area of their presence and reason for being there. As well, a Sxxxxxx or Committee Member shall inform their supervisor when returning to their normal work area or duties.
Section 10. Grievances dealing with suspensions and/or discharges will be moved immediately to Step 2 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 Section 11. The Union, by not exercising any functions thus reserved to it or by exercising any such function in accordance with the above procedure and the disposition of such grievances, if sustaineda particular way, shall include the determination of the effective date of the increase with retro-activity theretonot be deemed to have waived its right to exercise such function as set forth in this Agreement.
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 (Stillwater Mining Co /De/)
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 com- plaint 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 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 TWOAgreement. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. The disposition At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall be in writing and returned have the right, upon request, to the officers presence of the Unionhis/her xxxxxxx. 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 suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints 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 dismissalunion xxxxxxx if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. 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 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 filed accompanied by an employee who feels he was unjustly dealt witha Union xxxxxxx. Such grievance must be filed The immediate supervisor will deliver his decision in writing within five (5) working days from following the date of dismissal and day on which the written grievance was presented to him. Failing settlement then:
Step 2 Within five days following the decision under Step 1 the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall commence at STEP TWO. In any subsequent disposal of this case during submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance procedure, was presented to him. This step may be omitted where the Employer may re-instate employee's immediate supervisor and Department Head are 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) same person. 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.then:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either 9.01 Any employee covered by this Agreement may place a grievance before his Property Manager within five (5) days from the Employertime the circumstances upon which the grievance is based were known or could reasonably have been known by the grievor. Such employee may be accompanied by a Xxxxxxx.
9.02 If the Property Manager's reply is not satisfactory the grievance may be reduced to writing and delivered by mail or otherwise within three (3) days to the Regional Property Manager or Human Resources, the Regional Property Manager or Human Resources shall call a meeting of representatives, of the Company and of the Union within one (1) week. At the conclusion of such meeting or any employee has agreed adjournments the decision of the Company shall be endorsed on the grievance and delivered by mail or otherwise to the Union. If the issue is not resolved and arbitration is requested, such request must be submitted within thirty (30) days.
9.03 When either party requests that any matter be submitted to arbitration as hereafter provided, it shall make such request in writing addressed to the other party to this Agreement. All matters submitted to arbitration by either party to this agreement shall be referred to a right single arbitrator. The party submitting the matter to lodge arbitration (the "referring party") shall provide the other party with a grievance with respect list of the names of three (3) arbitrators satisfactory to the referring party at the same time as they notify the other party of their intent to proceed to arbitration. The party receiving notice of the referring party's intent to proceed to arbitration shall respond within five (5) days of receipt of the notice, acknowledging receipt and either agreeing to one (1) of the arbitrators named by the other party or, if it does not agree to any of the proposed arbitrators, it shall then provide the referring party with a list of three (3) arbitrators satisfactory to it. The referring party then has five (5) days to respond to the other party's list of proposed arbitrators. In the event that the referring party does not accept any of the other party's proposed arbitrators, it may propose the name(s) of another arbitrator to hear the matter(s). Failing agreement at that stage, the parties may either continue to discuss the appointment of a mutually agreeable arbitrator or either party may request that the Minister of Labour appoint the arbitrator, pursuant to the Labour Relations Act, 1995.
9.04 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
9.05 No matter arising out may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.
9.06 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify, add to or concerning the interpretation, application or alleged violation amend any part 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 9.07 The proceedings of the Union for review and adjustment arbitrator will be expedited 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 Managerparties thereto, and the Company. The discussion at this Step shall arbitrator's decision will be held within seven (7) working days final and binding upon the parties hereto and the employee or employees concerned.
9.08 Each of the date parties hereto will jointly bear the fees and expenses of the appeal. arbitrator.
9.09 The decision time limits fixed in both the Grievance and Arbitration Procedure may be extended by consent of the Employer at parties to 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 Agreement.
9.10 A discharged employee may lodge a 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 against discharge 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 omit Step 1 of the meetingthis procedure.
15.03 In the case of 9.11 An arbitrator if called upon to deal with a dismissal, a discharge 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 direct the date reinstatement 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 pay from such date as the employee for a definite period or sustain the dischargearbitration may determine.
