GRIEVANCE AND PROCEDURE. 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 teacher must be submitted to the manager, labour relations, 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 date the Association or the Board first knew of the alleged violation or misapplication. Failure to submit a grievance within 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 committee decides to do so. Upon receipt of the grievance, the recipient of the grievance will schedule a meeting for the parties to meet and endeavour to resolve the difference set forth in the grievance. Within five working days of the meeting, the recipient of the grievance shall provide a written response to the grievance. If the grievance denied, the teacher or Association may, within working days of receipt of the grievance response, submit the grievance in writing to the 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 delegated 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 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 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 within 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 arbitration board shall be 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 working days of receipt of the grievance response in clause By mutual agreement between the Board and the Local any of the dates contained in this article may be extended.
Appears in 1 contract
Samples: negotech.labour.gc.ca
GRIEVANCE AND PROCEDURE. 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 For purposes of this Agreement, or seeks an inappropriate remedy. Any individual a grievance filed by is defined as a teacher must be submitted difference arising between the parties relating to the managerinterpretation, labour relationsapplication, 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 a copy immediate supervisor within rive days after the circumstances giving rise to the President, Calgary Public Teachers Local within working days complaint have occurred or ought to have reasonably come to the attention of the date employee. The employee may be accompanied by the teacher first knew Xxxxxxx, or in the absence of the alleged violation Xxxxxxx, the Chief Xxxxxxx, or misapplication.An Association or Board grievance must be submitted a member of the Negotiating Committee. The supervisor shall give his/her response to the other party complaint within working five days of the date the Association and, failing settlement, or the Board first knew of the alleged violation or misapplication. Failure to submit failing a response, it may then be taken up as a grievance within five days following advice of the time limits specified immediate supervisor’s decision in the following manner and sequence: Step The employee, who shall render be accompanied by the Union Xxxxxxx or his/her designate, may present the grievance to the immediate supervisor or designate. The interpretation committee may formally consider grievance shall be in writing on a grievance which has been submitted beyond form approved by the day time limit for grievances, when Company and the majority of Union and supplied by the committee decides to do so. Upon receipt Union and shall include the nature of the grievance, the recipient 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 will schedule a meeting for the parties to meet and endeavour to resolve the difference set forth in the grievancehim/her. Failing settlement: Step Within five working days of after the meetingdecision in Step is given, the recipient 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 provide a written response to be omitted. Failing settlement: Step Within five days after the grievance. If decision in Step the grievance deniedgriever, who shall be accompanied by the teacher Union President or Association mayhis/her designate, within working days of receipt of the grievance response, may submit the grievance in writing to the 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 Labour Relations Manager or delegated director and one other superintendent or delegated director shall meet once per month, if necessaryhis/her designate. A quorum of this committee shall consist of three members. The manager of meeting will be held between the-labour relationsRelations Manager or his/her designate, 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 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 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 within 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 arbitration board Union grievance committee (not exceeding three in number). Such meeting shall be the findings and decisions held within five days of submission of the arbitration board and shall be binding on grievance at Step unless extended by written agreement of the parties. if there It is no majority 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 chair Labour Relations Manager or his/her designate shall be the decision of the arbitration board. Each party 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 bear the expense of its respective nominee be originated under Step and the two parties time limits set out with respect to that Step 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 working days of receipt of the grievance response in clause By mutual agreement between the Board and the Local any of the dates contained in this article may be extendedappropriately apply.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND PROCEDURE. 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 teacher must be submitted to the manager, labour relations, 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 date the Association or the Board first knew of the alleged violation or misapplication. Failure to submit a grievance within 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 committee decides to do so. Upon receipt of the grievance, the recipient of the grievance will schedule a meeting for the parties to meet and endeavour to resolve the difference set forth in the grievance. Within five working days of the meeting, the recipient of the grievance shall provide a written response to the grievance. If the grievance denied, the teacher or Association may, within working days of receipt of the grievance response, submit the grievance in writing to the 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 delegated 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 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 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 within 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 arbitration board shall be 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 interpretationproceduresinterpretation procedures, 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 working days of receipt of the grievance response in clause By mutual agreement between the Board and the Local any of the dates contained in this article may be extended.
