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Common use of GRIEVANCE AND ARBITRATION Clause in Contracts

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in A grievance is defined as an alleged violation, misinterpretation or misapplication with respect to the meaning, interpretation one or alleged violation more support staff of the terms any provisions of this agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with Supervisor because of due participation in the following manner: Step 1 procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The aggrieved employee or support staff member and/or the Local Chairperson authorized representative of the Association shall present be required to submit the grievance in writing to the appropriate Head Superintendent of Schools. The Superintendent must discuss the Department matter with the support staff member and/or authorized representative within 28 calendar five (5) employee working days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of receiving the written grievance. During that period of time, a meeting may take place between the grievor, the local representative Charges not submitted and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the Canadian Railway Office grievance shall be made in writing within ten (10) employee working days of Arbitration for final said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and binding settlement without stoppage of work the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the rules and procedures following procedure. Within ten (10) employee working days of that Officehaving received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The party requesting arbitration must notify the other party in writing Chairman, within 42 calendar ten (10) days following of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in Step 2writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction expiration of the Canadian Railway Office of Arbitration. 28.3 When time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to hearing and render a decision within thirty (30) days of the prescribed time limitshearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, the grievance may be progressed modify, or add to the next step within express terms and provisions of this Agreement. The services and expense of the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed arbitrator shall be shared equally by the Union within Association and the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreementBoard. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 4 contracts

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

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A grievance is defined as any dispute arising between the employer and a Residential Counselor involving the interpretation or application of this Agreement. Either party has access to the meaninggrievance and arbitration procedure. Should any matter be presented in the grievance procedure that could be combined into a multi-person and/or class action, interpretation or alleged violation the matter may be heard as a multi-person and/or class action if both parties mutually agree to same in writing. Both parties will have an opportunity to combine matters arising out of the terms same and/or similar incident(s) to be heard at the same time thereby resolving grievances in a more timely and efficient manner. Step 1: A Residential Counselor’s grievance will first be presented by the Residential Counselor involved and a Union Representative to the Residential Counselor’s Program Manager in writing within twenty (20) calendar days of this agreement, or when an employee claims that s/he has been unjustly dealt with the aggrieved action. All grievances shall be submitted in respect thereof writing on a completed form and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in must contain the following mannerinformation: Step 1 The aggrieved employee or a) name of the Local Chairperson shall present Residential Counselor involved, b) contract articles violated, c) description of the circumstances leading to the violation, d) the date(s) the violation took place, e) site/individuals involved, f) a docket number, g) remedy requested and, h) the date the grievance in writing to the appropriate Head was filed. Upon receipt of the Department within 28 calendar grievance, the parties will schedule a meeting at the main office when the Residential Counselor is not scheduled to be on line, but no later than seven (7) days following the cause receipt of the grievance. Such Head of Department A written response will render a decision in writing be provided to the grievant and the Union within 28 calendar five (5) business days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancemeeting. Step 2 2: If the grievance is not settled at Step 11 to the satisfaction of the Residential Counselor, the President may appeal the decision in writing, giving the reasons for the appeal, grievance will be submitted to the highest officer designated by Director of Residential Services or their designee in writing within five (5) business days of the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 11 response. Such officer The Director of Residential Services or their designee will render schedule a decision in writing, giving reasons for meeting (with the decision, Residential Counselor and a Union Representative) at the main office within 42 7 calendar days following of receipt of the appealstep 1 appeal during a time when the Residential Counselor is not scheduled to be on line. The Director of Residential Services or their designee will answer the grievance in writing within five (5) business days after the meeting. A written response will be provided to the grievant and the Union within five (5) business days of the meeting. Step 3 3: If the grievance is not settled at Step 2, it may then be referred by either party 2 to the Canadian Railway Office satisfaction of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify Residential Counselor, the other party grievance will be submitted to the Executive Director or their designee in writing within 42 calendar five (5) business days following of the receipt of the decision in Step 22 response. The Executive Director or their designee will schedule a meeting (with the Residential Counselor and a Union Representative present) at the main office during a time when the Residential Counselor is not scheduled to be on line, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction but no later than seven (7) days of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer receipt of the Company fails to render a decision within the prescribed time limits, Step 2 response. The Executive Director or their designee will answer the grievance may be progressed to the next step in writing within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.five

Appears in 4 contracts

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

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect (a) The parties to the meaning, interpretation or alleged violation this agreement are agreed that it is of the terms utmost importance to adjust complaints and grievances as quickly as possible. (b) No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten full working days before the filing of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the (c) The aggrieved employee shall present his grievance to his immediate supervisor who shall have five (5) working days to adjust any complaint which has arisen. If, within that time no agreement is not settled at Step 1reached, the President matter may appeal be submitted to the Joint Standing Committee within five days of the decision of the supervisor, in accordance with the provisions of this section. (d) Any grievance must be presented to the Joint Standing Committee in writing, giving the reasons briefly setting forth grounds for the appealcomplaint and the action sought. (e) A Joint Standing Committee shall be maintained, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt consist of two representatives of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt Employer and two representatives of the appeal. Step 3 If the grievance is not settled at Step 2Union and in case of vacancy, it may then or prolonged absence, another shall immediately be appointed in his/her place. To this committee shall be referred by either party all questions which may arise as to the Canadian Railway Office construction to be placed upon any clause of Arbitration for final this agreement or alleged violations thereof, which cannot be settled otherwise. Pending a decision by the Joint Standing Committee, the directions and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt orders of the decision in Step 2Employer shall be maintained, carried out and given full effect until such dispute has be finally disposed of as provided herein, so long as such directions or the due date of such decision if orders do not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of change conditions expressly established by this agreement. Such Joint Standing Committee shall meet within five days after any questions or differences shall have been referred to it, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it and shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within ten days after the prescribed time limits, first meeting and any such decision agreed to by the grievance may two representatives of the Union and the two representatives of the Employer shall be progressed to binding upon both parties. (f) If the next step within the prescribed time limits based Joint Standing Committee cannot reach an agreement on the last date such question or difference referred to them, either party may refer the matter to an Arbitration Board of three (3) members or to expedited arbitration under Section 46 of the Ontario Labour Relations Act. Any matter not referred to arbitration within thirty (30) days of the decision was due, except as otherwise provided in Article 28.4of the Joint Standing Committee shall not be arbitrable. 28.4 When a grievance based on a claim for unpaid wages is (g) An arbitrator shall not progressed by have the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer power to alter or change any of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application provisions of this rule shall not constitute an interpretation agreement or to substitute any new provisions for any existing provisions, nor give any decision inconsistent with the terms and provisions of the collective this agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 20.1 Disputes in respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 20.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 20.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.420.4. 28.4 20.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 20.5 The time limits specified herein may be extended by mutual agreement. 28.6 20.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 20.7 Grievances not docketed for arbitration within two years from the date of filing of the Step 1 grievance will be considered as dropped. 20.8 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in 20.01 A "grievance" is defined as any question or controversy between an employee or the UNION (brought at Step 2) with the EMPLOYER involving the interpretation, application or compliance with or non-compliance with the provisions of this AGREEMENT, provided, however: 20.02 All employees should make every effort to settle differences and disputes without filing a grievance. In the event that an agreement cannot be reached, the following steps must be taken with respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:any grievance. Step STEP 1 The aggrieved employee or the Local Chairperson shall present the his/her grievance in writing by fully completing the Step 1 Grievance Report Form (Level l) to the appropriate Head employee's immediate supervisor or his/her designee (with a copy to Human Resources), who shall answer the grievance within seven (7) work days after receipt. This written presentation of the Department grievance to the immediate supervisor must take place within 28 calendar seven (7) work days after the employee has knowledge of the facts which gave rise to the grievance or with reasonable diligence should have knowledge of such facts. In no event, however J may a grievance be initiated more than thirty (30) days following the cause date of the grievanceoccurrence from which the grievance arose. Such Head of Department will render a decision in writing within 28 calendar days following receipt If the employee does not refer his/her grievance to the second step of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head procedure within seven (or representative7) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar work days following after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved. If the grievance is processed as a class/group grievance, it shall move directly to Step 12. STEP 2 The grievance shall be referred in writing by fully completing the Step 2 Grievance Report Form (Level II) to the SUPERINTENDENT'S designee or his/her designee, who will investigate the grievance with the immediate supervisor. Such officer will render a decision in writing, giving reasons for The SUPERINTENDENT'S designee shall reply within seven (7) workdays. If the decision, within 42 calendar days following receipt employee is not satisfied with the written answer of the appeal. Step 3 SUPERINTENDENT'S designee, the employee may refer his/her grievance to the third step of the grievance procedure. If the grievance is not settled at Step 2referred to the third step within seven (7) workdays of receipt of reply from the SUPERINTENDENT'S designee, it may then shall be referred considered to be satisfactorily resolved. STEP 3 The grievance shall be submitted in writing by either party fully completing the Step 3 Grievance Report Form (Level III) to the Canadian Railway Office SUPERINTENDENT'S Designee, who shall investigate the grievance. As part of such investigation, the SUPERINTENDENT or his/her designee(s) shall meet with the aggrieved employee and his/her representative and others having knowledge of the matter within ten (10) working days of receipt of the grievance at this step. Within ten (10) workdays after the investigation meeting is held, the SUPERINTENDENT or his/her designee's answer to the grievance shall be issued to the aggrieved employee, the UNION and all other affected individuals. The aggrieved employee shall have the right to be represented by a representative of the UNION, upon request, at any step of the foregoing grievance procedure. If an employee does not receive an answer to his/her grievance within the time limits contained in Steps 1, 2 or 3, the grievance shall be considered denied and may be advanced to the next step, whichever is appropriate. Either party may request Grievance Mediation through FMCS prior to Arbitration. Mediation must be requested in writing within ten (10) workdays after an answer is received or should have been received under Step 3. A. Arbitration for final must be requested in writing by the UNION within ten (10) work days after the written answer is given or should have been given by the SUPERINTENDENT under Step 3 of the grievance procedure or the completion of mediation under Step 4. B. Notification of the intent of the UNION to appeal a grievance to arbitration must be submitted in writing to the SUPERINTENDENT within ten (10) work days after the written answer was given or should have been given by the SUPERINTENDENT under Step 3 of the grievance procedure, or the completion of mediation under Step 4. Upon receipt of such notification, the SUPERINTENDENT will request the Federal Mediation and binding settlement without stoppage Conciliation Service to provide the parties with a panel of work arbitrators from which the parties can select an arbitrator in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the FMCS. C. The EMPLOYER and the UNION shall equally share the fees and expenses of the arbitrator and any expenses incidental to the arbitration proceeding. Each, however, shall be responsible for the fees and expenses of its representative(s). D. The decision of the arbitrator shall be final and binding upon the EMPLOYER, the UNION, and any employee involved in Step 2the matter. E. The arbitrator shall not have the power to add to, subtract from, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of paymodify this AGREEMENT. Only grievances, rules or working conditionsas defined herein, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails subject to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4arbitration. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaning, interpretation or 1. A grievance is a written complaint by a Graduate Assistant(s) and request for remedy involving an alleged violation of the terms a specific provision(s) of this agreementAgreement and filed using the procedure outlined below in Sections B-D. A grievance may also be filed in writing by the Union, but only as to the interpretation or application of a specific provision of this Agreement. A Union grievance shall be brought at Step Two of these procedures (see Section(D)(2)) within twenty (20) business days after the Union first became aware, or when an employee claims that s/he has reasonably should have been unjustly dealt with aware, of the facts giving rise to the grievance. No matter concerning any definition or application of the good standing of a Graduate Assistant in respect thereof and s/he is unable a CMU graduate degree program shall be subject to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing and arbitration procedures. The primary purpose of this procedure is to the appropriate Head of the Department within 28 calendar days following the cause secure a practicable and equitable resolution of the grievance. Such Head Grievances shall be processed according to the time limits described herein; but, the time limits in each step of Department will render the process may be shortened or extended by mutual written agreement of the grievant and CMU. 2. Any written decision or written answer to a decision grievance made at any step, which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company parties to handle grievancesthis Agreement, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as droppeda final settlement and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. When the appropriate officer of the Company fails If a written decision or written answer to render a decision an appeal is not rendered by an administrator within the prescribed time limitslimits specified in this Article, the grievance grievant may be progressed take the matter to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4step. 28.4 When 3. At no step in this procedure shall a grievance based on a claim for unpaid wages settlement be reached which is not progressed by inconsistent with the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application provisions of this rule shall not constitute an interpretation of Agreement, unless both the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted University and Union concur in writing. 28.7 Prior to adjudication or final disposition 4. No settlement of a grievance there by the parties shall be neither a shutprecedent for any other or future grievance. 5. A grievance may be withdrawn, and if withdrawn, may not be reinstated, and no financial or other liabilities shall result. 6. Whenever time limits are used in this Article, they shall be understood to mean business days. The time limits shall be tolled during break periods in the University calendar and University designated holidays. 7. No party to a meeting under this Article shall unreasonably fail or refuse to meet at reasonable times or places established for such meetings. If the meeting identified in Section (D)(2)(b) is not conducted within fifteen (15) business days due to the unavailability of the grievant or the Union representative, the written response required in Sections (D)(2)(b) and (c) shall be tolled for an equal number of days beyond which the meeting identified in (D)(2)(b) was conducted (i.e. if the meeting takes place twenty (20) business days after the submission of the grievance, the written response is not due until twenty (20) business days after the meeting). 8. Hand delivery or an actual verified receipt, time-down stamped email, or postmark will be regarded by the Company nor a work stoppage by parties as evidence of delivery and receipt for the employeespurposes of determining whether time limits have been met. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing 9. A Graduate Assistant(s) may choose to have a Union representative represent her or him at any step of the step one Grievance Procedure; or, a Graduate Assistant may choose to represent herself or himself at these Steps and forego or decline Union representation. 10. If a grievance will be considered as droppedis the result of an action of an administrator above the level of the hiring department or unit, the grievant may initiate her or his grievance at Step Two.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes 3.1 The following procedure will apply in respect the event that there is a complaint or a difference relating to the meaninginterpretation, interpretation application, administration or an alleged violation of the terms Agreement. Any complaint or difference should be discussed, and settled if possible, at the time of this agreementits occurrence by the CFM or its Local’s authorized representative and the authorized representative of the CBC. Step 1 – Any complaint or difference which cannot be settled as provided above must be put down in writing and filed through the CFM, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationits Local of jurisdiction, after having discussed the issue with the appropriate supervisor, may be dealt with in CBC within thirty (30) business days after the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head knowledge of the Department within 28 calendar days following the cause of occurrence giving rise to the grievance. Such Head of Department will render To be considered a decision in writing within 28 calendar days following receipt grievance, the complaint or difference must indicate the Article(s) of the written grievance. During that period of timeAgreement allegedly violated, a meeting may take place between the grievor, the local representative misapplied or misinterpreted and the Department Head relief or remedy sought. The CBC will provide a written reply to the grievance within fifteen (or representative15) business days of its receipt. The CBC has the right to discuss file a written grievance with the grievance. CFM within thirty (30) business days at Step 2 of the grievance procedure. Step 2 – If the grievance is not considered settled at by both parties following the Step 11 reply, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievancesgrievance shall, within 42 calendar fifteen (15) business days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt date of the appeal. reply, be referred to a grievance meeting with a representative of the CBC and the CFM. Step 3 If - In the event that a grievance is not settled at Step 2to the satisfaction of both parties as a result of the grievance meeting or by immediate subsequent correspondence delivered not later than fourteen (14) calendar days after the meeting, it the matter may then be referred to arbitration by either party party. Notice of referral to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing shall be given within 42 forty-five (45) calendar days following receipt the grievance meeting. Such notice to be provided in writing to the CBC and to the Office of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions AFM VPC and copied to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of ArbitrationLocal. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 2 contracts