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 Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either Section 1. A grievance shall be defined as a dispute between the EmployerCity and the Union, or an employee and the Union City, involving an alleged violation, misapplication or any employee has misinterpretation of a right to lodge a grievance with respect to any matter arising out specific provision of this Agreement or concerning the interpretation, application unhealthy or alleged violation of this Agreement.
15.02 Any employee believing that he has been unjustly dealt with or that the unsafe conditions. The provisions of this Agreement have not been complied with, Article shall have be the right to place such grievances in the hands of the Union exclusive remedy for review and adjustment by the Employer, if necessaryany grievance as defined herein. Such grievances grievance shall be processed as follows: ¶193. Step 1 - Between Within twenty (20) calendar days of the date upon which the alleged grievance occurred (or the date the grievant had actual or constructive knowledge of the alleged grievance), the grievant (i.e., the employee) shall present this grievance in writing to his Department Head, who shall make careful inquiry into the facts and circumstances of the grievant’s complaint. The Department Head shall attempt to resolve the problem promptly and, in any event, shall inform the employee concerned, in writing of his Union representative decision and the Companyreasons therefore within (10) working days subsequent to the receipt of the said written grievance from the employee. ¶194. Step 2 - If a grievant claims to be still aggrieved, he/she or his/her authorized representative may present his/her grievance to the Director of Human Resources or his designee, in writing within ten (10) working days of the receipt by the grievant of the decision of the Department Head in Step 1 hereof. The grievance must be filed Director of Human Resources, or his designee shall, within eighteen fifteen (1815) working days after the event giving rise to receipt by his office of 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 Stepsaid Director of Human Resources, hold a conference session if necessary to hear all the grievance facts pertinent to the complaint. The Director of Human Resources shall cause to be reduced forwarded to writing and the appeal shall be filed grievant, with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, a copy to the Department ManagerHead, and his (the Company. The discussion at this Step shall be held Director of Human Resources’) written decision including the basis for same, within seven (7) working days of the date conclusion of the appealconference(s). ¶195. Step 3 - In the event that the grievance is not resolved as a result of the Step 2 procedures, the Union or City may request the State Board of Mediation and Arbitration to provide arbitration service; which request for arbitration service shall be made to the State Board of Mediation and Arbitration in writing, with copies to the other party, by certified mail, return receipt requested within ten (10) working days following the receipt of the Step 2 decision or the expiration of the time limits for issuing the decision. The City or the Union may have any grievance at the State Board of Mediation and Arbitration removed, within thirty (30) days from the date filing with same, to the American Arbitration Association or the Alternative Dispute Resolution Center. In the event either the Union or the City exercises its option to use the American Arbitration Association or the Dispute Resolution Center, the filing fees and arbitrator fees shall be borne by the removing party.
Section 2. The decision of the Employer at this arbitrator, or of the arbitration panel, in Step 3 shall be in writing final and be made within four (4) working days binding on both parties. The fees of the date of arbitrator or the meeting. Should the Union wish to appealarbitration panel, 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 if any, shall be forwarded to borne equally by both parties, except where a grievance is filed with the EmployerAmerican Arbitration Association or Alternative Dispute Resolution Center, in which shall have one (1) week to dispose of case the grievance. The disposition filing fees and arbitrator fees shall be in writing and returned to the officers of the Union. If considered necessary borne 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 meetingremoving party.
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 In the Employer, the Union event that either party to this Agreement (or any employee an employee) contends that either party to this Agreement has violated a right to lodge a grievance with respect to any matter arising out provision of this Agreement or concerning of an employee’s personal service contract, 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 following procedures shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen applicable:
(18a) Within twenty (20) working days after of the event giving rise to the grievance, the grieving party must give written notice to the other(s) of the claim. (Prior informational discussions are encouraged, but do not toll this twenty-day filing limit.) A grievance occurs may be filed only with the prior written approval of the IATSE (rather than a local thereof) and such written approval must appear on the grievance document.
(b) A representative of the IATSE and a representative of the Employer shall, within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four ten (410) working days from after the date the discussion took place. If the Union wishes to appeal service of notice by one party to the next Stepother of the existence of such controversy or dispute, meet and discuss the grievance matter and attempt in good faith to effect a settlement of such controversy or dispute. Any decision arrived at by a representative of the IATSE and Employer representative shall be reduced to writing final and binding.
