Common use of GRIEVANCE AND PROCEDURE Clause in Contracts

GRIEVANCE AND PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is For the purposes of this Article, reference to “days” relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays, plant shutdowns and vacations. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he/she has first given his/her immediate supervisor the opportunity of resolving his/her complaint. If an employee has a complaint he/she shall discuss it with immediate supervisor within rive days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The employee may be accompanied by the Xxxxxxx, or in the absence of the Xxxxxxx, the Chief Xxxxxxx, or a member of the Negotiating Committee. The supervisor shall give his/her response to the complaint within five days and, failing settlement, or failing a response, it may then be taken up as a grievance within five days following advice of the immediate supervisor’s decision in the following manner and sequence: Step The employee, who shall be accompanied by the Union Xxxxxxx or his/her designate, may present the grievance to the immediate supervisor or designate. The grievance shall be in writing on a grievance form approved by the Company and the Union and supplied by the Union and shall include the nature of the grievance, the remedy sought, and the provisions of the Agreement which are alleged to have been violated. Failing settlement the immediate supervisor or designate shall deliver his/her decision in writing to the Union President or his/her designate, within five days following the presentation of the grievance to him/her. Failing settlement: Step Within five days after the decision in Step is given, the employee, who shall be accompanied by the Union Xxxxxxx or his/her designate, may submit the grievance in writing to his/her Factory Manager or his/her designate, who shall deliver his/her decision in writing to the Union President or his/her designate within five days following the presentation of the grievance to him/her. Where an employee’s immediate supervisor and his/her Division Superintendent are the same person, this step shall be omitted. Failing settlement: Step Within five days after the decision in Step the griever, who shall be accompanied by the Union President or his/her designate, may submit the grievance in writing to the Labour Relations Manager or his/her designate. A meeting will be held between the-labour Relations Manager or his/her designate, and the members of the Union grievance committee (not exceeding three in number). Such meeting shall be held within five days of submission of the grievance at Step unless extended by written agreement of the parties. It is understood and agreed that a representative of the Union may be present at such meeting at the request of either party and that the Company may also have such counsel and assistance as it may desire. The decision of the Labour Relations Manager or his/her designate shall be delivered in writing to the Union President or his/her designate within five days following the date of such meeting. It is agreed that a grievance arising directly between the Company and the Union shall be originated under Step and the time limits set out with respect to that Step shall appropriately apply. It is understood, however, that the provisions of this Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step and the time limits set out with respect to that Step shall appropriately apply. a) At any meeting where the company intends to issue formal disciplinary action that is intended to form part of the employee’s disciplinary record, such as a written warning, suspension, or discharge, the parties agree that it is prudent to have a union xxxxxxx attend the meeting. An employee discharged or suspended without prior notice will be entitled to see his Union Xxxxxxx or in the absence if the Xxxxxxx, the Chief Xxxxxxx or a member of the Negotiating Committee, prior to leaving the Plant if circumstances warrant. It is understood, however, that failure to comply with this section shall not void the disciplinary action.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE AND PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement agreement including any question as to whether a matter is For At the purposes time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this Article, reference to “days” relating to Steps right in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays, plant shutdowns and vacationsadvance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It , and it is understood that an employee has no grievance until he/she he has first given his/her his immediate supervisor the opportunity of resolving his/her adjusting his complaint. If an employee has a Such complaint he/she shall discuss it be discussed with his immediate supervisor within rive nine calendar days after the circumstances giving rise to the complaint it have occurred or ought reasonably to have reasonably come to the attention of the employee. The employee may be accompanied by the Xxxxxxx, or in the absence of the Xxxxxxx, the Chief Xxxxxxx, or a member of the Negotiating Committee. The supervisor shall give his/her response to the complaint and failing settlement within five days and, failing settlement, or failing a responsenine calendar days, it may shall then be taken up as a grievance within five nine calendar days following advice of the his immediate supervisor’s decision in the following manner and sequence: Step The employee, who shall be accompanied employee may submit a written grievance signed by the Union Xxxxxxx or his/her designate, may present the grievance employee to the his immediate supervisor or designatesupervisor. The grievance shall be in writing on a grievance form approved by the Company and the Union and supplied by the Union