Samples: General Production Agreement, General Production Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect In the event of any dispute between the Union or any employee covered by this Agreement and the Employer with regard to the meaning, interpretation or alleged violation application of any of the terms of this agreementAgreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following grievance and arbitration procedure shall, unless otherwise expressly provided herein, be the exclusive means of resolution of such dispute. Failure to settle the dispute within ten (10) business days after the invocation of Step One entitles either party to proceed to Step Two; failure to settle the dispute within ten (10) business days after the invocation of Step Two entitles either party to proceed to Step Three. Failure to settle the dispute within ten (10) business days after the invocation of Step Three entitles either party to proceed to arbitration. In the event the grieving party does not exercise its option to proceed to the next step by serving written notice upon the other party as required hereunder within ten (10) business days of entitlement to do so as provided herein, then such grieving party shall be deemed to have waived such grievance unless the parties mutually stipulate otherwise in writing. Each party agrees to provide, upon written request by the other party, non-proprietary information which is relevant and necessary to the processing of any grievance hereunder. Such information shall be provided to the requesting party in a timely manner: . STEP ONE -- A grievance shall be filed in writing within thirty (30) days of the date on which the grieving party knew or reasonably should have known of the event(s) giving rise to the grievance, but in no event later than one (1) year from the date such event(s) occurred. The representative of the Union and the Employer's representative shall immediately discuss the matter and the dispute shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the parties to the dispute. STEP TWO – In the event of a failure to settle the dispute under Step 1 The aggrieved employee or One above, the Local Chairperson grieving party shall present the grievance in writing written form to the appropriate Head Representative of the Department within 28 calendar days following other party. Such written notice shall contain the cause specific contract section(s)which are alleged to have been violated, the date(s) or approximate date(s) of the grievance. Such Head of Department will render alleged violation(s), the specific facts and details or a decision in writing within 28 calendar days following receipt summary of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representativealleged violation(s) to discuss the grievance. Step 2 If on which the grievance is not settled at Step 1based, the President may appeal name of the decision in writingproduction (if any), giving the reasons remedy sought and the name(s) of the individual(s) aggrieved, except for group claims for which the appealclassification(s) of the individuals aggrieved shall be listed. In the event the party receiving the Step Two notice does not feel that the written notice complies with the preceding, to then the highest officer designated by party receiving the Company to handle grievances, Step Two notice shall notify the grieving party within 42 calendar five (5) working days following of receipt of the decision rendered such Step Two notice. This response shall indicate those areas in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance which more specific information is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Officerequired. The grieving party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.then have five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 30.01 Should differences arise as to the meaning, interpretation or alleged violation application of the terms provisions of this agreementCollective Agreement or should grievance occur within a Department covered by this Collective Agreement, this to include discharge or termination without cause, there shall be no strike, stoppage of work or suspension of work by the Union or Employees or lockout by the Employer on account of such differences or grievance until the following procedure has been carried out: (a) Grievances are to be submitted within six (6) 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 date that the grieving Party knew, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head should have reasonably known of the Department within 28 calendar days following the cause of incident giving rise to the grievance. Such Head 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 Department will render a decision 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 within 28 calendar days following receipt by registered mail of the written grievancequestion or questions to be arbitrated and the name and address of its choice of an arbitrator. During that period of time, After receiving such notice and a meeting may take place between the grievorstatement, the local representative and other Party shall, within five (5) days agree to the Department Head proposed single arbitrator or suggest alternate arbitrator(s). If the two Parties fail to agree on a single arbitrator within three (or representative3) days, they shall forthwith request the Labour Relations Board to discuss the grievanceappoint an arbitrator. Step 2 If (c) The arbitrator shall have the power in allowing a grievance is not settled at Step 1to rectify the matter complained of, including the President may appeal the awarding of lost pay, if any, and reinstatement in employment. The decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then arbitrator shall be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work upon both Parties. However in accordance with no event shall the rules arbitrator have the power to alter or amend the Collective Agreement in any respect. 30.03 Expedited Arbitration Procedure for collecting monies owed to various Local Funds (a) Notwithstanding anything contained in Sections 30.01 and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt 30.02 herein, a failure of the decision Employer to carry out its obligations including but not limited to making its required contributions under Article 5 - Dues Checkoff; Article 14 - Educational Training and Retraining Fund and Plan; Article 26.01 and Appendix "B" G.C.I.U. Local 525M Welfare Plan; Article 26.02 and Appendix "D" G.C.I.U. Local 525M Dental Plan; Article 27 and Appendix "C" G.C.I.U. Local 525-210 Pension Plan; Article 28 - G.C.I.U. Supplemental Retirement and Disability Fund; of this Collective Agreement may, as an alternative to Sections 30.01 and 30.02 be referred to arbitration by the Union, Employers or trustees of any one or more of the said plans, using the procedures set out in Step 2this Section. (b) There shall be no time limit within which a grievance must be filed or a matter referred to arbitration. Any breach by an Employer of its obligations to a plan referred to in this Section under a prior Collective Agreement between the Parties shall be deemed to be a breach of this Collective Agreement, and the procedures set out in this Section may be used in grieving and arbitrating such breach. (c) The Union, Employers and trustees, or the due date their agents may submit a written notice of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions default to the terms Employer with a demand for payment of this agreement, are specifically excluded from the jurisdiction contributions and compliance with any other provisions of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it plan. Such notice shall be considered as droppedto be the filing of a grievance under this Section. When The Notice shall be deemed to have been received by the appropriate officer Employer on the third day after the day on which it was mailed. (d) If the Employer fails to make its required contributions or otherwise fails to comply with the plan within ten (10) days after the date of the Company fails to render a decision within notice the prescribed time limits, grievance procedures shall thereupon be exhausted and the grievance may be progressed 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 next step within Employer of their desire to arbitrate pursuant to this section and shall state the prescribed date, time limits based 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 an Employer which is a Party to the trust agreement which is being arbitrated or otherwise bound thereto. An arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans and one or more companies concurrently or as the arbitrator may determine. (iii) The arbitrator(s) shall hear and decide all matters referred to them by the Union, Employers or trustees. The decision of the arbitrator(s) shall be final and binding on the last date such decision was dueUnion, except as otherwise provided in Article 28.4Employers, trustees and the Company. 28.4 When a grievance based (iv) The arbitrator(s) shall have the full authority of an arbitrator appointed pursuant to the Labour Relations Code of British Columbia. Without limiting the generality of the foregoing the arbitrator(s) shall have the authority to order the Employer to perform its obligations pursuant to this Collective Agreement and relevant trust agreement or agreements, and may, in addition to ordering the Employer to make all contributions owing, order the Employer to pay interest on a claim for unpaid wages is not progressed overdue contributions at such rate as the trustees have determined; pay reasonable counsel fees incurred, or to be incurred by the Union within trustees, in the prescribed time limitscollection of such delinquent amounts, it shall be considered as dropped. When including the appropriate officer 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 Company fails total of all amounts found to render a decision with respect be delinquent as determined by the arbitrator(s) to such a claim for unpaid wages within be due and owing. The Employer acknowledges and agrees that the prescribed time limitsliquidated damages will be used to defer administrative costs and acknowledges the cost to be actual and substantial though difficult to ascertain, however, the claim will Employer acknowledges that these are a minimum of twenty percent (20%) of amounts found to be paiddelinquent and waives the necessity of any additional proof thereof. Without limiting the generality of the foregoing, the said sum is on account of damages resulting from: 1. Inconvenience and burden imposed on the trustees. 2. Loss of any benefits, monetary or otherwise accruing to any Employees. 3. Loss of benefits and the use of any funds in connection with the Employer'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 application Union, Employers or trustees may take any other action they deem advisable to enforce the obligations of an Employer as set out in this Section notwithstanding any other provision of this rule shall not constitute an interpretation of the collective agreementCollective Agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 16.1 Any dispute relating to the meaninginterpretation of or adherence to the terms and provisions of this Agreement shall be handled as follows: 16.2 All grievances shall be in writing, interpretation or shall specify in detail the alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof contract and s/he is unable to obtain satisfactory explanation, after having discussed shall be received by the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 Hospital no later than twenty (20) calendar days following the cause date of occurrence. 16.3 Grievances relating to wages shall be timely if received by the Hospital no later than twenty (20) calendar days following the date of receipt of the grievance. Such Head of Department will render a decision in writing within 28 check by the employee. 16.4 Step 1 - Within seven (7) calendar days following receipt of the written grievance by the Hospital, representatives of the Hospital and the Union shall meet and attempt to resolve the grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein for said meeting may be extended by mutual agreement. 28.6 Settlement 16.5 Step 2 - If the grievance is not resolved in Step l, either party may refer the matter to arbitration. Any demand for arbitration shall be in writing and must be received by the other party within ten (10) calendar days following the Step 1 meeting The Hospital and the Union shall attempt to agree on a neutral arbitrator, who shall hear and determine the dispute. If no agreement is reached, the arbitrator shall be selected from a list of nine (9) neutral arbitrators to be submitted to the parties by the Director of the Federal Mediation and Conciliation Service or, if the parties agree, the American Arbitration Association. 16.6 The authority of the arbitrator shall be limited to making an award relating to the interpretation of or adherence to the written provisions of this Agreement, and the arbitrator shall have no authority to add to, subtract from or modify in any manner the terms and provisions of this Agreement. The award of the arbitrator shall be confined to the issues raised in the written grievance, and the arbitrator shall have no power to decide any other issues. 16.7 The award of the arbitrator shall be made within thirty (30) calendar days following the close of the hearing. The fees and expenses of the neutral arbitrator shall be divided equally between the Hospital and the Union. 16.8 The time limitations set forth herein relating to the time for filing a grievance and the demand for arbitration shall be mandatory. Failure to follow said time limitations shall result in the grievance being permanently barred, waived and forfeited and shall not involve retroactive pay beyond 60 calendar days prior be submitted to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall arbitration. The time limitations provided herein may be neither a shut-down extended by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing mutual written agreement of the step one grievance will be considered as droppedparties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 16.1 Having a desire to create and maintain labor relations harmony between them, the meaningparties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or alleged violation application of the terms and provisions of this agreementAgreement. All grievances will be written and placed on Association letterhead, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed clearly stating the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause step of the grievance. Such Head of Department will render Employees are encouraged to resolve disputes, complaints or grievances informally at the lowest level, with their direct supervisor, prior to filing a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the formal grievance. Step 2 1- Any grievance, controversy or dispute arising over the operation of this Agreement shall first be taken up with the employee or employees and The Director of Nursing, or designee within 10 days of such grievance. The Director of Nursing or designee will respond within 10 days. Step 2-- If such controversy or dispute cannot be adjusted in this manner, it shall be presented to the grievance is not settled at Step 1Hospital Administrator/CEO, the President may appeal the decision or designee, in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar 10 days following receipt of the decision rendered in Step 1. Such officer The Hospital Administrator/CEO or designee will render a decision in writing, giving reasons for the decision, respond within 42 calendar days following receipt of the appeal. 15 days. Step 3 3-- If the grievance is not settled no settlement can be reached at Step 2, it may then shall be referred by either party presented in writing to Director of the Canadian Railway Office Department of Arbitration for final Public Health and binding settlement without stoppage Human Services or his/her designee, within 10 days of work in accordance with the rules and procedures of that Office. Step 2 The party requesting arbitration must notify the other party Agency Director or designee will respond in writing within 42 calendar 30 days. Step 4-- Should the matter remain unresolved, the local Association shall, within 10 days following of receipt of such decision, notify the decision Director or his/her designee and the State Office of Labor Relations in writing, of its intention to have such grievance referred to arbitration. The parties may mutually agree to go to mediation at any step in the grievance process. Request for mediation services will be submitted jointly. Timeline for grievance processing will be put on hold until the mediation is final. In addition, the parties may mutually agree to waive any Step 2, or in the due date of such decision if not receivedgrievance process. 28.2 Disputes arising out 16.2 It is understood that Management and the Association will act as expeditiously as possible in the processing of proposed changes all grievances. Timelines set forth in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may process can be extended by mutual agreement. 28.6 Settlement 16.3 In the event of a job classification related grievance, the grievance shall not involve retroactive pay beyond 60 calendar days prior be submitted according to the date that such grievance was first submitted in writingrules and regulations of the Board of Personnel Appeals for resolution. 28.7 Prior 16.4 When a question arises as to adjudication whether or final disposition not a matter falls under the jurisdiction of a grievance there the Board of Personnel Appeals or should be referred to arbitration, the matter shall be neither referred to the Board for decision. 16.5 Within 10 days after such written notice of intention is delivered to the Director, the Association and the State shall call on the Federal Mediation and Conciliation Service to provide a shutlist of seven (7) persons. 16.6 Each party shall be entitled to strike three (3) names from the list in alternate order and the name remaining shall be the arbitrator. The arbitrator shall hear the grievance and render a decision. 16.7 Each party shall share equally the cost of the impartial arbitrator and each party shall be responsible for the cost of presenting their own case. In the event one of the parties wants transcripts from the proceedings of the arbitration, the party requesting the transcript shall pay all costs. If each party requests transcripts, they shall equally share the cost. 16.8 During the processing of any matter under this or the preceding steps, the Association agrees not to strike, render unfair reports, or cause slow-down downs and the Employer agrees not to lock out employees represented by the Company nor a work stoppage Association. 16.9 Any failure or refusal to abide by the employeesterms of this grievance and arbitration procedure shall constitute a waiver by the party who breaches the Agreement of the rights and constraints created by the above grievance and arbitration clause. 28.8 Grievances not docketed for arbitration by either party within two years from 16.10 No arbitrator shall have the date power to add to, detract from, or modify the terms of filing of the step one grievance will be considered as droppedthis Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms and conditions of this Agreement. Grievances shall be reduced to writing and submitted on the AFSCME Grievance Form and Fact Sheet. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, the employee may avail themselves of the following procedure. A grievance shall not be expanded upon after Step 3 of the grievance procedure. Section 2. Disputes in respect arising from dismissal are subject to the meaninggrievance and arbitration procedure pursuant to the expedited procedures described in Article 45, interpretation Discipline and Discharge. All other disciplinary actions and refusal/withholding of merit step increases shall follow the steps outlined in this article. • Step 1. Employee, with or without Union representation will file a written grievance within thirty (30) calendar days from the date of the alleged violation of the terms agreement with their Functional Unit Manager (Local State Director). The Functional Unit Manager shall respond in writing within thirty (30) calendar days from the date of this agreementthe grievance being received. • Step 2. If the grievance is not resolved at Step 1, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson Union shall present appeal the grievance in writing to the appropriate Head designated appointing authority or designee within fifteen (15) calendar days from the date of receipt of the Department Step 1 response. The appointing authority or designee shall respond in writing within 28 thirty (30) calendar days following from the cause date of receipt of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance• Step 3. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled resolved at Step 12, the President may Union shall appeal the decision grievance in writing, giving the reasons for the appeal, writing to the highest officer designated by the Company to handle grievances, Agency’s Labor Relations Administrator or designee within 42 fifteen (15) calendar days following of receipt of the decision rendered appointing authority’s response that such response is not acceptable. The Labor Relations Administrator or designee shall respond in Step 1. Such officer will render a decision in writing, giving reasons for the decision, writing within 42 twenty-one (21) calendar days following of receipt of the appeal. . • Step 3 4. If the grievance is not settled resolved at Step 23, it may then be referred by either party the Union shall appeal the grievance in writing to the Canadian Railway Office Department of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Administrative Services Labor Relations Unit within 42 fifteen (15) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing receipt of the step one Step 3 response. The Labor Relations Unit shall respond in writing within thirty (30) calendar days from the date of receipt of the appeal. • Step 5. a) If the grievance will be considered is not resolved at Step 4, the Union will, within fifteen (15) calendar days from receipt of the Step 4 response, request from the Employment Relations Board the names of five (5) qualified arbitrators. Such notice to the Board shall identify the specific grievance by employee name(s), work location, bargaining unit and date the grievance was filed, and a statement that, “This shall serve as dropped.official notice of the Union’s intent to arbitrate this

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect ‌ A. Any and all disputes, controversies, claims, grievances or allegations of contractual violations arising under this Agreement and every contract or agreement between MANAGEMENT and every MEMBER, and/or with regard to the meaninginterpretation and enforcement thereof, interpretation (hereinafter ‘grievances’) shall be exclusively resolved pursuant to this Grievance and Arbitration Provision, which shall also be deemed to be incorporated by reference into every contract or alleged violation agreement between MANAGEMENT and every MEMBER. B. Any such grievance shall be communicated by AGMA to MANAGEMENT or by MANAGEMENT to AGMA within thirty (30) days of its occurrence or the discovery of its occurrence (whichever is later) by AGMA or by MANAGEMENT. Such communication shall be in writing and directed to MANAGEMENT’s Chief Programming Officer or AGMA’s National Executive Director, or their designees. Thereafter, MANAGEMENT’s Chief Programming Officer or their designees and AGMA’s Staff Representatives shall discuss the grievance informally in an attempt to resolve it to their mutual satisfaction. If, within thirty (30) days following the communication of the terms grievance, such informal discussions have not resulted in a settlement of this agreementthe grievance, or when an employee claims that s/he has been unjustly dealt then by the thirty-seventh (37th) day following the communication of the grievance, MANAGEMENT’s Chief Programming Officer and AGMA’s Staff Representatives shall meet, along with in respect thereof another representative of MANAGEMENT and s/he is unable another representative of AGMA, to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present discuss the grievance in writing a formal grievance meeting, in an attempt to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During resolve that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 C. If that meeting fails to occur by the thirty-seventh (37th) day or if no resolution of the grievance is not settled can be reached at Step 1that meeting, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If then either party can refer the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage arbitration. D. For purposes of work this provision, days shall mean calendar days. E. Any such arbitration shall be conducted in accordance with the rules and procedures then-current Rules of that OfficeVoluntary Labor Arbitration of the American Arbitration Association (“AAA”). The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it Arbitrator’s Decision and Award shall be considered as droppedfinal and binding. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it The Arbitrator’s fees and any AAA fees shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paidborne equally by MANAGEMENT and AGMA. The application of this rule Arbitrator shall not constitute an interpretation be empowered to change any provision of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement bargaining agreement or any provision of any contract or agreement between MANAGEMENT and an AGMA-represented MEMBER, but shall determine whether or not a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that violation or breach of such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there agreement(s) has occurred and, if so, what if any remedy shall be neither a shut-down by the Company nor a work stoppage by the employeesordered. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms and conditions of this Agreement. Grievances shall be reduced to writing and submitted on the FOPPO Grievance Form. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, the employee may avail themselves of the following procedure. A grievance shall not be expanded upon after Step 3 of the grievance procedure. Section 2. Disputes in respect arising from dismissal are subject to the meaninggrievance and arbitration procedure pursuant to the expedited procedures described in Article 45, interpretation Discipline and Discharge. All other disciplinary actions and refusal/withholding of merit step increases shall follow the steps outlined in this article. • Step 1. Employee, with or without Federation representation will file a written grievance within thirty (30) calendar days from the date of the alleged violation of the terms agreement with their Functional Unit Manager (Local State Director). The Functional Unit Manager shall respond in writing within thirty (30) calendar days from the date of this agreementthe grievance being received. 