(c) In the event that any such controversy or dispute is not settled by the Employer and the appeal shall be filed with the Store Manger IATSE within six ten (610) working days after the meeting referred to in paragraph (b) above, Docusign Envelope ID: A79551A4-B52B-44EF-80F1-A18C2240BDD9 then such controversy or dispute may be submitted by either party to arbitration, each party bearing half of the expense of the Arbitrator’s fees and expenses.
(d) The demand for arbitration shall be made in writing, and signed by a representative of the IATSE (rather than a local thereof). Unless the parties have agreed upon an arbitrator, the arbitrator shall be selected from the Store Manager's oral decision. Between regular panel of arbitrators listed in the employee concernedProducer-IATSE Basic Agreement.
(e) 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 merits.
(f) The arbitrator shall have no power to modify, add to, or subtract from the Union representativeterms of this Agreement, but shall only determine whether the Department ManagerAgreement (or personal service contract) has been violated in the manner alleged in the grievance, and and, if so, what the Company. The discussion at this Step shall remedy should be held within seven (7) working days the meaning of the date of the appeal. Agreement.
(g) 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.
(h) This 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 this Agreement or of the meeting. Should the Union wish any personal service contract entered into pursuant to appealthis Agreement, such notice of appeal must be in writing or for 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. this Agreement.
(i) If a meeting grievance 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 not processed 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 stage in accordance with the above procedure and the disposition of such grievancesstated time limits, if sustained, it 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 deemed withdrawn. All time limits as prescribed above may be modified are subject to extension, but only by mutual agreement of the partieswritten agreement.
Appears in 1 contract
Samples: Bsi Iatse Videotape 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 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 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 grievancesCommittee Secretary), if sustained, shall include the determination of the effective date of the increase with retro-activity thereto.
15.05 The Employer and the Union Representative. After the meeting a decision shall be rendered within seventy-two
6.02 If a satisfactory settlement of the grievance is not then reached within and not after fourteen (14) working days from the date a decision was given at Step (c), the Union will inform the Company in writing that the matter may file grievances commencing at STEP THREEbe dealt with by Arbitration as hereinafter provided.
(a) Failing settlement under 6.03 The time limits contained in this Article are compulsory and binding on both parties unless waived, in advance, by mutual agreement.
6.04 In the foregoing procedureevent 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 which 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.
6.05 It is agreed that the parties 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, 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 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either Any controversy arising over the Employerinterpretation of, or the 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 which cannot been complied with, be settled between the parties involved shall have the right to place such grievances in the hands of be settled by 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 except that the Employer at this Step shall not be required to consider any grievance not submitted to it 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 of the date time of dismissal its original occurrence. If the controversy cannot be so settled within an additional five (5) days, it shall be referred to a Joint Trade Board or a Board of Arbitration. Where a party alleges a violation of Articles 2, 5, 6, 21, 22, 23, 27, and 38 the dispute shall commence at STEP TWObe initially heard by a Joint Trade Board. Where a party does not allege a violation of the above-listed Articles, the dispute shall be heard by a Board of Arbitrators. The Union and the Association shall establish and maintain a Joint Trade Board Composed of four (4) members, two (2) appointed by the Union and two (2) appointed by the Employer Association. Four (4) members, two (2) appointed by each party, shall constitute a quorum. Decisions shall be made by majority vote, provided the Union appointees and Employer appointees have equal voting strength with respect to such vote. Members of the Joint Trade Board shall choose a chairman and secretary to serve such terms as may be agreed upon by the Board, provided that one such officer is a Union appointee and one an Employer appointee. Where the dispute has been properly referred to the Joint Trade Board, the Board shall be empowered to hear and decide the grievance; to award or assess remedies, damages and penalties for violation of this agreement; to issue interpretive rulings or other rules and regulations as it deems necessary to give force and effect to the purpose and intent of this Agreement and to investigate all grievances and disputes properly submitted to it, including the conduct of audits of employer records. No union representative shall sit as a board member in any case involving himself or herself or his or her employer, directly or indirectly; and no employer representative shall sit as a board member in any case involving himself or herself or any of his or her employees, directly or indirectly. In administering and conducting dispute resolution activities and when issuing decisions, award, or orders in relation to grievances or disputes submitted to it, the Joint Trade Board and members of the Joint Trade Board shall function as arbitrators and not as the representative of any subsequent disposal entity that is party to such dispute. Accordingly, it is agreed that the Joint Trade Board and its members shall enjoy all the rights, privileges and immunities afforded to Arbitrators under applicable law and the decision of the Joint Trade Board shall be entitled to the same status, weight and deference as may apply to a decision of an Arbitrator under law. The Board shall maintain full and complete records and minutes of its proceedings, which records and minutes may be inspected at reasonable times by the parties to this Agreement. The Joint Trade Board, as such, shall not accept or receive any payments or contributions from employers. Each party to this Agreement shall reimburse its representatives on the Board for actual expenses. Expenses and fees of arbitration shall be shared equally by the parties. Decisions, awards or orders of the Joint Trade Board shall be final and binding, unless the Joint Trade Board deadlocks or else fails to decide any grievance or dispute. In such case, either party may proceed to arbitration as set forth below. The use of the Joint Trade Board shall sunset six months prior to the expiration of this case during the Agreement (December 1, 2015) and any 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 grievancesfiled after that date shall, if sustainednot resolved, shall include be heard by the determination Board of the effective date of the increase with retro-activity theretoArbitration.