and shall include identify the nature of the grievance, grievance and the remedy sought, sought and should identify the provisions of the Agreement which are alleged to have been be violated. Failing settlement the The immediate supervisor or designate shall will deliver his/her his decision in writing to the Union President or his/her designate, within five nine calendar days following the presentation of day on which the grievance was presented to him/her. Failing settlement, then: Step No. 2 Within five nine calendar days after following the decision in under Step is given, No. the employee, who shall be accompanied by the Union Xxxxxxx or his/her designate, employee may submit the written grievance in writing to his/her Factory Manager or his/her designate, his Department Head who shall will deliver his/her his decision in writing within nine calendar days from the date on which the written grievance was presented to the Union President or his/her designate within five days following the presentation of him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to him/her. Where an both parties, This step may be omitted where the employee’s immediate supervisor and his/her Division Superintendent Department Head are the same person, this step shall be omitted. Failing settlement, then: Step Within five nine calendar days after following the decision in Step the griever, who shall be accompanied by the Union President or his/her designate, may submit No. the grievance may be submitted in writing to the Labour Relations Manager Hospital Administrator or his/her designatehis designee. A meeting will then be held between the-labour Relations Manager the Hospital Administrator or his/her designate, his designee and the members Grievance Committee within nine calendar days of the Union grievance committee (not exceeding three in number). Such meeting shall be held within five days of submission of the grievance at Step No. 3 unless extended by written agreement of the parties. , It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at such meeting at the request of either party and meeting. is further understood that the Company Hospital Administrator or his designee may also have such counsel and assistance as it he may desiredesire at such meeting. The decision of the Labour Relations Manager or his/her designate Hospital shall be delivered in writing to the Union President or his/her designate within five nine calendar days following the date of such meeting. It is agreed that a A complaint or grievance arising directly between the Company Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated under at Step and No. 3 within fourteen calendar days following the time limits set out with respect circumstances giving rise to that Step shall appropriately applythe complaint or grievance. It is expressly understood, however, that the provisions of this Section Article may not be used with respect to a grievance directly affecting an employee or employees which such employee could himself institute and that the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 3 within seven calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital’s action in dismissing the employee; or reinstating the employee with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is such grievance may be submitted to arbitration as provided. If no written request for arbitration is received within eighteen calendar days after the decision under Step No. 3 is given, the grievance shall be originated deemed to have been abandoned. Where such a written request is postmarked within sixteen calendar days after the decision under Step No. it will be deemed to have been received within the time limits, All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with respect such time limits except by the written agreement of the parties, shall result in the grievance being deemed to that Step have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. a) At any meeting where the company intends to issue formal disciplinary action that is intended to form part of the employee’s disciplinary record, such as a written warning, suspension, or discharge, the parties agree that it is prudent to have a union xxxxxxx attend the meeting. An employee discharged or suspended without prior notice will be entitled to see his Union Xxxxxxx or in the absence if the Xxxxxxx, the Chief Xxxxxxx or a member of the Negotiating Committee, prior to leaving the Plant if circumstances warrant. It is understood, however, that failure to comply with this section shall not void the disciplinary action.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is For arbitrable. At the purposes time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to presence of xxxxxxx. In tho case of suspension or discharge the Hospital shall notify the employee of this Article, reference to “days” relating to Steps right in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays, plant shutdowns and vacationsadvance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It , and it is understood that an employee has no grievance until he/she he has first given his/her his immediate supervisor the opportunity of resolving his/her adjusting his complaint. If an employee has a Such complaint he/she shall discuss it be discussed with his immediate supervisor within rive nine (9) calendar days after the circumstances giving rise to the complaint it have occurred or ought reasonably to have reasonably come to the attention of the employee. The employee may be accompanied by the Xxxxxxx, or in the absence of the Xxxxxxx, the Chief Xxxxxxx, or a member of the Negotiating Committee. The supervisor shall give his/her response to the complaint within five days and, failing settlement, or failing a responsesettlement nine (9)calendar days, it may shall then be taken up as