Appears in 1 contract
Samples: negotech.labour.gc.ca
GRIEVANCE AND PROCEDURE. Where “For purposes of this Agreement, a grievance is defined as a difference arises arising between the parties to or persons bound by this collective agreement as relating to the interpretation,, application, operation or contravention, administration or alleged contravention violation of this agreement, or the agreement including any question as to whether such difference can be a matter is At the subject time formal discipline is imposed or at any stage of arbitration, the Association, or the Board grievance procedure an employee shall have the right upon request to present the presence of his/her xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine calendar days, it shall then be taken up as a grievancegrievance within nine calendar days following advice of his immediate supervisor’s decision in the following manner and sequence: Step No. All such grievances must be presented in writing and 1 The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall set out identify the nature of the difference, the of the agreement which has allegedly been violated grievance 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 teacher must be submitted to sought and should identify the manager, labour relations, with a copy to the President, Calgary Public Teachers Local within working days provisions of the date the teacher first knew of the Agreement which are alleged violation or misapplication.An Association or Board grievance must to be submitted to the other party within working days of the date the Association or the Board first knew of the alleged violation or misapplicationviolated. Failure to submit a grievance within 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 committee decides to do so. Upon receipt of the grievance, the recipient of the grievance immediate supervisor will schedule a meeting for the parties to meet and endeavour to resolve the difference set forth in the grievance. Within five working days of the meeting, the recipient of the grievance shall provide a written response to the grievance. If the grievance denied, the teacher or Association may, within working days of receipt of the grievance response, submit the grievance deliver his decision in writing to the 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 delegated 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 nine calendar days following the receipt of such noticeday on which the grievance was presented to him. The InterpretationCommittee shall dispose of each grievance before proceeding to anotherFailing settlement, except whereby unanimous consent of the interpretation committee, the hearing of such a grievance is adjourned for the purpose of obtaining further informationthen: Step No. each meeting of the interpretation committee, the secretary shall forward 2 Within nine calendar days following the decision under Step No. the employee may submit the written grievance to the submitting party, his Department Head who will deliver his decision 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 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 writing within working nine calendar days after from the date on which the committee voted on written grievance was presented to him. The parties may, if they so desire, meet to discuss the disposition grievance at a time and place suitable to both parties, This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. 3 Within nine calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine calendar days of the submission of the grievance at Step No. 3 unless extended by 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 the meeting. is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within working nine calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within fourteen calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and 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 in writing identifying each employee who is grieving to the Department Head or his designee within fourteen calendar days after the expiration circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the said period employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of working days specified in clause whichever is shorter, request this Article shall then apply with respect to the establishment 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 board or upon mutual agreement, a single arbitrator as provided. If such notice no written request for arbitration is not served received within eighteen calendar days after the time limits specified in this clausedecision under Step No. 3 is given, the grievance shall be 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 an endthe 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 parties may, two nominees shall attempt to select by mutual agreement, consent to postpone the arbitration hearing. Such notice shall contain agreement a statement chairman of the nature 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. Where an No matter may be submitted to 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 has not been properly carried through all requisite steps 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 arbitratorGrievance Procedure. 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 Arbitration Board shall not depend on or involve an issue or contention by either party that is contrary be to make any decision inconsistent with the provisions of this agreement Agreement, nor to alter, modify, add to or that involves the determination of a subject matter not covered by or not arising during the term amend any part of this agreementAgreement. The arbitration board shall give a decision not later than working days after the appointment proceedings of the chair except that with Arbitration Board will be expedited by the consent of both the Calgary Public Teachers parties hereto and the Board, such limitation of time may be extended, The findings and decisions of a majority decision of the members of the arbitration board shall be the findings and decisions of the arbitration board and shall be binding on the parties. if majority and, where there is no majority the decision of the chair shall chairman will be final and binding upon the decision parties hereto and the employee or employees concerned. Each of the arbitration board. Each party to the grievance shall parties hereto will bear the expense of its respective the nominee appointed by it and the two parties shall bear will share equally the expenses fees and expenses, if any, of the chair or 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 such time limits except by the written agreement of the parties, shall result in the grievance being deemed to 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. Where any 'references in this article, grievance and interpretationprocedures, are arbitrator for the Arbitration Board at the time of reference 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 arbitration and the Association, notwithstandingclause a grievance may be advanced other provisions referring to arbitration within working days of receipt of the grievance response in clause By mutual agreement between the Arbitration Board and the Local any of the dates contained in this article may be extendedshall appropriately apply.”