2. If the grievance is not resolved at Step 1, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, Federation may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present appeal the grievance in writing to the appropriate Head designated appointing authority or designee within fifteen (15) calendar days from the date of receipt of the Department Step 1 response. The appointing authority or designee shall respond in writing within 28 thirty (30) calendar days following from the cause date of receipt of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance• Step 3. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled resolved at Step 12, the President Federation may appeal the decision grievance in writing, giving the reasons for the appeal, writing to the highest officer designated by the Company to handle grievances, Agency’s Labor Relations Administrator or designee within 42 fifteen (15) calendar days following of receipt of the decision rendered appointing authority’s response. The Labor Relations Administrator or designee shall respond in Step 1. Such officer will render a decision in writing, giving reasons for the decision, writing within 42 twenty-one (21) calendar days following of receipt of the appeal. . • Step 3 4. If the grievance is not settled resolved at Step 23, it the Federation may then be referred by either party appeal the grievance in writing to the Canadian Railway Office Department of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Administrative Services Labor Relations Unit within 42 fifteen (15) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing receipt of the step Step 3 response. The Labor Relations Unit shall respond in writing within thirty (30) calendar days from the date of receipt of the appeal. • Step 5. a) If the grievance is not resolved at Step 4, the Federation may, within fifteen (15) calendar days from receipt of the Step 4 response, request arbitration of the grievance by providing notice by electronic mail to the Department of Administrative Services, Labor Relations Unit email address (XXX@xxx.xxxxxx.xxx). The Federation will also request from the Employment Relations Board the names of seven (7) qualified arbitrators. Such notice to the Board shall identify the specific grievance by employee A copy of this notice shall be sent to the Department of Administrative Services Labor Relations Unit. b) The parties shall alternately strike names with the moving party striking first, from the Employment Relations Board list, one grievance will (1) name at a time until only one (1) name remains on the list. The name remaining on the list shall be considered accepted by the parties as droppedthe arbitrator, and arbitration hearings shall commence at such time and place mutually agreed to by the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes All complaints, disputes, controversies or grievances arising between the Employer and the Union, or any employee covered by this Agreement on or after the effective date of this Agreement, which involve only questions of interpretation or application of any of the provisions of this Agreement, shall be adjusted by and between the parties in respect the manner provided herein. For purposes of this Article, a workday is a day other than Saturday, Sunday or a holiday recognized by this Agreement. Any grievance based upon the suspension or discharge of an employee shall be referred directly to Step 2 of this procedure within seven (7) days following the suspension or discharge. An employee, with or without his/her Xxxxxxx, may submit a grievance orally to the meaning, interpretation or alleged violation of employee’s supervisor and the terms employee must identify a grievance as such. Failure to identify an oral grievance as such solely for the purpose of this agreement, or when paragraph will not prevent an employee claims that s/he from submitting a written grievance. The supervisor shall give the employee an oral response to the grievance within five (5) days following the date the grievance was presented. If the grievance has not been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationsettled by oral discussion, after having discussed the issue with the appropriate supervisor, may be dealt with in the following mannerprocedure will apply: Step 1 The 1: Notice of a grievance shall be given by the aggrieved employee or the Local Chairperson shall present the grievance in writing party to the appropriate Head department head or designee within ten (10) days after the occurrence of such grievance (except that as to grievance over wages, hours, vacations and days off, such notice shall be timely if given within fifteen (15) days after the regular pay day for the period in which the alleged violation occurred). The written grievance shall state the Article and Section of the Department within 28 calendar days following Agreement alleged to have been violated, the cause nature of the grievanceviolation, the remedy or correction to be desired, and it shall be signed and dated by the employee, the Union Representative or the Xxxxxxx involved. Such Head of Department The department head or designee will render a decision answer all written grievances in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head five (or representative5) to discuss the grievancedays. Step 2 2: If the grievance is not settled at in Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, written grievance must be submitted to the highest officer designated by the Company to handle grievances, Executive Director or designee within 42 calendar five (5) days following receipt of the decision rendered answer from department head. The Executive Director or designee shall reply in Step 1. Such officer will render a decision in writing, giving reasons for writing to the decision, employee and the Union Representative or Xxxxxxx within 42 calendar ten (10) days following after receipt of the appealgrievance. Step 3 3: If the grievance is not settled at Step 2, it may then be referred by either party submitted to the Canadian Railway Office Division Manager, Human Resources or his/her designee within fifteen (15) days after receipt of Arbitration for final the answer in Step 2. The Employer’s Division Manager, Human Resources or his/her designee shall answer in writing to the employee and binding settlement without stoppage the Union Representative within fifteen (15) days after receiving such grievance. Step 4: If the Division Manager, Human Resources, or designee’s (written) answer to the grievance does not result in a satisfactory resolution of work in accordance with the rules grievance, it may be submitted to arbitration within fourteen (14) days following issuance of the Division 1. Should the Employer and procedures the Union fail to agree on an arbitrator, the party requesting the arbitrator shall request a panel from Federal Mediation and Conciliation Service from which an arbitrator shall be selected by the parties. 2. The Service shall nominate a list of that Officefive (5) impartial arbitrators and furnish copies of such list to both parties. 3. The party requesting who initiated the arbitration must proceedings shall, within five (5) days of the receipt of such list, strike two (2) names from said list and notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not receivednames so stricken. 28.2 Disputes arising out of proposed changes 4. The other party shall, within five (5) days, strike an additional two (2) names from said list and notify the first party in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction writing of the Canadian Railway Office of Arbitrationnames so stricken. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it 5. The party requesting arbitration shall be considered as dropped. When the appropriate officer notify Federal Mediation and Conciliation Service of the Company fails to render a decision within action taken and notify the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer arbitrator of the Company fails to render request for a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreementhearing. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in 20.01 A "grievance" is defined as any question or controversy between an employee or the UNION (brought at Step 2) with the EMPLOYER involving the interpretation, application or compliance with or non-compliance with the provisions of this AGREEMENT, provided, however: 20.02 All employees should make every effort to settle differences and disputes without filing a grievance. In the event that an agreement cannot be reached, the following steps must be taken with respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:any grievance. Step STEP 1 The aggrieved employee or the Local Chairperson shall present the his/her grievance in writing by fully completing the Step 1 Grievance Report Form (Level l) to the appropriate Head employee's immediate supervisor or his/her designee (with a copy to Human Resources), who shall answer the grievance within seven (7) work days after receipt. This written presentation of the Department grievance to the immediate supervisor must take place within 28 calendar seven (7) work days after the employee has knowledge of the facts which gave rise to the grievance or with reasonable diligence should have knowledge of such facts. In no event, however J may a grievance be initiated more than thirty (30) days following the cause date of the grievanceoccurrence from which the grievance arose. Such Head of Department will render a decision in writing within 28 calendar days following receipt If the employee does not refer his/her grievance to the second step of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head procedure within seven (or representative7) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar work days following after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved. If the grievance is processed as a class/group grievance, it shall move directly to Step 12. STEP 2 The grievance shall be referred in writing by fully completing the Step 2 Grievance Report Form (Level II) to the SUPERINTENDENT'S designee or his/her designee, who will investigate the grievance with the immediate supervisor. Such officer will render a decision in writing, giving reasons for The SUPERINTENDENT'S designee shall reply within seven (7) workdays. If the decision, within 42 calendar days following receipt employee is not satisfied with the written answer of the appeal. Step 3 SUPERINTENDENT'S designee, the employee may refer his/her grievance to the third step of the grievance procedure. If the grievance is not settled at Step 2referred to the third step within seven (7) workdays of receipt of reply from the SUPERINTENDENT'S designee, it may then shall be referred considered to be satisfactorily resolved. STEP 3 The grievance shall be submitted in writing by either party fully completing the Step 3 Grievance Report Form (Level III) to the Canadian Railway Office SUPERINTENDENT'S Designee, who shall investigate the grievance. As part of Arbitration for final such investigation, the SUPERINTENDENT or his/her designee(s) shall meet with the aggrieved employee and binding settlement without stoppage his/her representative and others having knowledge of the matter within ten (10) working days of receipt of the grievance at this step. Within ten (10) workdays after the investigation meeting is held, the SUPERINTENDENT or his/her designee's answer to the grievance shall be issued to the aggrieved employee, the UNION and all other affected individuals. The aggrieved employee shall have the right to be represented by a representative of the UNION, upon request, at any step of the foregoing grievance procedure. If an employee does not receive an answer to his/her grievance within the time limits contained in Steps 1, 2 or 3, the grievance shall be considered denied and may be advanced to the next step, whichever is appropriate. Either party may request Grievance Mediation through FMCS prior to Arbitration. Mediation must be requested in writing within ten (10) workdays after an answer is received or should have been received under Step 3. X. Xxxxxxxxxxx must be requested in writing by the UNION within ten (10) work days after the written answer is given or should have been given by the SUPERINTENDENT under Step 3 of the grievance procedure or the completion of mediation under Step 4. B. Notification of the intent of the UNION to appeal a grievance to arbitration must be submitted in writing to the SUPERINTENDENT within ten (10) work days after the written answer was given or should have been given by the SUPERINTENDENT under Step 3 of the grievance procedure, or the completion of mediation under Step 4. Upon receipt of such notification, the SUPERINTENDENT will request the Federal Mediation and Conciliation Service to provide the parties with a panel of arbitrators from which the parties can select an arbitrator in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the FMCS. C. The EMPLOYER and the UNION shall equally share the fees and expenses of the arbitrator and any expenses incidental to the arbitration proceeding. Each, however, shall be responsible for the fees and expenses of its representative(s). D. The decision of the arbitrator shall be final and binding upon the EMPLOYER, the UNION, and any employee involved in Step 2the matter. E. The arbitrator shall not have the power to add to, subtract from, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of paymodify this AGREEMENT. Only grievances, rules or working conditionsas defined herein, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails subject to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4arbitration. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes The provisions of this supplementary letter shall be considered part of the Agreement for the purpose of the grievance and arbitration procedures. The parties to this agreement have mutual interest in the timely resolution of problems and issues. During this Agreement, the parties agree to meet and discuss new methods of conflict resolution which will reduce the overall time required to resolve disputes and hopefully minimize the requirement for third party dispute resolution. Where an apprentice has completed the apprenticeship and written a Ministry of Skills Development exam but is not being offered continuing employment and has not received the apprentice‘s test results where applicable, the apprentice will be retained, without change rate of pay and without for five working days following notification that the apprentice has passed the requirements. Where an apprentice is advised of failing the trades require- ments, the apprentice may be retained, without change in rate of pay and without seniority rights, to rewrite the failed Ministry of Skills Development test, where applicable. Employees who were in receipt of the rate on date of ratification will continue to receive a rate higher than the basic rate of their classification for the duration of this agreement provided they continue to perform the work for which the rate was awarded. Performance of Work and Salaried Staff Supervisory and salaried staff have duties and responsibilities which are normally distinct from those of bargaining unit employees, and will not do work regularly performed by bargaining unit classifications. It being understood that the interpretation of this article will not be affected by any movement to common employee status. The Company will not contract work that will result in a layoff of employees in the bargaining unit. If any arises with respect to this policy, the meaning, interpretation matter xxxx discussed forthwith by representatives the Company and the Council. In the event the Company and the Council are unable to resolve or alleged violation otherwise dispose of the terms of this agreementmatter, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may any subsequent grievance will be dealt with under the grievance procedure as outlined in Article commencing at the third step. Whenever practicable, the Company will notify the Allied Council, normally at the and meeting, of its intention to contract out work or have work done on It is the Company's intent that an Ontario Health Insurance Review similar to that which met in be convened from time to time as appropriate, to review supplementary health insurance coverage for employees resident in Ontario and to make recommendations to the employees in the following manner: Step 1 province. The aggrieved Company will not require a driver to lay-over without pay while on an outside assignment. Failure to pass any qualifying stage referred to in Article will be thoroughly discussed between the employee or (and a Union representative, if the Local Chairperson shall present employee so wishes) and the grievance in writing supervision, with a view to improving the appropriate Head of employee's performance. The employee will then be allowed to be re-examined for this stage once during the Department within 28 calendar days six month period following the cause of the grievancefailure at a mutually agreed time. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of timeHowever, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appealfinal qualifying stage, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled one additional attempt at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim qualifying will be paid. The application of this rule shall not constitute an interpretation of allowed at a mutually agreed-upon time during the collective agreementsix month period following the initial failure. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect ‌ A. A grievance is defined as a dispute concerning the interpretation or application of any provision of this Agreement. In the event a bargaining unit employee, group of bargaining unit employees, or the Guild has a grievance, it shall be adjusted according to the meaning, interpretation or alleged violation of the terms procedure below. The purpose of this agreementprocedure is to secure, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following easiest and most efficient manner:, resolution of grievances. Step 1 The 1. A good faith effort shall be made to resolve any grievance between an aggrieved employee or group of employees and their immediate supervisor. An aggrieved employee may have a Union representative’s assistance with Step 1 upon request from the Local Chairperson employee. Any settlement or resolution reached at this step is not precedential. Step 2. If a settlement is not reached in Step 1, and the employee(s) wishes to initiate a formal grievance, it shall present be set forth in writing and include the following information: the nature of the grievance, the facts upon which it is based (including the date of the occurrence or event giving rise to the grievance), the section(s) of the Agreement allegedly violated, and the relief requested. The written grievance must be submitted to MinnPost’s Executive Director or the Executive Director’s designee no later than fourteen (14) calendar days after the occurrence of the event giving rise to the grievance. Within fourteen (14) calendar days after receiving the written grievance, MinnPost and the Guild shall arrange a meeting to attempt to resolve the grievance. MinnPost shall give its written response to the grievance in writing to the appropriate Head of the Department designated Guild Representative within 28 fourteen (14) calendar days following the cause meeting. Failure by MinnPost to respond within the designated timeframe will be considered a denial of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 3. If no satisfactory settlement of the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled reached at Step 2, it either MinnPost or the Guild may then be referred by either party make a written request to participate in a nonbinding mediation of the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance grievance with the rules Federal Mediation and procedures of that Office. The party requesting arbitration must notify the other party in writing Conciliation Service within 42 fourteen (14) calendar days following receipt of after the decision Step 2 written answer is received or due. Participation in mediation under this Step 2, or 3 is voluntary and must be agreed to by both MinnPost and the due date of such decision if not received. 28.2 Disputes arising out of proposed changes Guild. If both parties agree to participate in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsmediation, it shall be considered as droppedconducted and completed before either party submits the grievance to arbitration. Step 4. When If mediation is unsuccessful in resolving the appropriate officer grievance, a request to participate in mediation is declined by one of the Company fails parties, or a timely request to render participate in mediation is not made by either party, the Guild may submit a decision written demand for arbitration within fifteen (15) calendar days following the prescribed conclusion of the mediation, a declined timely request to participate in mediation, or MinnPost’s response to the Step 2 meeting, whichever occurs latest. Any arbitration requested under this Step 4 will be administered by the Federal Mediation and Conciliation Service under its Labor Arbitration Rules. B. Within ten (10) calendar days after receipt of a written demand for arbitration, the parties shall confer to select an arbitrator. If the parties are unable to agree on one arbitrator, the party demanding arbitration may request a list of seven (7) prospective arbitrators from the Federal Mediation and Conciliation Service. Either party may request up to one (1) additional list if the first supplied list is unsatisfactory. Each party shall take turns striking one name from the list until one name remains, which identifies the selected arbitrator. The party demanding arbitration strikes first. The party demanding arbitration shall bear any initial filing fees. The fees and expenses of the selected arbitrator shall be shared equally by MinnPost and the Guild, however, neither party shall be obligated to pay any portion of the cost of a stenographic transcript without prior consent. Additionally, each party shall be responsible for the costs and expenses of its own representatives and witnesses. The Arbitrator shall not have authority or jurisdiction to base their award on any alleged practice or oral understandings not incorporated into this Agreement. The Arbitrator shall interpret this Agreement based on the intent of the parties and cannot add to, delete from, or modify this Agreement. The Arbitrator’s award shall be final and binding on MinnPost, the Guild, and the employees covered by this Agreement. X. XxxxXxxx and the Guild may mutually agree in writing to extend any deadlines set forth in the grievance procedure above, for example, to allow for additional time limitsto investigate or negotiate a resolution to a grievance. Any request to extend a deadline must be made before the deadline has passed. Any agreement to extend a deadline shall not be precedential and shall not otherwise excuse strict compliance with the deadlines for other grievances. If the Guild does not make a timely request to move any grievance to the next step, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of deemed settled in accordance with MinnPost’s disposition in the collective agreementprior timely-requested step. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to 23.01 The term grievance is defined as a difference between the meaningparties respecting the interpretation, interpretation application, operation or alleged violation of a provision of the terms Agreement including a question as to whether or not a matter is subject to arbitration. A grievance is also a dispute involving the discipline of an employee bound by this agreementAgreement. (a) All grievances shall be discussed with the Executive Director or designate (who shall be outside the bargaining unit) in the presence of the Shop Xxxxxxx within twenty-eight (28) calendar days of the occurrence of the difference, or within twenty-eight (28) calendar days of when the employee first became aware of the difference. (b) If no resolution is achieved at this step, the grievance will be advanced to Step 2 by submitting the matter in writing on the prescribed grievance form stating the violation to the collective agreement and proposed resolution. The grievance will be submitted to the Executive Director or designate within seven (7) calendar days of the discussion as stated in (a) above. Step 2 Other than for cases where there is an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationunfilled vacancy, after having discussed illness or injury, two (2) of the issue following BCNU positions: President Executive Director or designate Director as well as any other required Employer representative will meet with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or Local 888 grievance committee and the Local Chairperson shall present 888 Regional Vice President or designate to hear the grievance within fourteen (14) calendar days of receipt of the notice. The Executive Director or designate will reply in writing to the appropriate Head Local 888 Regional Vice President or designate within seven (7) calendar days of the Department within 28 calendar days following the cause meeting. Copies of the grievancereply will also be sent to the grievance committee representatives and the local president. Such Head The Employer and the Union agree that if at all possible the grievance shall be solved at this stage. The grievor may be present at any of Department will render a decision the above stages of the grievance procedure. Group, general application or disciplinary grievances may be initiated at Step 2 of the grievance procedure. These grievances shall be submitted in writing within 28 twenty-eight (28) calendar days following receipt of the written grievance. During that period occurrence of timethe difference, a meeting may take place between the grievor, the local representative and the Department Head or within twenty- eight (or representative28) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of when the grieving party first became aware of the decision rendered in Step 1difference. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by resolved satisfactorily, in accordance with Step 2 above, either party may within forty-five (45) calendar days of receipt of such response refer the Union within the prescribed time limitsmatter to a single arbitrator, it who shall be considered as dropped. When selected from the appropriate officer following list. (a) Xxxx Xxxxxx (b) Xxxx Xxxxxx (c) Xxxxx XxXxxxxxxx (d) Xxxxxxxxxx Xxxxxxx (e) Xxxx Xxxxxx (f) Xxx Xxxxxxxx Should the parties fail to select an arbitrator from the above list within seven (7) calendar days of the Company fails grievance being referred to render arbitration then each party within a decision within further three (3) calendar days will select a name from the prescribed time limits, list of arbitrators and the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim final name will be paid. The application of this rule shall not constitute an interpretation of selected by chance between the collective agreementparties. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to A. For the purpose of this Agreement, a grievance is defined as a dispute between the parties concerning the meaning, interpretation interpretation, application or alleged violation by the Company of the express terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed Agreement. B. Grievances meeting the issue with the appropriate supervisor, may above definition shall be dealt with processed in the following manner: Step 1 The aggrieved employee : STEP ONE - Grievances must be submitted in writing or the Local Chairperson document scanned and sent by email to the Assistant General Manager or designee, no later than ten (10) calendar days after the employee knew or should have known of the event, occurrence or nonoccurrence giving rise to the grievance. The grievance shall present be submitted on a fully completed form and in such detail as to identify the nature of the grievance, the date of the alleged grievance, and the provision or provisions of the Agreement violated by the Company. Incomplete forms shall not be accept. The Assistant General Manager or designee, shall schedule a meeting, if requested by the Union, within ten (10) calendar days after receipt of the written or the document scanned and sent by email grievance with the employee and the appropriate Union representative designated by the Union to handle the grievance. The Assistant General Manager or designee shall respond to the Union representative in writing or the document scanned and sent by email as to his or her decision regarding the Grievance within ten (10) calendar days after receipt of the grievance by the Assistant General Manager or designee, or in writing to the appropriate Head case of the Department a meeting, within 28 ten (10) calendar days following the cause date of the meeting. STEP TWO - In the event the grievance is not resolved to the satisfaction of the employee in STEP ONE, above, the Union may submit the grievance to the General Manager, or designee, in writing o or the document scanned and sent by email within ten (10) calendar days following the date of the Company’s answer in STEP ONE. The General Manager, or designee, and the Union representative shall hold a meeting, if requested by the Union, within ten (10) calendar days of the date the Grievance is appealed to STEP TWO, to discuss the grievance. Such Head of Department will render a decision The General Manager, or designee, shall respond to the Union in writing or the document scanned and sent by email as to his or her decision regarding the Grievance within 28 ten (10) calendar days after receipt of the grievance by the General Manager, or designee, or in the case of a meeting, within ten (10) calendar days following the date of the meeting. STEP THREE - In the event the grievance is not resolved in STEP TWO, the Union may refer the Grievance to arbitration by written or or the document scanned and sent by email notice to the General Manager within 30 calendar days following the date of the General Manager’s response in STEP TWO. C. After a demand for arbitration has been made, within ten (10) calendar days the Union shall submit a request to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) names of impartial Arbitrators in the region nearest to the Company’s premises. The Company and the Union shall, within ten (10) calendar days following receipt of the written grievancelist of Arbitrators from FMCS, alternately strike names from the list until only one (1) name remains, with the order of striking to be determined by coin toss. During that period The remaining Arbitrator shall act as the Impartial Arbitrator who shall hear and decide the issue. Either party may request one time a new list of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancearbitrators at their cost. Step 2 If D. It is understood that the grievance is not settled at Step 1Arbitrator shall be without authority or jurisdiction to add to, remove from, alter, or otherwise amend in any way any provision of this Agreement. The jurisdiction and authority of the President may appeal the decision in writing, giving the reasons Arbitrator shall be for the appealdetermination of such grievance, expressly limited to the highest officer designated by interpretation, application and compliance with the Company to handle grievancesprovisions of this Agreement and supplements or appendices hereto, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party relating to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules hours or working conditionsother conditions of work, modifications as set forth in or additions the Agreement. E. The salary and all expenses of the Arbitrator, the cost of FMCS panel and any related expenses shall be shared equally between the Company and Union. Unless otherwise specifically agreed in advance, each party shall be responsible for costs it incurs and for the expenses of presenting its case. F. The Arbitrator’s decision shall be in writing and served on the Company and Union. The decision of the Arbitrator shall be final and binding upon the Company and the Union. G. It is the intent of the parties that the time limits provided for shall be strictly adhered to. Exceptions to the terms foregoing time limits shall be made only upon mutual written agreement of the parties. Failure to comply with the time limits herein or to submit an incomplete grievance form shall result in forfeiture of the failing party’s position without setting precedent. For purposes of this agreementArticle, are specifically excluded from the jurisdiction start of the Canadian Railway Office of Arbitration. 28.3 When a time limits described above shall be the calendar day the grievance is not progressed by filed or received. If a time limit expires on a Saturday, Sunday, or holiday, the Union within the prescribed time limits, it final day shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4weekday. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A. A grievance shall be defined as a dispute or complaint arising between the parties to the meaning, interpretation this Agreement under or alleged violation of the terms out of this agreementAgreement or the interpretation, application, performance, termination or when an employee claims that s/he has been unjustly dealt with in respect thereof any alleged breach thereof, and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may shall be dealt with processed and disposed of in the following manner: Step 1 1. Within ten (10) working days, an employee having a grievance and a representative of the Union shall take it up verbally with the Principal Investigator, supervisor or his/her designee, Director or other individual charged with the responsibility for the direction or functioning of the unit involved. 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 presented on a uniform, written grievance form, setting forth allegations of the specific incidence and the specific violations of the Collective Bargaining Agreement, signed by the grievant and a representative of the Union, and presented to the grievant's Department Chairman or his/her designee. The aggrieved employee Department Chairman or designee shall meet with the Local Chairperson grievant and union representative to hear the allegations of the specific incidence and the specific violations of the collective bargaining agreement within ten (10) working days upon receipt of the written grievance. The department chairman or designee shall present respond to the grievance in writing within five (5) working days after meeting with the union and the grievant. Step 3. 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, setting forth allegations of the specific violations of the Collective Bargaining Agreement, signed by the grievant and a representative of the Union and presented to the appropriate Head Senior Director of Labor Relations, with a copy to the Department Chairman or designee responsible for the second step. The Senior Director of Labor of Relations or designee shall meet with the grievant and the Union representative within 28 calendar days following the cause of the grievance. Such Head of Department will 10 working days, and shall render a decision in writing within 28 calendar 10 working days following receipt after the meeting. B. Failure on the part of the written grievance. During that period of timeemployer to answer a grievance at any Step shall not be deemed acquiescence thereto, and the Union may proceed to the next Step. C. Anything to the contrary herein notwithstanding, a meeting grievance concerning a discharge or suspension shall be presented initially at Step 3, within ten (10) working days of the time the employee is notified of the discharge or suspension. D. Without waiving the Employer's statutory rights, a grievance on behalf of the Employer may take place between be presented initially at Step 3 by notice in writing addressed to the grievorUnion at its office. E. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays. F. Any disposition of a grievance from which no appeal is taken within the local representative time limits specified herein shall be deemed conclusive, and the Department Head (or representative) grievance shall not thereafter be considered subject to discuss the grievancegrievance and arbitration provisions of this Agreement. (i) A grievance which affects a substantial number of employees, and which the Employer representatives designated in Steps 1 and 2 lack authority to settle, may be presented initially at Step 2 If 3 by a representative of the Union. (ii) A grievance concerning a layoff or failure to recall will be presented at Step 3. H. A grievance, as defined in Section A above, which has not been resolved hereunder shall, within twenty (20) working days after completion of Step 3 of the grievance is not settled at Step 1procedure, be referred for arbitration by the President may appeal Employer or the decision in writing, giving the reasons for the appeal, Union to a panel arbitrator from an agreed-upon panel of six arbitrators. Cases shall be assigned on a rotational basis to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt members of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work panel in accordance with Arbitrator Xxxxxxx’x March 15, 2004 Consent Award attached hereto as Exhibit C. Where the rules union seeks to grieve the failure of a laid off employee to be recalled to a particular position, the University will meet within 10 days of the union’s grievance. If the matter is not resolved and procedures the union wishes to arbitrate the failure to recall the arbitration will be expedited using the following procedure: If the arbitrator next on the rotation list is not available within thirty days, the parties will proceed down the list until an arbitrator with an available date within thirty days is found. I. The fees and expense of that Officethe Arbitrator shall be borne equally by the parties. J. The arbitrator shall render the award within thirty (30) days of the closing of the record. The party requesting arbitration must notify award of an Arbitrator hereunder shall be final, conclusive and binding upon the other party in writing within 42 calendar days following receipt of Employer, the decision in Step 2Union, or and the due date of such decision if not receivedemployees. 28.2 Disputes K. The Arbitrator shall have jurisdiction only over disputes arising out of proposed changes grievances, as defined in rates of paySection A above, rules and he/she shall have no power to add to, subtract from, or working conditions, modifications modify in or additions to any way the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of ArbitrationAgreement. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time L. Time limits based on the last date such decision was due, except as otherwise provided in this Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing written agreement of the step one grievance will be considered as droppedparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to 23.01 The term grievance is defined as a difference between the meaningparties respecting the interpretation, interpretation application, operation or alleged violation of a provision of the terms Agreement including a question as to whether or not a matter is subject to arbitration. A grievance is also a dispute involving the discipline of an employee bound by this agreementAgreement. (a) All grievances shall be discussed with the Executive Director or designate (who shall be outside the bargaining unit) in the presence of the Shop Xxxxxxx within twenty-eight (28) calendar days of the occurrence of the difference, or within twenty-eight (28) calendar days of when the employee first became aware of the difference. (b) If no resolution is achieved at this step, the grievance will be advanced to Step 2 by submitting the matter in writing on the prescribed grievance form stating the violation to the collective agreement and proposed resolution. The grievance will be submitted to the Executive Director or designate within seven (7) calendar days of the discussion as stated in (a) above. Step 2 Other than for cases where there is an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationunfilled vacancy, after having discussed illness or injury, two (2) of the issue following BCNU positions: President Executive Director or designate Director as well as any other required Employer representative will meet with the appropriate supervisor, may be dealt with in CEP Local 444 grievance committee and the following manner: Step 1 The aggrieved employee CEP Regional Vice President or the Local Chairperson shall present designate to hear the grievance within fourteen (14) calendar days of receipt of the notice. The Executive Director or designate will reply in writing to the appropriate Head CEP Regional Vice President or designate within seven (7) calendar days of the Department within 28 calendar days following the cause meeting. Copies of the grievancereply will also be sent to the grievance committee representatives and the local president. Such Head The Employer and the Union agree that if at all possible the grievance shall be solved at this stage. The grievor may be present at any of Department will render a decision the above stages of the grievance procedure. Group, general application or disciplinary grievances may be initiated at Step 2 of the grievance procedure. These grievances shall be submitted in writing within 28 twenty-eight (28) calendar days following receipt of the written grievance. During that period occurrence of timethe difference, a meeting may take place between the grievor, the local representative and the Department Head or within twenty-eight (or representative28) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of when the grieving party first became aware of the decision rendered in Step 1difference. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by resolved satisfactorily, in accordance with Step 2 above, either party may within forty-five (45) calendar days of receipt of such response refer the Union within the prescribed time limitsmatter to a single arbitrator, it who shall be considered as dropped. When selected from the appropriate officer following list. (a) Xxxx Xxxxxx (b) Xxxx Xxxxxx (c) Xxxxx XxXxxxxxxx (d) Xxxxxxxxxx Xxxxxxx (e) Xxxx Xxxxxx (f) Xxx Xxxxxxxx Should the parties fail to select an arbitrator from the above list within seven (7) calendar days of the Company fails grievance being referred to render arbitration then each party within a decision within further three (3) calendar days will select a name from the prescribed time limits, list of arbitrators and the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim final name will be paid. The application of this rule shall not constitute an interpretation of selected by chance between the collective agreementparties. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes 24.1 The following procedure will apply in respect the event that there is a complaint or a difference relating to the meaninginterpretation, interpretation application, administration or an alleged violation of the terms Agreement. Any complaint or difference should be discussed, and settled if possible, at the time of this agreementits occurrence by the CFM or its Local’s authorized representative and the authorized representative of the CBC. Step 1 – Any complaint or difference which cannot be settled as provided above must be put down in writing and filed through the CFM, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationit’s Local of jurisdiction, after having discussed the issue with the appropriate supervisor, may be dealt with in CBC within thirty (30) business days after the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head knowledge of the Department within 28 calendar days following the cause of occurrence giving rise to the grievance. Such Head of Department will render To be considered a decision in writing within 28 calendar days following receipt grievance, the complaint or difference must indicate the Article(s) of the written grievance. During that period of timeAgreement allegedly violated, a meeting may take place between the grievor, the local representative misapplied or misinterpreted and the Department Head relief or remedy sought. The CBC will provide a written reply to the grievance within fifteen (or representative15) business days of its receipt. The CBC has the right to discuss file a written grievance with the grievance. CFM within thirty (30) business days at Step 2 of the grievance procedure. Step 2 – If the grievance is not considered settled at by both parties following the Step 11 reply, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievancesgrievance shall, within 42 calendar fifteen (15) business days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt date of the appeal. reply, be referred to a grievance meeting with a representative of the CBC and the CFM. Step 3 If - In the event that a grievance is not settled at Step 2to the satisfaction of both parties as a result of the grievance meeting or by immediate subsequent correspondence delivered not later than fourteen (14) calendar days after the meeting, it the matter may then be referred to arbitration by either party party. Notice of referral to arbitration shall be given within forty-five (45) calendar days following the grievance meeting. Such notice to be provided in writing to the Canadian Railway CBC and to the Office of the AFM VPC and copied to the Local. 24.2 Arbitration – Where the parties have referred to arbitration, the arbitrator selected shall be mutually acceptable. If agreement is not reached on the appointment of an arbitrator within fifteen (15) business days following the notice of referral, the process for the appointment of an arbitrator described in the Status of the Artist Act shall be followed. The arbitrator shall hear and determine the grievance and issue a decision, and the decision shall be final and binding settlement without stoppage of work in accordance upon the parties. The arbitrator is not authorized to make a decision inconsistent with the rules and procedures provisions of that Officethis Agreement, or to alter, modify, amend, add or delete any part of the Agreement. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt expenses of the decision in Step 2, or arbitrator shall be borne equally by the due date of such decision if not receivedCBC and the CFM. 28.2 Disputes arising out of proposed changes 24.3 Any step in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted , in writing, between the parties. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: General Production Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 8.1 No employee will be discharged or otherwise disciplined without just cause. No employee shall be discriminated against, harassed, terminated or otherwise disciplined for union activity within the meaning of Section 7 of the National Labor Relations Act. 8.2 All disciplinary actions will be issued to employees within five (5) working days of the incident-giving rise to the meaningdiscipline. Working days shall be defined as Monday – Friday excluding weekends and contractual holidays, interpretation or alleged violation except for holidays and weekend days that the employee is working. If an employee is not working during the five (5) working days, the discipline can be issued on the employee’s first day back at work. A copy of the terms discipline shall be given to the employee at the time of the discipline. On a monthly basis, the Employer shall supply the Union with copies of all disciplinary actions. All disciplinary warning slips shall be removed from the employee’s file one (1) year after they are written. 8.3 Arbitration hearings shall be conducted with or without stenographic transcriptions or pre-trial or post-trial briefs, each party to determine whether it chooses to order such transcript or file such brief(s). The arbitrator shall issue his/her written decision as soon after the close of the hearing and in no case later than 30 days from the close of the hearing. In any event, exceeding the 30 day requirement will not service to offset a “make whole” remedy. 8.4 It is agreed that in the event of an alleged grievance or misunderstanding arising out of and during the term of this agreementAgreement, the following procedures shall be followed: Step 1. The grievant, shop xxxxxxx or when an employee claims that s/he has been unjustly dealt with committee person shall notify the supervisor in respect thereof and s/he is unable writing of the grievance or complaint within fourteen (14) calendar days of the event giving rise to obtain satisfactory explanation, after having discussed the issue grievance. Such written notice shall be on a form agreed upon by the parties. The Company shall meet with the appropriate supervisor, may be dealt with in grievant and shop xxxxxxx or committee person within ten (10) calendar days of such notification after receiving the following manner: Step 1 grievance. The aggrieved employee or the Local Chairperson Company shall present the grievance respond in writing to the appropriate Head grievance within ten (10) calendar days of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancefirst step meeting. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Grievances are defined as acts, omissions, applications of interpretations alleged to the meaning, interpretation or alleged violation be violations of the terms and conditions of this agreementAgreement. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, or when an the employee claims that s/he may avail themselves of the following procedure. A grievance shall not be expanded upon after the grievance has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue filed with the appropriate supervisordesignated appointing authority. a. Disputes arising from reduction in pay, may be dealt with in the following manner: Step 1 The aggrieved employee dismissal, suspension or the Local Chairperson shall present demotion other than initial trial service employees are subject to the grievance in writing and arbitration procedure pursuant to the appropriate Head expedited procedures described in Article 50 - Discipline and Discharge. b. Appeal of the Department within 28 calendar days following the cause a written reprimand and any other form of the grievancediscipline other than dismissal, reduction, suspension and demotion appeals. Such Head Appeal of Department will render a decision written reprimand, refusal/withholding of merit step increase and any other form of discipline other than dismissal, reduction, suspension and demotion shall be in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceaccordance with this article. Step 2 1. Employee, with or without union representation will contact their immediate supervisor to meet and discuss alleged contract violations prior to filing a written grievance at step 2. Step 2. If the issue is unresolved, the Union will submit a written grievance containing the date of occurrence, the act or omission that created the grievance, the section violated, and the remedy desired within thirty (30) days of the alleged occurrence. Where the issue is not settled at Step step 1, the President may appeal Union shall submit the decision in writing, giving the reasons for the appeal, grievance to the highest officer designated by appointing authority within thirty (30) days of the Company to handle grievances, alleged occurrence. The designated appointing authority’s response shall be due in writing within 42 thirty (30) calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 3. If the grievance is not settled at Step 2resolved by the Agency, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must Union shall notify the other party in writing Labor Relations Division of the Department of Administrative Services within 42 fifteen (15) calendar days following of receipt of the decision designated appointing authority’s response that such response is not acceptable. A meeting will be held between the parties to mutually share information about the grievance. The parties shall fully disclose their respective positions and all supporting evidence. All potential resolutions shall be discussed in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions this meeting and shall be non-prejudicial to the terms of this agreement, are specifically excluded from the jurisdiction parties if arbitrations occurs. The meeting shall occur within fifteen (15) days of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsUnion's notice, it shall be considered as dropped. When the appropriate officer of the Company fails unless otherwise agreed to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a Step 4. If the grievance there shall be neither a shut-down by is not resolved at the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party Labor Relations Division within two years from the date of filing fifteen (15) days of the step one grievance will be considered 4 notice or as droppedotherwise mutually agreed to in writing, the Union shall notify the Department of Administrative Services that it desires arbitration of the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to the meaning, interpretation or alleged violation be violations of the terms and conditions of this agreementAgreement. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, or when an the employee claims that s/he may avail themselves of the following procedure. A grievance shall not be expanded upon after the grievance has been unjustly dealt filed with the designated appointing authority. Section 2. Disputes arising from reduction in respect thereof pay, dismissal, suspension or demotion other than initial trial service employees are subject to the grievance and sarbitration procedure. Appeal of a written reprimand, refusal/he is unable withholding of merit step increase and any other form of discipline other than dismissal, reduction, suspension and demotion shall be in accordance with this article. Step 1. Employee, with or without union representation will contact their immediate supervisor to obtain satisfactory explanation, after having discussed meet and discuss alleged contract violations prior to filing a written grievance at step 2. Step 2. If the issue with is unresolved, the appropriate supervisorUnion will submit a written grievance containing the date of occurrence, may be dealt with in the following manner: Step 1 The aggrieved employee act or omission that created the Local Chairperson grievance, the section violated, and the remedy desired within thirty (30) days of the alleged occurrence. Where the issue is not settled at step 1, the Union shall present submit the grievance in writing to the appropriate Head designated appointing authority within thirty (30) days of the Department within 28 calendar days following the cause of the grievancealleged occurrence. Such Head of Department will render a decision The designated appointing authority’s response shall be due in writing within 28 thirty (30) calendar days following of receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 3. If the grievance is not settled at Step 1resolved by the Agency, the President may appeal Union shall notify the decision in writing, giving Labor Relations Division of the reasons for the appeal, to the highest officer designated by the Company to handle grievances, Department of Administrative Services within 42 fifteen (15) calendar days following of receipt of the decision rendered designated appointing authority’s response that such response is not acceptable. A meeting will be held between the parties to mutually share information about the grievance. The parties shall fully disclose their respective positions and all supporting evidence. All potential resolutions shall be discussed in Step 1this meeting and shall be non-prejudicial to the parties if arbitrations occur. Such officer will render a decision The meeting shall occur within fifteen (15) days of the Union's notice, unless otherwise agreed to in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 4. If the grievance is not settled resolved at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Labor Relations Division within 42 calendar fifteen (15) days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered 4 notice or as droppedotherwise mutually agreed to in writing, the Union shall notify the Department of Administrative Services that it desires arbitration of the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes 32.01 A grievance is any difference arising between the University of New Brunswick and the Association or between the University of New Brunswick and any CAE(s) in respect the bargaining unit relating to the meaninginterpretation, interpretation application or alleged violation administration of this Collective Agreement, including any question as to whether a matter is arbitrable, or any allegation that this Collective Agreement has been violated. 32.02 The Parties agree to make every reasonable effort to settle all grievances in a prompt, amicable, just and equitable manner. Whenever possible, informal methods such as, but not limited to, those set out in Article 32.10 and Article 11 shall be used. 32.03 The Parties agree that there shall be final and binding settlement by arbitration or by the other means provided for in this Article, of all grievances arising during the course of this Collective Agreement. 32.04 The Parties agree not to practice any discrimination, harassment, or coercion of any kind against any CAE who elects to use or not to use the procedures set out in this Article. 32.05 The Parties agree that there shall be no grievances or arbitration founded upon Articles 1 or 2, or upon actions taken by the Board of Governors upon the recommendations arising out of the recommendatory processes of Article 5 insofar as such actions are not in conflict with this Agreement. The Parties further agree that appointments made by the University of New Brunswick are not grievable unless the relevant provisions of this Collective Agreement have been violated. All grievances shall be processed according to the terms and the procedures of the Collective Agreement under which they were filed. The Parties further agree that there shall be no grievances or arbitration founded upon the disposition of the market differential adjustments insofar as the disposition is not in conflict with this Collective Agreement. The Association shall have carriage of all formal grievances. 32.06 A representative of the Association shall be present at all stages of the formal grievance and arbitration procedures, and may represent the grievor during those procedures. In addition, the grievor may be accompanied by another CAE, who may represent the grievor, at all formal stages of the grievance procedures. A representative from People & Culture may accompany the Xxxx or Vice-President at all stages of the formal grievance and arbitration procedures and may assist the Xxxx or Vice-President during those procedures. In the context of this Article, the grievor and the Parties may not be accompanied by or represented by legal counsel during the informal stage, Stage 1, or Stage 2 of the grievance procedure. 32.07 All written communications required in this Article shall be delivered by either Canada Post Office certified mail or University campus delivery for which acknowledgement of receipt has been obtained. Such communications will be deemed to have been delivered on the fifth day following posting, unless evidence exists to the contrary. Any attempt by a CAE to deliberately avoid receiving a written communication sent under the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable Article shall be deemed to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following constitute receipt of the written grievancecommunication. During A copy of all communications required by this Article shall be sent to the Association by the University of New Brunswick authority who is sending such communications, and vice-versa. 32.08 Grievances are defined in Article 32.01 and shall be classified as follows (subject to Article 31.09): (a) Individual grievance shall mean a grievance involving a CAE and particular to that (b) Group grievance shall mean a grievance involving a group of CAEs and common to all CAEs in that period of timegroup, which shall be processed as a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the single grievance. Step 2 If (c) Policy grievance shall mean a grievance initiated by the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, Association which has general application to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render bargaining unit as a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2whole, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union clearly definable group within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4bargaining unit. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect The purpose of this procedure is to provide an orderly method for resolving differences arising during the meaningterm of this Agreement. For the purpose of this Agreement, a grievance is defined as any complaint regarding the interpretation or alleged violation application of a specific provision of this Agreement. Grievances shall be processed in accordance with the following procedures and shall be initiated in writing at the appropriate step within ten (10) working days after the facts upon which the grievance is based first occur or first become known. Working days are defined as Monday through Friday, excluding holidays. Timelines may be extended by mutual agreement of the terms parties. The written grievance shall give a clear and concise statement of this agreementthe facts upon which the grievance is based, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with involved, the appropriate supervisorspecific section(s) of the Agreement alleged to have been violated, and the relief sought. Saturdays, Sundays, and contractual holidays shall be excluded in computing time limits under this Article. Grievances filed by the Association having general application or grievances involving demotions, suspensions or terminations where the Police Chief’s actions or decisions were the cause of the grievance shall be commenced at either Step 1 or Step 2, and may be dealt with in follow through all the following manner:remaining levels of the grievance procedure. Step 1 The aggrieved employee or the Local Chairperson grievance shall present the grievance be initiated in writing to the appropriate Head Chief. The Chief shall schedule a meeting at a mutually agreeable time and shall hold it within ten (10) working days of the Department within 28 calendar filing. No later than five (5) working days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievormeeting, the local representative Chief shall set forth, in writing, his/her decision and the Department Head (or representative) to discuss reasons for the grievancedecision. Step 2 If the grievance is not settled resolved at Step 1, then within ten (10) working days after receipt of the President Chief’s decision, it may appeal be appealed to the decision City Administrator. The City Administrator or his or her designee shall schedule a meeting at a mutually agreeable time and shall hold it within ten (10) working days of the filing. No later than five (5) working days following the meeting, the City Administrator shall set forth, in writing, giving his/her decision and the reasons for the appealdecision. If the grievance is not resolved at Step 2, to the highest officer designated by the Company to handle grievancesthen, within 42 calendar ten (10) working days following receipt of the decision rendered in Step 1City Administrator’s response, the Association may elect to notify the City Administrator that it is willing to proceed to binding arbitration on the grievance. Such officer will render Within ten (10) working days after the Association has notified the City Administrator of its intent to arbitrate the grievance, the Association shall attempt to agree upon a decision in writingmutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment within the specified period, giving reasons for either party may file a written request with the decision, within 42 calendar days following Wisconsin Employment Relations Commission (WERC) to provide a slate of five Commissioners and/or members of its staff to act as arbitrator. Upon receipt of a panel of arbitrators from the appeal. Step 3 If WERC, the grievance is not settled at Step 2City and the Association shall select an arbitrator by the process of elimination. The City and the Association shall alternately strike names, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Officeremaining person being the selected arbitrator. The party requesting arbitration must notify to strike first shall be determined by the other party toss of a coin. The arbitrator so selected will confer with representatives of the City and the Association and hold hearings promptly and will issue his/her decision on a timely basis. The arbitrator's decision will be in writing within 42 calendar days following receipt and will set forth the findings of fact, reasoning, and conclusions on the issue submitted. The arbitrator will be without power or authority to make any decision in Step 2, which requires the commission of an act prohibited by law or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to which would violate the terms of this agreement, are specifically excluded from the jurisdiction Agreement. This decision of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by arbitrator will be final and binding on the Union within the prescribed time limits, it parties. The parties shall be considered as droppedresponsible for the costs of their own presentation at hearing. When In the appropriate officer event there is a charge or expenses for the services of an arbitrator or for a transcript of the Company fails to render a decision within the prescribed time limitsproceedings, the grievance may be progressed parties shall share the costs equally. If one of the parties determines that it does not desire to have a copy of the next step within transcript, the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it requesting party shall be considered as dropped. When solely responsible for the appropriate officer cost of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreementtranscript. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Any grievance or dispute, which may arise betw een the parties concerning the application, meaning or interpretation of this A greement shall be settled pursuant to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims Article. The School Committee and the Association desire that s/he has been unjustly dealt such procedure shall always be as confidential as may be appropriate for the grievance involved at the procedural level involved. date of the grievance with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue his/ her principal/ immediate supervisor with the appropriate supervisor, object of resolving the matter informally. The Association Representative may be dealt present. The principal/ immediate supervisor must render a decision in writing within five (5) working days of said presentation. Association Representative’s concurrence, present the matter in writing to the Human Resources Director within five (5) working days following such Level One presentation. The Human Resources Director shall, within eight (8) working days after written receipt of the written grievance, notify and meet with in the following manner: Step 1 The aggrieved employee or and the Local Chairperson Association Representative in an effort to resolve the matter. The Human Resources Director shall render his/ her decision to the grievance in writing within five (5) working days of the presentation. Group grievance will be processed at this level. may present the grievance in writing to the appropriate Head Superintendent of Schools within five (5) working days of receipt of the Department within 28 calendar days following the cause written response of the grievanceHuman Resources Director. Such Head The Superintendent of Department will render a decision in writing Schools shall, within 28 calendar five (5) working days following after receipt of the written grievance, notify and meet with the aggrieved employee and the Association Representative in an effort to resolve the matter. During that period The Superintendent shall render their decision to the grievance in writing within five (5) working days after the meeting. Disciplinary procedures, if necessary, will be processed at this level. Representative may, within ten (10) working days of timethe receipt of the written response of the Superintendent, send written notification of the grievance and copies of all prior grievance-related correspondence by certified mail to the Chairman of the School Committee. The School Committee at its next regularly scheduled meeting, or a meeting may take place between specifically convened for this matter, shall meet with the grievor, the local representative aggrieved employee and the Department Head (or representative) Association Representative to discuss the grievance. Step 2 If . The School Committee will take the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will under advisement and render a decision in writingno later than ten (l0) days following its next regularly scheduled meeting. Discharge procedures, giving reasons for if necessary, will be processed at this level. fifteen (15) calendar days of the rendering of the School Committee’s decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of its intent to arbitrate. Selection of an arbitrator shall be by mutual consent of the decision in Step 2parties. In the event that the parties are unable to agree on an arbitrator, or the due date a list of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded five qualified arbitrators will be requested from the jurisdiction American Arbitration Association. From this list the Association and the School Committee will in turn strike the name of an arbitrator until there is only one remaining name. The last remaining arbitrator will be used. The cost of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed arbitration proceedings will be equally shared by the Union within the prescribed time limits, it shall be considered as droppedparties to this A greement. When the appropriate officer The findings of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim arbitrator will be paid. The application of this rule shall not constitute an interpretation of the collective agreementbindi ng upon both parties. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to A. A grievance is defined as any dispute involving the meaninginterpretation, interpretation application, or alleged violation of the terms a provision of this agreement, Agreement. A grievance or when an employee claims dispute that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may arise shall be dealt with settled in the following manner: Step 1 The 1: Within 14 calendar days after its occurrence, the aggrieved employee party shall discuss the complaint with the immediate supervisor. Within 7 additional calendar days the supervisor or the Local Chairperson shall present the grievance in writing department head will reply to the appropriate Head of the Department within 28 calendar days following the cause of the grievancecomplaint. Such Head of Department will render The employee may have a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceUnion Representative present. Step 2 2: If the grievance is not settled satisfactorily at Step 1, the President may appeal grievance shall, within 7 additional calendar days, be submitted in writing through the decision in writing, giving the reasons for the appeal, Union to the highest officer Director of Labor Relations and Human Resources. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. Within 7 additional calendar days of the receipt of the written grievance, the Director of Labor Relations and Human Resources shall contact the Business Representative or anyone so designated by the Company Union to handle grievances, within 42 calendar days following receipt of schedule a meeting to discuss the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealgrievance or misunderstanding. Step 3 If 3: Should the Business Representative and the Director of Labor Relations and Human Resources be unable to resolve the grievance is not settled at Step 2or misunderstanding within 7 additional calendar days after their meeting to discuss the grievance or misunderstanding, it and if the grievance or misunderstanding involves an interpretation of this Agreement, either the Union or the District may then be referred by either party submit the grievance or misunderstanding to arbitration pursuant to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. established below. B. The party requesting desiring arbitration must notify shall give to the other party in writing within 42 written notice that the matter is to be submitted to arbitration and shall specify the grievance to be arbitrated. Within 7 additional calendar days following receipt thereafter, the other party shall give in like manner written notice specifying their reply. Upon submission of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions a grievance to arbitration under the terms of this agreementsection, are specifically excluded the parties shall, within 7 calendar days after the request to arbitrate, attempt to agree upon an arbitrator. If no agreement on an arbitrator is reached after 7 calendar days, either party may request the Federal Mediation and Conciliation Service to submit a list of 5 names. Within 7 calendar days of receipt of the list, the parties shall select an arbitrator by striking 2 names from the jurisdiction list in alternate order, and the name remaining shall be the arbitrator. The Union and/or District shall not be permitted to assert in such arbitration proceeding any group or to rely on any evidence not shared with the other party. The arbitrator shall be empowered to make compensatory awards but shall not be empowered to add to, subtract from, and otherwise modify the terms and conditions of this Agreement. The expense of the Canadian Railway Office of Arbitrationarbitration shall be borne equally by the parties. 28.3 When a grievance is not progressed by C. All decisions of the arbitrator made within the scope of the submission and within the authority of the arbitrator as defined in this Article shall be final and binding on the District and the Union. D. If the employee or the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within timely file or submit the prescribed time limitsgrievance to the next step, the grievance is forever waived and/or the grievance is deemed settled. If the District fails to timely respond to a grievance, the grievance is deemed denied and the employee may be progressed file the grievance at the next step. The parties may, by written agreement, change any time limit or steps in the procedure. E. In the event one of the parties to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When arbitration wants a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer transcript of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limitsarbitration proceedings, the claim party requesting the transcript shall pay all costs of such transcript. If both parties want a transcript, they will be paid. The application of this rule shall not constitute an interpretation of the collective agreementshare all costs equally. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes 1. The grievance procedures set forth herein shall be the sole 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 provision of this Collective Bargaining Agreement. Employee discipline shall be subject to this Grievance procedure. 2. A grievance shall be defined as and limited to a dispute or disputes involving the interpretation or application of a specific part or parts of this Agreement, and discipline. Any grievance filed under this procedure shall bear the name and signature of any and all employees bringing the grievance, except when the Union itself brings the grievance, in respect which case the grievance will be signed by an officer of the Union. 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 shall be limited to the meaning, interpretation section(s) so identified. 3. At all steps within the grievance procedure the employee or alleged violation of employees bringing the terms of this agreement, grievance shall be entitled to have Union representative(s) in attendance to assist him or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may her. The grievance procedure shall be dealt with administered in the following manner: Step 1 1. The aggrieved employee employee(s), shall first file the grievance in writing, using the attached grievance form, with their Battalion Chief. The filing of a grievance shall be done within ten (10) working days of when the grievant knew or should have known of the Local Chairperson event giving rise to the grievance. In those cases where the Union files a grievance, the Union shall present file the grievance in writing with the Deputy Chief or his designee within ten (10) working days of when the affected employee(s) knew or should have known of the event giving rise to the appropriate Head grievance. The procedure effectively will be at step 3 of this article. The day of the Department event shall not be counted when determining if a grievance was filed in a timely manner. For the purpose of this article, workdays shall not be defined with reference to the individual grievant or grievants, but rather shall mean 0700 to1700 hours, Monday through Thursday, excluding holidays. The Battalion Chief shall meet with the grievant within 28 calendar ten (10) working days following of receipt of the cause grievance and shall submit his or her decision in writing to the grievant within ten (10) working days from the date of the meeting. Step 2. If the grievance is not resolved at Step 1, the grievant shall present the original grievance, together with the Battalion Chief’s response, to the Deputy Chief or his designee, within ten (10) working days of the date the grievant received the Battalion Chief’s response. Within ten (10) working days from his receipt of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (Deputy Chief or representative) his designee shall provide his answer to discuss the grievance. Step 2 3. If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled resolved at Step 2, it may then be referred by either party the grievant shall present the original grievance, together with the Deputy Chief’s response, to the Canadian Railway Office Fire Chief or his designee, within ten (10) working days of the date the grievant received the Deputy Chief’s response. Within ten (10) working days from his receipt of the grievance, the Fire Chief or his designee shall provide his answer to the grievance. Arbitration If the grievant is dissatisfied with the grievance resolution issued by the Fire Chief or his designee, the matter may be submitted for final and binding settlement without stoppage arbitration as provided in this Article. Only the Union may bring a grievance to arbitration. (a) Within ten (10) working days from the decision of work in accordance with the rules and procedures of that Office. The party requesting arbitration Fire Chief, the Union must notify the other Chief of its intention to arbitrate and shall request from the Federal Mediation and Conciliation Service (FMCS) a list of seven (7) names of qualified arbitrators who shall be required to maintain a travel address within Florida. The District or the Union may reject the entire list, but each party in writing within 42 calendar shall only be entitled to strike one such list. Within fifteen (15) working days following after the receipt of the decision in Step 2list of arbitrators, representatives of the parties shall confer and each party shall alternately strike names, with the Union striking first. The last name on the list after the parties have struck three (3) names each shall be the arbitrator selected. The Employer or the due Union shall notify FMCS of the selection within five (5) working days from the date the names were struck. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall bear the cost of its own representative, counsel and witnesses. The fees and reasonable expenses of the arbitrator shall be paid by the losing party. Upon request by either party a record of the hearing shall be made, either by a court reporter or other electronic recording. The requesting party shall be responsible for all of the expenses. Any expenses involved in transcribing the arbitration hearing shall be borne by the party requesting the transcript. Any such party requesting a copy of such transcript shall also be responsible for 50% of the cost for the recorder. The decision if not received. 28.2 Disputes arising out of proposed changes in rates of paythe arbitrator shall be binding on the parties so long as it is consistent with Federal and State law and this Agreement. The arbitrator shall have no power to amend, rules add to, modify, ignore or working conditions, modifications in or additions to subtract from the terms of this agreementAgreement, are specifically excluded from or to grant relief in the jurisdiction event he or she determines that the grievance was untimely filed or appealed. The arbitrator shall limit his or her decision strictly to the interpretation, application and enforcement of this Agreement. (b) The arbitrator shall arbitrate only the issues presented. (c) In case of discipline, the role of the Canadian Railway Office of Arbitrationarbitrator shall be to: i. Determine whether just cause exists to support the resulting discipline ii. Determine if the resulting discipline was proper, taking into account all evidence and testimony presented at the arbitration hearing. 28.3 When a grievance iii. Sustain the resulting discipline, if the arbitrator finds that the District acted properly. Modify or eliminate the resulting discipline, if it is determined that just cause did not progressed by exist or that the Union within level of discipline imposed was inappropriate for the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4transgression alleged. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms and conditions of this Agreement. Grievances shall be reduced to writing and submitted on the AFSCME Grievance Form and Fact Sheet. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, the employee may avail themselves of the following procedure. A grievance shall not be expanded upon after Step 3 of the grievance procedure. Section 2. Disputes in respect arising from dismissal are subject to the meaninggrievance and arbitration procedure pursuant to the expedited procedures described in Article 45, interpretation Discipline and Discharge. All other disciplinary actions and refusal/withholding of merit step increases shall follow the steps outlined in this article. Step 1. Employee, with or without Union representation will file a written grievance within thirty (30) calendar days from the date of the alleged violation of the terms agreement with their Functional Unit Manager (Local State Director). The Functional Unit Manager shall respond in writing within thirty (30) calendar days from the date of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:grievance being received. Step 1 The aggrieved employee or 2. If the Local Chairperson grievance is not resolved at Step 1, the Union shall present appeal the grievance in writing to the appropriate Head designated appointing authority or designee within fifteen (15) calendar days from the date of receipt of the Department within 28 calendar days following the cause of the grievanceStep 1 response. Such Head of Department will render a decision The appointing authority or designee shall respond in writing within 28 thirty (30) calendar days following from the date of receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 3. If the grievance is not settled resolved at Step 12, the President may Union shall appeal the decision grievance in writing, giving the reasons for the appeal, writing to the highest officer designated by the Company to handle grievances, Department of Corrections Human Resources Division within 42 fifteen (15) calendar days following of receipt of the decision rendered appointing authority‘s response that such response is not acceptable. The Assistant Director of the Human Resources Division or designee shall respond in Step 1. Such officer will render a decision in writing, giving reasons for the decision, writing within 42 twenty-one (21) calendar days following of receipt of the appeal. Step 3 4. If the grievance is not settled resolved at Step 23, it may then be referred by either party the Union shall appeal the grievance in writing to the Canadian Railway Office Department of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Administrative Services Labor Relations Unit within 42 fifteen (15) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing receipt of the step Step 3 response. The Labor Relations Unit shall respond in writing within thirty (30) calendar days from the date of receipt of the appeal. a) If the grievance is not resolved at Step 4, the Union will, within fifteen (15) calendar days from receipt of the Step 4 response, request from the Employment Relations Board the names of five (5) qualified arbitrators. Such notice to the Board shall identify the specific grievance by employee name(s), work location, bargaining unit and date the grievance was filed, and a statement that, ―This shall serve as official notice of the Union‘s intent to arbitrate this grievance.‖ A copy of this notice shall be sent to the Department of Administrative Services Labor Relations Unit. b) The parties shall alternately strike names with the moving party striking first, from the Employment Relations Board list, one grievance will (1) name at a time until only one (1) name remains on the list. The name remaining on the list shall be considered accepted by the parties as droppedthe arbitrator, and arbitration hearings shall commence at such time and place mutually agreed to by the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect It is agreed by the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (30) days after the alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written response to the meaninggrievance will be given within ten (1 0) days after such discussion has taken place. For the purpose of this Article the supervisor shall mean manager of a department or other person designated by Failing settlement, interpretation the grievance may be taken up on the following sequence provided it is presented within fifteen (15) days of the supervisor's reply thereto. The grievance may be presented in writing to the manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not more than two (2) employees of within ten (10) days of the receipt of the grievance at which the may attend if requested by either party in the company of the Guild representative and provided they can be spared operationally by for the purpose of assistance at the meeting as he considers necessary and will give the his decision in writing within ten (10) days following the meeting, with a copy to the Guild representative. In the event that any difference arising from the interpretation, application or alleged violation contravention of this Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within thirty (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision and the decision shall be final and binding upon both parties. The arbitrator shall not be authorized to alter, modify or amend any part of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof Agreement not to make any decision inconsistent therewith. and s/he is unable to obtain satisfactory explanation, after having discussed the issue with Guild shall each pay one-half the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head remuneration and expenses of the Department within 28 calendar days following the cause arbitrator. Neither party shall be obligated to pay any part of the grievancecost of any stenographic transcript of an arbitration hearing without its express consent. Such Head of Department will render a decision in writing within 28 calendar days following receipt of It is agreed that the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision set out with respect to such grievances and arbitrations in this Article shall serve as a claim guideline for unpaid wages within the prescribed time limits, the claim will be paidparties. The application of this rule Failure to comply with these guidelines shall not constitute an interpretation of the collective agreement. 28.5 a time-bar. The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The time limits specified herein imposed upon either party at any step in the grievance procedure may be extended by mutual agreement. 28.6 Settlement . A request for extension of a grievance shall not involve retroactive pay beyond 60 calendar days the time limit made prior to the date expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that a disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considersjust and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be presented in writing signed by the Manager for Canada or his designate, to the Guild within ten days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation of the grievance, the Guild shall give its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance was first may be referred to arbitration within ten (10) days of the date received the Guild’s reply. Guild Grievance The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing. 28.7 Prior writing to adjudication the Manager for Canada or final disposition his designate within ten days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation of the grievance, shall give the Guild its written reply to the grievance there in ten 0) days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten (10) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the same individual grievance arising out of the same circumstances and based on the same incident, such grievances may be combined and treated as a group grievance. The Guild shall have the right to file a group grievance on behalf of the affected individual employees and the regular grievance procedure shall be neither followed. For the purpose of this Agreement, "day" means a shut-down by the Company nor calendar day and "grievance" means a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years complaint arising from the date interpretation, application, administration or alleged violation of filing of the step one grievance will be considered as dropped.this Agreement. Discipline and Discharge

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 20.1 The Hospital and the Association pledge their active, aggressive, and continuing efforts to secure prompt disposition of grievances and agree that most disputes can be solved through oral discussion. 20.2 In the event of any controversy concerning the meaning, interpretation application or alleged violation of the terms any provision of this agreementAgreement not expressly excluded from grievance and arbitration procedures, or when an employee claims that s/he has been unjustly dealt with in respect thereof such controversy shall be treated as a grievance and s/he is unable to obtain satisfactory explanationshall be settled, after having discussed the issue with the appropriate supervisorif at all possible, may be dealt with in by the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievanceprocedure. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representativematter(s) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then shall be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work exclusively resolved in accordance with the rules procedure herein provided. Both parties agree to keep the grievance procedure free of non‐meritorious grievances. 20.3 No grievance shall be filed or processed based on facts or events which have occurred more than fifteen (15) business days after having knowledge that an issue exists. 20.4 The Hospital and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt Association agree to follow each of the decision grievance steps that follow and if, in Step 2any steps, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions Hospital’s representative fails to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union give written answer within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limitslimits herein set forth, the grievance may shall automatically be progressed transferred to the next step at the expiration of such time limit. Any grievance not moved by the aggrieved Registered Nurse to the next step within the prescribed time limits based on provided following the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance Hospital’s response will be considered as droppedresolved and closed on the basis of the last disposition. Grievances dealing with suspension or discharge cases shall commence at Step 3 by presenting the grievance in writing, to the appropriate designed representative of the Hospital within fifteen (15) business days of the suspension or discharge. By mutual agreement, certain steps may be waived. Where an extension of the time limits at any step is desired by either party, it must be requested in writing and shall stipulate the period of time extension needed, which shall be of reasonably short duration. 20.5 The Hospital and the Association agree to the following procedure of presenting and adjusting grievances, which must be processed in accordance with the following steps, time limits and conditions. Step 1. The aggrieved Registered Nurse, with an Association representative if a Registered Nurse desires, must request a meeting (in writing) within fifteen (15) business days of the alleged contract violation to discuss the matter with the Registered Nurse’s immediate Supervisor before proceeding further with the grievance process. The Registered Nurse’s immediate Supervisor shall, within fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to the meaning, interpretation or alleged violation be violations of the terms and conditions of this agreementAgreement. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, or when an the employee claims that s/he may avail themselves of the following procedure. A grievance shall not be expanded upon after the grievance has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue filed with the appropriate supervisordesignated appointing authority. Section 2. Disputes arising from reduction in pay, may be dealt with in the following manner: Step 1 The aggrieved employee dismissal, suspension or the Local Chairperson shall present demotion other than initial trial service employees are subject to the grievance and arbitration procedure. Appeal of a written reprimand, refusal/withholding of merit step increase and any other form of discipline other than dismissal, reduction, suspension and demotion shall be in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceaccordance with this article. Step 2 1. Employee, with or without union representation will contact their immediate supervisor to meet and discuss alleged contract violations prior to filing a written grievance at step 2. Step 2. If the issue is unresolved, the Union will submit a written grievance containing the date of occurrence, the act or omission that created the grievance, the section violated, and the remedy desired within Step 3. If the grievance is not settled at Step 1resolved by the Agency, the President may appeal Union shall notify the decision in writing, giving Labor Relations Division of the reasons for the appeal, to the highest officer designated by the Company to handle grievances, Department of Administrative Services within 42 fifteen (15) calendar days following of receipt of the decision rendered designated appointing authority’s response that such response is not acceptable. A meeting will be held between the parties to mutually share information about the grievance. The parties shall fully disclose their respective positions and all supporting evidence. All potential resolutions shall be discussed in Step 1this meeting and shall be non-prejudicial to the parties if arbitrations occur. Such officer will render a decision The meeting shall occur within fifteen (15) days of the Union's notice, unless otherwise agreed to in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 4. If the grievance is not settled resolved at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Labor Relations Division within 42 calendar fifteen (15) days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered 4 notice or as droppedotherwise mutually agreed to in writing, the Union shall notify the Department of Administrative Services that it desires arbitration of the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Grievances are defined as acts, omissions, applications of interpretations alleged to the meaning, interpretation or alleged violation be violations of the terms and conditions of this agreementAgreement. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, or when an the employee claims that s/he may avail themselves of the following procedure. A grievance shall not be expanded upon after the grievance has been unjustly dealt filed with the Agency Head. a. Disputes arising from reduction in respect thereof pay, dismissal, suspension or demotion other than initial trial service employees are subject to the grievance and sarbitration procedure pursuant to the expedited procedures described in Article 51, Discipline and Discharge. b. Appeal of a written reprimand and any other form of discipline other than dismissal, reduction, suspension and demotion appeals. Appeal of a written reprimand, refusal/he is unable withholding of merit step increase and any other form of discipline other than dismissal, reduction, suspension and demotion shall be in accordance with this Article. Section 3. Employee, with or without Union representation will contact their immediate supervisor to obtain satisfactory explanation, after having discussed meet and discuss alleged contract violations prior to filing a written grievance at Step 1. Step 1. If the issue with is unresolved, the appropriate supervisorUnion will submit a written grievance containing the date of occurrence, may be dealt with in the following manner: Step 1 The aggrieved employee act or omission that created the Local Chairperson shall present grievance, the grievance in writing to section violated, and the appropriate Head remedy desired within thirty (30) days of the Department alleged occurrence. The supervisor’s response shall be done within 28 calendar fifteen (15) days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 2. If the grievance issue is not settled at Step 1, the President may appeal Union shall submit the decision in writing, giving the reasons for the appeal, grievance to the highest officer Agency Head or designee within fifteen (15) days of the first step response or its due date, whichever is first. The Agency Head or designated by the Company to handle grievances, representative's response shall be due in writing within 42 fifteen (15) calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 3. If the grievance is not settled at Step 2resolved by the Agency, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must Union shall notify the other party in writing Human Resource Services Division-Labor Relations Unit of the Department of Administrative Services within 42 fifteen (15) calendar days following of receipt of the decision Agency response that such response is not acceptable. A meeting will be held between the parties to mutually share information about the grievance. The parties shall fully disclose their respective positions and all supporting evidence. All potential resolutions shall be discussed in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions this meeting and shall be non-prejudicial to the terms of this agreement, are specifically excluded from the jurisdiction parties if arbitration occurs. The meeting shall occur within thirty (30) days of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsUnion's notice, it shall be considered as dropped. When the appropriate officer of the Company fails unless otherwise agreed to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a Step 4. If the grievance there shall be neither a shutis not resolved at the HRSD-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party Labor Relations Unit within two years from the date of filing of the step one grievance will be considered as dropped.thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Having a desire to create and maintain labor relations harmony between them, the meaningparties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, interpretation application or alleged violation of the terms a specific provision of this agreementAgreement. A grievance shall be defined as any dispute involving the interpretation, application or alleged violation of a specific provision of the Agreement. Step 1. Any dispute involving the interpretation, application, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue alleged violation of a specific provision of this Agreement shall be taken up with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department employee's immediate supervisor within 28 calendar 15 working days following the cause of the grievance. Such Head The immediate supervisor shall have five working days to respond. All grievances must be discussed with the immediate supervisor prior to the filing of Department will render a decision in writing within 28 calendar days following receipt of formal grievance and no formal grievance may be filed until the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) immediate supervisor has been given opportunity to discuss the grievanceattempt resolution. Step 2 2. If the grievance is not settled at Step 1resolved informally, a formal grievance may be presented in writing within 10 working days from the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in immediate supervisor's response - Step 11 to the Chief of Vehicle Services Bureau. Such officer will render a decision in writing, giving reasons for The Management representative at the decision, within 42 calendar second step shall have 10 working days following from receipt of the appealgrievance to respond in writing. Step 3 3. If the grievance is not settled resolved at Step 2, it may then be referred by either party presented to the Canadian Railway Office Administrator of Arbitration for final and binding settlement without stoppage the Motor Vehicle Division or a designee within 10 working days of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or 2 response. The Administrator shall have 15 working conditions, modifications in or additions days to respond to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior Step 4. If the grievance is not resolved at Step 3, it may be presented to adjudication the Attorney General or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party designee within two years from the date of filing 10 working days of the step one receipt of the Step 3 response. The Attorney General or designee shall have 15 working days to respond to the grievance will be considered as droppedin writing. Should the Federation consider the decision of the Attorney General or designee unsatisfactory, the Federation shall, within 15 working days of receipt of such decision, notify the Administrator and the Chief of the State Office of Labor Relations of its decision to take the grievance to final and binding arbitration.