Common use of GRIEVANCE AND MEDIATION PROCEDURE Clause in Contracts

GRIEVANCE AND MEDIATION PROCEDURE. 11.1 No individual complaint may be considered to be a Grievance until such time as the employee in question has discussed the Complaint with the immediate Non-Union Supervisor, or, in the event of a Complaint by the Employer against an individual employee, until such time as such Complaint has been discussed by such employee's Immediate Non-Union Supervisor with the employee in question. In cases where the complaint is against the Non-Union Supervisor, the complaint will be heard by the Manager of the Division. Failing a satisfactory settlement of the Complaint such Complaint may, within a period of two (2) working days of the discussion as aforesaid, be reduced to writing and treated as a Grievance in the following manner. A Grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement by the Employer or the Union or any employee. No Grievance shall be considered either by the Employer or the Union which has not been submitted in writing and filed with the Party against which the Grievance is made within ten (10) working days from the time when the circumstances giving rise to the Grievance came to be known by or should reasonably have come to the attention of the Grievor. Such Grievance shall be in writing and shall contain a statement of the facts giving rise to the Grievance or complaint, the remedy sought and the article or subsection of this Agreement that the Grievance is based on. Step No. 1 The employee and a representative of the Union shall take the matter up with the Manager of the Division who shall render a decision in writing within five (5) working days following the day on which the Grievance is submitted. It is understood and agreed that the converse of the above procedure shall apply at each Step in the event of a Grievance between the Employer and an employee. Failing settlement at this step, then: Step No. 2 Within ten (10) working days of the receipt of the written answer at Step No. 1 (or if no answer is received at Step No. 1, then within five (5) working days after the date upon which such answer ought to have been received), the matter may be referred to the Chief Administrative Officer or designate who shall meet with the Grievance Committee and render a decision in writing within ten (10) working days after the meeting. (a) In the event that the Grievance is not settled at Step No. 2 (above), the Union or the Employer may secure the services of a Grievance Mediator, if there is mutual agreement, and / or refer the Grievance to Arbitration as provided for in Article 12 of this Agreement. (b) Where there is mutual agreement to secure the services of a Grievance Mediator, all costs shall be shared equally between the Employer and the Union. 11.3 The time limits provided for in the Grievance/Arbitration Procedure may be extended with the mutual, written consent of the Parties. 11.4 Where there is a dispute involving a question of the general application or interpretation of this Agreement, or the Union or the Employer has a Grievance, the one against the other, such Grievance shall commence at Step No. 2

GRIEVANCE AND MEDIATION PROCEDURE. 11.1 10.1 No individual complaint may be considered to be a Grievance until such time as the employee in question has discussed the Complaint with the immediate Immediate Non-Union Supervisor, or, in the event of a Complaint by the Employer against an individual employee, until such time as such Complaint has been discussed by such employee's Immediate Non-Union Supervisor with the employee in question. In cases where the complaint is against the Non-Union Supervisor, the complaint will be heard by the Manager of the Division. Failing a satisfactory settlement of the Complaint such Complaint may, within a period of two (2) working days of the discussion as aforesaid, be reduced to writing and treated as a Grievance in the following manner. A Grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement by the Employer or the Union or any employee. No Grievance shall be considered either by the Employer or the Union which has not been submitted in writing and filed with the Party against which the Grievance is made within ten six (106) working days from the time when the circumstances giving rise to the Grievance came to be known by or should reasonably have come to the attention of the Grievor. Such Grievance shall be in writing and shall contain a statement of the facts giving rise to the Grievance or complaint, the remedy sought and the article or subsection of this Agreement that the Grievance is based on. Step No. 1 The employee and a representative of the Union Union, if the employee so desires it, shall take the matter up with the Manager of the Division Immediate Non-Union Supervisor who shall render a decision in writing within five (5) working days following the day on which the Grievance is submitted. It is understood and agreed that the converse of the above procedure shall apply at each Step in the event of a Grievance between the Employer and an employee. Failing settlement at this step, then: The employee involved and a representative of the Union, may, within five (5) working days of the date of the receipt of the written answer at Step No. 2 1 herein (or if no answer is received under Step No. 1, then within five (5) working days after the date on which the answer ought to have been received), refer such Grievance to the Manager, Human Resources or designate who shall give the reply in writing within five (5) working days of the receipt of such Grievance. Failing settlement at this Step, then: Step No. 3 Within ten (10) working days of the receipt of the written answer at Step No. 1 2 (or if no answer is received at Step No. 12, then within five (5) working days after the date upon which such answer ought to have been received), the matter may be referred to the Chief Administrative Officer or designate who shall meet with the Grievance Committee and render a decision in writing within ten five (105) working days after the meetingreceipt of the Grievance. (a) 10.2 In the event that the Grievance is not settled at Step No. 2 3 (above), the Union or the Employer may secure the services of a Grievance Mediator, if there is mutual agreement, and / or refer the Grievance to Arbitration as provided for in Article 12 11 of this Agreement. (b) Where there is mutual agreement to secure the services of a Grievance Mediator, all costs shall be shared equally between the Employer and the Union. 11.3 10.3 The time limits provided for in the Grievance/Arbitration Procedure may be extended with the mutual, written consent of the Parties. 11.4 10.4 Where there is a dispute involving a question of the general application or interpretation of this Agreement, or the Union or the Employer has a Grievance, the one against the other, such Grievance shall commence at Step No. 23