a grievance within five nine (9) calendar days following advice of the his immediate supervisor’s decision in the following manner and sequence: Step The employee, who shall be accompanied employee may submit a written grievance signed by the Union Xxxxxxx or his/her designate, may present the grievance employee to the his immediate supervisor or designatesupervisor. The grievance shall be in writing on a grievance form approved by the Company and the Union and supplied by the Union and shall include identify the nature of the grievance, grievance and the remedy sought, sought and should identify the provisions of the Agreement which are alleged to have been be violated. Failing settlement the The immediate supervisor or designate shall will deliver his/her his decision in writing to the Union President or his/her designate, within five calendar days following the presentation of day on which the grievance was presented to him/her. Failing settlement, then: Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Headwho will his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a and place suitable to both parties. This may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within five nine (9) calendar days after following the decision in Step is given, the employee, who shall be accompanied by the Union Xxxxxxx or his/her designate, may submit No. the grievance in writing to his/her Factory Manager or his/her designate, who shall deliver his/her decision in writing may be submitted inwriting to the Union President Hospital Administrator or his/her designate within five days following the presentation of the grievance to him/her. Where an employee’s immediate supervisor and his/her Division Superintendent are the same person, this step shall be omitted. Failing settlement: Step Within five days after the decision in Step the griever, who shall be accompanied by the Union President or his/her designate, may submit the grievance in writing to the Labour Relations Manager or his/her designatehis designee. A meeting will then be held between the-labour Relations Manager the Hospital Administrator or his/her designate, his designee and the members Grievance Committee within nine (9) calendar days of the Union grievance committee (not exceeding three in number). Such meeting shall be held within five days of submission of the grievance at Step No. unless extended by written agreement of the parties. It it is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at such meeting at the request of either party and meeting. It is further understood that the Company Hospital Administrator or his designee may also have such counsel and assistance as it may desirehe desire at such meeting. The decision of the Labour Relations Manager or his/her designate Hospital shall be delivered in writing to the Union President or his/her designate within five nine (9)calendar days following the date of such meeting. It is agreed that a A complaint or grievance arising directly between the Company Hospital and the Union concerning the interpretation, application or alleged violation of Agreement shall be originated under at Step and No. within fourteen calendar days following the time limits set out with respect circumstances giving rise to that Step shall appropriately applythe complaint or grievance. It is expressly understood, however, that the provisions of this Section Article may not be used with respect to a grievance directly affecting an employee or employees which such employee could himself institute and that the regular grievance procedure shall not be thereby bypassed. . I' Where a number of employees have identical grievances and each employee would be entitled to grieve separately, separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject completed his of a grievance or arbitration. A claim by an employee who has probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the at Step No. within seven (7) days after' the date the discharge or suspension is effected. Such special grievance settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or reinstating with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of Agreement, including any question as to whether a matter is arbitrable, grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. is given, the grievance shall be originated to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. it will be deemed to have been received within the time limits. All agreements reached under- the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be and binding upon the Hospital and the Union and the employees. When either party requests that any matter be submitted to arbitration as provided in foregoing Article, it shall make such request in writing addressed to the other party to Agreement, and at the time name a nominee. Within (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the of Ontario shall have power to effect such appointment upon application thereto by the party invokingArbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are to agree upon such a chairman within a period of fourteen (14) calendar clays, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the No matter may be submitted to arbitration which has not properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the or employees concerned. Each parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with respect such time limits except by the written agreement of the parties, shall result in the grievance being to that Step have been abandoned subject only to the provisions of Section (6) of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Board shall appropriately apply. a) At any meeting where . Any employee covered by Agreement claims that he has been wrongfully dismissed or suspended shall have a reasonable opportunity to discuss such claim with the company