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 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 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 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 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. 15.01 Either Full-Time and Part-Time Insert the Employerfollowing standard language. Where the collective agreement provides otherwise and the parties cannot agree to the standard language, the Union or any employee has a right existing provision will be maintained as non-standard language. Any non-standard provisions related to lodge Grievance and Arbitration shall be continued under Article except as amended below. For the purpose of this Agreement, a grievance with respect or complaint is defined as a difference arising either between a member of the bargaining unit and the STANDARD Final Guide Document, November, 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 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.. STANDARD
Appears in 1 contract
Samples: 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 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 shall be processed as follows: - Between the employee concerned, his their Union representative and the CompanyManager and/or Employer. 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 Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and/or the Employer. 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 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 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 . The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an 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, upon request, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to place suspend or dis- charge an employee, the Hospital shall notify the Union of such grievances suspension or discharge in writing, within three days. It is the hands mutual desire of the Union for review parties hereto that com- plaints 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 super- visor 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 five days, it shall then be taken up as a grievance within five 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. 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:
Step 2 Within five days following the decision under Step 1 the employee, accompanied union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Xxxx, 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 Step, immedi- ately preceding 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 desig- nated 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 (IO) days following the date of such meeting. Policy Grievance A complaint or grievance arising directly between the and the Union concerning the interpretation, applica- tion or alleged violation of the Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee. Group Grievance grievance.
Appears in 1 contract
Samples: Collective 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 . The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an 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 the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this 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. circumstances as determined by the hands Hospital. It is the 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 has first given immediate supervisor the opportunity of adjusting complaint. The may have the assistance of a Union for review and adjustment by the Employer, Xxxxxxx if necessaryso desires. Such grievances complaint shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed discussed with 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 grievance occurs and attention of the employee. Failing settlement within this period of time five (5) days, it shall then be discussed at this Steptaken up as a grievance within five (5) days following immediate supervisor's decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by to Manager. The employee may be accompanied by a Union Xxxxxxx. The Manager shall give an oral will deliver his decision in writing within four five (45) working days from following the date day on which the discussion took placewritten grievance was presented to The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. If Failing settlement, then: Within five (5) days following the Union wishes to appeal to decision in 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 Human Resources 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 Human Resources or the Employer, which shall have one (1) week to dispose of designated Hospital representativeand the grievance. The disposition shall designated Union representativeswho 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) 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 Section 1. It is recognized that, from time to time, dispute(s) between the Employer, the Union Company and its employees may occur. The employees will try to settle these differences as quickly as possible with their immediate fxxxxxx or any supervisor. The employee has a the right to lodge be accompanied and assisted by a sxxxxxx or Chief Sxxxxxx. If the disagreement cannot be resolved between the parties, a grievance with respect may be filed. A “grievance” is a dispute as to any matter arising out of this Agreement or concerning the interpretation, application application, or alleged violation of any of the provisions of this Agreement.
15.02 Any employee believing Section 2. Should a grievance arise that he has been unjustly dealt is not verbally settled with or that the provisions of this Agreement have not been complied withimmediate supervisor, shall have the right an exxxxxx effort will be made to place settle such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances following manner:
Step 1: The grievance 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 presented in writing to the grievance occurs and Human Resources Department within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four fifteen (415) working days from the date time the discussion took placeemployee has knowledge of the occurrence. The supervisor has fifteen (15) days to respond in writing to the grievance. If the supervisor’s written answer is not accepted, the Union wishes must advance the grievance through the Human Resources Department to appeal the applicable manager or his designee in writing within fifteen (15) days following the supervisor’s written answer.