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A. Any employee under this Agreement, except employees with less than nine (9) months of employment, shall have the right to challenge the existence of good and sufficient cause of discharge or discipline, including written reprimand, suspension with or without pay, or demotion, by filing a grievance at step two (2) and proceeding to step three (3), if necessary, with Association approval. Discipline shall not be imposed for misconduct occurring more than eighteen (18) months prior to the meaning, interpretation or alleged violation date of discipline unless the Town was not aware of the terms misconduct and then the applicable time shall be 18 months from the date the Town learns of this agreementthe misconduct. B. When the Employer seeks the imposition of a written reprimand, suspension without pay, loss of accrued leave credits, or when an discharge, notice of such discharge or discipline shall be made in writing with copies provided to the employee claims that s/he and the CSEA Labor Relations Specialist. Disciplinary and discharge notices will be provided in person to the affected employee, if possible, and to the CSEA Specialist via email and regular mail. The notice of such discipline shall contain the basis for STEP 1 Any employee who believes (s)he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed a justifiable grievance shall discuss the issue matter with the appropriate supervisorDepartment Head, may be dealt with or without an Association Representative present, in an attempt to settle the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present same within five (5) working days after the grievance in writing occurs. Within five (5) working days after the oral presentation of the problem, the Department Head shall communicate on a written basis his/her decision to the appropriate Head employee and the Association Representative, if any. STEP 2 If the employee is not satisfied with the decision of the Department Head, (s)he and/or the Association Representative may, within 28 calendar five (5) working days following thereafter, request a review and determination of the cause grievance by the Town Supervisor or authorized designee. The grievance shall be in writing and contain statements relating to the nature of the grievance. Such Head of Department will render Within five (5) working days after receiving the request for a decision step two (2) hearing, the Town Supervisor shall convene a meeting for the aggrieved employee and the Association Representative(s). Thereafter, the Town Supervisor shall answer in writing within 28 calendar five (5) working days following receipt after the meeting, the decision for the resolution of the written grievance. During All time limits contained in this Article may be extended by mutual agreement between both parties. Extensions shall be confirmed in writing by the party requesting them. In the event that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled adjusted at Step 1the conclusion of step two (2), the President grievance, through the Civil Service Employees Association, may appeal request in writing the decision in writing, giving appointment of an arbitrator from PERB and/or the reasons for the appeal, to the highest officer designated by the Company to handle grievances, American Arbitration Association within 42 calendar thirty (30) working days following after receipt of the decision rendered in Step 1at the conclusion of step two (2). Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt The expense of the appeal. Step 3 If arbitration will be shared equally between the grievance is not settled at Step 2, it may then Town and Association. The decision of the arbitrator will be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage upon both parties of work in accordance with the rules and procedures of that OfficeAgreement. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt arbitrator shall have no power to add, to subtract from, or modify any of the decision conditions or provisions of the Agreement, however, in Step 2the event a dispute arises as the issues to be determined in the arbitration, or said arbitrator is hereby empowered to not only resolve the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of paydispute, rules or working conditions, modifications in or additions but to determine the terms issues to be decided. Use of this agreement, are specifically excluded from grievance and arbitration procedure is the jurisdiction of the Canadian Railway Office of Arbitrationexclusive procedure to challenge any discharge or discipline as defined above. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect ‌ A. A grievance is defined as a dispute concerning the interpretation or application of any provision of this Agreement. In the event a bargaining unit employee, group of bargaining unit employees, or the Guild has a grievance, it shall be adjusted according to the meaning, interpretation or alleged violation of the terms procedure below. The purpose of this agreementprocedure is to secure, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following easiest and most efficient manner:, resolution of grievances. Step 1 The 1. A good faith effort shall be made to resolve any grievance between an aggrieved employee or group of employees and their immediate supervisor. An aggrieved employee may have a Union representative’s assistance with Step 1 upon request from the Local Chairperson employee. Any settlement or resolution reached at this step is not precedential. Step 2. If a settlement is not reached in Step 1, and the employee(s) wishes to initiate a formal grievance, it shall present be set forth in writing and include the following information: the nature of the grievance, the facts upon which it is based (including the date of the occurrence or event giving rise to the grievance), the section(s) of the Agreement allegedly violated, and the relief requested. The written grievance must be submitted to MinnPost’s Executive Director or the Executive Director’s designee no later than twenty-one (21) calendar days after the occurrence of the event giving rise to the grievance. Within fourteen (14) calendar days after receiving the written grievance, MinnPost and the Guild shall arrange a meeting to attempt to resolve the grievance. MinnPost shall give its written response to the grievance in writing to the appropriate Head of the Department designated Guild Representative within 28 fourteen (14) calendar days following the cause meeting. Failure by MinnPost to respond within the designated timeframe will be considered a denial of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 3. If no satisfactory settlement of the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled reached at Step 2, it either MinnPost or the Guild may then be referred by either party make a written request to participate in a nonbinding mediation of the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance grievance with the rules Federal Mediation and procedures of that Office. The party requesting arbitration must notify the other party in writing Conciliation Service within 42 fourteen (14) calendar days following receipt of after the decision Step 2 written answer is received or due. Participation in mediation under this Step 2, or 3 is voluntary and must be agreed to by both MinnPost and the due date of such decision if not received. 28.2 Disputes arising out of proposed changes Guild. If both parties agree to participate in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsmediation, it shall be considered as droppedconducted and completed before either party submits the grievance to arbitration. Step 4. When If mediation is unsuccessful in resolving the appropriate officer grievance, a request to participate in mediation is declined by one of the Company fails parties, or a timely request to render participate in mediation is not made by either party, the Guild may submit a decision written demand for arbitration within fifteen (15) calendar days following the prescribed conclusion of the mediation, a declined timely request to participate in mediation, or MinnPost’s response to the Step 2 meeting, whichever occurs latest. Any arbitration requested under this Step 4 will be administered by the Federal Mediation and Conciliation Service under its Labor Arbitration Rules. B. Within ten (10) calendar days after receipt of a written demand for arbitration, the parties shall confer to select an arbitrator. If the parties are unable to agree on one arbitrator, the party demanding arbitration may request a list of seven (7) prospective arbitrators from the Federal Mediation and Conciliation Service. Either party may request up to one (1) additional list if the first supplied list is unsatisfactory. Each party shall take turns striking one name from the list until one name remains, which identifies the selected arbitrator. The party demanding arbitration strikes first. The party demanding arbitration shall bear any initial filing fees. The fees and expenses of the selected arbitrator shall be shared equally by MinnPost and the Guild, however, neither party shall be obligated to pay any portion of the cost of a stenographic transcript without prior consent. Additionally, each party shall be responsible for the costs and expenses of its own representatives and witnesses. The Arbitrator shall not have authority or jurisdiction to base their award on any alleged practice or oral understandings not incorporated into this Agreement. The Arbitrator shall interpret this Agreement based on the intent of the parties and cannot add to, delete from, or modify this Agreement. The Arbitrator’s award shall be final and binding on MinnPost, the Guild, and the employees covered by this Agreement. C. MinnPost and the Guild may mutually agree in writing to extend any deadlines set forth in the grievance procedure above, for example, to allow for additional time limitsto investigate or negotiate a resolution to a grievance. Any request to extend a deadline must be made before the deadline has passed. Any agreement to extend a deadline shall not be precedential and shall not otherwise excuse strict compliance with the deadlines for other grievances. If the Guild does not make a timely request to move any grievance to the next step, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of deemed settled in accordance with MinnPost’s disposition in the collective agreementprior timely-requested step. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to The following has been agreed between the meaning, interpretation or alleged violation of the terms of this agreement, or when parties: A. A grievance is a claim by an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head group of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2employees, or the due date SCBTA that there has been or is a violation or deprivation of such decision if not receiveda term and/or condition of employment covered by this Agreement. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When B. If a grievance is not progressed by the Union within the prescribed time limitsteacher has a grievance, it shall be considered as dropped. When put in writing on a form to be submitted to the appropriate officer teacher’s immediate supervisor, within thirty (30) calendar days (excluding July and August) after the first occurrence of the Company fails facts that led to render a decision the grievance or within thirty (30) calendar days (excluding July and August) after the prescribed time limitsteacher should have reasonably known of the grievance; otherwise, the right to grieve is waived. The teacher’s immediate supervisor shall meet and discuss the grievance promptly in an effort to settle it, and the supervisor shall give his/her answer in writing within fourteen (14) calendar days after the meeting. The teacher may be progressed have a representative of the Association present at this meeting. C. If the matter is not satisfactorily settled and/or the immediate supervisor does not give an answer within fourteen (14) calendar days after the meeting, then the teacher may process the grievance to the next step District Superintendent by delivering the form to the District Superintendent within fourteen (14) calendar days after the prescribed time limits based on immediate supervisor gave, or should have given, his/her answer; otherwise, the last date such decision was due, except as otherwise provided in Article 28.4right to continue with the grievance is waived. 28.4 When D. The District Superintendent or his designee will meet with the teacher within fourteen (14) calendar days after receipt of the grievance in an effort to settle the matter. The teacher may have a grievance based representative of the Association present at the meeting. The District Superintendent or his designee will give an answer in writing within fourteen (14) calendar days after the meeting. E. If the matter is not satisfactorily settled, or if the District Superintendent or his designee does not give his answer within fourteen (14) calendar days from the date of the meeting, then the Association may submit the matter to arbitration, provided a letter is sent to a member of the following panel of arbitrators who shall be assigned cases on a claim for unpaid wages rotating basis, unless the parties mutually agree otherwise, with a copy to the District Superintendent within twenty (20) calendar days after the District Superintendent or his designee gave or should have given his answer; otherwise, the right to proceed to arbitration is not progressed waived: Xxxxxxx Xxxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Xxxxxx Xxxxxxx Xxxxx Xxxxxxxxxx Xxxxx XxXxxxxx. F. One arbitrator will be selected from the above list of arbitrators, who shall hear and decide the grievance. The decision of the arbitrator shall be final and binding upon the parties. G. The jurisdiction of the arbitrator shall be to decide the grievance. S/he shall have no jurisdiction to alter, change, modify, add to, or subtract from this Contract. H. The fees and expenses of the arbitrator shall be shared equally by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreementparties. 28.5 I. The election to submit this grievance to the grievance and arbitration procedure shall automatically be a waiver of other remedies or forums which otherwise could be available. X. The time limits specified herein may elements set forth in this Article can only be extended by mutual agreementagreement in writing signed by the District Superintendent and the President of the Association. 28.6 Settlement of K. If the District Superintendent has a grievance shall not involve retroactive pay beyond 60 calendar days prior to he can begin the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of procedure by filing a grievance there shall be neither a shut-down by letter with the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing President of the step one grievance will be considered as droppedAssociation and then proceed to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaning, interpretation or a. A grievance is a written complaint by a Graduate Assistant(s) and request for remedy involving an alleged violation of the terms a specific provision(s) of this agreementAgreement and filed using the procedure outlined below in Sections 2-4. A grievance may also be filed in writing by the Union, but only as to the interpretation or application of a specific provision of this Agreement. A Union grievance shall be brought at Step Three of these procedures (see Section 4.c) within twenty (20) business days after the Union first became aware, or when an employee claims that s/he has reasonably should have been unjustly dealt with aware, of the facts giving rise to the grievance. No matter concerning any definition or application of the good standing of a Graduate Assistant in respect thereof and s/he is unable a CMU graduate degree program shall be subject to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing and arbitration procedures. The primary purpose of this procedure is to the appropriate Head of the Department within 28 calendar days following the cause secure a practicable and equitable resolution of the grievance. Such Head Grievances shall be processed according to the time limits described herein; but, the time limits in each step of Department will render the process may be shortened or extended by mutual written agreement of the grievant and CMU. b. Any written decision or written answer to a decision grievance made at any step, which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company parties to handle grievancesthis Agreement, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as droppeda final settlement and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. When the appropriate officer of the Company fails If a written decision or written answer to render a decision an appeal is not rendered by an administrator within the prescribed time limitslimits specified in this Article, the grievance grievant may be progressed take the matter to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4step. 28.4 When c. At no step in this procedure shall a grievance based on a claim for unpaid wages settlement be reached which is not progressed by inconsistent with the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application provisions of this rule shall not constitute an interpretation of Agreement, unless both the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted University and Union concur in writing. 28.7 Prior to adjudication or final disposition d. No settlement of a grievance there by the parties shall be neither a shutprecedent for any other or future grievance. e. A grievance may be withdrawn, and if withdrawn, may not be reinstated, and no financial or other liabilities shall result. f. Whenever time limits are used in this Article, they shall be understood to mean business days. The time limits shall be tolled during break periods in the University calendar and University designated holidays. g. No party to a meeting under this Article shall unreasonably fail or refuse to meet at reasonable times or places established for such meetings. h. Hand delivery or an actual verified receipt, time-down stamped email, or postmark will be regarded by the Company nor a work stoppage by parties as evidence of delivery and receipt for the employeespurposes of determining whether time limits have been met. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing i. A Graduate Assistant(s) may choose to have a Union representative represent her/him at Steps One or Two of the step one Grievance Procedure; or, a Graduate Assistant may choose to represent her/himself at these Steps and forego or decline Union representation. During Steps Three and Four of the grievance will be considered as droppedprocedure, Union representation is required. j. If a grievance is the result of an action of an administrator above the level of the hiring department or unit, the grievant may initiate her/his grievance at Step Two.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect For the purpose of this Agreement, a grievance is defined as any dispute or disagreement between an employee or employees and the Company or the Union and the Company as to the meaning, interpretation or alleged violation of the terms application of this agreement, or when Agreement. All grievances shall be resolved in an orderly manner as provided in this Article. STEP 1. An employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed grievance shall first be taken up by conference between the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceSupervisor. Step 2 STEP 2. If the grievance is not settled at in Step 1, it shall be the President may appeal responsibility of the decision in writing, giving aggrieved employee to reduce any grievance to writing on the reasons for regular grievance form not later than ten (10) working days from the appeal, Step 1 conference and submit it to the highest officer designated by Supervisor. The Supervisor will set up a meeting between the Company to handle grievances, within 42 calendar days following receipt grievant and an officials of the decision rendered in Step 1. Such officer will render a decision in writingUnion, giving reasons for along with Supervisor and the decision, Human Resources Representative within 42 calendar days following receipt of the appealfive (5) working days. Step 3 STEP 3. If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision resolved in Step 2, the Federal Mediation and Conciliation Service may be requested to supply a panel of seven (7) Arbitrators by either party within two (2) weeks. The parties will thereafter meet or otherwise confer to select the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of payArbitrator. The Union and the Company shall each have the right to strike three (3) names, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it last remaining named person shall be considered as droppedthe Arbitrator. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time - Time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein set forth above may be extended by mutual agreement. 28.6 Settlement written agreement of the parties. - The Arbitrator so selected shall schedule a grievance prompt hearing at which time he shall not involve retroactive pay beyond 60 calendar days prior have the power to make determinations of facts of the questions submitted to him and apply them to the date that such grievance was first submitted in writing. 28.7 Prior provisions of the Agreement alleged to adjudication have been violated. - No arbitrator shall have the jurisdiction or final disposition authority to add to, take from, nullify or modify any of a grievance there the terms of this Agreement or to impair any of the rights reserved to the parties under the terms thereof. - The decision of the Arbitrator shall be neither a shut-down in writing and shall be final and binding upon the Company, Union and the affected employees. - In the event an arbitrator awards back pay, the following shall govern: Any Unemployment Compensation received by the employee or interim earnings verified by the Company nor a work stoppage by shall be applied to offset any back pay. - The Company and the employees. 28.8 Grievances not docketed Union shall be responsible for arbitration by either party within two years from the date of filing one-half of the step one grievance will expenses and fees of an arbitrator designated under this Article. There shall be considered as droppedno authorized strikes or lockouts during the life of this Agreement.

