GRIEVANCE AND. It is agreed by the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (30) days after the alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written to the grievance will be given within ten days after such discussion has taken place. For the purpose of this Article the supervisor shall mean the manager of a department or other person designated by STEP ONE Failing settlement, the grievance may be taken up on the following sequence provided it is presented within fifteen (15) days supervisor's reply thereto. The grievance may be presented in to the manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not more than (2) employees of within ten (10) days of the receipt of the grievance at which the may attend if requested by either party in the company of the Guild representative and provided they can be spared operationally by for the purpose of assistance at the meeting as he considers necessary and will give the his decision in writing within ten (IO) days following the meeting, with a copy to the Guild representative. STEP TWO In the event that any difference arising from the interpretation, application or alleged contravention of Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision and the decision shall be final and binding upon both parties. The arbitrator shall not be authorized to alter, modify or amend any part of the terms Agreement not to make any decision inconsistent therewith. and the Guild shall each pay one-half the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the parties. Failure to comply with these guidelines shall not constitute a The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The limits upon either party at any step in the grievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considers just and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be presented in writing signed by the Manager for Canada or his designate, to the Guild within ten (IO) days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty days of the presentation of the grievance, the Guild shall give its written reply to the grievance in ten 0) days following the meeting. Failing settlement. such grievance be referred to arbitration within ten days of the date received the Guild's reply. Guild Grievance -The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing to the Manager for Canada or his designate within ten (10) days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation grievance, shall give the Guild its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten 0) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the same individual grievance arising out of the same circumstances and based on the same incident. such grievances may be combined and treated as a group grievance. The Guild shall have the right to tile a group grievance on behalf of the affected individual employees and the regular grievance procedure shall be followed. For the purpose of this Agreement, "day" means a calendar day and "grievance" means a complaint arising from the interpretation, application, administration or alleged violation of this Agreement Discipline and Discharge
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND. It The parties to this agreement believe it is agreed by the parties hereto that the important to adjust complaints and grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (30) days after the alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department levelpossible as provided for herein. The supervisor's written to employee or Union shall first discuss any individual complaint informally with the grievance will be given within ten days after such discussion has taken placeDirector of Care at the first opportunity. For the purpose In all steps of this Article the supervisor shall mean the manager of a department or other person designated by STEP ONE Failing settlementgrievance procedure an aggrieved employee, the grievance if she so desires may be taken up on the following sequence provided it is presented within fifteen (15) days supervisor's reply theretoaccompanied by or represented by her employee representative. The grievance may be presented in to the manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not more than (2) employees of within ten (10) days of the receipt At Step of the grievance at which the may attend if requested by either party in the company procedure a representative of the Guild representative and provided they can Ontario Nurses' Association may be spared operationally by for the purpose of assistance present at the meeting as he considers necessary and will give the his decision in writing within ten (IO) days following the meeting, with a copy to the Guild representative. STEP TWO In the event that any difference arising from the interpretation, application or alleged contravention of Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear Should any dispute arise between the Employer and determine an employee, or between the dispute and shall issue a decision Employer and the decision shall be final and binding upon both parties. The arbitrator shall not be authorized Union, as to alter, modify or amend any part of the terms Agreement not to make any decision inconsistent therewith. and the Guild shall each pay one-half the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the parties. Failure to comply with these guidelines shall not constitute a The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The limits upon either party at any step in the grievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considers just and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be presented in writing signed by the Manager for Canada or his designate, to the Guild within ten (IO) days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty days of the presentation of the grievance, the Guild shall give its written reply to the grievance in ten 0) days following the meeting. Failing settlement. such grievance be referred to arbitration within ten days of the date received the Guild's reply. Guild Grievance -The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing to the Manager for Canada or his designate within ten (10) days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation grievance, shall give the Guild its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten 0) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the same individual grievance arising out of the same circumstances and based on the same incident. such grievances may be combined and treated as a group grievance. The Guild shall have the right to tile a group grievance on behalf of the affected individual employees and the regular grievance procedure shall be followed. For the purpose of this Agreement, "day" means a calendar day and "grievance" means a complaint arising from the interpretation, application, administration or alleged violation of any of the provisions of this Agreement Discipline Agreement, an xxxxxxx effort shall be made to settle such differences within ten days of the occurrence. Step No. If further action is to be taken, then within ten (IO) days of the discussion, the employee, who may request the assistance of her employee representative, shall submit the written grievance to the Administrator. A meeting will be held between the parties within ten days. The Administrator shall give a written decision within ten days of the meeting to the Local Union with a copy to the Employment Relations Step No. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten days after the decision under Step No. is received, the grievance shall be deemed to have been settled or abandoned. A written grievance will indicate the nature of the grievance and Dischargethe remedy sought by the Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned. Saturday, Sunday and designated paid holidays shall not be counted in determining the time within which any action is to be taken or completed under the grievance procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND. It is agreed by Any grievance concerning the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (30) days after the application or alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written to the grievance will be given within ten days after such discussion has taken place. For the purpose violation of this Article the supervisor Agreement shall mean the manager of a department or other person designated by STEP ONE Failing settlement, the grievance may be taken up on the following sequence provided it is presented within fifteen (15) days supervisor's reply thereto. The grievance may be presented in reduced to the manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not more than (2) employees of within ten (10) days of its occurrence, on forms supplied by the receipt Union, and shall up in the following manner: STEP Within five (5) days of the grievance, a conference between 07/04/01 FAX the aggrieved Xxxxxxx, and Operations Supervisorwill be held. The Supervisor will give his answer in writing within three (3) and if the grievance at which the may attend if requested by either party in the company remains unsettled, it will be referred to STEP 2: A conference between or officials of the Guild representative Union and provided they can be spared operationally by for the purpose of assistance at Genera1Manager shall place within fourteen (14) days after the meeting as he considers necessary and matter has been to the General Manager. The General Manager will give the his decision in writing within ten three (IO3) working days following the meeting, with and failing a copy to the Guild representative. STEP TWO In the event that any difference arising from the interpretation, application or alleged contravention of Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter be referred to a Board I of Arbitration. of all parties. Time be changed by mutual agreement The Board of Arbitration shall thenconsist three (3) arbitrators, one to be appointed by each party to this Agreement and the third to be selected by two so appointed. The party desiring arbitration shall its arbitrator and shall give notice in writing given to within thirty (30) days the other party of such together with a written statement of the date to be arbitrated, within days after the decision in Step After receiving such notice in writing, the her party shall an arbitrator and give notice in writing to the other party of appointmentwithin ten (10) days. the event of the decision from the Manager for Canada or his designatetwo so d unable to select a third arbitrator able and willing to act as Chairman, be referred then party may apply to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon for the request Governmentof Canadato a Chairman of either partythe Arbitration Board. The arbitrator Board of Arbitration so constituted of three (3) members shall hear then forthwith consider and determine the dispute and shall issue a decision matters before them and the decision of a majority of the members of the Arbitration Board shall be final and binding upon both partieson all parties concerned. Each of the parties hereto will bear of the Arbitrator appointed by it, and the parties will jointly bear the of the of the Arbitration Board. Either party shall have the right to appoint anyone they desire to represent them on an Arbitration Board without the of the other party to object to such appointment. The arbitrator Arbitration Board shall not be authorized to make any inconsistent with the provisions of this Agreement, to alter, modify or amend any part of this Agreement. However, in respect of a involving the terms Agreement not discipline or discharge of an employee, the Arbitration be entitled to make any decision inconsistent therewithvary or set aside such penalty if, the opinion of the Board. it is just and equitable to do so. Where employees have identical a group grievance shall be originatedat Step Any complaint, difference or dispute directly between the Company and the Guild Union shall each pay one-half be originated at Step Such grievance shall not include any matter upon which an individual employee employees could grieve. In this way, the remuneration and expenses regular grievance procedure for an or group of employees will not be bypassed. All settlements at between the of the arbitrator. Neither party Company and the Union shall be obligated in writing and shall be final arid binding upon the Company, the Union, and the employee or employees If the or Union fails to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that act w the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the parties. Failure to comply with these guidelines shall not constitute a The arbitration shallArticle, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The limits upon either party at any step in the grievance procedure may shall be deemed to be unless the time limits have been extended by mutual agreementA regular employee i who claims that consent the Union the Company. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance success completed his probationary period and period he was discharged or disciplined but must do so within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considers just and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be presented in writing signed by the Manager for Canada or his designate, to the Guild within ten five (IO) days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty days of the presentation of the grievance, the Guild shall give its written reply to the grievance in ten 0) days following the meeting. Failing settlement. such grievance be referred to arbitration within ten days of the date received the Guild's reply. Guild Grievance -The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing to the Manager for Canada or his designate within ten (10) days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (305) days of the presentation grievance, shall give the Guild its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten 0) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the same individual grievance arising out of the same circumstances and based on the same incident. such grievances may be combined and treated as a group grievance. The Guild shall have the right to tile a group grievance on behalf of the affected individual employees and the regular grievance procedure shall be followed. For the purpose of this Agreement, "day" means a calendar day and "grievance" means a complaint arising from the interpretation, application, administration or alleged violation of this Agreement Discipline and Dischargeat Step
Appears in 1 contract
Samples: negotech.service.canada.ca
GRIEVANCE AND. It is agreed by the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (30) days after the alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written to the grievance will be given within ten days after such discussion has taken place. For the purpose of this Article the supervisor shall mean the manager of Agreement, a department grievance or other person designated by STEP ONE Failing settlement, the grievance may be taken up on the following sequence provided it complaint is presented within fifteen (15) days supervisor's reply thereto. The grievance may be presented in to the manager authorized by to deal with such grievance, and setting forth, the nature defined as a difference arising either between a member of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances bargaining unit and the remedy sought. The authorized representative of shall arrange a meeting with or between the Guild and a committee of not more than (2) employees of within ten (10) days of the receipt of the grievance at which the may attend if requested by either party in the company of the Guild representative and provided they can be spared operationally by for the purpose of assistance at the meeting as he considers necessary and will give the his decision in writing within ten (IO) days following the meeting, with a copy to the Guild representative. STEP TWO In the event that any difference arising from the interpretation, application or alleged contravention of Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision and the decision shall be final and binding upon both parties. The arbitrator shall not be authorized to alter, modify or amend any part of the terms Agreement not to make any decision inconsistent therewith. and the Guild shall each pay one-half the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the parties. Failure to comply with these guidelines shall not constitute a The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The limits upon either party at any step in the grievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considers just and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect parties hereto relating to the interpretation, application, administration or alleged contravention of the Agreement. Such The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire parties hereto that complaints shall be presented adjusted as quickly as possible, and it is understood- that an employee has no grievance until he has first given his immediate supervisor the of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate five (5)days after the circumstances giving to it have occurred or ought reasonably to have come to the attention of the employee.' settlement within the five (5) days, it shall then be taken up as a grievance within five (5)days following his immediate supervisor's decision in the following and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing signed within five (5)days following day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Ste p Within five (5)days following the decision in immediately preceding step, the grievance shall be' submitted in writing to the Director, Human Resources or designate. A meeting will then be held between the Director, Human Resources or the and the designated union representatives who may be accompanied by the Manager for Canada or his designategeneral representative of the Union, to within five (5)days of the Guild submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shalt be delivered in writing within ten following date of such Grievance 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 within ten. (IO) days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held It is expressly understood, however, that the provisions of this Article may not be used with the Guild Grievance Committee within thirty days of the presentation of the grievance, the Guild shall give its written reply respect to the grievance in ten 0) days following the meeting. Failing settlement. such grievance be referred to arbitration within ten days of the date received the Guild's reply. Guild Grievance -The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing to the Manager for Canada or his designate within ten (10) days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation grievance, shall give the Guild its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten 0) days of the date the Guild received reply. Group Grievance If two (2) or more employees affecting an employee which he could have the same individual grievance arising out of the same circumstances and based on the same incident. such grievances may be combined and treated as a group grievance. The Guild shall have the right to tile a group grievance on behalf of the affected individual employees instituted himself and the regular grievance procedure shall not be followedthereby by-passed. For Where the purpose of this Agreement, "day" means grievance a calendar day and "grievance" means a complaint arising from Hospital grievance it shall be filed with the interpretation, application, administration or alleged violation of this Agreement Discipline and DischargeCommittee.