Step 2: The applicable manager or his designee will have up to fifteen (15) days to conduct a grievance meeting. The meeting will be comprised of no more than three Union Representatives and up to three Company Representatives, to include at least one representative from the department from which the grievance arose. In an exxxxxx effort to resolve the dispute, the Company and Union will disclose throughout the grievance process, facts and information relied upon. Following the meeting the Company will have fifteen (15) days to respond in writing to the grievance. The Union will have fifteen (15) days to respond in writing to the Companies’ answer from the second step meeting.
Section 3. Failure by either party to comply with the time limits set forth in this Article shall result in the grievance being advanced to the next Stepstep. The time limits set forth in this Article may be extended, in writing, by mutual agreement, on a case-by-case basis. The Company will pay for time spent by Union representatives in grievance meetings that are scheduled during their regular working hours.
Section 4. If the answer from the grievance Step 2 meeting is not accepted by the Union, the grievance shall will automatically be referred to arbitration. The Company and Union will agree on a tentative date for the arbitration, not to exceed 50 days following the Union’s notice to the Company that they do not accept the Company’s Step 2 response.
a. The Company and the Union mutually agree to select a three (3)-member arbitration panel. The arbitrators will normally reside in the State of Montana and will have direct experience in collective bargaining disputes. The parties will establish a rotation for the arbitration panel. Following the hearing, the arbitrator’s decision will 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 submitted 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 both 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 the hearing.
b. Should the members of the panel be unavailable or in instances where the Company and the Union determine not to use a member of the Panel, the following procedure will be utilized. The parties shall refer the grievance to the Federal Mediation and Conciliation Service. The parties shall request the Federal Mediation Service to submit a panel of seven (7) arbitrators. Each party shall have the right to reject one panel of arbitrators. Striking of the first name shall be determined by the flip of a coin and then the parties shall alternately strike a name until one arbitrator is left. The arbitrator shall be notified of selection by a letter from the parties requesting that the arbitrator set a time for the hearing, subject to the availability of the Company and the Union representative. Arbitration hearings shall be held in Billings, Montana.
Section 5. In rendering a decision, the arbitrator will be governed and limited by this Agreement’s provisions, applicable law, and the expressed intent of the parties as described in this Agreement. The arbitrator will have no power to add to, subtract from, or modify any of the terms and provisions of this Agreement, or substitute his judgment for that of the Company. The arbitrator will confine his judgment strictly to the facts submitted in the hearing, the evidence before him, and this Agreement’s express terms and provisions. The arbitrator’s decision will be final and binding upon the parties.
Section 6. The Company and the Union shall bear the costs of their respective expenses, and shall commence at STEP TWOshare, equally, the cost of the arbitrator.
Section 7. In The Union and the employees waive their right to pursue any subsequent disposal judicial or administrative remedy against the Company as to any matter subject to the procedures established in this Article until such procedures are exhausted. Any settlement under the procedures established under this Article, short of this case arbitration, will be binding upon the Company, the Union, and the employees and will preclude any further administrative or judicial relief.
Section 8. Any employee has the right to have a Sxxxxxx or Chief Sxxxxxx present if they are called into a meeting, which may result in disciplinary action.
Section 9. If it is necessary for a sxxxxxx or Chief Sxxxxxx to take time off during their regularly scheduled shift to investigate or resolve a grievance, they shall request the permission of their immediate supervisor, which permission shall not be unreasonably withheld. When a sxxxxxx or Chief Sxxxxxx enters an area other than their normal work area, they shall inform the supervisor of that area of their presence and reason for being there. As well, a sxxxxxx or Chief Sxxxxxx shall inform their supervisor when returning to their normal work area or duties.
Section 10. Grievances dealing with suspensions and/or discharges will be moved immediately to Step 2 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 Section 11. The Union, by not exercising any functions thus reserved to it or by exercising any such function in accordance with the above procedure and the disposition of such grievances, if sustaineda particular way, shall include the determination of the effective date of the increase with retro-activity theretonot be deemed to have waived its right to exercise such function as set forth in this Agreement.
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 (Stillwater Mining Co /De/)