intends to issue formal disciplinary action that is intended to form part Union Xxxxxxx, in private, before leaving the premises of the employee’s disciplinary recordEmployer, and any such claims hall be processed as a grievance if a written warning, suspension, or discharge, statement of such grievance is lodged by the parties agree that it is prudent to have a union xxxxxxx attend employee through the meeting. An employee discharged or suspended without prior notice will be entitled to see his Union Xxxxxxx or in with the absence if Department Head within seven (7) calendar days after the Xxxxxxx, the Chief Xxxxxxx or a member employee has bee notified of the Negotiating Committee, prior to leaving the Plant if circumstances warrant. It is understood, however, that failure to comply with this section shall not void the disciplinary actiontermination of his employment or of suspension.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND PROCEDURE. For purposes Where a difference arises between the parties to or persons bound by this collective agreement as to the interpretation,application, operation or contravention, or alleged contravention of this agreement, or as to whether such difference can be the subject of arbitration, the Association, or the Board shall have the right to present a grievance. All such grievances must be presented in writing and shall set out the nature of the difference, the of the agreement which has allegedly been violated and the remedy sought. A grievance shall not be defeated solely because it fails to cite an article, cites an Incorrect article of this Agreement, or seeks an inappropriate remedy. Any individual grievance filed by a grievance is defined as a difference arising between the parties relating teacher must be submitted to the interpretationmanager, applicationlabour relations, administration or with a copy to the President, Calgary Public Teachers Local within working days of the date the teacher first knew of the alleged violation or misapplication.An Association or Board grievance must be submitted to the other party within working days of the Agreement including any question as to whether a matter is For date the purposes of this Article, reference to “days” relating to Steps in Association or the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays, plant shutdowns and vacations. It is the mutual desire Board first knew of the parties hereto that complaints of employees shall be adjusted as quickly as possiblealleged violation or misapplication. It is understood that an employee has no grievance until he/she has first given his/her immediate supervisor the opportunity of resolving his/her complaint. If an employee has a complaint he/she shall discuss it with immediate supervisor within rive days after the circumstances giving rise Failure to the complaint have occurred or ought to have reasonably come to the attention of the employee. The employee may be accompanied by the Xxxxxxx, or in the absence of the Xxxxxxx, the Chief Xxxxxxx, or a member of the Negotiating Committee. The supervisor shall give his/her response to the complaint within five days and, failing settlement, or failing a response, it may then be taken up as submit a grievance within five days following advice the time limits specified shall render the grievance The interpretation committee may formally consider a grievance which has been submitted beyond the day time limit for grievances, when the majority of the immediate supervisor’s decision in the following manner and sequence: Step The employee, who shall be accompanied by the Union Xxxxxxx or his/her designate, may present the grievance committee decides to the immediate supervisor or designatedo so. The grievance shall be in writing on a grievance form approved by the Company and the Union and supplied by the Union and shall include the nature Upon receipt of the grievance, the remedy sought, and the provisions of the Agreement which are alleged to have been violated. Failing settlement the immediate supervisor or designate shall deliver his/her decision in writing to the Union President or his/her designate, within five days following the presentation recipient of the grievance will schedule a meeting for the parties to him/hermeet and endeavour to resolve the difference set forth in the grievance. Failing settlement: Step Within five working days after of the decision in Step is givenmeeting, the employee, who shall be accompanied by the Union Xxxxxxx or his/her designate, may submit the grievance in writing to his/her Factory Manager or his/her designate, who shall deliver his/her decision in writing to the Union President or his/her designate within five days following the presentation recipient of the grievance shall provide a written response to him/herthe grievance. Where an employee’s immediate supervisor and his/her Division Superintendent are If the same persongrievance denied, this step shall be omitted. Failing settlement: Step Within five the teacher or Association may, within working days after of receipt of the decision in Step the grievergrievance response, who shall be accompanied by the Union President or his/her designate, may submit the grievance in writing to the Labour Relations Manager Secretary of the InterpretationCommittee, requesting consideration of the grievance. If a Board grievance is denied, the Board may, within working days of receipt of the grievance response, provide written notice requesting the establishmentof an arbitration board or, upon mutual agreement, a single arbitrator. Failure to advance a grievance within the time limits specified shall render the grievance null and void. An interpretation committee, consisting of a trustee, the superintendent of corporate services or his/her designatedelegated director and one other superintendent or delegated