Appears in 1 contract
Samples: Service Employees
GRIEVANCE AND. It is agreed by the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (30) days after the alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written to the grievance will be given within ten days after such discussion has taken place. For the purpose of this Article the supervisor shall mean the manager of a department or other person designated by STEP ONE Failing settlement, the grievance may be taken up on the following sequence provided it is presented within fifteen (15) days supervisor's reply thereto. The grievance may be presented in to the manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not more than (2) employees of within ten (10) days of the receipt of the grievance at which the may attend if requested by either party in the company of the Guild representative and provided they can be spared operationally by for the purpose of assistance at the meeting as he considers necessary and will give the his decision in writing within ten (IO) days following the meeting, with a copy to the Guild representative. STEP TWO In the event that any difference arising from the interpretation, application or alleged contravention of Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision and the decision shall be final and binding upon both parties. The arbitrator shall not be authorized to alter, modify or amend any part of the terms Agreement not to make any decision inconsistent therewith. and the Guild shall each pay one-half the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the parties. Failure to comply with these guidelines shall not constitute a The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The limits upon either party at any step in the grievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considers just and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be presented in writing signed by the Manager for Canada or his designate, to the Guild within ten (IO) days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty days of the presentation of the grievance, the Guild shall give its written reply to the grievance in ten 0) days following the meeting. Failing settlement. such grievance be referred to arbitration within ten days of the date received the Guild's reply. Guild Grievance -The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing to the Manager for Canada or his designate within ten (10) days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation grievance, shall give the Guild its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten 0) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the same individual grievance arising out of the same circumstances and based on the same incident. such grievances may be combined and treated as a group grievance. The Guild shall have the right to tile a group grievance on behalf of the affected individual employees and the regular grievance procedure shall be followed. For the purpose purposes of this Agreement, "day" means a calendar day and "grievance" means grievance is defined as a complaint difference arising from between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the 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 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 (9) 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 (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step No. The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement Discipline which are alleged to be violated. The immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver 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 time and Dischargeplace 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: No. Within nine (9) 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 (9) calendar days of the 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 may 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 the Agreement shall be originated at Step No. within fourteen (14) 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 (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 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. within seven
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND. It is agreed by the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (30) days after the alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written to the grievance will be given within ten days after such discussion has taken place. For the purpose of this Article the supervisor shall mean the manager of a department or other person designated by STEP ONE Failing settlement, the grievance may be taken up on the following sequence provided it is presented within fifteen (15) days supervisor's reply thereto. The grievance may be presented in to the manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not more than (2) employees of within ten (10) days of the receipt of the grievance at which the may attend if requested by either party in the company of the Guild representative and provided they can be spared operationally by for the purpose of assistance at the meeting as he considers necessary and will give the his decision in writing within ten (IO) days following the meeting, with a copy to the Guild representative. STEP TWO In the event that any difference arising from the interpretation, application or alleged contravention of Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision and the decision shall be final and binding upon both parties. The arbitrator shall not be authorized to alter, modify or amend any part of the terms Agreement not to make any decision inconsistent therewith. and the Guild shall each pay one-half the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the parties. Failure to comply with these guidelines shall not constitute a The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The limits upon either party at any step in the grievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considers just and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be presented in writing signed by the Manager for Canada or his designate, to the Guild within ten (IO) days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty days of the presentation of the grievance, the Guild shall give its written reply to the grievance in ten 0) days following the meeting. Failing settlement. such grievance be referred to arbitration within ten days of the date received the Guild's reply. Guild Grievance -The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing to the Manager for Canada or his designate within ten (10) days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation grievance, shall give the Guild its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten 0) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the same individual grievance arising out of the same circumstances and based on the same incident. such