Appears in 1 contract

Samples: Labor Agreement (Morgan Products LTD)

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A. A grievance shall be defined as a dispute or complaint arising between the parties to the meaning, interpretation this Agreement under or alleged violation of the terms out of this agreementAgreement or the interpretation, application, performance, termination or when an employee claims that s/he has been unjustly dealt with in respect thereof any alleged breach thereof, and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may shall be dealt with processed and disposed of in the following manner: Step 1 The aggrieved 1. Within ten (10) working days, an employee having a grievance and a representative of the Union shall take it up verbally with the Principal Investigator, supervisor or his/her designee, Director or other individual charged with the Local Chairperson shall present responsibility for the direction or functioning of the unit involved. Step 2. If the grievance is not settled in writing 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 presented on a uniform, written grievance form, setting forth allegations of the specific incidence and the specific violations of the Collective Bargaining Agreement, signed by the grievant and a representative of the Union, and presented to the appropriate Head grievant's Department Chairman or his/her designee. The Department Chairman or designee shall meet with the grievant and union representative to hear the allegations of the Department within 28 calendar days following specific incidence and the cause specific violations of the grievance. Such Head of Department will render a decision in writing collective bargaining agreement within 28 calendar ten (10) working days following upon receipt of the written grievance. During that period of time, a The department chairman or designee shall respond to the grievance in writing within five (5) working days after meeting may take place between with the grievor, the local representative union and the Department Head (or representative) to discuss the grievancegrievant. Step 2 3. If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision 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, setting forth allegations of the specific violations of the Collective Bargaining Agreement, signed by the grievant and a representative of the Union and presented to the Senior Director of Labor Relations, with a copy to the Department Chairman or designee responsible for the second step. The Senior Director of Labor of Relations or designee shall meet with the grievant and the Union B. 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. C. Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension shall be presented initially at Step 3, within ten (10) working days of the time the employee is notified of the discharge or suspension. D. Without waiving the Employer's statutory rights, a grievance on behalf of the Employer may be presented initially at Step 3 by notice in writing addressed to the Union at its office. E. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays. F. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed conclusive, and the grievance shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. (i) A grievance which affects a substantial number of employees, and which the Employer representatives designated in Steps 1 and 2 lack authority to settle, may be presented initially at Step 3 by a representative of the Union. (ii) A grievance concerning a layoff or failure to recall will be presented at Step 3. H. A grievance, as defined in Section A above, which has not been resolved hereunder shall, within twenty (20) working days after completion of Step 3 of the grievance procedure, be referred for arbitration by the Employer or the due Union to a panel arbitrator from an agreed-upon panel of six arbitrators. Cases shall be assigned on a rotational basis to the members of the panel in accordance with Arbitrator Xxxxxxx’x March 15, 2004 Consent Award attached hereto as Exhibit C. Where the union seeks to grieve the failure of a laid off employee to be recalled to a particular position, the University will meet within 10 days of the union’s grievance. If the matter is not resolved and the union wishes to arbitrate the failure to recall the arbitration will be expedited using the following procedure: If the arbitrator next on the rotation list is not available within thirty days, the parties will proceed down the list until an arbitrator with an available date of such decision if not receivedwithin thirty days is found. 28.2 Disputes I. The fees and expense of the Arbitrator shall be borne equally by the parties. X. The arbitrator shall render the award within thirty (30) days of the closing of the record. The award of an Arbitrator hereunder shall be final, conclusive and binding upon the Employer, the Union, and the employees. K. The Arbitrator shall have jurisdiction only over disputes arising out of proposed changes grievances, as defined in rates of paySection A above, rules and he/she shall have no power to add to, subtract from, or working conditions, modifications modify in or additions to any way the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of ArbitrationAgreement. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time L. Time limits based on the last date such decision was due, except as otherwise provided in this Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing written agreement of the step one grievance will be considered as droppedparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaningGrievances arising out of matters covered by this Agreement, interpretation or alleged violation disputes on conditions of the terms of this agreementemployment, or when an employee claims and complaints that s/he disciplinary action has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationtaken for other than just cause, after having discussed the issue with the appropriate supervisor, may will be dealt with processed in the following manner: Step 1 The aggrieved Section 1. An employee or the Local Chairperson shall present Union having a grievance must take up the grievance with his immediate supervisor orally. The immediate supervisor shall give his answer orally within two (2) days. If the employee is not satisfied, the employee shall write out a grievance. This shall be Step 1 in the grievance procedure. Section 2. If the employee or Union is not satisfied with the decision, he may, within five (5) working days, put his grievance in writing and submit it to the Chief or his designee. The Chief or his designee will render his decision in writing within five (5) working days. This shall be Step 2 in the grievance procedure. In any grievance involving the payment of wages or other economic benefits pursuant to this Agreement, the Finance Director shall be substituted for the Chief at Step 2 of the grievance procedure. Section 3. If the employee or the Union is not satisfied with the decision of the Chief or the Finance Director, he may appeal in writing to the appropriate Head of the Department Town Manager (Personnel Director) within 28 calendar days following the cause of the grievancefive (5) working days. Such Head of Department will The Town Manager shall render a his decision in writing within 28 calendar days following receipt twelve (12) working days. This shall be Step 3 in the grievance process. Section 4. If the decision of the written grievanceTown Manager is not satisfactory to the Union, it may appeal to the State Board of Mediation and Arbitration within ten (10) working days. During that period The decision of timethe Arbitration Board shall be final and binding on both parties of this Agreement. Arbitration shall be 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 meaning and interpretation or the application of the specific provisions of this Agreement. There shall be no power to add to, a meeting may take place between the grievorsubtract from, the local representative and the Department Head (or representative) to discuss the grievancemodify this Agreement. Step 2 Section 5. If the grievance is does not settled at Step 1involve the immediate supervisor, the President he may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated be passed by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If with the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance first taken up with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted Chief in writing. 28.7 Prior to adjudication Section 6. Grievance should be initiated by the complainant or final disposition the Union within fifteen (15) working days of a the original cause or complaint or when the complainant or the Union knew or should have reasonably known of the cause or complaint, or such grievance there shall be neither considered null and void. 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 shut-down 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 Company nor a work stoppage by Employer and the Section 11. Upon mutual agreement, the employees. 28.8 Grievances not docketed for arbitration by either party within two years from parties shall utilize the date of filing expedited procedures of the step one grievance will be considered as droppedConnecticut State Board of Mediation and Arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to (a) In the meaning, interpretation event of a complaint or alleged violation of grievance arising under the terms of this agreement, the Union Xxxxxxx shall take the matter up with a supervisor and every reasonable effort shall be made to reach a satisfactory solution. Provided, however, that this shall not bar the affected employee's right first to endeavor to adjust the matter with his supervisor, so long as the adjustment does not violate any provision of this Agreement. On.written grievances, the manager, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationrelevant Company representative, after having discussed the issue will make every effort with the appropriate supervisorrelevant xxxxxxx or Union representative to hold a hearing within five business days, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head but must hold a hearing within seven business days of the Department within 28 calendar days following the cause receipt of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein This may be extended by mutual agreementagreement between the Company and the Union. 28.6 Settlement (b) If no satisfactory solution can be reached, the Business Agent of the Union shall take the matter up with the designated supervisor of the Company within five days after the occurrence of the event complained of. If the Business Agent and the Company designee cannot reach a grievance satisfactory agreement, the matter shall not involve retroactive pay beyond 60 calendar days prior be referred to the date that District Manager in an attempt to resolve the complaint before referring such grievance was first submitted in writingcomplaint to arbitration as provided herein. 28.7 Prior (c) Any complaint as to adjudication a layoff, suspension or final disposition of a grievance there shall dismissal must be neither a shut-down made by the union xxxxxxx to the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party in writing within two years seven days from the date thereof or it shall not be subject to arbitration. (d) Any grievance or disputes arising under the terms of filing this agreement which cannot be adjusted by the representatives of the step one grievance will parties shall be considered as droppedsubmitted to arbitration within 30 calendar days, unless the parties agree to an extension. In the event the parties cannot agree upon an arbitrator, they shall jointly request a list of arbitrators from the American Arbitration Association and shall select the arbitrator from that list by alternately striking names. The decision of the arbitrator shall be final and binding on all parties and the parties agree to comply with such decision. It is clearly understood that the arbitrator shall not have the power to add to, subtract from or alter any of the terms of this Agreement. The fee of the impartial arbitrator shall be borne equally by the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect i. An employee who feels they have a grievance may first take the matter up with their exempt supervisor. If they are not satisfied with the resolution they may refer the matter to the meaningemployee’s Shop Xxxxxxx. If the Union considers the grievance to be just, interpretation or alleged violation a written grievance may be initiated and submitted in accordance with the provisions of this Article. Once a grievance has been submitted in writing by a representative of the terms Union, The City will not endeavour to settle the grievance directly with the employee. ii. Any discussions between an exempt supervisor as well as Steps 1 and 2 of the grievance procedure are conducted without prejudice to the position of either party in an effort to resolve the issue as informally as possible. iii. No grievance handling shall take place on City property or during working hours except where both parties or the exempt supervisors are represented. All Employees shall give their notice of their intended absence to the exempt supervisor prior to attending such meetings. 10.02 It is the mutual desire of The City and the Union that grievances are resolved as quickly as possible and therefore timelines are prescribed for this agreementpurpose. Timelines and procedures contained in this Article are mandatory but may be extended by mutual agreement in writing between the parties. Failure to pursue a grievance within the prescribed timelines and in accordance with the prescribed procedures will result in abandonment of the grievance. Failure to reply to a grievance in a timely fashion will advance the grievance to the next step. Grievances so advanced will be subject to timelines as if a reply had been made on the last allowable day of the preceding step in the procedure. 10.03 All grievances will be submitted by the Union within fourteen (14) calendar days of the date of occurrence or the date the employee ought to have reasonably known of the occurrence giving rise to the grievance, to either the Transit Superintendent Conventional Services, or when an employee claims that s/he has been unjustly dealt with Planning and Action Bus (depending on the work area of the grievor) or their designate. The Superintendent receiving the grievance will sign and date the grievance acknowledging receipt and provide a copy to the Shop Xxxxxxx. 10.04 A policy grievance or a group grievance will be submitted directly to Step 2, to the Transit Manager in respect thereof the case of the Union filing the grievance, or directly to the President Business Agent of ATU Local 1374 in the case of The City filing a grievance. 10.05 An individual termination grievance will be submitted directly to Step 3, to the Director of Community Services. 10.06 The Superintendent or designate will convene a meeting to hear the grievance within ten (10) working days of the grievance being submitted. The grievor and s/he is unable to obtain satisfactory explanation, after having discussed the issue shop xxxxxxx(s) will attend the meeting along with the appropriate supervisor, may be dealt with in the following manner:exempt supervisor and/or designate(s). Step 1 10.07 The aggrieved employee Superintendent or the Local Chairperson shall present the grievance their designate will render their decision in writing to the appropriate Head of the Department shop xxxxxxx within 28 calendar ten (10) working days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancemeeting. Step 2 10.08 If the grievance is matter has not settled been resolved at Step 1, the President Union may appeal advance the grievance to the Transit Manager or their designate within ten (10) working days of the Step 1 decision. 10.09 The Transit Manager or their designate will convene a meeting to hear the grievance within ten (10) working days of the grievance being advanced. The grievor and the shop xxxxxxx(s) will attend the meeting along with the Superintendent and/or their designate(s). 10.10 The Transit Manager or their designate will render their decision in writing, giving the reasons for the appeal, writing to the highest officer designated by the Company to handle grievances, shop xxxxxxx within 42 calendar ten (10) working days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealmeeting. Step 3 10.11 If the grievance is matter has not settled been resolved at Step 2, it the Union may then be referred by advance the grievance to the Director of Community Services or their designate within ten (10) working days of the Step 2 decision. 10.12 The Director of Community Services or their designate will convene a meeting to hear the grievance within ten (10) working days of the grievance being advanced. The grievor and the shop xxxxxxx(s) will attend the meeting along with the Transit Manager and/or their designate(s). 10.13 The Director of Community Services or their designate will render their decision in writing to the shop xxxxxxx within ten (10) working days following the meeting. 10.14 If the matter has not been resolved at Step 3, the Union may advance the grievance to the City Manager or their designate within ten (10) working days of the Step 3 decision. 10.15 The City Manager or their designate will convene a meeting to hear the grievance within ten (10) working days of the grievance being advanced. The grievor and the Union Representative(s) will attend the meeting along with Representatives of The City. 10.16 The City Manager or their designate will render their decision in writing to the Union within ten (10) working days following the meeting. 10.17 In the event the grievance has not been satisfactorily resolved at Step 4, either party within Thirty (30) calendar days from the date a decision is rendered by The City Manager or their designate, may refer the matter to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify by a single arbitrator by serving notice to the other party in writing within 42 calendar days following receipt along with the names of the decision in Step 2, or the due date of such decision if not receivedat least three (3) Arbitrators proposed to arbitrate. 28.2 Disputes arising out of proposed changes in rates of pay10.18 If it is not possible to mutually select an arbitrator, rules or working conditions, modifications in or additions either party may apply to the terms Minister of this agreement, are specifically excluded from the jurisdiction Labour of the Canadian Railway Office of ArbitrationAlberta who shall then appoint an arbitrator. 28.3 When 10.19 Subject to mutual agreement between The City and the Union, arbitration proceedings, as herein provided, may be carried out using a grievance is not progressed board of arbitration. One (1) arbitrator or nominee to be chosen by The City and one (1) by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paidUnion. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.two

Appears in 1 contract

Samples: Collective Agreement