director shall meet once per month, if necessary. A quorum of this committee shall consist of three members. The manager of labour relations, or delegated authority, shall act as the secretary of this committee. At least one member of the Interpretation Committee shall possess a valid Alberta teaching certificate. When the interpretationcommittee receives notice of the submission of a grievance, it shall provide an opportunity for the teacher and a of the and CBE administrationto be heard and shall render a decision within working days following the receipt of such notice. The InterpretationCommittee shall dispose of each grievance before proceeding to another, except whereby unanimous consent of the interpretation committee, the hearing of such a grievance is adjourned for the purpose of obtaining further information. each meeting will of the interpretation committee, the secretary shall forward the decision to the submitting party, in writing, with copies to the chief superintendent of schools, the president of the Calgary Public Teachers Local No and the committee members. When a grievance is denied, the reasons for the denial shall be held between the-labour Relations Manager made known to the submitting party in writing. Alberta Teachers' Association Collective Agreements Calgary School District No Page of Arbitration Board If the interpretation committee does not reach a decision, either party to this collective agreement may, by written notice served on the party within working days after the date on which the committee voted on the disposition of the grievance or his/her designatewithin working days after the expiration of the said period of working days specified in clause whichever is shorter, request the establishment of an arbitration board or upon mutual agreement, a single arbitrator as provided. If such notice is not served within the time limits specified in this clause, the grievance shall be deemed to be at an end. The parties may, by mutual agreement, consent to postpone the arbitration hearing. Such notice shall contain a statement of the nature of the grievance. Where an arbitration board is used, each party shall appoint one member as its representativeon the arbitration board within seven working days of such notice as specified in clause and the two members so appointed shall endeavour to select an independent chair. If the two members fail to select a chair within seven working days after the day on which the last of the two members is appointed or should the parties, after agreeing to utilize a single arbitrator, be unable to agree to a single arbitrator, either party may request the director of mediation services to select a chair or single arbitrator. The arbitration board or single arbitrator shall determine their own procedure and shall give full opportunity to all parties to present evidence and to be heard. The arbitrator or arbitration board shall neither change, modify nor alter any of the terms of this agreement, nor shall the arbitrator or arbitration board make a decision which is contrary to the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by or not arising during the term of this agreement. The arbitration board shall give a decision not later than working days after the appointment of the chair except that with the consent of both the Calgary Public Teachers and the Board, such limitation of time may be extended, The findings and decisions of a majority of the members of the Union grievance committee (not exceeding three in number). Such meeting arbitration board shall be held the findings and decisions of the arbitration board and shall be binding on the parties. if there is no majority the decision of the chair shall be the decision of the arbitration board. Each party to the grievance shall bear the expense of its respective nominee and the two parties shall bear equally the expenses of the chair or single arbitrator. Where any 'references in this article, grievance and interpretationprocedures, are to a working period of days, such a period shall be exclusive of Saturdays, Sundays, statutory holidays and summer vacation. By mutual agreement between the Board and the Association, notwithstandingclause a grievance may be advanced to arbitration within five working days of submission receipt of the grievance at Step unless extended by written response in clause By mutual agreement between the Board and the Local any of the parties. It is understood and agreed that a representative of the Union dates contained in this article may be present at such meeting at the request of either party and that the Company may also have such counsel and assistance as it may desire. The decision of the Labour Relations Manager or his/her designate shall be delivered in writing to the Union President or his/her designate within five days following the date of such meeting. It is agreed that a grievance arising directly between the Company and the Union shall be originated under Step and the time limits set out with respect to that Step shall appropriately apply. It is understood, however, that the provisions of this Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step and the time limits set out with respect to that Step shall appropriately applyextended. a) At any meeting where the company intends to issue formal disciplinary action that is intended to form part of the employee’s disciplinary record, such as a written warning, suspension, or discharge, the parties agree that it is prudent to have a union xxxxxxx attend the meeting. An employee discharged or suspended without prior notice will be entitled to see his Union Xxxxxxx or in the absence if the Xxxxxxx, the Chief Xxxxxxx or a member of the Negotiating Committee, prior to leaving the Plant if circumstances warrant. It is understood, however, that failure to comply with this section shall not void the disciplinary action.