grievances may be combined and treated as a group grievance. The Guild shall have the right to tile a group grievance on behalf of the affected individual employees and the regular grievance procedure shall be followed. For the purpose purposes of this Agreement, "day" means a calendar day and "grievance" means grievance defined as a complaint difference arising from between the parties relating to the interpretation, application, administration or alleged violation of the agreement including any question as to whether a matter is arbitrable. At the time formal discipline imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right advance. It the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it 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 (9) calendar days after the circumstances giving rise to have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate decision in the following manner and sequence: Step No. The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement Discipline which are alleged to be violated. The immediate supervisor will deliver his decision writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision 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 time and Dischargeplace suitable to both parties. This step may be omitted where the immediate supervisor and Department Head are the same person. Failing settlement then: No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted 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 (9) calendar days of the 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 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 writing within nine (9) calendar days following the date of such meeting. A complaint or grievance arising Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or 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 grieving to the Department Head or his designee within fourteen (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 provision 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. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND. It the of this Agreement, a grievance or complaint is agreed by defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (30) days after the alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written to the grievance will be given within ten days after such discussion has taken place. For the purpose of this Article the supervisor shall mean the manager of a department or other person designated by STEP ONE Failing settlement, the grievance may be taken up on the following sequence provided it is presented within fifteen (15) days supervisor's reply thereto. The grievance may be presented in to the manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not more than (2) employees of within ten (10) days of the receipt of the grievance at which the may attend if requested by either party in the company of the Guild representative and provided they can be spared operationally by for the purpose of assistance at the meeting as he considers necessary and will give the his decision in writing within ten (IO) days following the meeting, with a copy to the Guild representative. STEP TWO In the event that any difference arising from the interpretation, application or alleged contravention of Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision and the decision shall be final and binding upon both parties. The arbitrator shall not be authorized to alter, modify or amend any part of the terms Agreement not to make any decision inconsistent therewith. and the Guild shall each pay one-half the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the parties. Failure to comply with these guidelines shall not constitute a The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The limits upon either party at any step in the grievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considers just and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect relating to the interpretation, application, administration or alleged contravention violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it then be up as a. grievance within five days following his supervisor's decision in the following manner and sequence. 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a xxxxxxx, The immediate supervisor will his decision in writing within five days following the day on which the written grievance was presented to him. Failing then: Within five days following decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are same person. Failing settlement Within five days following the decision in the immediately preceding step, the grievance shall be presented submitted in writing signed to the Chief Executive Officer the or the designated Hospital representative. A meeting will then be held between the Executive or the designated Hospital representative and the desig- nated representatives who may be accompanied by the Manager for Canada or his designategeneral representative of the Union, to within five days of the Guild submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (IO) days following the occurrence or origination date of such meeting. .A complaint grievance arising directly between the Hospital and the Union concerning the interpretation, application alleged violation of the Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. Failing settlement at a meeting held It is understood, however, that the provisions of this Article may not be used with the Guild Grievance Committee within thirty days of the presentation of the grievance, the Guild shall give its written reply respect to the grievance in ten 0) days following the meeting. Failing settlement. such grievance be referred to arbitration within ten days of the date received the Guild's reply. Guild Grievance -The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing to the Manager for Canada or his designate within ten (10) days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation grievance, shall give the Guild its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten 0) days of the date the Guild received reply. Group Grievance If two (2) or more employees affecting an employee which he could have the same individual grievance arising out of the same circumstances and based on the same incident. such grievances may be combined and treated as a group grievance. The Guild shall have the right to tile a group grievance on behalf of the affected individual employees instituted himself and the regular grievance procedure shall not be followedthereby by-passed. For Where the purpose of this Agreement, "day" means grievance is a calendar day and "grievance" means a complaint arising from Hospital grievance it shall be filed with the interpretation, application, administration or alleged violation of this Agreement Discipline and DischargeGrievance Committee.
Appears in 1 contract
Samples: Collective Agreement