Appears in 1 contract
Samples: Part Time
GRIEVANCE AND PROCEDURE. Where purposes of this Agreement, a grievance is defined as a difference arises arising between the parties to or persons bound by this collective agreement as relating to the interpretation,, application, operation administration or contravention, or alleged contravention of this agreement, or violation the Agreement including any question as to whether such difference can be a matter is arbitrable. At the subject time formal discipline is imposed or at any stage of arbitration, the Association, or the Board grievance procedure an employee shall have the right upon request to present presence of xxxxxxx. In tho case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have to the attention of the employee failing settlement nine (9)calendar days, it shall then be taken up as a grievancegrievance within nine (9) calendar days advice of his immediate decision in the manner and sequence: The employee may submit a written grievance signed by the employee to his immediate supervisor. All such grievances must be presented in writing and The grievance shall set out identify the nature of the difference, the of the agreement which has allegedly been violated grievance 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 teacher must be submitted to sought and should identify the manager, labour relations, with a copy to the President, Calgary Public Teachers Local within working days provisions of the date the teacher first knew of the Agreement which are alleged violation or misapplication.An Association or Board grievance must to be submitted to the other party within working days of the date the Association or the Board first knew of the alleged violation or misapplicationviolated. Failure to submit a grievance within 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 committee decides to do so. Upon receipt of the grievance, the recipient of the grievance immediate supervisor will schedule a meeting for the parties to meet and endeavour to resolve the difference set forth in the grievance. Within five working days of the meeting, the recipient of the grievance shall provide a written response to the grievance. If the grievance denied, the teacher or Association may, within working days of receipt of the grievance response, submit the grievance deliver his decision in writing to the 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 delegated 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 calendar days following the receipt of such noticeday on which the grievance was presented to him. The InterpretationCommittee shall dispose of each grievance before proceeding to anotherFailing settlement, except whereby unanimous consent of the interpretation committee, the hearing of such a grievance is adjourned for the purpose of obtaining further informationthen: Step No. each meeting of the interpretation committee, the secretary shall forward Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to the submitting party, his Department Headwho will his decision 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 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 writing within working nine (9) calendar days after from the date on which the committee voted on the disposition of the written grievance or within 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 was presented to be at an endhim. The parties may, by mutual agreementif they so desire, consent meet to postpone discuss the arbitration hearinggrievance at a and place suitable to both parties. Such notice shall contain a statement This may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted inwriting to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the nature submission of the grievance at Step No. unless extended by 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 the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9)calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of Agreement shall be originated at Step No. within fourteen calendar days following the circumstances giving rise to the complaint or grievance. Where an arbitration board It is usedexpressly understood, each party shall appoint one member as its representativeon however, that 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 Article may not be used with respect to 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 grievance directly affecting an employee which such employee could himself institute and the Board, such limitation of time may regular grievance procedure shall not be extended, The findings and decisions of a majority of the members of the arbitration board shall be 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 working days of receipt of the grievance response in clause By mutual agreement between the Board and the Local any of the dates contained in this article may be extendedthereby bypassed.
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Samples: negotheque.travail.gc.ca