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE AND PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is For the purposes of this Article, reference to “days” relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays, plant shutdowns and vacations. It is the mutual desire of the parties hereto that complaints of employees Grievances shall be adjusted and settled as quickly as possible. It is understood that an employee has no grievance until he/she has first given his/her immediate supervisor the opportunity of resolving his/her complaint. follows: Step If an employee has a complaint he/she they shall discuss it first take the matter up with their immediate supervisor within rive days after the circumstances giving rise in an effort to the complaint have occurred or ought to have reasonably come to the attention of the employeerender satisfactory resolution. The employee may be accompanied by the Xxxxxxx, or in the absence of the Xxxxxxxemployer will respond within working days. Failure to reach a satisfactory resolution, the Chief Xxxxxxx, or a member of the Negotiating Committee. The supervisor shall give his/her response to the complaint within five days and, failing settlement, or failing a response, it may then be taken up as a grievance within five days following advice of the immediate supervisor’s decision in the following manner and sequence: Step The aggrieved employee, who shall be accompanied by the Union Xxxxxxx or his/her designatealternate, may shall present the grievance, in writing, to the supervisor within working days. If a settlement satisfactory to the employee is not reached, the grievance will be presented at step within working days. Step The aggrieved employee with the Chief Xxxxxxx or alternate shall present the grievance in written form to the immediate supervisor or designate. The grievance Manager who shall be in writing on render a grievance form approved by the Company and the Union and supplied by the Union and shall include the nature of the grievance, the remedy sought, and the provisions of the Agreement which are alleged to have been violated. Failing settlement the immediate supervisor or designate shall deliver his/her decision in writing to the Union President or his/her designate, within five (5) days following the presentation of the grievance. If a settlement satisfactory to the employee concerned is not reached then the grievance may be presented at Step as follows within five (5) working days thereafter. Step The aggrieved employee with the Chief Xxxxxxx shall submit the written grievance to him/herthe Plant Manager, or designate. Failing settlement: Step Within five days after the decision in Step is givenCompany representatives, the employeeaggrieved, who and Union representatives shall meet and attempt to settle the grievance within working days of receipt of the written grievance. At this meeting, the aggrieved employee shall be accompanied by the Union Chief Xxxxxxx or his/her designate, alternate. The Union or the Company may submit file a grievance alleging a violation of the grievance in writing to his/her Factory Manager or his/her designate, who shall deliver his/her decision in writing to Collective Agreement at the Union President or his/her designate within five days following the presentation written stage of the grievance procedure under Article Step The Union file such a grievance where the matter relates to him/her. Where an employee’s immediate supervisor and his/her Division Superintendent are alleged general violation of the same person, this step shall be omitted. Failing settlement: Step Within five days after Collective Agreement affecting the decision in Step the griever, who shall be accompanied by rights of the Union President or his/her designate, may submit the grievance in writing to the Labour Relations Manager or his/her designate. A meeting will be held between the-labour Relations Manager or his/her designate, and all the members of the Union grievance committee (not exceeding three in number). Such meeting shall be held within five days of submission of the grievance at Step unless extended by written agreement of the parties. It is understood bargaining unit and agreed that a representative of the Union may be present at such meeting at the request of either party and that the Company may also have such counsel and assistance as it may desire. The decision of the Labour Relations Manager or his/her designate shall be delivered in writing to the Union President or his/her designate within five days following the date of such meeting. It is agreed that a grievance arising directly between the Company and the Union shall be originated under Step and the time limits set out with respect to that Step shall appropriately apply. It is understood, however, that the provisions of this Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. Where a number filed in lieu of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step and the time limits set out with respect to that Step shall appropriately applyan individual grievance. a) At any meeting where the company intends to issue formal disciplinary action that is intended to form part of the employee’s disciplinary record, such as a written warning, suspension, or discharge, the parties agree that it is prudent to have a union xxxxxxx attend the meeting. An employee discharged or suspended without prior notice will be entitled to see his Union Xxxxxxx or in the absence if the Xxxxxxx, the Chief Xxxxxxx or a member of the Negotiating Committee, prior to leaving the Plant if circumstances warrant. It is understood, however, that failure to comply with this section shall not void the disciplinary action.

Appears in 1 contract

Samples: Collective Agreement

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